AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Plain English Breakdown

The official source material did not provide specific details on how early voting will be implemented or managed, leaving this aspect open to future legislation.

Proposing Early Voting in Delaware

This act proposes an amendment to the Delaware Constitution that would allow early, in-person voting on 10 calendar days before general elections, primary elections for offices decided at the general election, and special elections filling vacancies in the General Assembly.

What This Bill Does

• Adds a new section (b) to Article V of the Delaware Constitution allowing early, in-person voting on 10 calendar days before an election, including Saturday and Sunday.
• Requires a two-thirds majority vote from both houses of the Delaware General Assembly to pass.

Who It Names or Affects

• Voters who will be able to cast their ballots early before an election.
• The Delaware General Assembly which must approve this amendment twice, once now and again after the next general election.

Terms To Know

Constitutional Amendment

A change or addition to a constitution that requires special procedures for approval.

General Assembly

The legislative body of Delaware, consisting of two houses: the Senate and the House of Representatives.

Limits and Unknowns

• This amendment needs to be passed again by the next General Assembly after the next general election for it to become part of the Constitution.
• It does not specify how early voting will be implemented or managed, leaving that up to future legislation.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.
This Act is a substitute for Senate Bill No. 2. This Act differs from Senate Bill No. 2 in that it incorporates technical corrections made to the Delaware Constitution by House Bill No. 10 (153rd General Assembly).

Like Senate Bill No. 2, this Act is the first leg of a constitutional amendment to specifically authorize early, in-person voting for the general election, a primary election, and a special election filling a vacancy in the General Assembly. Specifically, this Act provides that early, in-person voting is to occur on 10 calendar days before the date of the general election, primary election, and special election, including the Saturday and Sunday immediately before the election.

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

Legislation Document

SPONSOR:

Sen. Brown & Sen. Pinkney & Sen. Sturgeon & Rep. Bush & Rep. Heffernan & Rep. Snyder-Hall

Sens. Buckson, Hocker, Hoffner, Huxtable, Sokola, Townsend; Reps. Bolden, Burns, Chukwuocha, Cooke, Gorman, Griffith, Harris, Lambert, Minor-Brown, Morrison, Osienski, Romer, Ross Levin, K. Williams, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 2

AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

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 § 1, Article V of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1. Time and manner of holding general election.

(a)

The general election shall be held biennially on the Tuesday next after the first Monday in the month of

November,

November

and shall be by ballot; but the General Assembly may by law prescribe the means, methods, and instruments of voting so as best to secure secrecy and the independence of the voter, preserve the freedom and purity of elections, and prevent fraud, corruption, and intimidation thereat.

(b) Early, in-person voting must occur on 10 calendar days before the date established for each of the following elections, including on the Saturday and Sunday immediately before the following elections:

(1) The general election under subsection (a) of this Section.

(2) A primary election for an office to be decided at the general election under subsection (a) of this Section.

(3) A special election which fills a vacancy in the General Assembly.

SYNOPSIS

This Act is a substitute for Senate Bill No. 2. This Act differs from Senate Bill No. 2 in that it incorporates technical corrections made to the Delaware Constitution by House Bill No. 10 (153rd General Assembly).

Like Senate Bill No. 2, this Act is the first leg of a constitutional amendment to specifically authorize early, in-person voting for the general election, a primary election, and a special election filling a vacancy in the General Assembly. Specifically, this Act provides that early, in-person voting is to occur on 10 calendar days before the date of the general election, primary election, and special election, including the Saturday and Sunday immediately before the election.

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.

Author: Senator Brown