DELAWARE - Delaware voters could gain the ability to directly approve constitutional amendments under legislation introduced Thursday in the General Assembly.
House Bill 440, sponsored by Rep. Kerri Evelyn Harris and Sen. Kyra Hoffner, would begin the process of amending Delaware’s Constitution to allow voter referendums on proposed constitutional changes instead of requiring approval by two consecutive General Assemblies.
Currently, Delaware requires a two-thirds vote in both the House and Senate, followed by passage again by the next elected General Assembly, to amend the state constitution. Under HB 440, proposed constitutional amendments would still need approval from two-thirds of lawmakers in both chambers before being placed on a statewide ballot for voters to decide.
“Our Constitution is the foundation of our rights and our government, and decisions with that kind of lasting impact should include the people of Delaware," said Harris. "This legislation will finally give voters an opportunity to directly weigh in on proposed constitutional changes.”
If approved by lawmakers, bill would require public notices, publication of the full amendment text and the creation of a voter guide.
Current law already requires proposed constitutional amendments to be publicly distributed between 90 and 120 days before a general election. That timeline would stay the same.
To become law, a constitutional amendment submitted to voters would need support from at least 55 percent of voters casting ballots on the question. Then the Superior Court would certify the election results, said Harris. If voters reject a proposed amendment, lawmakers could revisit the measure during a future General Assembly session using Delaware’s current constitutional amendment process.
HB 440 has been assigned to the House Administration Committee.
