UPDATED: SB 57 – Adoption of the Uniform Faithful Presidential Electors Act – Signed into Law

UPDATED – 06/09/23 – Governor John Carney signed this measure into law on Friday, June 9. It becomes effective immediately.


Original story – 04/06/23 – The Delaware State Senate passed Senate Bill 57 which ensures that the will of Delaware voters is honored when the Electoral College convenes every four years to decide the outcome of the presidential election. It would specifically adopt the Uniform Faithful Presidential Electors Act – model legislation passed in at least eight other states to prevent rogue electors from usurping the popular vote. Electors would be required to sign a pledge to mark their ballots in accordance with the popular vote. SB 57 passed with a 16 to 3 vote with 2 absent. The bill goes to the state House for consideration.

Additional information from the Senate Majority Caucus: “In recent years, we have come dangerously close to seeing our democratic institutions circumvented,” said Sen. Gay, D-Talleyville. “This legislation will help protect the sanctity of the popular vote in Delaware by requiring that our representatives to the Electoral College faithfully fulfill their obligation to the will of the voters.”  

Any attempt by an elector to submit a vote in violation of that pledge would effectively constitute a resignation, and begin a process to replace that elector. 

“Voting matters, and SB 57 will ensure that when Delaware voters choose a Presidential candidate in a general election by popular vote, Delaware’s electors are required to cast Delaware’s three electoral votes for that very candidate. SB 57 eliminates hijacking of the electoral process,” said Rep. Baumbach, D-Newark, the House prime sponsor of SB 57.