Elections and Government Affairs

This Act makes security expenses an authorized campaign expenditure. The security expenses must be: (1) related to ensuring the safety of the candidate; and (2) associated with the candidate’s activities, duties, or status as a candidate or elected official. Security expenses include home or office electronic security systems, personal security, and other security-related equipment or devices for a candidate. Security expenses may not be used to purchase firearms. This Act requires that the Commissioner promulgate rules to implement this Act within 3 months.

This Act updates Chapter 57 of Title 15 to reflect modern voting procedures. These updates are necessary because Chapter 57 of Title 15 provides the requirements under which the Superior Court (Court) performs its duties under § 6 of Article V of the Delaware Constitution to certify the results of each general election. As such, the requirements under this Chapter need to align with all of the current ballots and methods by which votes are cast to ensure that the results of general elections are properly certified and not subject to challenge. Specifically, this Act does all of the following: • Aligns terms and definitions with current law and the updates that will be enacted under Senate Bill No. 266 (153rd General Assembly). • Adds early voting ballots and provisional ballots to the materials that the Department of Elections must provide to the Court. • Explains that the Court certifies the results of the election by tabulating the votes cast. • Consolidates the requirements for the contents of certificates of elections and the delivery of those certificates to provide clarity and repeal contradictory and unnecessary provisions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.

This Act provides updates to Title 30 relating to the Realty Transfer Tax. First it clarifies that the exception for spouses is not solely limited between a husband and wife and instead applies to spouses in general. It also adds an exception for conveyances between grandparents and their grandchildren or the spouse of such a grandchild.

House Bill No. 155 provided that State Public Integrity Commission reports be made available to the public on the Commission's website. House Substitute 1 for HB 155 clarified that reports filed with the State Public Integrity Commission, as well as those prepared by it, must be published on the Commission’s website. It also changes the effective date of the Act to January 1 after its enactment into law. House Substitute 2 for HB 155 does all of the same, as well as adds a requirement that public officers annually report in their financial disclosure report to the Public Integrity Commission, which will be published by the Commission, any travel expenses which include transportation, lodging, entertainment, food and beverage, which in aggregate total in excess of $250, paid for by any third party, not including the State. The recipient may rely on representations of value made by the source of the expense payments.