SB 22 — AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2019. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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35 sponsors
4 primary, 31 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (19 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Act enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 24 YES 17 NO
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Reported Out of Committee (Administration) in House with 3 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 14 YES 7 NO
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Reported Out of Committee (Elections, Govt. & Community Affairs) in Senate with 4 On Its Merits
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Introduced and Assigned to Elections, Govt. & Community Affairs Committee in Senate
Sponsors
- Kimberly Williams · Cosponsor
- Edward S. Osienski · Cosponsor
- Melissa Minor-Brown · Cosponsor
- Sean M. Lynn · Cosponsor
- Kendra Johnson · Cosponsor
- Debra Heffernan · Cosponsor
- Franklin D. Cooke · Cosponsor
- Nnamdi O. Chukwuocha · Cosponsor
- Stephanie T. Bolden · Cosponsor
- Ray Seigfried · Cosponsor
- Paul S. Baumbach · Cosponsor
- Gerald L. Brady · Cosponsor
- Sherry Dorsey Walker · Cosponsor
- Earl G. Jaques Jr. · Cosponsor
- Quinton Johnson · Cosponsor
- John A. Kowalko · Cosponsor
- Valerie Longhurst · Cosponsor
- Sean Matthews · Cosponsor
- John L. Mitchell · Cosponsor
- Peter C. Schwartzkopf · Cosponsor
- John J. Viola · Cosponsor
- David P. Sokola · Cosponsor
- Nicole Poore · Cosponsor
- S. Elizabeth Lockman · Cosponsor
- Stephanie L. Hansen · Cosponsor
- Darius J. Brown · Cosponsor
- Bryan Townsend · Primary
- Laura V. Sturgeon · Cosponsor
- Bruce C. Ennis · Cosponsor
- Trey Paradee · Cosponsor
- John "Jack" Walsh · Cosponsor
- Harris B. McDowell · Primary
- Anthony Delcollo · Primary
- David Bentz · Primary
- Catherine Cloutier · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 31 co-sponsors · 27 not signed on · 24 voted No
Sponsors (4)
Co-sponsors (31)
- Kimberly Williams Democratic
- Edward S. Osienski Democratic
- Melissa Minor-Brown Democratic
- Sean M. Lynn Democratic
- Kendra Johnson Democratic
- Debra Heffernan Democratic
- Franklin D. Cooke Democratic
- Nnamdi O. Chukwuocha Democratic
- Stephanie T. Bolden Democratic
- Ray Seigfried Democratic
- Paul S. Baumbach
- Gerald L. Brady
- Sherry Dorsey Walker
- Earl G. Jaques Jr.
- Quinton Johnson
- John A. Kowalko
- Valerie Longhurst
- Sean Matthews
- John L. Mitchell
- Peter C. Schwartzkopf
- John J. Viola
- David P. Sokola Democratic
- Nicole Poore Democratic
- S. Elizabeth Lockman Democratic
- Stephanie L. Hansen Democratic
- Darius J. Brown Democratic
- Laura V. Sturgeon Democratic
- Bruce C. Ennis
- Trey Paradee Democratic
- John "Jack" Walsh Democratic
- Catherine Cloutier
Not signed on (27)
27 members have not signed on to this bill.
Show all 27 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 3 | 0 | 0 |
| Democratic | 10 | 2 | 0 | 0 |
| Republican | 0 | 12 | 0 | 0 |
| Total | 24 | 17 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 0 | 5 | 0 | 0 |
| Total | 14 | 7 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Nay |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Nay |
| Harris B. McDowell | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | 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 |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 22 do?
- Act enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election.
- Who sponsors SB 22?
- SB 22 is sponsored by Kimberly Williams (Democratic), Edward S. Osienski (Democratic), Melissa Minor-Brown (Democratic), Sean M. Lynn (Democratic), Kendra Johnson (Democratic), Debra Heffernan (Democratic), Franklin D. Cooke (Democratic), Nnamdi O. Chukwuocha (Democratic), Stephanie T. Bolden (Democratic), Ray Seigfried (Democratic), Paul S. Baumbach, Gerald L. Brady, Sherry Dorsey Walker, Earl G. Jaques Jr., Quinton Johnson, John A. Kowalko, Valerie Longhurst, Sean Matthews, John L. Mitchell, Peter C. Schwartzkopf, John J. Viola, David P. Sokola (Democratic), Nicole Poore (Democratic), S. Elizabeth Lockman (Democratic), Stephanie L. Hansen (Democratic), Darius J. Brown (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), Bruce C. Ennis, Trey Paradee (Democratic), John "Jack" Walsh (Democratic), Harris B. McDowell, Anthony Delcollo, David Bentz, and Catherine Cloutier.
- What is the current status of SB 22?
- This bill has been enacted into law. Introduced February 27, 2019. Enacted.
- Where can I track SB 22?
- Track SB 22 free on One Click Politics — get push/email alerts when it moves.
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