Ruling nixing vote-by-mail in Delaware on hold during appeal

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

A worker processes mail-in ballots

In this May 27, 2020 file photo, a worker processes mail ballots at the Bucks County Board of Elections office prior to the primary election in Doylestown, Pa. (AP Photo/Matt Slocum)

A state judge has halted implementation of a ruling he issued last week declaring Delaware’s new vote-by-mail law is unconstitutional and that voters cannot mail in their ballots in the upcoming November election.

Vice Chancellor Nathan Cook on Monday granted a motion by elections officials to stay his ruling pending an expedited appeal to the Delaware Supreme Court.

The Supreme Court is scheduled to hear arguments in the case on Oct. 5.

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

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