“Natural persons” voting in local elections passes first leg
It could soon be illegal for nonhuman entities to vote in Delaware’s local elections– as a measure to amend the state’s constitution cleared its first leg.
It comes on the heels of an ACLU lawsuit against Fenwick Island– where nearly a quarter of its votes in 2024 elections came from entities like trusts or LLCs.
The measure sparked disagreement on the Senate floor before passing on a party line vote. GOP State Senator Brian Pettyjohn said it leaves nonresidents with property registered to an LLC or trust without a way to weigh in on issues like local tax increases. He said as it stands, entities can't vote in general elections for state and federal offices. But keeping "imposing a tax on a property where that entity has no voice in actually casting a ballot" is a problem to him.
But proponents said on principle, allowing nonhuman entities to vote is undemocratic.
State senator Bryan Townsend said he's "positive" that municipalities like Fenwick can "find ways" or "modify the terms of their charters" to recognize LLCs or trusts that own property in the community that don't involve those groups voting in elections.
"But it's got to be based on the fact that you are a natural person with a tie to the community," Townsend said.
The measure passed along party lines but needs to clear again next year to change the state's constitution.
Amendment for decreased disenfranchisement of felons clears first leg
Another constitutional amendment allowing felons to vote immediately once their sentence is done, also passed, mostly along party lines and needs to clear again next year to become law.
John Lewis Voting Rights Act
Another election law passed with bipartisan support. Named for the late Georgia Congressman, Lewis served seventeen terms – and was nicknamed “the conscience of the Congress.” He advocated nonviolence and lead civil rights protests during the 1960s to end racial segregation and secure voting rights for millions of disenfranchised African Americans.
It prohibits election practices that suppress, dilute, or discriminate against voters, regardless of intent. And it provides avenues to challenge potential discriminatory practices. It heads to the governor for signature and would take effect July 2027.
Campaign donations for security
House speaker Melissa Minor-Brown's bill, which would allow lawmakers to spend campaign money on security is ready for the governor.
Some election and voting bills that did not move forward:
Rep. Bill Bush’s suggested amendment to allow same day voter registry in elections was short just one vote of the two-thirds majority needed to pass the house earlier this month and didn't come back up before session ended.
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.
- A measure that would have allowed unaffiliated voters to participate in primary elections passed in the House, but was never heard in the Senate.
- HB 65 is House Elections & Government Affairs chair, Stephanie T. Bolden’s latest attempt to move Delaware’s primary to the fourth Tuesday in April, which is the date for the state’s presidential primary. It cleared the house in April but stalled in the senate.
- And a bi-partisan backed effort to allow unaffiliated voters in Delaware to participate in primary elections passed in the House of the last day of session with added amendments but didn't get a vote in the senate.
- Another measure, introduced in April, sought to increase disclosure for campaign contributions and create new requirements for election ad reporting. An amendment was placed with the bill while in the House Appropriations committee, to relax reporting requirements initially included– and align its language against money from foreign controlled entities with what's required under federal law. The bill did not get a floor vote before June 30.
