HB 301 — AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

Morrison HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Lockman TOReps. HOUSE SUBSTITUTE NO.

Gorman, Berry, Harris, Romer;

Sens.

Sokola, Sturgeon HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.

301 AN ACT TO AMEND HouseTITLE Substitute15 No.OF THE DELAWARE CODE RELATING TO ELECTIONS AND CRIMINAL OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 5138, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5138.

Breach of peace or violence peace, violence, or interference with electors on election day;

penalty.

(a) Whoever It is unlawful, on any day of election or early in-person voting or during the reading and counting of the votes cast thereat causes any breach of the peace or uses to engage in any of the following with the intent to impede or interfere with the election:

(1) The use of any violence or threats of violence whereby any such election or reading and counting of ballots is impeded or hindered or whereby the lawful proceedings of election officers or challengers at such election are interfered with at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted.

(2) A breach of peace at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted.

(3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector of this State from or in the exercise of the elector’s right to vote.

(b) shall be fined not more than $200 or imprisoned not more than 2 years, or both.

A violation of subsection (a) of this section is a class G felony.

SYNOPSIS House Substitute No.

301301, bylike deletingthe lineoriginal, 3updates inthe itsexisting entiretycrime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in- person voting or during the reading and insertingcounting inof lieuballots thereofwith the following:intent to impede or interfere with the election:

Ҥ(1) 5138.The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted;

Breach(2) A breach of peace at or violencenear onthe electionHD day;:

Violence,KL threat: of violence, interference with electors;

penalty.”.DS Page 1 of 2 Released:

FURTHER03/24/2026 AMEND11:37 HouseAM Substitutesame No.places;

1and for(3) HouseHindering, Billcontrolling, No.coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote.

301A byviolation deletingof linesthe 11statute andis 12a inclass theirG entirety.felony.

FURTHERThis AMENDsubstitute Housediffers Substitutefrom No.the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts.

1It foralso Houseadds Bill“any No.other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited.

301It onadds linethe 13third byact deletingof “(3)”“hindering, andcontrolling, insertingcoercing or intimidating a voter" from or in lieuexercising thereoftheir “(2)”.right to vote as a prohibited act.

SYNOPSIS This House Amendment to House Substitute No.

1 for House Bill No.

301 removes engaging in a “breach of peace” from the actions that constitute an offense under § 5138 of Title 15.

SCDDS Page 12 of 12 Released:

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