DOVER – On Tuesday, the House passed the first leg of two constitutional amendments aimed at strengthening the basic tenets of democracy in Delaware.
House Bill 180, sponsored by House Majority Leader Kerri Evelyn Harris and Senator Kyra Hoffner, is the first leg of a constitutional amendment that would modernize Delaware’s voting provisions and restore voting rights for those convicted of a felony who served their sentence or were pardoned.
“To be clear, this bill does not shorten criminal sentences, eliminate criminal penalties, or change Delaware’s election fraud laws,” said Rep. Kerri Evelyn Harris.
“HB 180 establishes a clear principle: once a person has completed their period of incarceration and returned to the community, their right to vote is restored.”
The Delaware Constitution currently contains outdated language, requirements, and prohibitions that do not align with federal law or current practice in Delaware, including the legislature’s ability to repeal one’s right to vote as punishment for a crime, the requirement that a voter must be 21 years of age, the residency duration requirement, the literacy test requirement to qualify to vote in Delaware, and the literacy test requirement to qualify to vote in Delaware. HB 180 would remove all of those provisions of the Delaware Constitution, and add language defining terms related to imprisonment and community supervision.
Additionally, HB 180 would bring Delaware in line with 23 other states by automatically restoring an individual’s right to vote upon their release from prison.
House Bill 430, also sponsored by Rep. Kerri Evelyn Harris and Sen. Kyra Hoffner, is a constitutional amendment that would ban corporations and other artificial entities from voting in any election in the State of Delaware, and make it explicitly clear that only human beings have the right to vote.
“Voting is one of the most fundamental acts of self-government in a democratic society. Governments derive their legitimacy from the consent of human beings, and the right to vote should therefore belong exclusively to natural persons,” said Rep. Kerri Evelyn Harris.
“I recognize that some opposition will be based on the principle of local control, and I respect the important role municipalities play in governing their communities. But the question before us is not how local governments make decisions; it’s who gets to choose those governments in the first place.”
Both HB 430 and HB 180 are the first legs of constitutional amendments. They will need to pass the 154th General Assembly before becoming law.
“Our country was built on the idea that every resident deserves a voice in how their government is run. But that is not the reality we live in,” said Sen. Kyra Hoffner.
“Together, HBs 180 and 430 bring us one step closer to achieving a true democracy, helping to ensure that the results of elections in Delaware are representative of the will of all Delawareans, and only Delawareans.”
Both bills now head to the Senate for consideration.
###
