AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

Plain English Breakdown

The bill status indicates it passed the Senate on June 23, 2026, but the House action is missing from the provided source material.

HB301: New Rules for Violence on Election Day

This bill changes Delaware law to make violence, threats of violence at specific locations, or breaches of peace intended to stop elections into class G felonies.

What This Bill Does

• Updates the existing crime called 'breach of peace or violence on election day.'
• Makes it a class G felony to use violence or threaten violence at polling places, Department of Elections offices, or Board of Canvass meetings during elections or ballot counting.
• Makes it a class G felony to cause a breach of peace intended to stop, slow down, or interfere with the peaceful running of an election or the reading and counting of ballots.

Who It Names or Affects

• People who use violence or threats at polling places, Department of Elections offices, or Board of Canvass meetings.
• Anyone who causes a breach of peace intended to interfere with how an election is run or how ballots are counted.

Terms To Know

Class G felony

The new penalty for the crimes described in this bill, replacing previous fines and jail time limits.

Breach of peace

An action intended to stop, slow down, or interfere with the peaceful conduct of an election or counting ballots.

Board of Canvass

A group that meets during elections where violence or threats are now considered a class G felony if they occur there.

Limits and Unknowns

• The official text does not state the specific date this law will take effect.
• The provided status shows Senate passage but does not confirm final approval by the House of Representatives or signature by the Governor in these documents.
• The exact prison time and fine amounts for a class G felony are defined elsewhere in Delaware code, not listed here.

Official Summary Text

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.
This Act updates the existing crime of “breach of peace or violence on election day.” As rewritten, both of the following actions taken on election day or during the counting of ballots are class G felonies: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, or a meeting of the Board of Canvass; and (2) A breach of peace intended to impede, hinder, or interfere with the peaceful conduct of the election or reading and counting of ballots.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Lockman

Rep. Gorman; Sens. Sokola, Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 301

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 5138, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5138. Breach of peace or violence on election day; penalty.

(a)

Whoever

It is unlawful,

on any day of election or during the reading and counting of the votes cast

thereat causes any breach of the peace or uses

to engage in either of the following:

(1) The use of

any

violence or threats of violence

whereby any such election or reading and counting of ballots is impeded or hindered or whereby the lawful proceedings of election officers or challengers at such election are interfered with

at or near a polling place, a Department of Elections office, or a meeting of the Board of Canvass.

(2) A breach of peace intended to impede, hinder, or interfere with the peaceful conduct of the election or reading and counting of ballots.

(b)

shall be fined not more than $200

or imprisonment not more than 2 years, or both.

A violation of subsection (a) of this section is a class G felony.

SYNOPSIS

This Act updates the existing crime of “breach of peace or violence on election day.” As rewritten, both of the following actions taken on election day or during the counting of ballots are class G felonies: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, or a meeting of the Board of Canvass; and (2) A breach of peace intended to impede, hinder, or interfere with the peaceful conduct of the election or reading and counting of ballots.