First Leg of Constitutional Amendment to Allow No-Excuse Absentee Voting

The Delaware Senate has passed the first leg of a Constitutional amendment that would eliminate limitations on the circumstances in which voters may cast an absentee ballot. Senate Bill 3 would also 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. SB 3 also would make clear that all absentee ballots must be accompanied by an oath or affirmation that the qualified voter is free from improper influence, as required by under Article V, Section 3 of the Delaware Constitution.