The Supreme Court of Delaware ruled Friday that recently passed laws to facilitate the right to vote that allow universal voting by mail and the registration of voters until the very day of the elections are unconstitutional, when the elections are only one month away.
The ruling marks a victory for Republicans in that state who had spoken out against the legislation, according to Fox News.
The court found that those two rules conflict with the registration and absentee voter categories outlined in the Delaware constitution. And it upheld an earlier ruling by the state deputy chancellor, who rejected the mail-in ballot law, while overturning his defense of the Election Day registration law.
The court issued a basic ruling on Friday, promising a full opinion later.. He says that approach was taken because the election is just over a month away and because the Department of Elections is looking to mail ballots out to voters around Oct. 10, according to Delaware Public Media.
The ballot bills were passed in the closing days of the state’s recent General Assembly, which ended in June. Democratic lawmakers had previously tried to amend the state constitution but failed to secure the necessary support.
Delaware’s constitution allows absentee voting in certain situations, such as an inability to go to the polls due to public services, occupation, or disability. The Democratic attorney general had argued that voting by mail was not absentee voting. Meanwhile, Delaware’s constitution says registration can’t end less than 10 days before the election.
The court determined that Mail-In Voting Statute “Impermissibly Expands Absentee Voter Categories” and that the registration statute, which allows registration until election day, contradicts the limits placed on registration.
Republicans expressed satisfaction with the ruling. Jane Brady, chair of the state Republican Party and former attorney general, told Fox News Digital that she was “very pleased that the court upheld the language of the constitution.”
“This is a victory for the rule of law,” said Brady, who argued against the court changes. Brady also dismissed concerns that the ruling would restrict voting before next month’s general election.
A spokesman for Democratic Gov. John Carney said he was “disappointed” with the result.
Delaware Attorney General Kathy Jennings took aim at Republicans, accusing them of “showing us how far they’ll go to keep people from voting.”
Democratic leaders in the state legislature said the ruling shows the need for constitutional reform.