BREAKING: The Delaware Supreme Court

Posted on 10-07-2022

BREAKING: The Delaware Supreme Court unanimously ruled both election day voter registration and mail-in-voting unconstitutional. The Court consists of five justices, three Democrats and two Republicans.

Senate Republican Leader Gerald Hocker and Senate Republican Whip Brian Pettyjohn issued the following reaction:

“As Republicans in the Delaware General Assembly correctly argued during the floor debates for SB 320 and HB 25, both bills violated the Delaware Constitution. The sponsors and Democrats ignored our concerns, dismissed expert legal testimony, and passed both pieces of legislation anyway. Today, however, the rule of law prevailed.

“We thank the Delaware Supreme Court justices for the expedited process and their unanimous decision.”

Click here to view the Court’s abbreviated decision:

November 8th 2022

Comment from Senator Pettyjohn:

“…I will always uphold and defend the Constitutions of my Country and my State, so help me God.”

These eighteen words are the final words of the Oath of Office each Senator and representative take before starting their duties in Legislative Hall. 

Today, the Delaware Supreme Court, comprised of 3 Democrats and 2 Republicans, in unanimity, declared the election bills ramrodded through the General Assembly by the majority party violated the Constitution of the State of Delaware. Plain and simple. 

The arguments offered by our members were the same offered to our Justices. While the majority in the General Assembly dismissed our concerns, I am grateful that our justices saw through the contradictory arguments presented by those legislators. 

Voting is a fundamental right in our society, and it’s a right that should be protected by having free, fair, and secure elections. I look forward to working to modernize and further secure our election process by ensuring our valid concerns are recognized, addressed, and solutions passed into law. 

As expected, the majority is painting our caucus as the boogeyman, resisting changes to our elections. Nothing could be further from the truth. What we will not tolerate is the tyranny of the majority.

Changes to election laws should not be passed by a bare majority of the General Assembly. Solutions should not be partisan and should be a result of a consensus of the entire body. 

Changes to election laws should not take effect mere months before an election is held. Our elections officials must have ample time to prepare, test, and validate changes to voting methods. 

We are not unreasonable. On the contrary, our colleagues on the other side of the aisle are unreasonable in their unwillingness to come to the table to work in a solution that both sides find acceptable. 

Next month, when you vote, vote for the party that desires balance in Legislative Hall, not the party that seeks unbridled power. Elect more Republicans to restore a sense of balance in Delaware.