DOVER, Del.- Gathering in the Delaware Supreme Court on a supreme issue: vote by mail.
Oral arguments were presented to the five justices on Thursday.
The appellants went first. Chief Deputy Attorney General Alexander Mackler who is representing the State and the Department of Elections argued that the language of the constitution allows for voting options like mail-in and absentee.
The ACLU of Delaware agrees. Legal Director Dwayne Bensing says mail-in voting allows more voices to be heard and the election process to be modernized.
"That was based in some of expertise and experience in the 2020 election when the general assembly passed the emergency legislation that allowed over 160,000 Delawareans to cast their vote by mail," Bensing said.
On the opposite side, Julianne Murray who is representing the appellees focused on mail-in voting and laid out a timeline on certain amendments to the constitution. Murray says the general assembly did not follow said law.
"There is a pure constitutional issue here," Murray said. "And the constitution is the supreme law of the State of Delaware. And statutes have to flow from that."
Jane Brady presented her case against same day voter registration which was previously upheld by the Court Of Chancery and has been appealed by her clients.
"You look at the historic legislative history and the case law on same day registration, there's only three cases in the state's history legally," Brady said. "All of them are consistent with our argument."
The talking is over and now it is up to the justices to decide if no excuse mail-in voting and same day voter registration will be available during key election.
