Earlier this week, the Delaware Court of Chancery ruled that a vote-by-mail law passed by the Delaware General Assembly in July violates the election protections in the state constitution. The new statute would allow voters in Delaware to cast their ballot by mail in a general election for any reason. The lawsuit challenging the constitutionality of the statute was brought by the Public Interest Legal Foundation on behalf of Delaware election official Michael Mennella.
Christian Adams, president of the Public Interest Legal Foundation, explains:
"The Delaware Constitution sets the rules for how to run an election – and [it] doesn't imagine vote-by-mail with mail ballots being sent all over the state," he tells AFN. "So, the Delaware court struck down vote-by-mail in Delaware as unconstitutional. In other words, [the court is] following the rules."
According to Adams, several states – in the aftermath of the 2020 election – have been "just ignoring" the law, to the detriment of the entire election process.
"… And that's why the Public Interest Legal Foundation brought a lawsuit in Delaware: to enforce the law," he continues, "[and] to enforce the requirements of the Delaware constitution, which does not allow mail voting."
Adams adds that the ruling will not affect legitimate absentee voting, which is guaranteed by federal law.