DOVER, Del. - The Delaware Senate passed the first leg of a Constitutional amendment that would eliminate limitations on the circumstances in which voters may cast an absentee ballot.
Senate Bill 3 would remove the circumstances under which the Delaware Constitution currently permits absentee voting and allow the General Assembly to set new rules and procedures through future legislation. It would clarify that all absentee ballots must be accompanied by an oath or affirmation that the voter is free from improper influence, which is required under Article V, Section 3 of the Delaware Constitution.
Without this bill, voters need a reason to cast an absentee ballot like being in public service, on vacation, or sick, among other reasons, at the time of voting.
According to the Senate Majority Caucus, nearly 70 percent of eligible voters in the country live in a state with no-excuse absentee voting and Delaware is currently one of the only Mid-Atlantic states that require an excuse to vote absentee. New Jersey, Maryland, Pennsylvania, Virginia, and Washington all offer a non-excuse absentee ballot option.
Though speculation around the legitimacy of voting by mail has risen since the 2020 national election, bill sponsors Senator Darius Brown and Representative Sherae'a Moore said that this bill holds importance for improving access that would allow more people to vote.
"I teach my students that voting is one of the most fundamental, important functions of a healthy democracy, and that everyone who is eligible should have the opportunity to vote for their leaders," said Moore, who is also a sixth grade teacher. "We have a lot of working Delawareans, especially in my community, and sometimes getting to the polls in person can be extremely difficult. They deserve the opportunity to participate in our elections."
"Yet today, one of the three voting methods allowed here in Delaware is available only to a few, and only under a handful of narrow circumstances," said Brown. "Senate Bill 3 represents the first step towards lifting those restrictions and finally giving all Delaware voters the same right to a no-excuse absentee ballot that voters in 35 red and blue states across the country already enjoy."
The bill's next step is consideration in the House. Constitutional amendments require a two-thirds majority in each chamber of the legislature and must pass in identical forms, without changes, in consecutive General Assemblies to become law. No signature from the governor is required.
