The State Senate is ready to vote on the latest step to enshrine no-excuse absentee voting in Delaware’s constitution, with an amended Senate Bill 3 on its agenda.
State Senator Darius Brown's efforts to amend Delaware’s constitution come after 2022 court challenges to statutes designed to codify non-excuse absentee voting and early voting. Delaware courts ruled against those efforts - essentially requiring constitutional amendments to ensure they would stand.
"We had a Supreme Court opinion, that I agree with, around the process and how we should go about enshrining within our Constitution and also just creating the opportunity for voting rights," Brown said.
The State Senate passed SB 3 last year 16-5, but is considering it again after House lawmakers amended it.
This measure would permit everyone to vote absentee, but was tweaked to require most to register to do so each election cycle. Currently only a few groups are granted permanent absentee status: people living outside the US or serving the US and unable to go to a local polling location, caretakers, people with an illness, people with disabilities, or for religious reasons.
"The reasons and purposes from election to election may change for individuals as to why they're unable to vote in-person or vote during the early voting period," Brown said.
Brown has another constitution amendment: Senate Bill 2. It seeks to enshrine early voting in the state constitution cleared both chambers last month.
Because both bills amend the state constitution, they need to pass again in a separate session.
These constitutional amendments are among a series of election-related measures being considered this year. Requirements for additional campaign finance reporting and a bill modernizing Delaware’s ballot processing software, techniques, and language are also before lawmakers.
Brown plans to rally with other lawmakers and members of Delaware Voting Rights Campaign Coalition at the Statehouse before the senate hears the bill.
