Summary: Senate Bill 3 is the first leg of a constitutional amendment to create no-excuse absentee voting.

Analysis: Around the time of COVID, the state passed a law allowing permanent absentee voting without the need for an excuse. This measure was approved unanimously in both chambers of the legislature. However, after a lawsuit was filed against the state—one in which Senator Hocker was involved—things took a turn. Although Hocker had initially voted in favor of the bill, he later joined forces with Michel Mennella to challenge its constitutionality.

The Superior Court ruled that the law was unconstitutional. Attorney General Kathy Jennings appealed the decision, and the Delaware Supreme Court sided with her, determining that the plaintiffs in the case lacked standing to sue. In legal terms, “standing” refers to whether the person filing the lawsuit has been directly harmed by the issue at hand.

SB 3 goes beyond just allowing no-excuse absentee voting. It aims to enshrine this right in the state constitution, which would bolster its legal foundation.

The main concern with no-excuse absentee voting, and the reason many oppose it, is the potential for abuse. Critics argue that it could undermine election integrity by opening the door to fraudulent practices.

As a constitutional amendment, SB 3 must pass both this legislative session and the next with a two-thirds majority in both chambers to become law.