Delaware judge allows mail in voting to continue

DOVER – A Delaware judge on Monday halted implementation of a ruling he issued last week declaring a vote-by-mail law enacted this year is unconstitutional and that voters cannot mail in their ballots in the upcoming November election.

Vice Chancellor Nathan Cook granted a motion by the Department of Elections and Election Commissioner Anthony Albence to stay his ruling pending an expedited appeal to the state Supreme Court, which is scheduled to hear arguments in the case on Oct. 5.

Cook said his stay would allow elections officials to process mail-in voting applications and prepare ballots, but that they are not allowed to send the ballots to voters.

The judge said elections officials have indicated that if the Supreme Court upholds his ruling, they will notify voters who have applied for mail-in ballots under the new law that they will need to vote in person on Nov. 8.

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