House Democrats have filed an amendment to Senate Bill 3 on Thursday ahead of the bill heading to the full House.
The House amendment would constitutionally protect early voting in Delaware by requiring the state to offer in-person early voting for 10 days before a general, primary, or special election, including the weekend before Election Day.
The amendment came after a Superior Court Judge ruled that previous legislation widening absentee voting was ruled unconstitutional. The ruling stemmed from a suit filed by state Sussex County State Senator Gerald Hocker. The judge also ruled that previously passed legislation allowing permanent absentee voting for the disabled did not pass constitutional muster.
Neighboring states allow some form of early or expanded absentee voting.
Republicans responded by announcing they would propose a constitutional amendment. They faced harsh criticism from Democrats who accused the GOP of extremism, citing the earlier defeat of a voter constitutional amendment after two Republican House members switched previous yes votes. The change came after former President Trump claimed early voting was riddled with corruption.
Another Sussex County Republican, State, Sen. Brian Pettyjohn, wrote on social media accusing Democrats of “divisive and patently false DC partisan rhetoric published by those on the other side of the aisle since the Superior Court’s ruling this past weekend. Delawareans expect those of us in Dover to be above the mud-slinging and work together, so to read the lies and name-calling that’s been flippantly thrown around without any basis in reality is, frankly, disappointing.”
Senate Bill 3, the first leg of a constitutional amendment sponsored by state Sen. Darius Brown, D-Wilmington, would remove the limited circumstances under which the Delaware Constitution currently permits absentee voting and allow the General Assembly to set new rules and procedures through future legislation. The Senate passed SB 3 in May 2023.
“I’m grateful for this quick work by legislative leaders to strengthen voting protections following last week’s surprise court ruling. Voting is our most fundamental right. We must all do our part — in court, in Legislative Hall, and in our neighborhoods and communities — to defend it,” said Attorney General Kathy Jennings.
This week, Jennings confirmed that the AG’s office would appeal the lower court decision
Constitutional amendments require a two-thirds majority in each chamber of the Legislature and must pass in identical forms in consecutive General Assemblies to become law. No signature from the governor is required. Getting to the two-thirds figure is difficult, given the need for two consecutive votes.
