Summary: House Bill 35 solidifies the 2024 removal of the death penalty from Delaware Code, by enshrining it in the state Constitution. As a Constitutional Amendment, this bill will need to pass for two sessions in a row by a 2/3 majority.
Analysis: HB 35 is the culmination of Delaware’s many shifts on its position on the death penalty since 1958. After decades of being abolished, reinstated, and revised, the Delaware Supreme Court ruled in 2016 that the state’s death penalty laws were unconstitutional.
While some may commend the Legislature’s push to eliminate capital punishment, it is worth examining the double standard this bill reveals. At the same time lawmakers work to prohibit the execution of convicted criminals, they continue to champion policies that promote a culture of death—pushing for the legalization of assisted suicide and expanding access to abortion.
In effect, they advocate for the termination of the preborn, the disabled, and the elderly while sparing those guilty of violent crimes. Regardless of one’s stance on the death penalty, it is crucial to recognize that true justice should prioritize the protection of the innocent and vulnerable. If the Legislature fought as fervently for the lives of the unborn as they do for convicted criminals, countless babies could be spared from an unjust and horrific fate.
This is the first leg of the constitutional amendment process. It will be shared with the public 90 to 120 days before the 2026 general election as a reminder of what’s at stake. Since a constitutional amendment must pass by a two-thirds majority in both chambers during two consecutive legislative sessions, the officials elected in 2026 will decide whether this amendment becomes part of the Delaware Constitution or fails.