DELAWARE- The Delaware Supreme Court ruled that no excuse mail-in voting and same day voter registration are unconstitutional.
The supreme court did not give its full opinion but was quick to release its decision, especially with key deadlines and dates coming up for the general election.
State Senator Brian Pettyjohn (R-SD 19) said the justices made the right call.
"The way that the constitution is right now, we can't do what the majority wanted to do," Pettyjohn said. "So, really what has to happen is what should be happening anyway is that both sides should work together to agree on some changes so that if we decide to proceed, we would have to do a constitutional change first."
Senate Republican Gerald Hocker (R- SD 20) joined Pettyjohn issuing a statement on the decision.
“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."
The ACLU of Delaware disagrees with the ruling. Legal Director Dwayne Bensing said voters should have easy access and options to cast their ballot.
"The general assembly passed these laws to try and help people participate in our democracy and its unfortunate that the supreme court has now ruled both of these laws unconstitutional," Bensing said.
Governor Carney's Office voiced frustration over the decision.
"We are disappointed with today’s outcome on the vote-by-mail law and same day registration. The Governor’s position has been simple and consistent. We should make it easier – not harder – for all eligible Delawareans to vote and participate in our democratic process."
Attorney General Kathy Jennings said the voters will be impacted by this.
“Delawareans are still struggling with COVID, and the GOP is working to make it harder and less safe for people to vote. Whether it’s pulling votes on a constitutional amendment, withholding them on popular vote by mail legislation, or suing to restrict ballot access, the Delaware Republican Party is showing us the lengths they’ll go to stop the people from voting. Extremists are celebrating today at voters’ expense.”
The general assembly would now have to pass this legislation in two consecutive sessions before it can be signed into law.
The deadline to register to vote in Delaware for the general election is October 15th.