A new state committee is looking to justify the current simple majority needed to pass the largest part of Delaware’s budget.
Sen. Colin Bonini (R-Dover South) raised the issue two months ago, pointing out the Constitution says the state can’t give money to a county, municipality or corporation without a three-fourths majority vote.
But, University of Delaware and Delaware State University get cash through the operating budget and aren’t solely affiliated with the state. Instead, they're public-private institutions that receive operating and capital money from the General Assembly, as well as other donors and foundations that aren't required to be disclosed.
The committee is analyzing the Constitution to continue requiring only a simple majority vote, which Bonini says he’s not opposed to.
“Regardless of whether it gets to court or not, I think it’s important for folks to have faith that the General Assembly has been trying to do what is constitutional and if we can sort of justify that process through this analysis, I think that’s healthy," he said.
Sen. Harris McDowell (D-Wilmington North), chair of the budget-writing Joint Finance Committee says he supports the operating budget only requiring a simple majority vote, noting the late night that came with the most recent budget battle in June is one reason to keep it in place.
“You think 5:30 a.m. was bad? We’ll be [there] for days. Certain folks have already signaled that," said McDowell. "I think a price for every single line in the budget would be extracted.”
Republicans held up budget negotiations in June by threatening to not vote for the capital budget if their priorities weren't included. Both the capital and grant-in-aid budgets need three-fourths of lawmakers to approve it.
Bonini and McDowell agree that the issue will likely end up before the state Supreme Court, but work on the analysis will continue over the coming weeks.