DOVER, Del. - The Delaware House of Representatives passed a bill on unanimously on Thursday that would require state legislators to live continuously in the districts they are elected to represent.
House Bill 77 is a constitutional amendment. If it becomes law, lawmakers that move out of their district before their term ends, would be “deemed to have resigned the office.”
The Delaware Constitution currently requires that General Assembly candidates reside in the representative or senatorial districts they wish to represent for a full year before Election Day. However, there is no requirement that once elected, the legislator maintain a fulltime residence in that district, only that they meet the yearlong residency requirement before the following election if they are running for another term.
“The entire idea is that by living in those communities, representatives and senators can better raise issues that affect those areas and advocate for solutions,” said bill sponsor Representative Baumbach, D-Newark North.
The measure includes a once-a-decade exception for sitting legislators who change their residence to live within the boundaries of newly drawn districts through the redistricting process. Lines can move enough that sitting members are effectively moved out of their current districts. This provision would provide an exception for members who move out of their current district into the new one to meet the one-year residency requirement.
Constitutional amendments require a 2/3 majority in each chamber and must pass in identical form in consecutive General Assemblies.
HB 77 now heads to the Senate for consideration. If the Senate passes the measure, the amendment will be incorporated into the Delaware Constitution. No signature from the governor is required.