Murray Files Suit Challenging Vote By Mail Statute

On Friday, July 22, 2022, Julianne E. Murray, Esquire, filed suit in the Court of Chancery for the State of Delaware on behalf of three Delaware citizens seeking a permanent injunction and  a declaratory judgment that the newly-signed vote by mail statute (“SB320”) is unconstitutional  under the Delaware Constitution. The suit seeks expedited processing. 

SB 320 creates permanent, no-excuse, vote by mail. The Delaware Constitution provides  for a very limited list of excuses for not voting in person in a general election. The lawsuit argues  that the Delaware Constitution must be amended if the General Assembly wishes to expand the  list of excuses and that such a change cannot be done by statute. 

“We have been waiting since June 30 for the Governor to sign this bill so that we could file  suit,” said Murray. “During the floor debates in both houses, members of the General Assembly  said that, despite testimony that the statute is unconstitutional, they were going to pass the law and  let it be sorted out in the courts. So be it. We filed within approximately two hours of the  Governor’s signature – we want to get before the Court as quickly as possible,” continued Murray. 

The plaintiffs are all registered voters in Delaware: a Republican, a Democrat and an  Unaffiliated. In addition, one is from New Castle County, one from Kent County and one from  Sussex County. “This is significant because the suit is being filed for all Delawareans and is not  intended to be one political party against the other political party. At the end of the day this affects  everyone in Delaware regardless of their political persuasion. It is important to defend the  Delaware Constitution,” stated Murray. 

“This lawsuit is not an attack on vote by mail. If the General Assembly wants permanent,  no-excuse vote by mail, they should amend the constitution” stated Plaintiff Nick Miles. “People  are going to try to make this a partisan issue and it is really nonpartisan. This is not about the  virtues or flaws of vote by mail. This is about following the proper procedure. The General  Assembly didn’t have the votes to amend the constitution properly so they are attempting to work  around that process by passing this statute. The work around is the issue and is what we should  be talking about,” continued Miles.

Source: Murray