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HB 88 DE
Introduced

AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

DE · session 153 · Assembly / House · bill

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Introduced Jun 4, 2026

Latest action (Jun 16, 2026) Defeated By House. Votes: 26 YES 14 NO 1 ABSENT

Summary

This Act is the first leg of a constitutional amendment to allow the General Assembly to enact laws for the registration of voters without restrictions on the time period in which registration must be closed prior to an election. It also requires the General Assembly to provide by law for means to ensure the accuracy and integrity of voter registration. This Act is in response to the Supreme Court’s decision in Albence v. Higgin, 2022 Del. LEXIS 377 (Del. 2022) which found a same-day registration statute to be “incompatible with Section 4 [of Article V of the Constitution]’s registration deadline and its relationship to the appeal and correction process.” 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. House Substitute No. 1 to House Bill No. 88 restores language requiring voters to be registered in order to vote at a general election that was mistakenly struck from the original bill. It also updates the section to conform to technical revisions made by 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5. 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.

Sponsors (5)

Action history (4)

  1. Jun 4, 2026 was introduced and adopted in lieu of HB 88 · lower
  2. Jun 16, 2026 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
  3. Jun 16, 2026 Amendment HA 1 to HS 1 - Passed In House by Voice Vote · lower
  4. Jun 16, 2026 Defeated By House. Votes: 26 YES 14 NO 1 ABSENT · lower

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