HB 180: addresses disenfranchisement of felons
Harris's HB 180 suggests changing Delaware law, so that people convicted of felonies in Delaware only lose the right to vote during incarceration.
As of 2024, the ACLU of Delaware said nearly 3,000 Delawareans were prohibited from voting while on felony probation. The right to vote is restored after some completes their full sentence, including probation, making it one of the more restrictive states.
Harris said laws related to criminal justice and sentencing are important but, “they are separate from whether someone should be permanently excluded from participating in our democracy after they have completed their incarceration.”
The amendment would remove outdated parts of Delaware election law, like literacy test requirements and confirm the eligible age to cast a ballot at 18 years old. The literacy requirement was implemented in 1897, which is when Delaware’s current constitution was adopted. The practice was banned by the federal Voting Rights Act of 1965. And the 1971 amendment to the US Constitution asserted the national voting age is 18 years old.
Harris’s house bill echoes policy points suggested by SB 180 during the previous legislative session.
It clearedwith 30 “yes” votes in the 41-person chamber, above the two-thirds majority it needed to advance.
HB 430: “natural persons” and elections
Harris’s other bill related to elections –HB 430– also suggests amending the state constitution so that "only natural persons” can vote in local elections.
This bill targets Delaware’s allowance for LLCs, businesses, and trusts that own property to participate in local elections, depending on the laws in that jurisdiction.
Like HB 180, it will need to pass in two legislative sessions, because it is an amendment to the state constitution.
It received less support, with 28 yes votes. It still cleared the House with a two-thirds majority but lost support from Republican Rep. Richard Collins and Jeff Spiegelman.
State Rep. Bryan Shupe said he voted no on the bill because some people own property through an LLC to run their business. And these people do pay taxes to the municipalities where they own and operate their business.
Harris said just because a practice is long standing “doesn’t mean it should continue....I think the overwhelming number of Delawareans would say that the owners by themselves should be able to vote, but not as their property.”
HB 88: same day voter registration
Rep. Bill Bush’s amendment would allow same day voter registry in elections. But it was short a vote from clearing the two-thirds hurdle.
Right now, voters have to register nearly a month before elections. Lawmakers tried to pass a same-day registration law in 2022, which a court struck down for conflicts it found with the First State’s constitution.
Bush’s measure would also have to clear in the 154th legislative session next year. And he said during that “second leg” he wants to workout requirements for voting on the day you cast a ballot.
“(HB 88) is something that will make it more accessible for voters out there,” Bush said. “And I really believe that this is the right way to do it.”
Rep. Mike Smith voted in favor of Harris’s proposals. He did not give a “yes” to Bush’s bill, because he’d heard from poll workers who said they didn’t have enough training to run same day registry operations. But said he’s, “happy to work with (Bush) on it in the future.”
Bush gave a "no" on his own measure in hopes of bringing it back up before June 30 when session ends.
“I’m disappointed today,” Bush said. “We have a few more weeks to go.”
If a lawmaker is on the “winning” said of a motion, they can bring it back to be reconsidered.
