The Delaware Supreme Court has ruled the state’s vote-by-mail and same-day voter registration laws as unconstitutional.

Following oral arguments Thursday, the Supreme Court affirmed the Court of Chancery’s ruling regarding the state’s vote-by-mail law while reversing the Court of Chancery’s ruling regarding the state’s same-day voter registration law.

According to the Delaware Supreme Court opinion, the vote-by-mail statute “impermissibly expands the categories of absentee voters” under Article V, Section 4A of the Delaware Constitution and therefore affirmed the statute’s unconstitutionality.

In regard to the state’s same-day voter registration law, the Delaware Supreme Court ruled the statute “conflicts with the provisions” set forth by Article 5, Section 4 of the Delaware Constitution and reversed the Court of Chancery’s decision that the law did not violate the Delaware Constitution.

Delawareans will not be able to utilize either method in the upcoming general election on Nov. 8. The Delaware Supreme Court is set to release a formal opinion fully explaining their decisions “in due course.”

Following the Delaware Supreme Court’s verdict, Julianne Murray, who represented the plaintiffs in the vote-by-mail lawsuit, offered her reaction to the decision to the Delaware State News. She was “delighted the Delaware Supreme Court followed our history and the Delaware Constitution,” and after oral arguments, she felt the plaintiffs were on “solid constitutional ground” in challenging the vote-by-mail statute.

Ms. Murray, who is the Republican nominee for Delaware Attorney General in the upcoming general election, said during the legal process, there was a “little bit of doubt,” because of rulings in nearby states. High courts in Pennsylvania and Massachusetts recently upheld their vote-by-mail laws, which caused a degree of concern for Ms. Murray because Pennsylvania and Delaware have similar constitutions.

During Thursday’s oral arguments, Ms. Murray went through a timeline of the history of absentee ballot voting in the state. She noted that every time absentee ballot voting was expanded, a constitutional amendment was required. Ms. Murray told the Delaware State News she was confident in her argument that “implied limitation” on absentee ballot voting was only implied up until it was expressed by law.

“I know I felt solid that history was on our side,” Ms. Murray said.

Lawmakers’ reaction
After vote-by-mail and same-day registration were deemed unconstitutional by the Delaware Supreme Court, House Minority Leader Danny Short, R-Seaford, said the decision was something House Republicans felt would be the “ultimate decision,” and that their argument against the laws during their consideration on the House floor “were right on target.”

“We're not really talking about an issue of what would be the best way for the citizens of the state to vote; what we're talking about is the way that some folks think you can change the Delaware Constitution by simply introducing a bill and having a simple majority vote,” Rep. Short told the Delaware State News.

In a joint statement on Friday afternoon, Speaker of the House Pete Schwartzkopf, D-Rehoboth Beach, and House Majority Leader Valerie Longhurst, D-Bear, offered their thoughts regarding the Court’s decision.

“Today’s Delaware Supreme Court decision is deeply disappointing to us and all voting rights advocates out there. At a time when voting rights across the nation are under attack, Delaware has repeatedly attempted to be a positive example of how to enfranchise residents and make it easier and more convenient for them to exercise their constitutionally protected right to vote,” Rep. Longhurst and Rep. Schwartzkopf said.

“Unfortunately, the Supreme Court’s decision reinforces that our previous efforts to amend Delaware’s Constitution for voting is more important now than ever. Democrats have steadfastly supported these attempts, which would ultimately improve access and opportunities for all voters, and we will continue to push for these critical changes to our electoral laws. We will review the Supreme Court’s full decision once it is available and chart our path forward.”

Senate Minority Leader Gerald Hocker, R-Ocean View, and Senate Minority Whip Brian Pettyjohn, R-Georgetown, also released a joint statement following the Delaware Supreme Court’s decision.

“As Republicans in the Delaware General Assembly correctly argued during the floor debates for (Senate Bill 320) and (House Bill 25,) both bills violated the Delaware Constitution. The sponsors and Democrats ignored our concerns, dismissed expert legal testimony, and passed both pieces of legislation anyway. Today, however, the rule of law prevailed,” Sen. Hocker and Sen. Pettyjohn said. “We thank the Delaware Supreme Court justices for the expedited process and their unanimous decision.”

Additional reaction
While the lawsuits regarding the state’s vote-by-mail and same-day registration laws were later consolidated, the representation one of the plaintiffs, election worker Michael Mennella, called the decision a “win for the rule of law.” Mr. Mennella was a client of the Public Interest Legal Foundation, whose president offered a statement regarding the decision.

“This is a win for the rule of law in Delaware’s Elections,” said President J. Christian Adams. “This law violated the plain text of the Delaware Constitution that provides specific reasons people are allowed to cast absentee ballots and when voter registration can take place. If Delaware lawmakers want to have mail-in voting, they need to pass a constitutional amendment.”

Dr. Claire Snyder-Hall is the Executive Director for Common Cause Delaware, a pro-democracy non-profit organization, and she too expressed her disappointment with the ruling.

“Our democracy is strongest when voters can easily make our voices heard at the ballot box. Today’s ruling to restrict our rights is a devastating setback for the freedom to vote in Delaware. Those pushing for this decision are just trying to cause confusion and chaos to suppress our votes. Vote by Mail is an increasingly popular way to cast a ballot because it is safe, secure, and accessible for voters of all parties and backgrounds. Delawareans deserve to have the same options to vote as those in nearby states like Massachusetts and Pennsylvania with Vote by Mail,” Dr. Snyder-Hall said.

“We believe Same-Day Registration ensures every eligible voter can cast a ballot in a fair, accessible, and secure way, and it allows people to update their records after they move. Delaware voters should not face unnecessary barriers, like deadlines that are over three weeks prior to Election Day.”

She continued: “No Supreme Court decision will stop us from getting out the vote and educating voters about how to cast a ballot this year. We will continue our fight to expand the right to vote and ensure as many eligible voters as possible can participate in our democracy this November.”

What’s next?
In a Sept. 15 interview following the Court of Chancery’s Sept. 14 ruling that vote-by-mail was unconstitutional, the bill’s sponsor Sen. Kyle Evans Gay, D-Talleyville, said she had a “strong belief” in the bill. Sen. Gay said regardless of the Court’s decision, she would continue to make voting access a priority.

“If I'm returned to the General Assembly, I will continue to fight for access to the ballot box, whether it is automatic voter registration, supporting my colleagues’ initiatives on same day registration; these are all safe and secure ways to ensure that everyone has a fair opportunity to vote and I think those policies will continue to be top of mind when we return to Dover,” Sen. Gay said.

The Delaware Supreme Court ruling means that future attempts at passing same-day voter registration and vote-by-mail laws will require a constitutional amendment. A constitutional amendment requires a two-thirds majority vote by two consecutive General Assemblies.

This is a breaking news story. Check back for updates.