HB 88 Delaware House · 153rd General Assembly (2025-2026)

AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Summary
This Act is the first leg of a constitutional amendment to allow the General Assembly to enact laws for the registration of voters without restrictions on the time period in which registration must be closed prior to an election. It also requires the General Assembly to provide by law for means to ensure the accuracy and integrity of voter registration. This Act is in response to the Supreme Court’s decision in Albence v. Higgin, 2022 Del. LEXIS 377 (Del. 2022) which found a same-day registration statute to be “incompatible with Section 4 [of Article V of the Constitution]’s registration deadline and its relationship to the appeal and correction process.” Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. House Substitute No. 1 to House Bill No. 88 restores language requiring voters to be registered in order to vote at a general election that was mistakenly struck from the original bill. It also updates the section to conform to technical revisions made by 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
Bill status failed 2 of 4 stages cleared
Introduction
Jun 2026
Committee Review
House Failed
Jun 2026
Governor
Introduced Jun 4, 2026 Last action Jun 16, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HS 1 for HB 88 Bill Text · 6 edits
MODERATE
HB 88 was transformed from a minor technical correction (fixing 'such' to 'such a') into a full constitutional amendment to Article V, Section 4 of the Delaware Constitution regarding voter registration. The new version removes the constitutionally fixed time window for registration days before general elections, giving the General Assembly flexibility to set registration deadlines by statute. It also adds a requirement that the legislature provide means to ensure the integrity and accuracy of voter registration. This is in response to the 2022 Delaware Supreme Court decision in Albence v. Higgin, which struck down same-day registration as incompatible with the old constitutional deadline.
Scope change
Expanded from a minor textual correction to a comprehensive constitutional amendment governing voter registration timing, integrity requirements, and the relationship between registration and voting eligibility across different types of elections.
SCOPE

The bill changed from a one-word technical correction to a full proposed amendment of Article V, Section 4 of the Delaware Constitution, fundamentally altering how voter registration timing is governed.

Clarification added that registration is a prerequisite for voting only at general elections (where Representatives are chosen), unless the General Assembly provides otherwise by law - potentially allowing different rules for other election types.

REQUIREMENT

The fixed constitutional time window for registration days (between 60-120 days before and 10-20 days before general elections) was removed, replacing it with a general mandate that the General Assembly enact uniform laws for voter registration without specifying a deadline.

A new requirement was added that the General Assembly shall provide by law means to ensure the integrity and accuracy of voter registration.

ENFORCEMENT

The appeal and correction process was retained but restructured into a new subsection, with the judge's authority to correct the registry preserved.

TIMELINE

The bill requires two-thirds approval of each house to pass, as required for constitutional amendments under Article XVI, Section 1 of the Delaware Constitution. It also notes that passage must be repeated by the next General Assembly after the next general election.

Floor votes · House Jun 16, 2026

How they voted

2614
Failed · 1 other
Total votes 41
Jun 16, 2026
D Democratic27
26 Yea 1 Nay
96% Yea
R Republican14
13 Nay 1
92% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
0
Amendments
2
Jun 16, 2026
Lower · Passed
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
lower
Jun 16, 2026
Introduced
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
lower
Jun 16, 2026
Vote failed
House Vote: fail (26-14-1)
house
Jun 4, 2026
Introduced
was introduced and adopted in lieu of HB 88
lower
5 primary · 0 co-sponsors

Sponsors