AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.
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SB 233 — AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.
Last action — Tabled in Committee
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
In January 2021, of the 57 municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election: Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming. Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so. The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election. While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters. A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
What changed in the latest version
61 added · 8 removed61 line(s) added, 8 removed.
Lockman DELAWARE& STATERep. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Shupe TO& SENATERep. BILL NO.
233Bentz AMENDSens. Senate Bill No.
233S. on line 38 by deleting "January 1, 2024" before the period therein and inserting in lieu thereof "July 1, 2024".
SYNOPSISMcBride, ThisPinkney; Amendment delays the implementation of the Act until July 1, 2024.
Reps.
Baumbach, K.
Johnson, Minor-Brown, Morrison, Wilson-Anton DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
233 AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.
Amend § 7554, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7554.
Voter eligibility.
(a)(1)Voter eligibility shall be as specified within the town charter;
provided however, that in no event shall a municipality impose a durational residency requirement in excess of 30 days.
Except as provided under this section, a person’s eligibility to vote in a municipality’s election is as specified in the municipality’s charter.
(2) A municipality may not impose a durational residency requirement in excess of 30 days.
(3) A resident of a municipality registered to vote for state elections is registered to vote for the municipality’s elections.
(b) A municipality that uses shall use the State’s Voter Registration System as the source of its the municipality’s list of registered voters must resident voters.
The municipality shall enter into a written agreement with the Department of Elections that specifies the responsibilities of each party relating to registering voters, maintaining voter records records, and providing Election Day support.
The deadline for voter registration shall must be no more than 30 days prior to any before a scheduled municipal election, and timeliness shall be determined in accordance with election.
The timeliness of a registration under this subsection is determined under § 2036(1) and (2) of this title.
(c) If a municipality permits voting by nonresidents, the municipality shall maintain the municipality’s own voter registration system as the source of the municipality’s list of registered nonresident voters.
A municipality that maintains its own voter registration system shall publish and post a schedule of when eligible citizens nonresident voters may register to vote.
The deadline for voter registration shall must be no more than 30 days prior to any before a scheduled municipal election, and timeliness shall be determined in accordance with election.
The timeliness of a registration under this subsection is determined under § 2036(1) and (2) of this title.
The municipality shall provide eligible citizens nonresident voters a reasonable opportunity to register to vote.
LC :
MJC :
ATB Page 1 of 2 Released:
02/28/2022 09:15 AM (d) Persons A person appearing to vote shall present proof of identity and address.
The Except as provided under subsection (e) of this section, the identification shall must be 1 or more of the following items that individually or together show the identity and address of the person:
(1) A current State of Delaware driver’s license or ID card;
card.
(2) A uniformed service ID card;
card.
(3) Another current photo ID issued by the State of Delaware;
U.S.
Government;
Show all 59 changed lines (19 more)
or the voter’s person’s employer, high school school, or higher education institution;
institution.
(4) A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or statement;
statement.
(5) A lease or sales agreement;
and/or agreement.
(6) Any other documentation that a person can reasonably and commonly accept as proof of identity and address.
(e) Personal recognition by a majority of the Election Officers in the polling place can attest to a voter’s identity and address.
Section 2.
This Act takes effect immediately and is to be implemented for municipal elections held on or after January 1, 2024.
SYNOPSIS In January 2021, of the 57 municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election:
Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming.
Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so.
The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election.
While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters.
A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
CMATB Page 12 of 12 Released:
03/22/202202/28/2022 11:1509:15 AM 48015101642521510025
Show all 59 changed rows (19 more)
Action History
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Tabled in Committee
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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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Amendment SA 1 to SB 233 - Passed By Senate. Votes: 19 YES 2 ABSENT
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Amendment SA 1 to SB 233 - Introduced and Placed With Bill
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Reported Out of Committee (Elections & Government Affairs) in Senate with 2 Favorable, 4 On Its Merits
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Introduced and Assigned to Elections & Government Affairs Committee in Senate
Sponsors
- S. Elizabeth Lockman · Primary
- Bryan W. Shupe · Primary
- Marie Pinkney · Cosponsor
- Kendra Johnson · Cosponsor
- Paul S. Baumbach · Cosponsor
- Sarah McBride · Cosponsor
- David Bentz · Primary
- Melissa Minor-Brown · Cosponsor
- Eric Morrison · Cosponsor
- Madinah Wilson-Anton · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 7 co-sponsors · 52 not signed on · 7 voted No
Sponsors (3)
- S. Elizabeth Lockman Democratic
- Bryan W. Shupe Republican
- David Bentz
Co-sponsors (7)
- Marie Pinkney Democratic
- Kendra Johnson Democratic
- Paul S. Baumbach
- Sarah McBride
- Melissa Minor-Brown Democratic
- Eric Morrison Democratic
- Madinah Wilson-Anton Democratic
Not signed on (52)
52 members have not signed on to this bill.
Show all 52 →"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 | 3 | 2 | 0 | 0 |
| Democratic | 11 | 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 |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Nay |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | 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 |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | 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 |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 233 do?
- In January 2021, of the 57 municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election: Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming. Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so. The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election. While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters. A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors SB 233?
- SB 233 is sponsored by S. Elizabeth Lockman (Democratic), Bryan W. Shupe (Republican), Marie Pinkney (Democratic), Kendra Johnson (Democratic), Paul S. Baumbach, Sarah McBride, David Bentz, Melissa Minor-Brown (Democratic), Eric Morrison (Democratic), and Madinah Wilson-Anton (Democratic).
- What is the current status of SB 233?
- This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 233?
- Track SB 233 free on One Click Politics — get push/email alerts when it moves.
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