Bill

Bill > HB395


DE HB395

DE HB395
An Act To Amend Title 15 Of The Delaware Code Relating To Municipal Elections.


summary

Introduced
06/02/2016
In Committee
06/16/2016
Crossed Over
06/16/2016
Passed
07/01/2016
Dead
Signed/Enacted/Adopted
08/10/2016

Introduced Session

148th General Assembly

Bill Summary

Pursuant to longstanding United States Supreme Court precedent, it is unconstitutional to require a person to be a resident of the voting state, district, or municipality for any length of time that exceeds the time necessary to effectively register voters prior to an election. See Marston v. Lewis, 410 U.S. 679 (1973); Dunn v. Blumstein, 405 U.S. 330 (1972). In Delaware, 30 days prior to the election is the current deadline for registering to vote in statewide and national elections. 15 Del. C. 2036. This bill would prohibit any municipality from enacting or maintaining any durational residency or property ownership requirement for voting eligibility, and sets the maximum deadline for registration at 30 days prior to a municipal election. This will bring Delaware’s municipal voting laws in line with federal constitutional standards.

AI Summary

This bill amends Delaware law to ensure that municipal elections comply with federal constitutional standards regarding voter eligibility, specifically by prohibiting any municipality from requiring voters to have lived in the municipality for longer than 30 days before an election, and also disallowing any property ownership requirements for voting. It also sets a uniform deadline for voter registration in municipal elections, which must be no later than 30 days before the election, aligning these rules with those for statewide and national elections and bringing Delaware's municipal voting laws in line with Supreme Court precedents that prevent excessive durational residency requirements for voting.

Committee Categories

Government Affairs

Sponsors (10)

Last Action

Signed by Governor (on 08/10/2016)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...