DOVER, Del. - A newly introduced bill in Delaware’s General Assembly seeks to update election laws, clarify voter residency rules, and strengthen oversight of voting technology.
Senate Bill 266, introduced April 2 by Sen. Cruce with Rep. Bolden and several co-sponsors, is currently awaiting consideration in the Senate Elections and Government Affairs Committee.
The legislation proposes a wide-ranging update to Title 15 of Delaware code, focusing largely on modernizing language, improving clarity and aligning election procedures with current practices and technology.
A key component of the bill defines how a person’s place of residence is determined for voting and candidacy. The measure states that residence is based on where a person physically lives and should be interpreted broadly to ensure eligible voters can participate in elections. It also clarifies that people do not lose residency if they leave temporarily for reasons such as school, military service, incarceration or medical care.
The bill also addresses nontraditional living situations, outlining how residency is determined when a person does not have a fixed home tied to real property.
Another major section updates requirements for electronic voting systems. The proposal would require the State Election Commissioner to designate approved voting software by July 1 of odd-numbered years for use in the next statewide general election cycle. It also allows updates to software if security issues are identified.
The legislation outlines expanded audit procedures for election results, separating audit requirements by election type, including state and county offices, Wilmington city elections and school district races.
Changes are also included for absentee ballots. The bill codifies current practices for reviewing ballots when scanning devices cannot determine voter intent and formalizes a process allowing voters to correct certain issues with absentee ballots before polls close on Election Day.
Additional revisions align existing law with updated definitions, remove outdated provisions and reflect current administrative practices used by the Department of Elections.