State GOP suit claims mail-in voting is unconstitutional


The Delaware Republican Party filed a lawsuit in Chancery Court challenging Delaware’s vote by mail statute.

Similar suits are being filed around the nation, with President Trump claiming the practice is subject to voter fraud.

The GOP contends that the statute violates Delaware’s Constitution, which provides that a voter must vote in person or, for limited reasons, by absentee ballot.

The party had hinted at a lawsuit after the General Assembly passed the law allowing mail-in voting, due to Covid-19

“We want anyone who believes their health would be adversely affected if they voted in person, to vote absentee”, said Jane Brady, chair of the Republican Party. “But we believe the vote by mail statute passed by the General Assembly is not constitutional in Delaware, and that the system is more subject to fraud than absentee ballots or voting in person.”

According to a release, the Presidential Primary, and for the State Primary on September 15, the Department of Elections mailed every registered Republican or Democrat voter on the voter list an application to vote remotely. Several, significant problems were noted with the implementation.

First, many individuals who no longer reside in Delaware or at the address on file with the Department of Elections received an application. Second, some individuals received applications properly addressed to them at their address, but the application inside the envelope was for a different individual, who did not reside at their address. Finally, many individuals who thought they voted did not have their vote counted, the release claimed.

“This vote by mail statute is not only unconstitutional and unnecessary, it is flawed, and has served to disenfranchise voters, not make it easier for them to vote” said Brady.

The state Department of Elections says mechanisms are in place to make certain that illegal voting is not taking place.

Gov. John Carney noted that the vote by mail legislation had bipartisan support, especially in the State Senate.

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