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HB440 • 2025

AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.

AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Harris
Last action
2026-05-21
Official status
House Administration 5/21/26
Effective date
Not listed

Plain English Breakdown

The official source material does not provide detailed information on the procedural steps after introduction and debate in the General Assembly.

Amending Delaware's Constitution for Referendum Voting

This act proposes changes to Article XVI of the Delaware Constitution, allowing the General Assembly to hold a referendum on constitutional amendments and requiring that such amendments address only one subject.

What This Bill Does

  • Proposes an amendment to allow the General Assembly to put proposed constitutional amendments to a public vote (referendum) instead of needing approval from the next session of the General Assembly.
  • Requires that any proposed constitutional amendment must deal with just one topic, as stated in its title.

Who It Names or Affects

  • The people of Delaware who vote on constitutional amendments.
  • Members of the Delaware General Assembly responsible for proposing and voting on constitutional changes.

Terms To Know

Constitutional amendment
A change to a state's constitution that needs special approval from voters or lawmakers.
Referendum
An election where citizens vote directly on a proposed law or constitutional change.

Limits and Unknowns

  • The bill must pass both the current and next General Assembly sessions to take effect.
  • It requires more than half of voters who cast ballots on an amendment for it to be approved by referendum.

Bill History

  1. 2026-05-21 Delaware General Assembly

    Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.
This Act is the first leg of an amendment to the Delaware Constitution to authorize the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly. This Act also provides that constitutional amendments must be limited to a single subject, expressed in the bill’s title, like other bills enacted by the General Assembly (Section 16 of Article II of the Delaware Constitution).

Because House Bill No. 320 of the 153rd General Assembly also proposes amendments to Section 1 of Article XVI of the Delaware Constitution, Sections 2 through 4 of this Act reconcile the interaction between House Bill No. 320 and this Act so that both this Act and House Bill No. 320 can both take effect if both are enacted by this and the next General Assembly.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Harris & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 440

AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article XVI of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1. Proposal

and concurrence

of Constitutional amendments

in General Assembly;

by General Assembly and concurrence by qualified electors or General Assembly;

procedure.

Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of all the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and such proposed amendment or amendments must be disseminated to the public not more than 120 days before the next general election and not less than 90 days before the next general election as provided for by an Act of the General Assembly; and if in the General Assembly next after the election such proposed amendment or amendments shall upon yea and nay vote be agreed to by two-thirds of all the members elected to each House, the same shall thereupon become part of the Constitution.

(a)(1) The General Assembly may propose an amendment or amendments to this Constitution by introducing the proposed amendment or amendments in the Senate or House of Representatives, passing the proposed amendment or amendments by the affirmative vote of two-thirds of all members elected to each House, and submitting the proposed amendment or amendments to this Constitution to the qualified electors of this State at the next general election for concurrence or, if the qualified electors do not concur by the required percentage of those voting on the amendment or amendments under paragraph (a)(6) of this Section, by concurrence of the General Assembly as provided under paragraph (a)(8) of this Section.

(2) The proposed amendment or amendments must include all of the following in the Act proposing the amendment or amendments:

a. The text of the proposed amendment or amendments.

b. The text of the question regarding the proposed amendment or amendments to be placed on the ballot for the qualified electors to answer at the next general election.

c. A concise explanatory statement about the proposed amendment or amendments to be provided to the qualified electors.

(3) As part of the legislative process in the enactment of the proposed amendment or amendments under this subsection and before submission to the qualified electors of this State at the next general election under this subsection, the following must occur:

a. The proposed amendment or amendments under this subsection must receive at least 1 public hearing in a standing committee in each House of the General Assembly at which public comment is allowed.

b. The proposed amendment or amendments under this subsection must be subject to an opportunity for debate on third reading in each House of the General Assembly, followed by a vote on the Act proposing the amendment or amendments in each House of the General Assembly. The proposed amendment or amendments may not be placed on an Agenda where a single vote results in the passage all of the legislation on that Agenda.

c. The proposed amendment or amendments under this subsection must be agreed to by two-thirds of all members elected to each House.

d. The proposed amendment or amendments under this subsection must be entered on the journal of each House, with the yeas and nays recorded.

