The Delaware Republican Party today filed a lawsuit in the Court of Chancery challenging Delaware’s vote by mail statute.
The Party contends that the statute violates Delaware’s Constitution, which provides that a voter must vote in person or, for limited reasons, by absentee ballot. “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.”
In 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.
“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.
to enjoin the Department of Elections from implementing House Bill 346,
which provides for vote-by-mail in Delaware.
This statute is both unconstitutional and unnecessary.
Delaware's Constitution, which only applies to the general election
and not to primary elections according to Supreme Court decision,
allows for absentee voting for certain specific reasons, including concerns about health.
If an individual believes that their health would be adversely affected by voting in person,
they are able, and we would encourage them, to vote remotely.
The absentee ballot system in Delaware has been in effect for decades,
and there have been no instances of fraud or calls for concern about the integrity of any election.
There are no other provisions in Delaware's Constitution regarding voting,
except voting in person, on Election Day, or by absentee.
Vote-by-mail has a terrible history replete with fraud in states that have adopted that system.
Delaware need not experience the corruption associated with that fraud.
Everyone who is entitled to vote should have their vote count equally,
and no one's vote should be diluted by fraud.
The Delaware Constitution was amended a few years ago
to allow for the General Assembly to pass laws that violated statute and constitutional provisions,
if necessary to continue the operations of the government.
The legislature relied on that provision in adopting House Bill 346.
But in fact, there is no need for any changes to Delaware's law relating to elections
to provide for the continuity of government operations.
The General Assembly did not prohibit or cancel voting in person.
They merely added another means of voting.
And further, the Department of Elections stated in the hearings on the Bill 346
that they would have all polling places open for the people to vote in person in the general election.
Clearly, no government operation is to be discontinued.
Not only is the law unconstitutional and unnecessary, it is being poorly implemented.
To the detriment of voters, the Department of Elections has sent ballot applications
to individuals at addresses that are no longer theirs.
We have heard from many individuals who received ballot applications
for people who lived at their address before they did,
and even before the people who lived there before they did.
Further, a mechanical glitch recently caused people to get an envelope
properly addressed to them and mailed to their home
that had an application for a ballot with another person's name
already printed on it by the Department inside.
Finally, and most sadly, some people who thought they voted were disenfranchised.
Over 3,000 voters in the presidential primary alone, Republican and Democrat.
If that same percentage of votes is rejected in the general election,
there will be many more thousands of voters who thought they voted but their votes did not count.
Delaware is a small and proud state that has a history of doing things right.
That includes allowing anyone who has a health concern about voting in person to vote absentee.
We should continue that tradition and follow the law and the Constitution
and eliminate vote by mail.
I'm glad to take any questions.
