Democrat-passed laws authorizing a 10-day voting season and permanent absentee voting status violate the Delaware Constitution, a state court ruled on Friday.
Writing for the Superior Court of the State of Delaware, Judge Mark Conner determined that legislation enabling early and “permanent absentee” voting in Delaware elections does not comport with the state’s founding document. The lawsuit challenging the statutes in question was brought by the Public Interest Legal Foundation (PILF) on behalf of Michael Mennella, an inspector of elections for the Delaware Department of Elections. State Election Commissioner Anthony Albence and the Delaware Department of Elections are defendants in the case.

More specifically, he highlighted how the 10-day early voting period illegally circumvents Article V, Section 1 of the Delaware Constitution, which mandates voters cast ballots on “the Tuesday next after the first Monday in … November.” Meanwhile, Democrats’ permanent absentee voting statute is inconsistent with the constitution’s required qualifications for absentee voting, Conner ruled.

“States cannot pass election laws that conflict with their state constitution,” PILF President J. Christian Adams said in a statement. “This decision is a win for the rule of law.”

Source: thefederalist.com