Legislation Crafted in Delaware to Allow Voters to Approve Constitutional Amendments
May 21, 2026/
Delaware voters would have the opportunity to directly vote on proposed amendments to the state’s constitution under new legislation filed on Thursday. House Bill 440, sponsored by Representative Kerri Evelyn Harris and Senator Kyra Hoffner, is the first leg of an amendment to the Delaware Constitution that would create a framework for the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly. Under HB 440, proposed constitutional amendments would still require a two-thirds vote in both chambers of the General Assembly before being submitted to voters. If approved, the proposed amendment would then be placed on the ballot and presented to voters as a question, along with a clear explanatory statement describing the proposed changes. To pass successfully, the proposed constitutional amendments submitted to voters would need to receive support from at least 55% of voters casting ballots on the question. These results would be certified by the Superior Court following the general election. If a proposed amendment fails to attain the required voter approval, lawmakers may reconsider it in the next General Assembly, following Delaware’s existing constitutional amendment process. If passed, the constitutional amendment would then become law. HB 440 has been assigned to the House Administration Committee.
Additional Information from the Delaware House of Representatives:
Delaware voters would have the opportunity to directly vote on proposed amendments to the state’s constitution under new legislation filed on Thursday.
House Bill 440, sponsored by Rep. Kerri Evelyn Harris and Sen. Kyra Hoffner, is the first leg of an amendment to the Delaware Constitution that would create a framework for the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly.
Delaware’s Constitution serves as the highest governing document, establishing the rights, responsibilities, and systems that shape the lives of Delawareans. Currently, in order to amend the state’s constitution, a two-thirds vote is required in both chambers of the General Assembly, followed by a second vote of approval by the next General Assembly.
Under HB 440, proposed constitutional amendments would still require a two-thirds vote in both chambers of the General Assembly before being submitted to voters. If approved, the proposed amendment would then be placed on the ballot and presented to voters as a question, along with a clear explanatory statement describing the proposed changes.
“Delawareans deserve a direct voice when it comes to changes to our Constitution,” said Rep. Harris.
“Our Constitution is the foundation of our rights and our government, and decisions with that kind of lasting impact should include the people of Delaware. This legislation will finally give voters an opportunity to directly weigh in on proposed constitutional changes.”
Additionally, this measure would establish requirements for public notice, including a voter guide, the publication of the full amendment text, and standards for the ballot question presented to Delawareans.
Under current law, proposed constitutional amendments must be disseminated to the public between 90 and 120 days before the following general election. This requirement and timeline would remain in place under HB 440.
To pass successfully, the proposed constitutional amendments submitted to voters would need to receive support from at least 55% of voters casting ballots on the question. These results would be certified by the Superior Court following the general election.
If a proposed amendment fails to attain the required voter approval, lawmakers may reconsider it in the next General Assembly, following Delaware’s existing constitutional amendment process. If passed, the constitutional amendment would then become law.
“Many states already allow voters to play a direct role in approving constitutional amendments, and Delaware should be one of them,” said Sen. Kyra Hoffner.
“This bill creates a more participatory process while preserving important safeguards and giving Delawareans a greater voice in decisions that can shape our state for generations.”
Currently, Delaware is the only state in the nation without a voter referendum option for proposed constitutional amendments. This measure would update Delaware’s constitutional process by creating an additional pathway for Delawareans to engage in the constitutional amendment process.
HB 440 has been assigned to the House Administration Committee.