Del. Senate passes first leg of amendment to allow no-excuse absentee voting

DOVER, Del. – The Delaware Senate has passed the first leg of a Constitutional amendment that would eliminate limitations on the circumstances in which voters would be allowed to cast an absentee ballot.

Senate Bill 3 would remove the limited circumstances under which the Delaware Constitution currently allows absentee voting and allow the General Assembly to set new rules and procedures through future legislation, the only path to no-excuse absentee voting permissible under the 2022 Delaware Supreme Court case, Albence v. Higgin.

The bill would also make it clear that all absentee ballots must be accompanied by an oath or affirmation that the qualified voter is free from improper influence, as require by under Article V, Section 3 of the Delaware Constitution.

Nearly 70% of eligible voters in the U.S. live in a state with no-excuse absentee voting, and Delaware is currently one of the only Mid-Atlantic states that require an excuse to vote absentee. New Jersey, Maryland, Pennsylvania, Virginia, and Washington D.C. all over a safe and secure non-excuse absentee ballot option.

SB 3 now heads to the House for consideration.