Same-day voter registration bill fails in the Delaware House, other voting legislation advances

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Delaware state lawmakers recently failed to advance legislation that would allow same-day voter registration.

State Rep. Bill Bush, D-Cheswold, is sponsoring House Bill 88, a proposed constitutional amendment that would pave the way for voters to register and vote on the same day. It would remove the time restrictions for when a resident has to be registered to vote. The current deadline is the fourth Saturday before a primary and general election.

The measure, which required the support of two-thirds of House members, failed along party lines, with 26 Democrats voting yes and 13 Republicans and one Democrat voting no. One Republican was absent. Bush switched his vote to no so the measure could be considered again before the legislative session ends later this month.

A constitutional amendment requires the General Assembly to pass it in two consecutive legislative sessions. The bill is on its first leg, or phase, of that process.

Bush argued that more than 20 states currently offer same-day voter registration. He said voters would have to show identification to register and cast their ballots, which would be considered provisional.

“What I want to do, if we get this through, is to really work with the other side and all parties here to find if we can draft a piece of legislation that we would introduce before we would do a second leg that would lay out what the requirements would be for the same-day registration,” Bush said.

State Rep. Mike Smith, R-Pike Creek, said he was a no because he was concerned it would place too much of a burden on poll workers.

“There was a large turnover once COVID hit, and you’re seeing a lot of new poll workers,” he said. “Two of the things that they really talked to me about, one, they don’t believe that they have enough training to do this — the poll workers that are actually implementing it and operationalizing it — and two, they say they don’t think they’re ready for this yet.”

Democrats are attempting to amend the state constitution after a same-day voter registration bill, signed into law by then-Gov. John Carney in 2022, was struck down by the Delaware Supreme Court the same year.

There are four other proposed constitutional amendments about voting that are being considered in the General Assembly.

• Senate Bill 2 would allow 10 days of early, in-person voting before a general or primary election. It has completed the first leg of the two legs required.
• Senate Bill 3 would allow no-excuse absentee voting. It has also completed the first leg.
• House Bill 180 would restore voting rights for those with felony convictions who have served their sentence or were pardoned. It has passed the House.
• House Bill 430 would bar corporations and other artificial entities from voting in elections. It has passed the House.