It’s not often these days that we can claim a court victory for the rule of law when it comes to our elections. But today, we can enjoy one little victory as a court in Delaware has struck down as unconstitutional vote by mail.
This July, Delaware Governor John Carney signed a law allowing mail-in voting for any reason. This mail-in voting law violated the Delaware Constitution.
Mail voting creates vulnerabilities in our elections. It might be why the Delaware constitution wanted elections to take place largely in person.
These days, what does a constitution matter when there are bigger issues at stake? And so Delaware lawmakers passed a comprehensive vote by mail law even though they were aware of the constitutional limits on mail voting in President Biden’s home state.
The awareness of the unconstitutionality of mail voting was depressing.
The Delaware Speaker of the House even said at the time about the push to voting by mail, “I don’t know whether it’s constitutional or not constitutional, and neither do you guys or anybody else in here. The best way to get this thing done is to hear this bill, move forward, and let a challenge go to the courts and let them decide it.”
This week, the courts obliged, and declared vote by mail unconstitutional.
Following the passage of the law, the Public Interest Legal Foundation, of which I am the President, immediately filed a lawsuit challenging the constitutionality of the law.
The Delaware Constitution has a specific list of reasons a person qualifies for an absentee ballot. The newly enacted mail-in voting law allowed anyone to vote by mail who completes a handwritten or electronic application requesting a mail ballot. This law illegally flew in the face of the specific reasons a person is allowed to vote by mail listed in the state Constitution.
On Wednesday, a court issued a ruling declaring the mail balloting law does violate Delaware’s Constitution. It’s plain and simple. Delaware’s Constitution does not allow mass vote by mail.
Our elections must follow the law. States cannot pass election laws that violate their own constitutions.
This court ruling was a victory for the rule of law in Delaware’s elections. This is a landmark win to return to the rule of law in elections. In 2020, elections across the country were operating like the wild west with rules being suspended and last-minute changes. The chaos we saw in the 2020 election was largely driven by election officials suspending laws. You cannot change the rules in the middle of the game. This court ruling illustrates that we are returning our elections to follow constitutional order.
When we don’t have the rule of law in elections, it leads to distrust in our elections.
The rule of law is essential to election integrity. Elections need to be conducted by the book, so the American people can trust the results. When elections follow the rule of law, the losers and their supporters can except the results.
We can all agree that we want our elections to conducted in accordance of the law. This is not a partisan issue.
We all need to hold election officials accountable and ensure that election laws are being followed and enforced.
Christian Adams is the President of the Public Interest Legal Foundation, a former Justice Department attorney, and current commissioner on the United States Commission for Civil Rights.
“We can all agree that we want our elections to conducted in accordance of the law. This is not a partisan issue.” I don’t think that’s true. We have a political party that’s been engaging in election fraud for over a century. It’s submission of votes cast by the deceased is the stuff of jokes by comedians that everyone gets. I once heard a woman speak who said she had worked for political campaigns of both Republicans and Democrats. She said that the conversations in Republican campaigns were about how to comply with the election laws while those in Democratic campaigns were about how to evade them.
These days, ANY good news is welcomed.
J. R. Whitley says
The U. S. NEEDS a BI-PARTISAN election system design that provides confidence in our election system. Such a design would be 100% AUDITABLE and incorporate 1. voter qualification and verification, 2. ballot authentication and 3. timely vote tallies.
1. To keep roles purged of ‘dead voters’, require re-registration every two years, like auto tags.
2. Mail-in ballots only on voter request and voter must be registered to receive ballot
3. All ballots printed with serial numbers, just like one dollar bills. Last national election cost about $90+ per vote, nationally. Recording of serial numbers at time of vote but independent of vote could identify attempts to re-use ballots or submit counterfeit ballots.
4. Voter ID and NO BALLOT HARVESTING. Ballot must go directly from ID’ed voter into election system.
5. ALL votes must be counted within 24 hours of election day.
Walter Sieruk says
That Joe Biden/Kamala Harris administration came into being because a stolen national election by massive voter fraud and rigged voting machines.
This treachery and blatant travesty of a national rigged election is an is a terrible affront and violation to and affront to the Law of the US Constitution the American spirit of a true and honest and real Presidential election system.
Let’s not be hopefully unrealistic and naive 2016 was the last genuine national American election this nation will ever have this coming Biden/Harris administration has the total essence of the Red/ Green alliance in it and backing it and is most un-American, treacherous, subversive and even treasonous to the Constitutional Government of the United States of America.
Now after that hoax of an election that reeks of the corruption of voter fraud, which no doubt Biden had his sinister hand in with his scheme to make himself President.
Therefore, it’s now better and more appropriate to keyboard that to keyboard the message that “Joe Biden doesn’t belong in the White House, he belongs in prison.”
Ted Weiland says
RULE OF LAW!?!
According to Isaiah 33:22 & James 4:12, there’s Only One lawgiver. Thus, only the Lawgiver’s law is true law. In turn, only the Lawgiver’s law constitutes the rule of law.
According to Lawgiver, today’s Constitutional Republic’s unbiblical election system violates the rule of law. Thus, there was no victory for the rule of law in today’s elections.
For more, see blog article “Constitutional Elections: Dining at the ‘Devil’s Table'” at Bible versus Constitution dot org. Search title on our Blog.
Then Chapter 4 “Article 2: Legislative Usurpation” of free online book “Bible Law vs. the United States Constitution: The Christian Perspective.” Click on the top entry on our Online Book page and scroll down to Chapter 4.
Ugly Sid says
Thank you for this. I hope you and yours escape repercussions from Leftist law fare attackers.