Media Contact

Morgan Kelly
Communications Director

September 15, 2022

Late Wednesday, September 14, 2022, Vice Chancellor Nathan Cook of Delaware's Chancery Court released his opinion on the legal challenge to Delaware's new vote-by-mail law, ruling that the law is unconstitutional, but leaving the door open for an appeal on this ruling to head to the Delaware Supreme Court for consideration.

The impact of this ruling has no bearing on the September 13, 2022 Primary Election, and does not affect same-day registration or in-person early voting. We will continue to monitor this ongoing litigation and ensure that Delaware voters are aware of the methods of voting available to them for the 2022 General Election on Tuesday, November 8, 2022.

Statements from the ACLU of Delaware and the Delaware Voting Rights Coalition are below.


“We firmly believe that voting by mail is constitutional, and that the General Assembly has the authority to prescribe the methods that Delawareans can use to vote. Our belief remains the same today, and we hope the Supreme Court of 2022 will uphold Delawareans’ right to vote by mail.

We want Delawareans to know that the Court’s decision has no impact on early in-person voting and same-day registration, and voters should make a plan to vote in the General Election with full confidence in those new voting laws, as well as absentee and in-person voting. As more court actions continue in this case, we are committed to informing voters about the availability of vote-by-mail in the upcoming general election.

This attack on voting rights by opponents of democracy is part of a larger national effort to prevent Americans from participating in our elections. ACLU of Delaware will continue to fight to make vote-by-mail available to Delaware voters in the 2022 General Election and every election after that.”

This statement is attributable to Dwayne J. Bensing, Legal Director, ACLU of Delaware (ACLU-DE)


“We are profoundly disappointed that the Chancery Court has ruled that Delaware’s vote-by-mail law statute is unconstitutional. We will continue to monitor this matter as it proceeds through appeals and further litigation so we can keep voters informed on all voting opportunities available.

With the General Election looming, we want voters in Delaware to know: This decision has no effect on early in-person voting or same-day registration, and you should continue to utilize all the voting options that are available to you. We further anticipate a final decision by the Supreme Court in time to know whether mail ballots may be sent on October 10, 2022. 

Whatever comes next, the Delaware Voting Rights Coalition will continue our public education efforts to ensure that voters understand all the options available to them as they head to the polls.”

This statement is attributable to the Delaware Voting Rights Coalition (DVRC).

More information about DVRC