Const. Amend/First Leg/Voting/No-Excuse Absentee
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SS 1 for SB 3 w/ HA 1 — Const. Amend/First Leg/Voting/No-Excuse Absentee
Last action — Passed
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 has passed the Senate. Introduced April 24, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed Senate
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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
We don't have the full text on file for this bill yet.
Read SS 1 for SB 3 w/ HA 1 on the official Delaware source →Action History
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Passed
Sponsors
- Darius J. Brown · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 61 not signed on · 12 voted No
Sponsors (1)
- Darius J. Brown Democratic
Co-sponsors (0)
None.
Not signed on (61)
61 members have not signed on to this bill.
Show all 61 →"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 |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 0 | 5 | 0 | 1 |
| Total | 14 | 5 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 0 | 0 | 1 |
| Republican | 7 | 7 | 0 | 0 |
| Total | 33 | 7 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 1 | 5 | 0 | 0 |
| Total | 16 | 5 | 0 | 0 |
| % 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 |
Subjects
Frequently asked questions
- What does SS 1 for SB 3 w/ HA 1 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 SS 1 for SB 3 w/ HA 1?
- SS 1 for SB 3 w/ HA 1 is sponsored by Darius J. Brown (Democratic).
- What is the current status of SS 1 for SB 3 w/ HA 1?
- This bill has passed the Senate. Introduced April 24, 2026. It now moves to the second chamber.
- Where can I track SS 1 for SB 3 w/ HA 1?
- Track SS 1 for SB 3 w/ HA 1 free on One Click Politics — get push/email alerts when it moves.
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