Delaware Ruling Bans No-Excuse Mail-In Voting, Same-Day Registration As Unconstitutional


A Delaware ruling struck down a law allowing no-excuse mail-in voting and another law allowing same-day voter registration (pdf).

A Delaware judge rules that no-excuse mail-in voting violates the state constitution. The ruling requires Delaware voters to have an excuse to vote by mail this fall. The judge also upheld same-day voter registration following lawsuits brought by Republicans.


“The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution,” the judges wrote in the order. “Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed.”

The panel also struck down the lower court’s ruling keeping the same-day registration law in place. “The Same-Day Registration Statute conflicts with the provisions of Article V, Section 4 of the Delaware Constitution. Consequently, the judgment of the Court of Chancery that the Same-Day Registration Statute does not violate the Delaware Constitution should be reversed.”

“This ruling upheld the rule of law in Delaware when not long-ago election officials across the country were ignoring the law,” said PILF President J. Christian Adams.

Vice Chancellor Nathan Cook granted a motion by the Department of Elections and Election Commissioner Anthony Albence to stay his ruling pending an expedited appeal to the state Supreme Court, which is scheduled to hear arguments in the case on Oct. 5.

Cook said his stay would allow elections officials to process mail-in voting applications and prepare ballots, but they are not allowed to send them to voters.

One of Brandon Straka’s employees, Nick Miles got this done. Mr. Straka is the man who the DoJ arrested for standing on the Capitol steps doing nothing wrong on Jan. 6.


Correction: The statement regarding the striking down of the same-day registration was poorly worded and corrected.

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