Delaware Pushes Historic Voting Rights Protections Amid National Crackdown
October 24, 2025 — Delaware lawmakers moved swiftly today to constitutionally protect voting access, advancing landmark amendments that would enshrine early voting and no-excuse absentee ballots in the state constitution — a direct response to recent court battles that left these practices vulnerable.
What’s Happening
The Delaware State Senate passed Senate Bills 2 and 3, constitutional amendments designed to permanently secure two key voting methods:
- Early in-person voting
- No-excuse absentee voting
Both bills now await a critical vote in the state House of Representatives.
Why This Matters
The legislation comes after a Delaware Supreme Court decision that, while upholding current voting practices on technical grounds, left the door open for future legal challenges. Lawmakers are racing to close that door permanently by embedding these rights directly into the state constitution — making them far harder to reverse.
“This isn’t theoretical,” said voting rights advocates. “Without constitutional protection, a single lawsuit could eliminate voting options that thousands of Delawareans now depend on.”
The Political Divide
While early voting drew bipartisan support, the broader expansion of absentee ballot access revealed sharp partisan fault lines. Republican lawmakers offered only limited backing for no-excuse absentee voting, reflecting ongoing national debates about ballot security versus voter access.
Broader Constitutional Cleanup
Delaware legislators are also pursuing additional constitutional updates to align state law with modern standards and federal requirements:
- Ending felony disenfranchisement for those who have completed their prison sentences
- Eliminating archaic literacy tests and outdated age requirements
- Removing unconstitutional residency restrictions on voting eligibility
Swimming Against the National Tide
Delaware’s push for expanded voting access stands in stark contrast to national trends. According to the Brennan Center for Justice, 2025 has seen a surge in restrictive voting laws across multiple states, while efforts to broaden access have stalled or failed in many jurisdictions.
The contrast is clear: as some states tighten voting rules, Delaware is moving aggressively in the opposite direction — betting that constitutional protections can insulate voting rights from future political and legal attacks.
What Comes Next
All eyes now turn to the Delaware House of Representatives. If the amendments pass there and ultimately win voter approval in a statewide referendum, Delaware would join a small group of states with constitutionally guaranteed early and absentee voting — potentially setting a template for other blue states concerned about protecting ballot access in an uncertain legal landscape.
The House vote is expected in the coming weeks.