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State Supreme Court Makes Major Ruling Regarding Mail-In Ballots Ahead of Midterms

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Another state Supreme Court has weighed in on the issue of mail-in ballots just weeks before crucial midterm elections.

The Vermont Supreme Court ruled on Friday that universal mail-in voting enacted during the 2020 election was a violation of the state’s constitution.

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

In addition, the high court ruled a provision of the law that would allow same-day registration throughout the state was wrongly decided and reversed the decision.

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Absentee voting is constitutional in Delaware; however, the voter must be unable to reach their polling place due to reasons like illness or disability, reports said.

The court wrote:

“The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution. 

“Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed.

“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.

“The Court enters this abbreviated order in recognition of the impending election scheduled for November 8, 2022, and the Department of Election’s desire to mail ballots to voters by or around October 10, 2022.

“A more formal opinion, fully explaining the Court’s views and the reasons supporting our unanimous decision, will issue in due course.

“The mandate shall issue immediately.”



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Jonathan Davis

Jonathan Davis is the editor-in-chief for USA Journal News.