First leg of constitutional absentee voting amendment passes

A bill seeking to codify no-excuse absentee voting passed its first hurdle April 14, receiving two-thirds General Assembly approval, and it needs to pass by the same margin next session to be added to the state’s constitution.

Senate Bill 3, sponsored by Sen. Darius Brown, D-Wilmington, with support from Rep. Claire Snyder-Hall, D-Rehoboth Beach, and Sen. Russ Huxtable, D-Lewes, passed the Senate 14-5 with two absent. A House amendment removed permanent absentee status from the original bill when it was passed by the House March 26 by a vote of 33-7 with one absent. The bill adopts permanent absentee status allowed by existing law.

In 2022, the Delaware Supreme Court ruled a vote-by-mail bill, passed by a simple majority, was unconstitutional.

SB 3 would create an absolute right to vote by absentee ballot without an excuse. Under the bill, 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. 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, according to the bill.

The bill also states that it requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. 

To be eligible for permanent absentee voting status, a registered voter must meet one of the following requirements: 

• A person's business or occupation is providing care to his or her parent, spouse or child who is living at home and requires constant care due to illness, disability or injury