DELAWARE- New legislation in Delaware broadens the state law covering violence, threats, and voter intimidation during elections and ballot counting.
Governor Meyer signed House Substitute No. 1 for House Bill No. 301, which amends Title 15 of the Delaware Code, adding new language to the existing crime of breach of peace or violence on election day.
Under the legislation, a person could be charged if, with the intent to impede or interfere with an election, they use violence or threats of violence, breach the peace or hinder, control, coerce or intimidate a qualified voter.
The restrictions would apply on election days, during early in-person voting and while ballots are being read and counted.
The legislation would cover conduct at or near polling places, Department of Elections offices, meetings of the Board of Canvass and other locations where votes are cast, stored, read or counted.
The bill specifically makes intent to interfere with an election an element of the crime. That requirement would apply to each prohibited action outlined in the legislation.
House Substitute No. 1 also adds voter interference as a separate prohibited act. The legislation would make it unlawful to hinder, control, coerce or intimidate, or attempt to do so, to a qualified elector in exercising the right to vote.
State leaders say a violation would remain a Class G felony under Delaware law.
The substitute differs from the original version of House Bill No. 301 by adding the intent requirement, expanding the locations covered by the law and specifically addressing efforts to interfere with a person’s ability to vote.
The legislation is focused on conduct intended to disrupt or interfere with the election process, including the casting, handling and counting of ballots.
