Arguments heard regarding mail-in voting lawsuit

Arguments in a lawsuit filed by the Republican State Committee challenging the constitutionality of mail-in voting were heard Sept. 24, and a decision is expected by close of the day Monday, Sept. 28.

“The twist here is can they do it, not just if they have properly done it,” said Chancery Court Vice Chancellor Samuel Glasscock III, about legislation passed in June that allows mail-in voting for the 2020 elections.

The GOP and two citizens filed the lawsuit Aug. 20, asserting that Delaware's mail-in voting process violates the state constitution and should not be allowed in the 2020 primary and general elections.

Arguing the case for the Republicans, attorney Julia Klein said mail-in voting will result in votes that won't be counted, and therefore will disenfranchise voters.

“There is precedent for this act that even if no harm has yet occurred, if you have a grievance that is widely held, then you have standing to pursue a remedy in court,” said Klein, who later offered that she is a die-hard liberal and has no political motivation regarding the lawsuit.

Arguing for the state, Attorney General Kathleen Jennings said only 5 percent of the mail-in votes for the presidential primary election were spoiled. After the state primary, she said, about 1 percent were rejected because they were received after the election night deadline.

She said Delaware's Constitution allows the state Legislature to take action during times of disease to protect the health and welfare of citizens. House Bill 346 expires in January 2021, but is needed now to allow people to vote since COVID-19 remains a health threat, she said.

“They do not want to risk their health, but they do want to vote,” Jennings said.

Glasscock said he plans to file a written decision by the end of the business day Monday, Sept. 28, so time remains for plaintiffs to appeal to Delaware Supreme Court if they choose.