The Delaware Supreme Court will hear arguments Thursday in an appeal of a Chancery Court decision that voided the state’s vote by mail law.
The Chancery decision cited previous rulings in determining that the law was unconstitutional. However, the ruling suggested that the Supreme Court had reason to review the case.
The State of Delaware immediately filed an appeal.
The deadline for mailing out ballots is Oct. 10. Individuals can still vote via absentee ballot.
The General Assembly passed the law after Republicans blocked the second phase of a Constitutional Amendment that would authorize mail-in voting.
The September primary was allowed to go forward with mail-in voting with the Chancery decision coming shortly after the election took place.
Cited was the possibility of fraud and for what they viewed as the need to review voter rolls.
Preparations for mailing out ballots have continued, although the state Division of Elections is barred from mailing out ballots pending a court ruling.
Voting by mail is widespread in states with both Republican and Democratic-controlled legislatures..
However, Republicans have begun to oppose the voting method in recent years, with former President Trump claiming widespread fraud in his loss to former Vice President and U.S. Sen. Joe Biden.
Democrats have claimed that Republicans are using the fraud argument as an excuse for efforts to limit turnout in a state where the GOP is in the minority based on voter registration numbers.
