In Biden’s native state of Delaware, disputes over voting procedures have brought the U.S. Constitution into question.

A person is permitted to vote absentee if he or she is unable to get to the polls on Election Day due to public service, business, or vocation. Also permitted to vote absentee are spouses and dependents who reside with or accompany someone in these situations. Other exceptions include sickness or physical infirmity, vacation, and a person’s religious beliefs or teachings.

The office of the attorney general contended that voting by mail is not absentee voting. Nonetheless, it asserted that the constitution’s clause on absentee voting does not prevent the General Assembly from permitting universal voting by mail.

In 2020, when MPs utilized their emergency powers to enable universal voting by mail due to the coronavirus outbreak, they clearly stated that the constitution’s list of absentee voting grounds is “exhaustive,” indicating that no further justifications are permitted. Invoking their emergency powers, they also accepted that they must comply with the Constitution unless doing so would be “impractical” or entail excessive delay. They then determined that complying with the absentee voting clause of the constitution would be “impracticable.”

The registration period for a general election cannot commence more than 120 days or fewer than 60 days before the election, according to the Constitution. Additionally, it cannot conclude more than 20 days or fewer than 10 days prior to the election.

Vice Chancellor Nathan Cook upheld the same-day registration statute in Delaware last month, but ruled that the vote-by-mail bill, which Democrats hurried through the General Assembly in less than three weeks, violates constitutional prohibitions on absentee voting. Each bill received exactly one Republican vote in June and was signed into law by Democratic Governor John Carney in July.

Kathleen Jennings, the Democratic attorney general, appealed Cook’s decision invalidating the vote-by-mail statute. Cook’s ruling maintaining same-day registration was challenged by Republican attorneys representing voters, a candidate for the state house, and a Department of Elections staffer.

Friday, the Supreme Court of Delaware declared that new state rules permitting universal voting by mail and registration on Election Day are unconstitutional.

In a three-page opinion, the judges ruled that Delaware’s vote-by-mail act impermissibly increases the categories of absentee voters listed in the state’s constitution. They stated that the same-day registration regulation violates with the registration periods outlined in the constitution.

More on this story via The Republic Brief:

The Supreme Court upheld Cook’s ruling on the vote-by-mail law but said his decision allowing same-day registration should be reversed.

“I am very pleased the court recognized that the language of the constitution really matters. This is a win for the rule of law,” said state Republican Party chair and former attorney general Jane Brady. Brady and Georgetown lawyer Julianne Murray, the GOP nominee for attorney general, represented plaintiffs challenging the new laws. CONTINUE READING…