Is mail-in voting unconstitutional? Chancery judge to decide

Delaware’s mail-in voting law was the subject of a four-hour-long hearing before the state’s Court of Chancery Wednesday.

Vice Chancellor Nathan Cook will now decide whether the new law violates the state Constitution by allowing voters to cast their ballots from a place other than their designated polling location without having an allowed excuse under the Constitution’s absentee voting provision.

During the hearing, Cook heard arguments on two similar lawsuits, both brought on behalf of several plaintiffs.

Delaware Republican Party chairwoman Jane Brady and Republican candidate for attorney general Julianne Murray are behind the suits.

Brady and Murray are representing the plaintiffs in their capacities as private attorneys — not on behalf of the Republican Party of Delaware.

Election Commissioner Anthony Albence and the Department of Elections are named as defendants in the lawsuits. Both are being represented by Zi-Xiang Shen, a deputy attorney general with the Delaware Department of Justice.