This order from the Delaware Supreme Court affirms in part and reverses in part an earlier Court of Chancery decision resolving the constitutionality of the two statutes. The Court of Chancery found that the Delaware General Assembly, in adopting same day voter registration, did not violate Article V, Section 4 of the state constitution, which required “at least” two registration days. The court found that the state constitution established a floor, and not ceiling on voter registration days, a sentiment with which the state supreme court disagreed.

However, the Court of Chancery struck down the statute permitting no excuse mail-in voting. In a holding affirmed by the Delaware Supreme Court, the court argued that the circumstances for absentee voting enumerated in the state constitution are exhaustive. The state legislature is not permitted to expand the list of circumstances in which vote by mail is permitted.

A full opinion from the Delaware Supreme Court is forthcoming. A statement from Common Cause Delaware is here.