Delaware Judge Rules Democrats’ Vote-By-Mail Law Unconstitutional And Prohibits It In November


OPINION: This article contains commentary which may reflect the author's opinion


Delaware Democrat lawmakers wanted an amendment to their state Constitution for their utopian voting rights agenda that allows very permissive changes in real election law but failed to get Republican support -so they went around the process and devised a bill that passed on June 22 and was signed into law by Democrat Gov. John Carney.

The focus of the political move was to make allowances for registered voters to request a mail-in ballot before the election without an excuse for why they were doing so, which the Democrats call an ‘attack on voting rights’ but which really sounds like a sneaky way to commit fraud and steal transparency.

Republicans see mail-in ballots without signatures and without any idea of where they are coming from as a problem. Democrats call that undermining ‘Democracy’.

“Unfortunately, Republicans at the state and federal levels have engaged in an unprecedented attack on voting rights and embraced false conspiracy theories that undermine public confidence in our voting systems. Democrats are determined to continue advancing the cause of voting rights and conducting oversight to ensure that misleading information does not deter Americans from participating in our democracy and having confidence in the results of our free and fair elections,” Democrat Steny Hoyer said.

The Democrats have continued to focus on states like Delaware with the message of ‘One American- one vote”, but remember it depends on how they define ‘American’.

“Democrats are committed to the sacred principle of “one person, one vote”—and we will fight to achieve that principle for every citizen, regardless of race, income, disability status, geography, or English language proficiency. We stand united against the determined Republican campaign to disenfranchise voters through onerous voter ID laws, unconstitutional and excessive purges of the voter rolls, and closures of polling places in low-income neighborhoods, on college campuses, and in communities of color.”

“Americans should never have to wait in hours-long lines to exercise their voting rights,” Democrats.org wrote about the focus on changing voting laws.

So this movement in Delaware is noteworthy for other states.

Now, there are challenges to the Delaware plan, and this is causing chaos ahead of the 2021 mid-term elections in November, which are expected to have a high turnout because of the amount of anger in the US Population leveled at the Democrats.

“On Wednesday, Vice Chancellor Nathan Cook of the Delaware Court of Chancery ruled SB 320 unconstitutional. Although in the November general election, those who cannot make it to the polls can still request an absentee ballot and same-day registration is still allowed, mail-in voting will be prohibited,” Joesph MacKinnon reported for The Blaze.

“The statute that permitted vote-by-mail in 2020 expired January 2021. With the now stricken law, Democrats sought to extend and enshrine mail-in voting beyond the pandemic-era statute first ushered in with Carney’s declaration of a state of emergency.

The Democrat speaker of the Delaware state House, Pete Schwartzkopf, stated he didn’t know “whether it’s constitutional or not constitutional, and neither do you guys, or anybody else in here.”

Schwartzkopf suggested that the most prudent course of action would be to hear and pass the bill and then to let subsequent challenges in the courts prompt a conclusive determination as to its constitutionality,” MacKinnon reported.

From his report:

Five plaintiffs, represented by Delaware Republican Party Chairwoman Jane Brady and Republican candidate for attorney general Julianne Murray, obliged Schwartzkopf. In July, they filed a lawsuit in Delaware’s Chancery Court.

On July 22, Brady, formerly Delaware’s attorney general, stated, “The Constitution provides you must vote in person on election day unless you qualify under very limited conditions to vote absentee.” Mail-in voting, she said, “violates that requirement, as it allows voting without declaring or meeting any of those limited conditions.”

Brady also had also highlighted how Carney signed the bill into law in a private ceremony on a Friday and accused Democrats of hiding. “They know that many Delawareans do not support mail-in voting.” An additional reason for the stealthy enactment, suggested Brady, was that Democrats “know that it is unconstitutional.”

Hank McCann, the national committeeman for the Delaware Republican Party, stated at the time of the bill’s passage, “When the Democrats failed to get enough votes in the legislature to change our election laws the way the Delaware Constitution mandates, they simply bypassed the Constitution and passed a statute.”

In his ruling, Cook — nominated by Carney earlier this year — wrote that were mail-in voting permitted in the November 8 general election, the result would be “the dilution of constitutional votes with unconstitutional votes.”

Although this might otherwise indicate that Cook regards some of the 10,586 absentee and mail-in votes cast for Democrat state auditor in Tuesday’s primary election as “unconstitutional,” WDEL reported that neither the lawsuit nor Cook’s ruling have bearing on the primary election’s results.

A 2021 Rasmussen poll indicated the belief that mail-in voting has a corruptive impact on elections is widely shared. As several states worked to make mail-in voting permanent, 65% of likely U.S. voters noted that doing so would lead to more cheating in elections.

According to the National Conference of State Legislatures, California, Hawaii, Nevada, Washington, Utah, and Vermont are among the states that have made mail-in voting permanent.

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