Eight new amendments await the next Assembly

July 29, 2026

State Senator Bryant Richardson

The following is reprinted in part from the Republican House newsletter

The 153rd General Assembly passed eight proposed constitutional amendments, which will now await consideration by the next incarnation of the state legislature.

Proposed amendments become effective after receiving a minimum two-thirds approval in two consecutive General Assemblies. Constitutional amendments are not signed by the governor.

Citizens participate indirectly in the amendment process by having an opportunity to select the members of the next General Assembly that will vote on the second leg of the proposals.

The following pending amendments will soon be printed in multiple Delaware newspapers to inform citizens of some of the amendments at stake when they head to the polls in November.

• SS 1 for SB 2 – Early Voting: This proposed amendment would change the Delaware State Constitution to specifically allow for early, in-person voting, a total of 10 days for a general, primary, or special election.

• SS 1 for SB 3 with HA 1 – No Excuse Absentee Voting: At present, people wishing to cast an absentee ballot must meet one of the qualifying criteria: vacation, illness, impairment, military service, work conflict, travel. With this amendment voters would still be required to submit an absentee ballot application.

• SS 2 for SB 100 – Same-Sex Marriages: This proposal seeks to add marriage as a fundamental right in the state constitution, “that may not be denied or abridged on the basis of gender or any other legally protected criteria” (e.g., race, color, national origin). The bill cleared the legislature on a contested vote. Opponents did not challenge the established concept of same-sex unions, but rather contended that there was no compelling need for an amendment at this time. Marriage equality is already protected under Delaware law.

• SB 264 – Filling a Vacancy in the Office of Lt. Governor: This bill is a proposal to hold a special election when there is a vacancy in the office of Lieutenant Governor, unless the vacancy occurs on or after July 1 in a year when the office is on the ballot. This amendment is modeled after the process of filling a vacancy in the General Assembly.

• HS 1 for HB 35 – Abolishing the Death Penalty: Delaware has not had a functional death penalty for the last decade. On August 2, 2016, the Delaware Supreme Court declared the state’s capital sentencing procedures unconstitutional. Two years ago, lawmakers removed the flawed capital punishment statute from the Code.

While most House Republicans supported striking the broken law from the books, they take issue with amending the state constitution to tie the hands of future legislators and prevent them from revisiting the issue in the future.

• HB 180 – Restoration of the Voting Rights of Ex-Felons: This proposed amendment seeks to restore the voting rights of convicted felons after they have served their sentence or were pardoned. Voting rights would be restored even if the former felon has not paid court-ordered restitution. The bill was contested, with most Republicans opposing it.

• HS 1 for HB 320 w/ HA 1 – Technical Changes: This measure seeks to make necessary technical corrections identified by legislative staff while adding earlier amendments to the Delaware Constitution.

• HB 430 – Barring Corporate Business Owners from Voting in Municipal Elections: About a dozen municipalities in Delaware allow non-resident property owners, including corporations and trusts, to cast votes in their elections.

Prior to this November’s election, the Democrats do not need any Republican votes to pass an amendment in the Senate and only one Republican vote to pass an amendment in the House.