https://www.washingtontimes.com/news/2022/dec/26/2022-year-of-victories-for-election-integrity/
The 2022 elections are over, and we can all breathe a sigh of relief that they largely followed the rule of law. Compared with the COVID-19-infected 2020 elections, 2022 was a breeze. Americans woke up to the vulnerabilities in election administration and sought improvements.
After 2020, smart states passed reforms to strengthen election security. Court victories also bolstered the rule of law in elections.
A big win for the rule of law occurred in Delaware. The Public Interest Legal Foundation, of which I am president, blocked the Department of Elections from enforcing mail voting and same-day voter registration.
Mail-in voting and same-day registration conflicted with the Delaware Constitution. The state constitution allows absentee voting only in certain enumerated circumstances, such as being ill. The Delaware Constitution also provides reasonable registration procedures, not walk-up no-verification voting on Election Day.
In legislative debate, Delaware Speaker of the House Peter Schwartzkopf quipped, “I don’t know whether [the law’s] constitutional or not constitutional, and neither do you guys or anybody else in here.” No kidding.
He went further: “The best way to get this thing done is to hear this bill, move forward, and let a challenge go to the courts and let them decide it.”
Decide they did.
Days before ballots were mailed, the Delaware Supreme Court ruled that both laws were unconstitutional. This ruling effectively stopped a lawless election in Delaware.