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House approves two constitutional amendments to enshrine early voting and related changes

Delaware House of Representatives · March 26, 2026
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Summary

On March 26 the House passed two constitutional amendments (Senate substitute 1 for Senate Bill 2 and Senate substitute 1 for Senate Bill 3) that amend Article 5 of the Delaware Constitution to codify early voting and related absentee provisions; both required and received a two-thirds majority.

The Delaware House voted March 26 to pass two constitutional amendments updating Article 5 of the state constitution to formalize existing early-voting practices and related absentee rules.

Representative Bush, presenting Senate substitute 1 for Senate Bill 2, said the measure places in the constitution the state’s current early-voting practice and specifies that early voting will be available 10 calendar days before an election, including the weekend prior to Election Day. ‘‘The bill places in our constitution our current practice of early voting,’’ Representative Bush said on the floor.

Also on the floor was Senate substitute 1 for Senate Bill 3, as amended by House Amendment 1. Representative Bush explained House Amendment 1 removed permanent absentee status from the act to address concerns raised in prior debate. After roll-call votes on both measures, the clerk announced that each had secured the constitutional two-thirds majority required for passage in the House.

Senate substitute 1 for Senate Bill 2 passed after the clerk recorded the roll call and the House declared it had received its constitutional majority. Senate substitute 1 for Senate Bill 3, as amended by House Amendment 1, also passed by roll-call.

By designating early voting in the constitution, sponsors said, Delaware will formalize a practice supporters said increases access while opponents urged caution about permanence and details of absentee status. Both measures now proceed along the constitutional amendment process.