Delaware 2023-2024 Regular Session

Delaware House Bill HB189 Latest Draft

Bill / Draft Version

                            SPONSOR:      Rep. Dorsey Walker & Sen. Pinkney & Rep. Lambert & Rep. Wilson-Anton & Rep. Morrison       Sen. Hoffner           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 189       AN ACT TO AMEND TITLE 15 AND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.      

     

     SPONSOR:      Rep. Dorsey Walker & Sen. Pinkney & Rep. Lambert & Rep. Wilson-Anton & Rep. Morrison       Sen. Hoffner     

SPONSOR: Rep. Dorsey Walker & Sen. Pinkney & Rep. Lambert & Rep. Wilson-Anton & Rep. Morrison
Sen. Hoffner

 SPONSOR:  

 Rep. Dorsey Walker & Sen. Pinkney & Rep. Lambert & Rep. Wilson-Anton & Rep. Morrison 

 Sen. Hoffner 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 189 

   

 AN ACT TO AMEND TITLE 15 AND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS. 

   

  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 7554, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     7554. Voter eligibility.   (a) Voter eligibility shall be as specified within the town  charter; provided however, that   charter, except as follows:    (1)  in no event shall a municipality   A municipality may not  impose a durational residency requirement in excess of 30 days.   (2) Corporations and other artificial entities may not be deemed persons for purposes of determining eligibility and are not eligible to vote in a municipal election.   (d) Persons appearing to vote shall present proof of identity and address. The identification shall be 1 or more of the following items that individually or together show the identity and address of the person:   (1) A current State of Delaware drivers license or ID  card; card.   (2) A uniformed service ID  card; card.   (3) Another current photo ID issued by the State of Delaware; U.S. Government; the voters employer, high school or higher education  institution; institution.   (4) A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or  statement; statement.   (5) A lease or sales  agreement; and/or agreement.   (6) Any other documentation that a person can reasonably and commonly accept as proof of identity and address.   (e) Personal recognition by a majority of the Election Officers in the polling place can attest to a voters identity and address.   Section 2. Amend 835, Title 22 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     835. Amendments prohibited.   (b)  No municipal corporation charter which permits nonresident  natural  persons to vote in any municipal election or to hold any municipal office shall be amended, pursuant to this chapter, so as to eliminate or limit the right of nonresident  natural  persons to vote or hold office, nor shall the percentage of nonresident officials allowed or required be changed.        

 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 7554, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  7554. Voter eligibility. 

 (a) Voter eligibility shall be as specified within the town  charter; provided however, that   charter, except as follows:  

 (1)  in no event shall a municipality   A municipality may not  impose a durational residency requirement in excess of 30 days. 

 (2) Corporations and other artificial entities may not be deemed persons for purposes of determining eligibility and are not eligible to vote in a municipal election. 

 (d) Persons appearing to vote shall present proof of identity and address. The identification shall be 1 or more of the following items that individually or together show the identity and address of the person: 

 (1) A current State of Delaware drivers license or ID  card; card. 

 (2) A uniformed service ID  card; card. 

 (3) Another current photo ID issued by the State of Delaware; U.S. Government; the voters employer, high school or higher education  institution; institution. 

 (4) A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or  statement; statement. 

 (5) A lease or sales  agreement; and/or agreement. 

 (6) Any other documentation that a person can reasonably and commonly accept as proof of identity and address. 

 (e) Personal recognition by a majority of the Election Officers in the polling place can attest to a voters identity and address. 

 Section 2. Amend 835, Title 22 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  835. Amendments prohibited. 

 (b)  No municipal corporation charter which permits nonresident  natural  persons to vote in any municipal election or to hold any municipal office shall be amended, pursuant to this chapter, so as to eliminate or limit the right of nonresident  natural  persons to vote or hold office, nor shall the percentage of nonresident officials allowed or required be changed.   

   

  SYNOPSIS   This Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections. Section 1 of this Act prohibits a municipality from giving corporations and other artificial entities the right to vote within the municipality's charter. Section 2 amends the language that prohibits municipalities from amending charters that permit nonresident persons to vote to take away such rights under the provisions of Title 22, Chapter 8 applies only to the rights of nonresident natural persons, not to corporations or other artificial entities.      

 SYNOPSIS 

 This Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections. Section 1 of this Act prohibits a municipality from giving corporations and other artificial entities the right to vote within the municipality's charter. Section 2 amends the language that prohibits municipalities from amending charters that permit nonresident persons to vote to take away such rights under the provisions of Title 22, Chapter 8 applies only to the rights of nonresident natural persons, not to corporations or other artificial entities.