(4) The General Assembly shall prescribe by law or rule, as applicable, all of the following:

a. The method and timing of the public notice, which must a voter guide that includes the concise explanatory statement under paragraph (a)(2)c. of this Section, regarding a proposed amendment or amendments that is required to be made to the qualified electors of this State before the general election.

b. The standards applicable to the creation of the question to be presented to the qualified electors of this State at the next general election and the creation of the concise explanatory statement to be provided to the qualified electors.

c. Any other procedure the General Assembly deems necessary to give effect to this subsection.

(5) The General Assembly shall notify the Department of Elections of the passage of the proposed amendment or amendments under this subsection to be placed on the ballot at the next general election, as follows:

a. If the proposed amendment or amendments under this subsection are proposed by the House of Representatives, the Chief Clerk of the House of Representatives shall provide the notice.

b. If the proposed amendment or amendments under this subsection are proposed by the Senate, the Secretary of the Senate shall provide the notice.

(6) Following the close of the polls on the day of the next general election, the Superior Court, as constituted under Section 6 of Article V, shall determine whether

at least 55% of the qualified electors casting a vote on the proposed amendment or amendments at the general election concur with the proposed amendment or amendments

.

(7) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment or amendments received the vote required under paragraph (a)(6) of this Section, the proposed amendment or amendments become part of this Constitution as provided under paragraph (a)(9) of this Section.

(8) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment or amendments did not receive the vote required under paragraph (a)(6) of this Section, the General Assembly next after the election may concur with the proposed amendment or amendments by an Act that meets the requirements under paragraph (a)(3) of this Section and, if so concurred, the proposed amendment or amendments become part of this Constitution as provided under paragraph (a)(9) of this Section.

(9) Unless the proposed amendment or amendments under this subsection provide for an enactment date, the proposed amendment or amendments become part of the Constitution as follows:

a. On the date of the affirmative determination made by the Superior Court under paragraph (a)(7) of this Section.

b. On the date of final passage of the Act of the General Assembly concurring in the proposed amendment or amendments under paragraph (a)(8) of this Section.

(10) Section 16 of Article II applies to an amendment or amendments to this Constitution under this subsection.

Section 2. Amend Article XVI of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1. Proposal

and concurrence

of Constitutional amendments

in General Assembly;

by General Assembly and concurrence by qualified electors of General Assembly;

procedure; exception for certain amendments.

(a)

(1)

Except as provided under subsection (b) of this Section,

an amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of all the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and such proposed amendment or amendments must be disseminated to the public not more than 120 days before the next general election and not less than 90 days before the next general election as provided for by an Act of the General Assembly; and if in the General Assembly next after the election such proposed amendment or amendments shall upon yea and nay vote be agreed to by two-thirds of all the members elected to each House, the same shall thereupon become part of the Constitution.

the General Assembly may propose an amendment or amendments to this Constitution by introducing the proposed amendment or amendments in the Senate or House of Representatives, passing the proposed amendment or amendments by the affirmative vote of two-thirds of all members elected to each House, and submitting the proposed amendment or amendments to this Constitution to the qualified electors of this State at the next general election for concurrence or, if the qualified electors do not concur by the required percentage of those voting on the amendment or amendments under paragraph (a)(6) of this Section, by concurrence of the General Assembly as provided under paragraph (a)(8) of this Section.

(2) The proposed amendment or amendments must include all of the following in the Act proposing the amendment or amendments:

a. The text of the proposed amendment or amendments.

b. The text of the question regarding the proposed amendment or amendments to be placed on the ballot for the qualified electors to answer at the next general election.

c. A concise explanatory statement about the proposed amendment or amendments to be provided to the qualified electors.

(3) As part of the legislative process in the enactment of the proposed amendment or amendments under this subsection and before submission to the qualified electors of this State at the next general election under this subsection, the following must occur:

a. The proposed amendment or amendments under this subsection must receive at least 1 public hearing in a standing committee in each House of the General Assembly at which public comment is allowed.

b. The proposed amendment or amendments under this subsection must be subject to an opportunity for debate on third reading in each House of the General Assembly, followed by a vote on the Act proposing the amendment or amendments in each House of the General Assembly. The proposed amendment or amendments may not be placed on an Agenda where a single vote results in the passage all of the legislation on that Agenda.

c. The proposed amendment or amendments under this subsection must be agreed to by two-thirds of all members elected to each House.

d. The proposed amendment or amendments under this subsection must be entered on the journal of each House, with the yeas and nays recorded.

