On July 24, Delaware Gov. John Carney signed a law allowing mail-in voting and same day registration. Delaware’s Constitution doesn’t allow an unsupervised election or same day registration. The Public Interest Legal Foundation, of which I am the President, is suing the state and fighting for the rule of law in elections.
The Delaware Constitution has only a few circumstances when a mail ballot is permitted. Some might want the list to be longer, but the Constitution is the supreme law of the state. The newly enacted mail voting law flatly ignores the requirements of the Constitution.
Additionally, the newly passed law spreads out the election and the counting of ballots over weeks. Again, the Delaware Constitution specifies that elections must take place on a single day — the second Tuesday in November.
The Delaware Constitution isn’t some quaint old advisory document. It represents the supreme will of the people of Delaware. It lays down democratically enacted requirements passed by the people and the people’s representatives. If the people want to change it, then they must change it.
The legislature can’t pass a law that conflicts with the will of the people in the Delaware Constitution.
This new election day registration law