DE Senate Introduces Bill to Amend State Constitution on Voting

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Legislation to amend the Delaware Constitution in relation to absentee voting has been introduced in the General Assembly. Senate Bill 3 is the first leg of a constitutional amendment that would eliminate the limitations on when an individual may vote absentee and authorizes the General Assembly to enact general laws providing the circumstances, rules, and procedures for absentee voting in this State. SB 3 is in response to the Delaware Supreme Court decision last year and would require all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This would be in lieu of the oath or affirmation required under Section 3 of Article 5 of the Delaware Constitution.

This would be in lieu of the oath or affirmation required under Section 3 of Article 5 of the Delaware Constitution.

This would be in lieu of the oath or affirmation required under Section 3 of Article 5 of the Delaware Constitution.

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.


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