DOVER – Building on long standing efforts to protect and expand access to the ballot box, the House passed two measures Thursday that would enshrine early voting and no-excuse absentee voting in Delaware’s constitution.
Senate Substitute 1 for Senate Bill 2 and Senate Substitute 1 for Senate Bill 3, both sponsored by Rep. Bill Bush and Sen. Darius Brown, are the first legs of constitutional amendments aimed at protecting these voting options for Delawareans.
“In the election cycles that these options have been in place, we’ve seen more and more Delawareans, across all backgrounds, choose to take advantage of early and absentee voting,” said Rep. Bill Bush.
“They’ve proven to be incredibly popular, and more importantly, they’ve helped more people participate in our democracy. These amendments will ensure those options are protected and available for years to come.”
In 2019, the General Assembly passed legislation to allow registered voters to vote in-person for a 10 day period before primary, general, and special elections. In 2022, the first cycle that this law was in effect, more than 55,000 Delawareans voted early. In 2024, with voter turnout nearing 65 percent statewide, more than 200,000 Delawareans voted early.
In February 2024, Delaware’s Superior Court ruled that the law allowing early in-person voting violated the State constitution. The Delaware Supreme Court later reversed that. However, this decision did not fully resolve broader constitutional questions, as it was overturned due to the fact that the plaintiffs lacked standing.
Senate Bill 2 (S) would address that uncertainty by explicitly enshrining early voting in the state constitution, ensuring voters can continue to utilize this option.
The vast majority of states allow residents to vote early and this method has become increasingly popular among voters.
“Voting rights are the foundation of our democracy, and expanding when and how individuals can cast their ballots strengthens our shared commitment to equal access at the ballot box,” said Senator Darius Brown, prime sponsor of Senate Bills 2 and 3.
“We have seen the benefits of early voting firsthand in Delaware, as it has led to record-breaking turnout and provided a convenient option for working Delawareans. Voters deserve real choice when it comes to how and when they cast their ballot. By enshrining both of these methods into the Delaware Constitution, we make our democracy stronger.”
Also passed by the House Tuesday, Senate Substitute 1 for Senate Bill 3 with House Amendment 1 amends the current absentee voting standard by removing the requirement for an excuse.
Currently, the constitution limits absentee voting to six specific circumstances, including illness or physical disability, absence due to work or travel, or religious reasons.
SB 3 (S) would remove these restrictions, allowing any qualified voter to request an absentee ballot. Under this legislation, voters who wish to vote absentee would be required to request an absentee ballot from the Department of Elections for each election cycle.
More than 37,000 Delawareans voted via absentee ballot in the 2024 general election.
The bill now heads back to the Senate for consideration with House Amendment 1.
Both SB 2(S) and SB 3(S) are the first legs of constitutional amendments. Constitutional amendments require a 2/3 majority vote in each chamber and must be approved by two consecutive General Assemblies.
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