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.”