Bill Text: DE HB440 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act Proposing An Amendment To Article Xvi Of The Delaware Constitution Relating To Constitutional Amendments.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-06-12 - Adopted in lieu of the original bill HB 440, and Assigned to Administration Committee in House [HB440 Detail]
Download: Delaware-2025-HB440-Draft.html
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SPONSOR: |
Rep. Harris & Sen. Hoffner |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 440
AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO CONSTITUTIONAL AMENDMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Article XVI of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1. Proposal and concurrence of Constitutional amendments in General Assembly; by General Assembly and concurrence by qualified electors or General Assembly; procedure.
Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of all the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and such proposed amendment or amendments must be disseminated to the public not more than 120 days before the next general election and not less than 90 days before the next general election as provided for by an Act of the General Assembly; and if in the General Assembly next after the election such proposed amendment or amendments shall upon yea and nay vote be agreed to by two-thirds of all the members elected to each House, the same shall thereupon become part of the Constitution.
(1) The General Assembly may propose an amendment to this Constitution by introducing the proposed amendment in the Senate or House of Representatives, passing the proposed amendment by the affirmative vote of two-thirds of all members elected to each House, and submitting the proposed amendment to the qualified electors of this State at the next general election for concurrence. If the qualified electors do not concur by the required percentage of those voting on the proposed amendment under paragraph (7) of this Section, the proposed amendment may become part of this Constitution by concurrence of the General Assembly as provided under paragraph (9) of this Section.
(2) The proposed amendment must include all of the following in the Act proposing the amendment:
a. The text of the proposed amendment.
b. The text of the question regarding the proposed amendment to be placed on the ballot for the qualified electors to answer at the next general election.
c. A concise explanatory statement about the proposed amendment to be provided to the qualified electors.
(3) As part of the legislative process in the enactment of the proposed amendment and before submission to the qualified electors of this State at the next general election, the following must occur:
a. The proposed amendment must receive at least 1 public hearing in a standing committee in each House of the General Assembly at which public comment is allowed.
b. The proposed amendment must be subject to an opportunity for debate on third reading in each House of the General Assembly, followed by a vote on the Act proposing the amendment in each House of the General Assembly. The proposed amendment may not be placed on an Agenda where a single vote results in the passage of all of the legislation on that Agenda.
c. The proposed amendment must be agreed to by two-thirds of all members elected to each House.
d. The proposed amendment must be entered on the journal of each House, with the yeas and nays recorded.
(4) The General Assembly shall disseminate the proposed amendment to the public not more than 120 days before the next general election and not less than 90 days before the next general election.
(5) The General Assembly shall prescribe by law or rule, as applicable, all of the following:
a. The process for disseminating to the public the presence of the proposed amendment on the next general election ballot, as required under paragraph (4) of this Section, which must include a voter guide that contains the concise explanatory statement under paragraph (2)c. of this Section.
b. The standards applicable to the creation of the question to be presented to the qualified electors of this State at the next general election under paragraph (2)b. of this Section and the creation of the concise explanatory statement to be provided to the qualified electors under paragraph (2)c. of this Section.
c. Any other procedure the General Assembly deems necessary to give effect to this subsection.
(6) The General Assembly shall notify the Department of Elections of the final passage of the proposed amendment to be placed on the ballot at the next general election, as follows:
a. If the proposed amendment is proposed by the House of Representatives, the Chief Clerk of the House of Representatives shall provide the notice.
b. If the proposed amendment is proposed by the Senate, the Secretary of the Senate shall provide the notice.
(7) Following the close of the polls on the day of the next general election, the Superior Court, as constituted under Section 6 of Article V, shall determine whether at least 55% of the qualified electors casting a vote on the proposed amendment at that general election concur with the proposed amendment .
(8) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment received the vote required under paragraph (7) of this Section, the proposed amendment becomes part of this Constitution as provided under paragraph (10) of this Section.
(9) If the Superior Court, as constituted under Section 6 of Article V, determines that the proposed amendment did not receive the vote required under paragraph (7) of this Section, the General Assembly next after that general election may concur with the proposed amendment by an Act that meets the requirements under paragraph (3) of this Section and, if so concurred, the proposed amendment becomes part of this Constitution as provided under paragraph (10) of this Section.
(10) Unless the proposed amendment provides for an enactment date, the proposed amendment becomes part of the Constitution as follows:
a. On the date of the affirmative determination made by the Superior Court under paragraph (8) of this Section.
b. On the date of final passage of the Act of the General Assembly concurring in the proposed amendment under paragraph (9) of this Section.
(11) Section 16 of Article II applies to an amendment to this Constitution under this subsection.
SYNOPSIS
This Act is a Substitute for House Bill No. 440. Like House Bill No. 440, this Substitute Act is the first leg of an amendment to the Delaware Constitution to authorize the General Assembly to hold a referendum on a proposed constitutional amendment in lieu of repassage by the next General Assembly. This Substitute Act also provides that constitutional amendments must be limited to a single subject, expressed in the bill’s title, like other bills enacted by the General Assembly (Section 16 of Article II of the Delaware Constitution).
This Substitute Act differs from House Bill No. 440 as follows:
(1) By making technical corrections.
(2) By keeping in the Constitution the amount of time before the general election that the General Assembly must disseminate notice to the public regarding the proposed constitutional amendment.
This Substitute Act does not make any additional substantive changes to House Bill No. 440.
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.
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.
