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.

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