Technology

This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or curing deficient absentee ballots. Section 1 revises the terms and definitions for Title 15 as follows: • Repeals obsolete terms. • Revises current terms and definitions to accurately reflect the organization of the Department of Elections (Department), the use of electronic voting systems, and conform to drafting standards. • Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s election laws. Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. This section specifically provides for all the following: • An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional residence associated with real property. • An individual does not lose their place of residence if the individual intends to return after an absence, such as for education, military service, incarceration, or obtaining or providing medical care. • If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facia evidence of a change in residence. • An individual’s residence changes and the individual forms a new residence if the individual inhabits a new location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on residence at a new location. • How a dispute regarding an individual’s place of residence is determined and appealed. Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c. 170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing improvements to voting technology. Specifically, these updates: • Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15. • Provide for the designation of the software, which includes the version of that software, that must be installed on voting devices before each statewide general election. • Expands the criteria that must be considered when designating the software that must be used on voting devices, including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides certainty and stability instead of relying on the continued existence of a federal certifying entity. • Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner (Commissioner) must designate the software required for the next statewide general election and that this software can be used for elections held during the next 2 years. • Explicitly allows the Commissioner to change the designated version of voting device software if necessary to address a material security flaw in the previously designated software. • Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15. • Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals language about party designees that is obsolete because this testing is open to the public. • Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections. The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits). The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections. • Repeals provisions that unnecessarily repeat requirements in other sections. Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section 1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for tabulating absentee ballots under § 5510 of Title 15. Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15. Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically, Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to align with the revisions under Section 1 of this Act. Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15. Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the revisions under Section 1 of this Act. Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows: • Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act. • Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is followed for primary elections and repealing confusing language. • Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot. Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of Title 15. Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act amends the Delaware Personal Data Privacy Act (DPDPA), Chapter 12D of Title 6, originally enacted in 2023, to more closely align the DPDPA with similar consumer data protection laws enacted in other states. This Act amends the applicability threshold of the DPDPA to entities who process the personal data of not less than 15,000 consumers, which on a population percentage basis closely aligns to thresholds in Connecticut and New Jersey. This Act amends Gramm-Leach-Bliley Act (GLBA) applicability exemptions, adopting approaches to financial data in similar laws in Connecticut, Montana, and Oregon, by exempting all data regulated by GLBA while limiting entity-level exemptions specifically to banks and insurers and their respective affiliates. This Act introduces contracting and due diligence requirements where businesses sell or disclose personal data to third parties and also harmonizes several DPDPA business requirements and consumer rights with personal data privacy laws in other states. This Act also makes technical changes to existing law to conform to the standards of the Delaware Legislative Drafting Manual.

This Act requires that meetings of the Public Service Commission be livestreamed virtually and requires that members of the public have the opportunity to comment virtually.

This resolution designates May 21, 2026, as "Global Accessibility Awareness Day" in the State of Delaware, affirms the importance of making the internet and technology accessible to all, and encourages expanded efforts to keep Delaware residents properly informed about the need for equitable digital access and inclusion.

This Resolution establishes the Blockchain and Digital Innovation Task Force, established for the purpose of examining opportunities to maintain and enhance Delaware’s position as a leader in blockchain and digital innovation, and identifying how to attract and retain businesses engaged in digital assets and related technologies, while developing appropriate consumer protections and regulatory clarity. The Task Force is to prepare and deliver a final report to the General Assembly and the Governor concerning its findings and recommendations, if any, for maintaining Delaware’s competitive position in business law and digital innovation, no later than July 1, 2027.

This bill designates March 25, 2026, as Women and Girls in STEM Day in the State of Delaware. It is a symbolic resolution that does not create new laws or require funding, but instead recognizes the importance of encouraging women and girls to pursue careers in science, technology, engineering, and mathematics. The measure was passed by both the Senate and the House of Representatives and serves as an official state recognition rather than a policy change.

HB 64 requires Delaware school boards to provide remote access for public participation in meetings, directly affecting school board members and community residents. The bill mandates that meetings include a functional online platform - such as live streaming or video conferencing - allowing the public to view proceedings and submit comments remotely. This change ensures that residents who cannot attend in person, including those with mobility challenges or during emergencies, can engage with school governance. The provision applies to all regular and special school board meetings under Delaware law. It focuses on practical accessibility without altering school policies or funding.

This Joint Resolution directing the Artificial Intelligence Commission to work in collaboration with the Secretary of State to create a regulatory sandbox framework for the testing of innovative and novel technologies that utilize agentic artificial intelligence.

This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.

This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.