'Lawmakers should read their own constitution before passing election laws'

A 2020 presidential ballot featuring President Donald J. Trump against Joe Biden (Photo by Joe Kovacs)
A 2020 presidential ballot featuring President Donald J. Trump against Joe Biden (Photo by Joe Kovacs)

A new lawsuit has been filed by the Public Interest Legal Foundation against the newly passed law in Delaware that allows mail-in voting and same-day registration.

The law is being challenged because it conflicts with the requirements in the state’s constitution. And it comes in light of the results of the 2020 presidential race in which there have been documented literally dozens of suspicious circumstances and results that experts say could have changed the outcome.

The new law creates an impossible situation for plaintiff Michael Mennella, an inspector of elections for the Delaware Department of Elections.

He’s being forced to choose whether to enforce the state law – or the state constitution.

“These mail balloting and same day registration laws conflict with the Delaware Constitution,” explained J. Christian Adams, the chief of the PILF. “States cannot pass laws that conflict with their constitutions.

“It’s egregious that inspectors of elections are forced to choose between obeying the same day registration law or following the state constitution. Delaware lawmakers should read their own constitution before passing election laws.”

The foundation pointed out it filed a lawsuit earlier this year in Delaware over the state’s “early and absentee” voting laws – which also violate the state constitution.

In the new case, the plaintiffs are Michael Higgin and Michael Mennella, and the defendants are Election Commissioner Anthony J. Albence and the state department of elections.

The problem, according to the complaint, is that the laws “expand the administration of the general election beyond its constitutionally designated day…”

“When a Delaware statute conflicts with the Constitution of Delaware, the Constitution controls,” the complaint notes.

“Each of these laws [is] in derogation not only of the plain language of the Delaware Constitution but also of the intent of its terms which require the general assembly to enact voting laws ‘so as best to secure secrecy and the independence of the voter, preserve the freedom and purity of elections and prevent fraud, corruption and intimidation…” the complaint charges.

The plain facts are that the Delaware Constitution “requires the general election to be held on one specific day.”

That would be, “on the Tuesday next after the first Monday in the month of November of the year in which they are to be held, and be by ballot.”

Absentee balloting is allowed but only under very strict circumstances.

The complaint charges, “Delaware’s new vote by mail law enacts a de facto general absentee voting system, which is prohibited by [the constitution.]”

The case seeks a court order preventing the new laws from being enforced.

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