A court in President Joe Biden’s home state has ruled that a state law allowing 10 days of early voting and permanent absentee voting violates the Delaware Constitution.
After taking office in 2021, Biden has regularly used “Jim Crow 2.0” or “Jim Eagle” rhetoric against Georgia and other states for requiring voter ID for mail-in voting. I planted a bomb. However, he is allowed three weeks of early voting in Georgia.
In a 25-page opinion, Delaware Superior Court Judge Mark H. Connor ruled that “the General Assembly statute challenged today violates our Constitution and therefore cannot stand.” .
Article 5, Section 1 of the Delaware Constitution provides that “a general election shall be held once every two years on the Tuesday following the first Monday in November.” Delaware’s early voting law, enacted in 2019, allows in-person voting up to 10 days before an election.
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Article 5, Section 1 of the Delaware Constitution provides that “a general election shall be held once every two years on the Tuesday following the first Monday in November.” (Paul L. Richards)
“It is clear that there is a contradiction between these two sentences,” the judge wrote. “Our Constitution lists the days on which elections are held every two years, and early voting laws allow voters to vote at least 10 days in advance.”
The Delaware State Board of Elections argued that the phrase “election will be held” refers to the last day that voting is possible.
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The plaintiffs in the lawsuit were Delaware State Sen. Gerald Hocker (R) and Michael Mennella, a Delaware resident and election supervisor for the Delaware Department of Elections. Mr. Mennella represented the Public Interest Law Foundation, an election watchdog group based in northern Virginia.
“This shows that each state has to follow its own constitution,” J. Christian Adams, president of the Public Interest Law Foundation, told FOX News Digital.
Delaware is President Joe Biden’s home state. (Mandel Mugan)
He noted that this came just days after the New York State Court of Appeals ruled that New York City’s law allowing noncitizens to vote in municipal elections violates the state constitution.
Asked about Biden’s comments about other states, including Georgia, Adams said there was sarcasm.
“The irony is that he never served in the Delaware General Assembly, which passed these laws,” Adams said. “But if you want to talk about state voting, you might want to focus your energy on Delaware.”
According to the National Conference of State Legislatures, 46 states and the District of Columbia currently allow early voting. That number includes Delaware, which may appeal the decision.
Neither the Delaware State Board of Elections nor the state attorney general’s office responded to inquiries from Fox News Digital about whether they planned to appeal this article. Adams said he was unaware of the state’s plan.
The New York State Court of Appeals recently ruled that a New York City law allowing noncitizens to vote in municipal elections violates the state constitution. (Andrew Lichtenstein)
This marks Menera and the Legal Foundation’s second victory against Delaware in less than two years. In December 2022, the Delaware Supreme Court ruled in favor of Menella, who challenged the constitutionality of the state’s mail-in voting law and same-day voter registration law.
A lower court judge also ruled Friday that a provision of the Early Voting Act that allows registered voters to obtain permanent absentee voting status is unconstitutional under Article 5, Section 4A. This provision was added to the state constitution in 1943 and provides conditions for when a voter is “unable to appear” to vote in person because he or she is away from home or has an illness or disability. This will also be determined at each election.
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The justices ruled that “granting unlimited absentee voting to people who cannot vote in a single election exceeds the limited authority the Constitution gives the General Assembly.”
