Delaware 153rd General Assembly (2025-2026) Status: Passed Senate Bipartisan · 18 D · 2 R cosponsors

SB 3 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Last action — Passed By Senate. Votes: 14 YES 5 NO 2 ABSENT

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced April 09, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 22 sponsors

    22 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (18 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act is a substitute for Senate Bill No. 3. This Act differs from Senate Bill No. 3. in that it incorporates technical corrections made to the Delaware Constitution by House Bill No. 10 (153rd General Assembly). Like Senate Bill No. 3, this Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and provide an absolute right to vote by absentee ballot without an excuse. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022). Although Section 1 of this Act creates an absolute right to vote by absentee ballot without an excuse, a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status. This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Act adopts those reasons. For each election in which a qualified voter votes by absentee ballot under a permanent absentee status, the qualified voter must take an oath or affirmation that the qualified voter remains eligible for permanent absentee status. Section 2 of this Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation otherwise required under Section 3 of Article V of the Delaware Constitution. 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. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Bill Text

What changed in the latest version

87 added · 10 removed

Plain-language change summary

The amendment to SB 3 removes the phrase "permanent absentee status" from the bill and eliminates additional provisions related to absentee voting. This change means that while voters can still vote by absentee ballot without providing an excuse, the option for a permanent absentee ballot status is no longer included in the legislation.

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Latest
Rep.
Sen.
Bush HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Brown & Sen.
1 TO SENATE SUBSTITUTE NO.
Pinkney & Sen.
Townsend & Rep.
Bush & Rep.
Heffernan & Rep.
Snyder-Hall Sens.
Hansen, Hoffner, Huxtable, Sokola, Sturgeon;
Reps.
Burns, Chukwuocha, Cooke, Gorman, Griffith, Harris, Lambert, Minor-Brown, Morrison, Osienski, Romer, Ross Levin, K.
Williams, Wilson-Anton DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
3 AMEND Senate Substitute No.
3 AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.
1 for Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
3 on lines 3 to 4 by deleting “;
Section 1.
permanent absentee status” as it appears therein.
Amend § 4A, Article V of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
FURTHER AMEND Senate Substitute No.
§ 4A.
1 for Senate Bill No.
General laws for absentee voting Right to vote by absentee ballot without an excuse;
3 by striking lines 23 through 43 in their entirety.
permanent absentee status.
SYNOPSIS This Amendment removes permanent absentee status from this Act.
The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast a ballot at any general election at the regular polling place of the election district in which the qualified elector is registered, because of being in the public service of the United States or of this State, because of being a spouse or dependent when residing with or accompanying the qualified elector who is in the public service of the United States or of this State, because of the nature of the qualified elector’s business or occupation, because of the qualified elector’s sickness or physical disability, because of the qualified elector’s absence from the district while on vacation, or because of the qualified elector’s religious tenets or teachings, may cast a ballot at such general election to be counted in such election district.
(a) A qualified elector of this State who is duly registered has the right to vote by absentee ballot without an excuse.
(b) When voting by absentee ballot, the following must occur:
(1)a.
An absentee ballot must be requested for an election occurring in an election cycle.
b.
If a request for an absentee ballot is made once in an election cycle no further requests are required to receive absentee ballots for elections occurring in that election cycle.
AF Page 1 of 1 Released:
AF Page 1 of 3 Released:
03/25/2026 12:05 PM 4801530166
04/09/2025 06:51 PM c.
For purposes of paragraph (b)(1)a.
of this Section, “election cycle” means the day after the date of the most recent general election through the date of the next general election.
(2) Each absentee ballot must contain an oath or affirmation that the qualified elector’s vote is free from improper influence.
(c) Notwithstanding paragraph (b)(1)a.
of this Section, a qualified elector may be granted permanent absentee status if any of the following apply to the qualified elector:
(1) Because the qualified elector is in the public service of the United States or of this State or is the spouse or dependent of a qualified elector in the public service of the United States or of this State and is accompanying the qualified elector.
(2) Because the qualified elector is in the armed forces of the United States or the merchant marine of the United States.
(3) Because the qualified elector is attached to and serving with the armed forces of the United States in the American Red Cross or United Service Organizations.
(4) Because the qualified elector is absent from this State because of illness or injury received while serving in the armed forces of the United States.
(5) Because the qualified elector is otherwise authorized under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C.
§ 20301 et seq., as amended, to vote by absentee ballot.
(6) Because the qualified elector is otherwise authorized by federal law to vote by absentee ballot.
(7) Because the qualified elector is sick or permanently physically disabled.
Show all 80 changed rows (40 more)
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(8) Because the qualified elector’s business or occupation is providing care to the qualified elector’s parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury.
(9) Because the qualified elector is a citizen of the United States temporarily residing outside the territorial limits of the United States.
(d) For each election in which a qualified elector votes by absentee ballot under a permanent absentee status, the qualified elector shall take an oath or affirmation that the qualified elector remains eligible for permanent absentee status.
Section 2.
Amend § 3, Article V of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3.
Influencing voter;
loss of vote;
challenge;
oath and affirmation;
perjury perjury;
oath or affirmation for voting by absentee ballot.
DLS :
MJC :
AF Page 2 of 3 Released:
04/09/2025 06:51 PM (c) The oath or affirmation required under Section 4A of this Article for voting by absentee ballot is in lieu of the oath or affirmation required under this Section.
SYNOPSIS This Act is a substitute for Senate Bill No.
3.
This Act differs from Senate Bill No.
3.
in that it incorporates technical corrections made to the Delaware Constitution by House Bill No.
10 (153rd General Assembly).
Like Senate Bill No.
3, this Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and provide an absolute right to vote by absentee ballot without an excuse.
This Act is in response to the Supreme Court’s decision in Albence v.
Higgins, 2022 Del.
LEXIS 377 (Del.
2022).
Although Section 1 of this Act creates an absolute right to vote by absentee ballot without an excuse, a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status.
This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Act adopts those reasons.
For each election in which a qualified voter votes by absentee ballot under a permanent absentee status, the qualified voter must take an oath or affirmation that the qualified voter remains eligible for permanent absentee status.
Section 2 of this Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence.
This oath or affirmation is in lieu of the oath or affirmation otherwise required under Section of Article V of the Delaware Constitution.
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.
This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
Author:
Senator Brown DLS :
MJC :
AF Page 3 of 3 Released:
04/09/2025 06:51 PM 4801530088
⬇ Download PDF
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Action History

