WASHINGTON, D.C. — On Thursday, May 4, the Delaware Senate approved a constitutional amendment to allow no-excuse mail-in voting. Currently, the Delaware Constitution only allows voters with a few specified excuses, like a sickness or a disability, to vote by mail. Senate Bill 3, however, would amend the constitution to remove these limitations and give the state Legislature the power to pass laws permitting anyone to vote by mail.
In 2022, Delaware enacted a law authorizing all Delaware voters to cast their ballots by mail, but conservative groups subsequently challenged this law in court, arguing that allowing anyone to vote by mail violated the state constitution. In October 2022, the Delaware Supreme Court agreed, striking down the law. As a result of the court’s decision, the only way for Delaware to allow mail-in voting would be through an amendment.
Passing the Senate is just the first step in amending the Delaware Constitution. S.B. 3 will also need to be approved by two-thirds of the Delaware House. Then, the amendment will have to be approved again by two-thirds of both chambers after the next election.