(4) The General Assembly shall prescribe by law or rule, as applicable, all of the following:

a. The method and timing of the public notice, which must a voter guide that includes the concise explanatory statement under paragraph (a)(2)c. of this Section, regarding a proposed amendment or amendments that is required to be made to the qualified electors of this State before the general election.

b. The standards applicable to the creation of the question to be presented to the qualified electors of this State at the next general election and the creation of the concise explanatory statement to be provided to the qualified electors.

c. Any other procedure the General Assembly deems necessary to give effect to this subsection.

(5) The General Assembly shall notify the Department of Elections of the passage of the proposed amendment or amendments under this subsection to be placed on the ballot at the next general election, as follows:

a. If the proposed amendment or amendments under this subsection are proposed by the House of Representatives, the Chief Clerk of the House of Representatives shall provide the notice.

b. If the proposed amendment or amendments under this subsection are proposed by the Senate, the Secretary of the Senate shall provide the notice.

(6) Following the close of the polls on the day of the next general election, the Superior Court, as constituted under Section 6 of Article V, shall determine whether at least 55% of the qualified electors casting a vote on the proposed amendment or amendments at the general election concur with the proposed amendment or amendments.

(7) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment or amendments received the vote required under paragraph (a)(6) of this Section, the proposed amendment or amendments become part of this Constitution as provided under paragraph (a)(9) of this Section.

(8) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment or amendments did not receive the vote required under paragraph (a)(6) of this Section, the General Assembly next after the election may concur with the proposed amendment or amendments by an Act that meets the requirements under paragraph (a)(3) of this Section and, if so concurred, the proposed amendment or amendments become part of this Constitution as provided under paragraph (a)(9) of this Section.

(9) Unless the proposed amendment or amendments under this subsection provide for an enactment date, the proposed amendment or amendments become part of the Constitution as follows:

a. On the date of the affirmative determination made by the Superior Court under paragraph (a)(7) of this Section.

b. On the date of final passage of the Act of the General Assembly concurring in the proposed amendment or amendments under paragraph (a)(8) of this Section.

(10) Section 16 of Article II applies to an amendment or amendments to this Constitution under this subsection.

(b) On agreement by three-fourths of all the members elected to each House, a technical amendment to this Constitution may be enacted by the General Assembly and become part of this Constitution without complying with the requirements under subsection (a) of this

Section, including notice to the public between General Assemblies and agreement by the next General Assembly.

Section.

A technical amendment is one that does any of the following:

Section 3. If House Bill No. 320 of the 153

rd

General Assembly is enacted into law and the 154

th

General Assembly enacts an act concurring in the amendments proposed by House Bill No. 320 of the 153

rd

General Assembly, Section 2 of this Act becomes part of the Delaware Constitution one day after the act concurring in the amendments proposed by House Bill No. 320 of the 153

rd

General Assembly and Section 1 of this Act does not become part of the Delaware Constitution.

Section 4. If House Bill No. 320 of the 153rd General Assembly is not enacted into law, or if House Bill No. 320 of the 153

rd

General Assembly is enacted into law but the 154th General Assembly does not enact an act concurring in the amendments proposed by House Bill No. 320 of the 153rd General Assembly, Section 1 of this Act becomes part of the Delaware Constitution and Section 2 of this Act does not become part of the Delaware Constitution.

SYNOPSIS

This Act is the first leg of an amendment to the Delaware Constitution to authorize the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly. This Act also provides that constitutional amendments must be limited to a single subject, expressed in the bill’s title, like other bills enacted by the General Assembly (Section 16 of Article II of the Delaware Constitution).

Because House Bill No. 320 of the 153rd General Assembly also proposes amendments to Section 1 of Article XVI of the Delaware Constitution, Sections 2 through 4 of this Act reconcile the interaction between House Bill No. 320 and this Act so that both this Act and House Bill No. 320 can both take effect if both are enacted by this and the next General Assembly.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.