  1. Passed By Senate. Votes: 14 YES 5 NO 2 ABSENT

  2. Passed By House. Votes: 33 YES 7 NO 1 ABSENT

  3. Amendment HA 1 to SS 1 - Passed In House by Voice Vote

  4. Amendment HA 1 to SS 1 - Introduced and Placed With Bill

  5. Reported Out of Committee (Administration) in House with 3 On Its Merits

  6. Assigned to Administration Committee in House

  7. Passed By Senate. Votes: 16 YES 5 NO

  8. was introduced and adopted in lieu of SB 3

Sponsors

Sponsorship breakdown

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22 sponsors · 0 co-sponsors · 40 not signed on · 10 voted No

Sponsors (22)

Co-sponsors (0)

None.

Not signed on (40)

40 members have not signed on to this bill.

Show all 40 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

2/3

Passed 14 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 14001
Republican 0501
Total 14502
% of votes cast 67%24%0%10%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Not Voting
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Not Voting
Gerald W. Hocker Republican Nay

Official roll call →

2/3

Passed 33 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 26001
Republican 7700
Total 33701
% of votes cast 80%17%0%2%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Nay

Official roll call →

2/3

Passed 16 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 1500
Total 16500
% of votes cast 76%24%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Yea
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 3 do?
This Act is a substitute for Senate Bill No. 3. This Act differs from Senate Bill No. 3. in that it incorporates technical corrections made to the Delaware Constitution by House Bill No. 10 (153rd General Assembly). Like Senate Bill No. 3, this Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and provide an absolute right to vote by absentee ballot without an excuse. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022). Although Section 1 of this Act creates an absolute right to vote by absentee ballot without an excuse, a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status. This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Act adopts those reasons. For each election in which a qualified voter votes by absentee ballot under a permanent absentee status, the qualified voter must take an oath or affirmation that the qualified voter remains eligible for permanent absentee status. Section 2 of this Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation otherwise required under Section 3 of Article V of the Delaware Constitution. 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. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
Who sponsors SB 3?
SB 3 is sponsored by Madinah Wilson-Anton (Democratic), Brian Pettyjohn (Republican), Cyndie Romer (Democratic), Edward S. Osienski (Democratic), Eric Morrison (Democratic), Trey Paradee (Democratic), Spiros Mantzavinos (Democratic), Kerri Evelyn Harris (Democratic), Nicole Poore (Democratic), Mara Gorman (Democratic), Franklin D. Cooke (Democratic), Bryant L. Richardson (Republican), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Melanie Ross Levin, Claire Snyder-Hall (Democratic), Russell Huxtable (Democratic), William Bush (Democratic), Bryan Townsend (Democratic), Marie Pinkney (Democratic), Darius J. Brown (Democratic), and Sarah McBride.
What is the current status of SB 3?
This bill has passed the Senate. Introduced April 09, 2025. It now moves to the second chamber.
Where can I track SB 3?
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