HB 88 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Bush HOUSE& OFRep. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Morrison TO& HOUSESen. SUBSTITUTE NO.

Hoffner Reps.

Snyder-Hall, Lambert, Harris HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.

88 AMENDAN HouseACT SubstitutePROPOSING No.AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

1BE forIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

88Section on1. line 8 by deleting "such " after "at" and before "general" therein and inserting in lieu thereof "such a ".

SYNOPSISAmend This§ Amendment4 makesof aArticle technicalV correction.of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4.

Registration of voters;

days for registration;

application to strike name from list;

appeals;

registration as prerequisite for voting.

voters.

(a) The General Assembly shall enact uniform laws for the registration of voters in this State entitled to vote under this Article, which registration shall be conclusive evidence to the election officers of the right of every person so registered to vote at any general election while the person’s name shall remain on the list of registered voters, and who is not at the time disqualified under the provisions of Section 3 of this Article;

and no person shall vote at such general election whose name does not at that time appear in the list of registered voters.

(b) The General Assembly shall provide by law means to ensure the integrity and accuracy of voter registration.

(b) There shall be at least 2 registration days in a period commencing not more than 120 days, nor less than 60 days before, and ending not more than 20 days, nor less than 10 days before, each general election, on which registration days persons whose names are not on the list of registered voters established by law for the general election, may apply for registration, and on which registration days applications may be made to strike from the registration list names of persons on the list who are not eligible to vote at the general election;

provided, however, that the registration may be corrected as hereinafter provided at any time before the day of holding the election.

(c) From the decision of the registration officers granting or refusing registration, or striking or refusing to strike a name or names from the registration list, any person interested, or any registration officer, may appeal to the resident Judge of the County, or in case of disability or absence from the County, to any Judge entitled to sit in the Superior Court, whose determination shall be final;

and the Judge shall have power to order any name improperly omitted from the registry to be HD :

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06/03/2026 06:34 PM placed thereon, and any name improperly appearing on the the registry to be stricken therefrom, and any name appearing on the registry, in any manner incorrect, to be corrected, and to make and enforce all necessary orders in the premises for the correction of the registry.

Registration shall be a prerequisite for voting only at general elections, at which Representatives to the General Assembly shall be chosen, unless the General Assembly shall otherwise provide by law.

(d) (c) The existing laws in reference to the registration of voters, so far as consistent with the provisions of this Article, shall continue in force until the General Assembly shall otherwise provide.

SYNOPSIS This Act is the first leg of a constitutional amendment to allow the General Assembly to enact laws for the registration of voters without restrictions on the time period in which registration must be closed prior to an election.

It also requires the General Assembly to provide by law for means to ensure the accuracy and integrity of voter registration.

This Act is in response to the Supreme Court’s decision in Albence v.

Higgin, 2022 Del.

LEXIS 377 (Del.

2022) which found a same-day registration statute to be “incompatible with Section 4 [of Article V of the Constitution]’s registration deadline and its relationship to the appeal and correction process.” Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

House Substitute No.

1 to House Bill No.

88 restores language requiring voters to be registered in order to vote at a general election that was mistakenly struck from the original bill.

It also updates the section to conform to technical revisions made by 84 Del.

Laws, c.

281 and 85 Del.

Laws, c.