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Absentee voting amendment in limbo

Republicans defeat amendment, but sponsor could still restore it
June 18, 2021

A bill meant to expand absentee voting failed along party lines June 10, but could still be brought back through procedural moves before the legislative session ends this month.

Defeated by a 25-14 vote with two not voting, House Bill 75, sponsored by Rep. David Bentz, D-Christiana, was the second leg of a constitutional amendment that would eliminate limitations for an individual to vote by absentee ballot. The bill states it would allow the General Assembly to enact general laws providing the circumstances, rules, and procedures for absentee voting.

“While the proposed amendment had some support from our caucus on its first leg during the 150th General Assembly, in the time since then, many of our members reexamined it and began expressing significant reservations,” said state House Minority Leader Rep. Danny Short, R-Seaford.

Instead of creating a no-excuse system for absentee voting, Short said, the bill eliminates from the state constitution the provisions authorizing absentee voting, giving the General Assembly the ability to enact new laws to re-create it in whatever fashion legislators see fit.

“That change significantly lowers the bar for majority Democrats to manipulate the law, with no Republican votes needed,” Short said. “Using that power, I believe they intend to turn no-excuse absentee voting into a vote-by-mail system – a scheme that will benefit Democrats.”

Jane Brady, chairwoman of the Delaware Republican Party, applauded the bill’s defeat.

“I am pleased that this amendment has not yet passed. Few people realize how significantly this amendment would change voting in Delaware, removing the protections in our constitution and replacing them with the whim of the General Assembly.”

As a constitutional amendment, the bill needs a two-thirds vote to pass – 28 votes in the House, 14 in the Senate. The first leg of the bill initially passed the House in 2019 by a 38-3 vote. Republican Reps. Rich Collins, Millsboro; Jeffrey Spiegelman, Clayton; and Lyndon Yearick, Camden, voted against it.

Three months later on July 1, the bill failed to get the two-thirds of votes needed in the Senate, failing by an 11-8 vote with one not voting and one absent. No Republicans voted for the bill at the time.

But in a procedural move, the July vote was rescinded, and on Jan. 16, 2020, the bill was restored, this time passing with a 14-5 vote, with one not voting and one absent. Sen. Ernie Lopez, R-Lewes, was the only Republican to vote for the bill.

Bentz said the bill passed last session was exactly the same as the bill defeated June 10.

“Delaware would become one of 35 states allowing for no-excuse absentee voting. We have had absentee voting in Delaware in some form for 60 years, and it has always been safe and reliable,” he said. “The only thing that has changed is the political rhetoric around it, which is built on a concerted disinformation campaign.”

Short said Republicans repeatedly shared concerns about the bill with House Majority Leader Rep. Valerie Longhurst, D-Bear, who refused to allow three Republican bills on the House agenda after Republicans voted down the absentee voting bill.

“Any doubt about the partisan nature of this issue was erased after today’s vote,” Short said. “Rep. Longhurst refused to allow any of those bills to be voted on in an act of retribution for the Republican vote on HB 75. We may not have seen the last of this bill, but House Democrats have given us even less reason to trust their good intentions on this issue.”

After voting for the bill, Longhurst changed her vote to no, leaving open the possibility to rescind the June 10 vote and restore the bill. She has three legislative days to make a procedural move and rescind the roll-call vote, said Drew Volturo, deputy chief of staff for communications for the House Democrats.

“She could rescind the vote and we could table the bill, basically punting it back to the ready list for whenever we can rustle up the two votes we need,” he said. “If she doesn't restore and rescind in three legislative days, then the roll call is final and the bill would be dead.”

Volturo said Longhurst would have to do something by June 23 or 24 before the legislative day could be changed through another procedural move.

“So something needs to happen this month to resuscitate the bill,” he said.

Other recent legislative business includes:

Unfair business practices bill passes General Assembly

A bill that would protect Delawareans from unfair business practices has passed the General Assembly and now awaits Gov. John Carney's signature.

House Bill 91 amends Delaware’s Consumer Fraud Act to explicitly add unfair practices to the list of prohibited practices – Delaware is one of six states that does not explicitly ban these practices.

Price gouging would also be made illegal by the bill. Other unfair acts prohibited by the bill include high-pressure sales tactics, coercive conduct, hidden affordability, and unethical post-sale tactics.

The bill passed the House 39-0 with two absent on May 13, and passed the Senate 17-4 on June 15.

Ghost gun bill moves closer to law

A bill that would make ghost guns illegal passed the Senate June 15, sending it to Gov. John Carney to sign into law.

House Bill 125 would criminalize the possession, sale and manufacturing of ghost guns, a term that refers to firearms with no serial numbers or other identifying marks, making them untraceable by law enforcement and often undetectable by metal detectors.

Ghost guns can be made at home using kits or 3D printers, can be sold by unlicensed dealers, and can be purchased without a background check – a loophole that enables people prohibited from possessing a firearm to circumvent laws in place to keep them from acquiring guns.

The bill passed the House 23-18 on May 20, and passed the Senate 13-8 on June 15.

Bill prohibits gun purchases by those facing felony, domestic violence charges

A bill that would prohibit someone from purchasing a firearm if they know they are the subject of an outstanding arrest warrant or an active indictment related to a felony or misdemeanor crime of domestic violence has passed the General Assembly.

House Bill 124 now awaits Gov. John Carney's signature in order to become law. The bill unanimously passed the House May 18, and passed the Senate 14-6 with one not voting on June 15.

Delaware law currently bars the subject of a protection-from-abuse order from purchasing a firearm; however, the bill would close a loophole that exists for the subjects who were not present when the PFA was ordered by a judge, even if they know the PFA exists.

 

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