In Delaware, the new vote-by-mail and same-day voter registration laws have been stricken down after the Delaware Supreme Court found them to be unconstitutional on Friday. State Democrats had hoped that the implemented changes would help improve voter turnout in the upcoming midterm elections.
Justices had to look at whether ballots could be cast by mail, and whether there was a provision in the state’s constitution that would allow for the registration of voters on Election day before making a decision.
The court determined that the vote-by-mail law “impermissibly expands the categories of absentee voters identified” in the state constitution. The same-day registration law also doesn’t align with the registration period as it is outlined in the constitution.
In regards to voting registration, the state constitution says that the registration period should not begin further away than 120 days from the election day and that it should not end more than 20 days and less than 10 days before the election day.
Jane Brady, Delaware’s Republican Party chairwoman, and the former attorney general said that she was glad for the court’s decision as it highlighted the importance of language in the constitution. She also noted that this was “a win for the rule of law.”
The state constitution also allows for absentee votes for people who are unable to attend and go to the polls on Election day because of public service or business conflicts, disabilities, sickness, or other conflicting reasons.
Voters in Delaware now need to register to vote by Oct. 15th.