What do the 2026 election results mean for Delaware?

November 13, 2026

State Senator Bryant Richardson

What do the 2026 election results mean for Delaware?

Delaware Democrats in the upcoming General Assembly have a 15 to 6 majority in the Senate and a 30 to 11 majority in the House.

These super majorities mean that the Democrats do not need any votes from Republicans to pass any amendments to the state Constitution.

The importance of the risk associated with this imbalance cannot be overemphasized. I give an example later in this column.

Before the election the Democrats needed just one Republican vote in the House to advance an amendment. They did not need any Republican votes in the Senate.

I say advance rather than pass, because proposed constitutional amendments need a two-thirds majority vote in both chambers in two consecutive General Assemblies.

In the Senate 14 votes are needed. In the House 28 votes are needed.

Delaware does not require voter approval for amendments and any that pass in two consecutive General Assemblies do not require the governor’s signature to become part of the state Constitution.

In the past when bills were passed that conflicted with the Constitution, lawsuits were filed.

For example, House Bill 25, which passed in 2022, contained the provision for same-day voter registration.

I introduced an amendment to HB25 that would require any votes from persons registering on the day of an election be kept in a provisional ballot envelope.

Those provisional ballots would only be counted after the Department of Elections verified the person in question is a qualified voter and had not previously voted in the election.

The amendment failed along party lines.

HB 25 passed both chambers and was signed by Governor John Carney.

The bill was challenged in a lawsuit filed by Jane Brady and a suit filed by Julianne Murray on behalf of three plaintiffs representing a Democrat, a Republican and an unaffiliated voter.

The Delaware Supreme Court in October 2022 struck down same-day voter registration, stating that the Constitution would need to be amended for it to be allowed.

Delaware’s Constitution as it now reads requires voter registration to conclude at least 10 days before an election.

Some races are decided by just a few votes. Allowing someone to register on election day leaves no time to check the legitimacy of their right to vote in our elections.

Checking the legitimacy of the ballots is of no consequence if the ballots are mixed in with all the other votes.

Same-day voter registration should not be a partisan issue. Both major parties have candidates involved in Primary Election races.

This year the Republican primary for Delaware’s 33rd District was decided by just 7 votes.

Morgan Hudson won that race over Matt Bucher 1,017 to 1,010.

The 153rd General Assembly passed eight proposed constitutional amendments, which will now await approval in the 154th General Assembly.

Following is a list of the eight changes to the Delaware Constitution that the Democrats likely will pass in 2027.

• 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.