Senate Bills 2 and 3 passed the Delaware house on March 26, 2026, a significant step to protect voting rights in Delaware. SB 2 protects early in-person voting, while SB 3 seeks to allow no-excuse absentee voting. Our state currently has early voting, but it is vulnerable to lawsuits due to wording in the state constitution. Delaware currently allows voting by absentee ballot only for specifically listed reasons.
Both bills require amending the state constitution, so must be passed in two separate sessions of the General Assembly, by two-thirds vote of both houses, to take effect.
Here is a full statement by the Delaware Voting Rights Coalition (DVRC):
Today, the Delaware House of Representatives took a meaningful step toward expanding access to the ballot for Delaware voters by passing Senate Substitute 1 for Senate Bill 2 (SS 1 for SB 2), legislation that will guarantee that early in-person voting is safeguarded, and Senate Substitute 1 for Senate Bill 3 with House Amendment 1 (SS 1 for SB 3 w/ HA 1), legislation that ensures any eligible voter can cast an absentee ballot.
Our coalition firmly believes that one thing is at the very core of our democracy: choice. SS 1 for SB 2 and SS 1 for SB 3 w/ HA 1 ensure that Delaware voters can decide what method of casting their ballot — early, absentee, or on Election Day — best fits their individual needs. Together, these bills enhance Delaware's election integrity and security, increase voter participation, and make our elections more accessible and representative of our entire state.
We are grateful to the bills’ primary sponsor, Senator Darius Brown, as well as additional sponsors and co-sponsors for their commitment to seeing these bills through two consecutive legislative sessions. We also extend our sincere thanks to legislators from both sides of the aisle, who chose to support policies that put Delaware voters first.
We remain committed to advocating for other key voting rights bills during this legislative session, including House Bill 88, legislation that removes constitutional barriers which currently prevent same-day voter registration, and House Bill 180, legislation that restores voting rights for people who have served their sentences for a felony.
Our work doesn’t end here. Our coalition will continue to push for policies that remedy barriers to the ballot box — including reforms like permanent absentee voting, which was disappointingly amended out of SS 1 for SB 3 w/ HA 1 despite being a critical component for increasing turnout among populations like voters with disabilities.
We look forward to continuing to work alongside state legislators to ensure the full passage of these constitutional amendments in 2027.
SB 2 and SB 3 passed the Delaware Senate in April of 2025 and passed the Delaware House on March 26, 2026. SB 3 passed with an amendment, HA 1 removing permanent absentee language from the bill, so it will have to go back to the Senate again for final approval. Separate legislation will be drafted regarding permanent absentee ballots for Delaware residents who require them.
Learn more about the Delaware Voting Rights Coalition here: Delaware Voting Rights Coalition - ACLU of Delaware. The League of Women Voters of Delaware (LWVDE) is proud to be a member of the DVRC.
