UPDATED: DE Supreme Court Rules on Vote-by-Mail & Same-Day Registration
The Delaware Supreme Court, in a unanimous decision, has found that Vote-by-Mail does violate the Delaware Constitution and that the decision on Same-Day Registration by the Delaware Court of Chancery should be reversed.
Only absentee ballots for reason will be accepted and those wanting to register to vote have until 10 days before the November 8th General Election.
Both Attorneys Jane Brady and Julianne Murray presented their oral arguments to the Delaware Supreme Court Thursday morning.
Reaction:
House Democratic Caucus Leadership Statement on Delaware Supreme Court Ruling on Voting
In response to today’s Delaware Supreme Court decision regarding vote-by-mail and same-day registration, House Speaker Pete Schwartzkopf and House Majority Leader Valerie Longhurst issued the following joint statement:
“Today’s Delaware Supreme Court decision is deeply disappointing to us and all voting rights advocates out there. At a time when voting rights across the nation are under attack, Delaware has repeatedly attempted to be a positive example of how to enfranchise residents and make it easier and more convenient for them to exercise their constitutionally protected right to vote.
“Unfortunately, the Supreme Court’s decision reinforces that our previous efforts to amend Delaware’s Constitution for voting is more important now than ever. Democrats have steadfastly supported these attempts, which would ultimately improve access and opportunities for all voters, and we will continue to push for these critical changes to our electoral laws. We will review the Supreme Court’s full decision once it is available and chart our path forward.”
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Senate Leadership statement on Supreme Court’s vote-by mail and same-day registration ruling
Delaware Senate President Pro Tempore Dave Sokola, Senate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth Lockman issued the following statement regarding the Delaware Supreme Court’s ruling on Senate Bill 320 and House Substitute 1 for House Bill 25:
“While we are deeply disappointed that mail-in voting and Election Day registration will not be options available to Delawareans this election cycle, we thank the Supreme Court for expediting its decision to bring clarity to voters as the General Election approaches next month.
This ruling, which undoes statues passed by the Legislature and signed into law by Governor John Carney, will effectively make voting harder and less convenient for working people in the First State, whom we believe should enjoy the same rights held by voters in dozens of other states across the country.
Our efforts to provide a safe, secure, and legal vote-by-mail option through a Constitutional amendment were stymied by Republican legislators who switched their votes once Donald Trump began spreading the Big Lie. Republican legislators also voted to retain an arbitrary and antiquated Saturday deadline for voter registration.
We commend Sen. Kyle Evans Gay, Rep. Sherry Dorsey Walker, and Rep. David Bentz for pursuing every possible path forward on vote by mail and same-day registration, and we are committed in 2023 to continuing to answer the call of our constituents to promote and protect democracy by increasing ballot access.
Today’s ruling makes clear that amending our State Constitution is the only path forward for implementing these policies, which are supported by 70 percent of Delawareans. And so, it appears our constituents can only secure the open and accessible elections they demand by electing more Democrats to the General Assembly in November.”
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ACLU-DE & DVRC Issue Statements on Supreme Court Voting Rights Ruling
On Friday, October 7, 2022, the Delaware Supreme Court delivered a blow to voting rights in our state with a ruling that overturned the vote-by-mail and same day registration laws that were passed earlier this year.
Statements from the ACLU of Delaware and the Delaware Voting Rights Coalition are below.
From ACLU-DE:
“We are profoundly disappointed by the Delaware Supreme Court decisions overturning vote-by-mail and same day voter registration, and deeply concerned about the impact this ruling will have on voters – not only in this year’s General Election, but for elections to come.
Delawareans overwhelmingly want to be able to cast their ballots freely and fairly, and vote by mail and same day registration improved access securely for thousands of voters. Delaware’s General Assembly must work now to pass constitutional amendments in order to enact these changes permanently, and the ACLU remains committed to these reforms.
For now, voters in Delaware will be forced to navigate barriers such as arbitrary registration deadlines and long lines at the polls. A stark consequence of this ruling is that Delaware’s registration deadline will remain one of the longest deadlines allowed by federal law, drastically reducing voter engagement in all of our elections.
We won’t mince words: This is a devastating blow to voting rights in our state. However, this fight is far from over. We’ll take our advocacy efforts back to Legislative Hall in January, and in the meantime, we’ll do everything we can to educate voters about how, where, and when they can cast their ballot on Tuesday, November 8.”
This statement is attributable to Dwayne J. Bensing, Legal Director, ACLU of Delaware (ACLU-DE)
FROM DVRC:
“Today is a sad day for voting rights in Delaware – but despite this setback, the Delaware Voting Rights Coalition is ready to take action. Next week, we will be launching our updated DVRC Voter Guide for the General Election, which will include information about these latest developments.
In the meantime, with just one month until the 2022 General Election, there are a few things that we want to ensure every voter in Delaware knows:
- The deadline to register to vote in the General Election is next Saturday, October 15. If you do not register to vote by that date, you will not be able to cast your ballot. Check your registration status online at ivote.de.us.
- Vote-by-mail is no longer an option for the General Election. The only way that a person can cast their ballot by mail in this year’s General Election is through absentee voting, which requires an excuse. If you plan to vote absentee, you must request your absentee ballot, with a valid excuse, as soon as possible. Request your absentee ballot online at ivote.de.us.
- Early voting is still an option for the General Election, but you must be registered to vote before showing up at an early voting site. Learn more about early voting at votedelaware.org.
Now, more than ever, it is vital that voters in Delaware are educated on how, where, and when they can vote in the 2022 General Election. Voter confusion is one of the strongest forms of voter suppression, so despite these last-minute changes, we’re going to work hard to ensure that voters know how to cast their ballots on Tuesday, November 8.”
This statement is attributable to the Delaware Voting Rights Coalition (DVRC).
