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

Plain English Breakdown

The official source does not provide specific details about exact penalties or enforcement dates, leaving these points uncertain.

Updating Election Day Violence Laws

This act changes Delaware's laws about violent behavior during elections by making certain actions felonies.

What This Bill Does

• Changes the law to make using violence or threatening violence near polling places, election offices, or board meetings a felony on election day and during ballot counting.
• Updates penalties for causing disturbances that stop or delay an election or ballot counting.

Who It Names or Affects

• People who commit violent acts near polling places or during elections in Delaware.
• Election officials, voters, and challengers at polling stations.

Terms To Know

Felony

A serious crime that can lead to a prison sentence of more than one year.

Polling place

The location where people go to vote on election day.

Limits and Unknowns

• Does not specify the exact penalties for these felonies, only that they are class G felonies.
• It is unclear when this act will become law and start being enforced.

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.