Chancery strikes down vote by mail


Delaware Chancery Court struck down the state’s vote by mail law, citing a conflict with the state Constitution.

Chancery did uphold same-day voring registration in Delaware.

“As I describe in this opinion, were I to construe the relevant constitutional sections and statutes on a blank slate, I would likely conclude that the plain text of the constitution, coupled with the strong presumptions in favor of constitutionality of legislative acts, lead me to a different result. But, in light of applicable and controlling precedent, I must find that the Vote-by-Mail Statute is unconstitutional for purposes of the general election,” Vice Chancellor Nathan Cook wrote in his ruling.

The decision is certain to anger Democratic voters who saw the measure as an attempt by Republicans to hold down turnout. Republicans claimed that vote by mail, increases the chances of fraud.

Delaware Democratic legislators were unsuccessful in their attempt to amend the Constitution after their GOP counterparts blocked the two-thirds margin required in two sessions.


Vote by mail has been used by a number of states with Republican and Democratic majority and had support from both parties. The situation began to change and became a major issue in the 2020 presidential election with Donald Trump claiming mail-in voting led to massive fraud that deprived him of a second term.

Chancery Court had earlier allowed vote by mail during the 2020 election, due to the Covid-19 pandemic.

The court also allowed vote by mail to go forward during Tuesday’s primary election.

Click here for the text of the decision.