HS1FORHB301 • 2025

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

Crime Elections

Passed Legislature

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

Sponsor: Morrison
Last action: 2026-04-15
Official status: Out of Committee 4/15/26
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

What This Bill Does

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.
House Substitute No.
1 for House Bill No.
301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Morrison

Passed 3/26/26

Plain English: Legislation Document SPONSOR: Rep.

Legislation Document SPONSOR: Rep.
Morrison HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1 TO HOUSE SUBSTITUTE NO.
1 FOR HOUSE BILL NO.

Bill History

2026-04-15 Delaware General Assembly
Reported Out of Committee (Elections & Government Affairs) in Senate with 4 On Its Merits
2026-03-26 Delaware General Assembly
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
2026-03-26 Delaware General Assembly
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
2026-03-26 Delaware General Assembly
Passed By House. Votes: 35 YES 5 NO 1 ABSENT
2026-03-26 Delaware General Assembly
Assigned to Elections & Government Affairs Committee in Senate
2026-03-24 Delaware General Assembly
was introduced and adopted in lieu of HB 301

Official Summary Text

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.
House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony.
This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Lockman

Reps. Gorman, Berry, Harris, Romer; Sens. Sokola, Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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

peace, violence, or interference with electors

on election day; penalty.

(a)

Whoever

It is unlawful,

on any day of election

or early in-person voting

or during the reading and counting of the votes cast

thereat causes any breach of the peace or uses

to engage in any of the following with the intent to impede or interfere with the election:

(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, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted.

(2) A breach of peace at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted.

(3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector of this State from or in the exercise of the elector’s right to vote.

(b)

shall be fined not more than $200 or imprisoned not more than 2 years, or both.

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

SYNOPSIS

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony.

This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.