SB 230 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO COMMUNITY CANVASSING.

Summary

This Act clarifies that elected officials may not be prevented from engaging in constituent relations and that candidates for public office or staff or volunteers may not be prevented from engaging in election-related or similar activities in residential communities.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill prohibits residential property covenants and community rules from restricting access for elected officials and candidates for public office to engage with constituents and conduct election-related activities.

• § 318, Title 25

  No covenant, restriction, or condition contained in a deed or declaration, including a declaration under the Unit Property Act [Chapter 22 of this title], for residential property may impose a restriction or may form the basis for a rule that does any of the following: → No covenant, restriction, or condition contained in a deed or declaration, including a declaration under the Unit Property Act [Chapter 22 of this title], for residential property may impose a restriction or may form the basis for a rule that does any of the following:

  This change clarifies the prohibitions against restrictions on elected officials and candidates accessing residential properties.

• § 318, Title 25

  Prohibits the access of elected officials from entering the community for the purpose of meeting with their constituents. → Prohibits the access of elected officials from entering the community for the purpose of meeting with their constituents.

  This explicitly states that residential property covenants cannot prohibit elected officials from meeting with constituents.

• § 318, Title 25

  Prohibits candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes: → Prohibits candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes:

  This ensures candidates cannot be barred from entering residential areas to engage in voter registration or campaigning.

• § 7018, Title 25

  A community owner may not make a rule or take any action which does any of the following: → A community owner may not make a rule or take any action which does any of the following:

  This establishes that community owners cannot create rules restricting access for elected officials and candidates.

• § 7018, Title 25

  Prohibits the access of elected officials from entering the community spaces for the purpose of meeting with their constituents. → Prohibits the access of elected officials from entering the community spaces for the purpose of meeting with their constituents.

  This reinforces that elected officials cannot be denied access to meet constituents in community spaces.

• § 7018, Title 25

  Prohibits candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes: → Prohibits candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes:

  This prevents the community owner from blocking candidates from participating in elections within the community.

• § 81-320, Title 25

  No rule may do any of the following: → No rule may do any of the following:

  This establishes a standard that no community rule can restrict access of officials and candidates.

• § 81-320, Title 25

  Prohibit the access of elected officials from entering the community for the purpose of meeting with their constituents. → Prohibit the access of elected officials from entering the community for the purpose of meeting with their constituents.

  This ensures that elected officials maintain the ability to meet constituents in community settings.

• § 81-320, Title 25

  Prohibit candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes: → Prohibit candidates for public office, their staff or volunteers, or representatives from registered political parties from entering the community for any of the following purposes:

  This prohibits community rules from restricting candidates from engaging with voters.

Action History

1. March 27, 2024

   Reported Out of Committee (Elections & Government Affairs) in Senate with 1 Favorable, 5 On Its Merits

2. February 29, 2024

   Introduced and Assigned to Elections & Government Affairs Committee in Senate

Sponsors

• Madinah Wilson-Anton · Primary
• Cyndie Romer · Primary
• Eric Morrison · Primary
• Laura V. Sturgeon · Primary
• Brian Pettyjohn · Primary
• Trey Paradee · Primary
• Russell Huxtable · Primary
• Kendra Johnson · Primary
• Kyra L. Hoffner · Primary
• Stell Parker Selby · Primary
• Paul S. Baumbach · Primary
• Sherry Dorsey Walker · Primary
• Sarah McBride · Primary

Subjects