Senate Vote by Mail Statement:
The below is a statement from Senate Republican leadership regarding yesterday’s vote-by-mail ruling:
“Wednesday evening, Vice Chancellor Nathan Cook ruled Senate Bill 320 (SB 320), as amended, unconstitutional. The legislation, which was signed into law by Governor Carney on July 22, 2022, skirted around Delaware’s constitutional requirements for absentee voting and immediately established a vote-by-mail system.
As Republican members of the Senate and House of Representatives correctly argued during committee hearings and floor debate, SB 320 blatantly disregarded Article V, Section 4A of the Delaware Constitution. Additionally, the Delaware Department of Elections acknowledged in a 2020 court case that general vote-by-mail was only permitted that year because of Governor Carney’s emergency declaration in response to the COVID-19 pandemic. As a result, Vice Chancellor Cook struck the statute down and vote-by-mail will not be permitted during the upcoming general election.
We thank Vice Chancellor Cook and the Court of Chancery for the expedited process and commend him for upholding the Delaware Constitution.”
As a result of lawsuits filed by State Party Chair, Jane Brady, and Attorney General Candidate, Julianne Murray, recently passed “Vote by Mail” legislation has been found to be unconstitutional and will not be used in this year’s general election. See media coverage below: