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Delaware Judge Halts All Mail-In Voting

At a glance

  • A Chancery Court judge has ruled Delaware’s new mail-in voting provision unconstitutional.
  • In an 87-page memorandum opinion issued Wednesday afternoon, Vice Chancellor Nathan Cook said allowing mail-in voting in the Nov. 8 general election “will result in the dilution of constitutional votes with unconstitutional votes.”
  • Cook issued an injunction that will prevent the Department of Elections from accepting applications for no-excuse absentee ballots.
  • “…if I were to not enjoin the Vote-by-Mail Statute, then the courts would be faced with the impossible task of ‘unscrambling the eggs’ of an election undermined by unconstitutional votes,” Cook wrote.
  • “Given these considerations, Plaintiffs will suffer irreparable injury if the Vote-by-Mail Statute is not enjoined and doing so is necessary in the interests of justice.”

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