Why Should Delaware Care?
Prohibitions on voter suppression, intimidation and dilution tactics were passed federally in 1965, but recent court rulings have chipped away at some protections. Seeking to retain, and expand protections, Delaware legislators approved a statewide voting rights act.
Delaware Gov. Matt Meyer signed legislation Thursday that ensures key protections from the federal Voting Rights Act of 1965 will be retained in the state, regardless of what may happen in the future.
In doing so, Delaware became the second state to write prohibitions against voter discrimination, voter suppression and vote dilution into state law following a landmark ruling by the U.S. Supreme Court in April that overturned parts of Section 2 of that pivotal civil rights legislation.
In the case Louisiana v. Callais, the Supreme Court ruled that considering race in Congressional redistricting was an illegal gerrymander. It further required that plaintiffs prove a state “intentionally” sought to gerrymander districts to diminish opportunities for minority voters, a high bar that experts believe could impact up to a dozen Congressional districts that have a majority of minority voters – typically in Republican-led states.
The NAACP, which advocated for the federal legislation more than 60 years ago, condemned the decision, calling it a “betrayal of Black people.”
Meanwhile, Rep. Larry Lambert (D-Claymont) had already been working with advocates on what would become House Bill 444, or the John Lewis Voting Rights Act, named after the late civil rights icon.
Lambert filed the bill just a month after the Callais decision, and pushed it through the General Assembly in the waning days of the legislative session.
He said the Callais ruling was not the impetus for his bill, but it did convince him to not wait for the 2027 legislative session.
What does HB 444 do?
While codifying protected rights already held by the national Voting Rights Act, the new state legislation also crucially specifies that intent does not have to be proved for future violations of electoral discrimination. It also empowers the state attorney general, along with individuals and organizations, to bring complaints against offending agencies or jurisdictions.
The bill creates a “democracy canon,” which instructs courts and officials that, when election laws are ambiguous, they should interpret them in favor of protecting voting access.
HB 444 also dramatically expands requirements for language assistance in local elections, tasking the Department of Elections to provide materials, and even potentially translators, for any language spoken by more than 2%, or 1,000 people, of voting age.
While now signed, House Bill 444 does not take effect until July 1, 2027, to allow for implementation.
House Speaker Melissa Minor-Brown, who is the first Black woman to preside over Delaware’s lower chamber, noted that the protections afforded by the Voting Rights Act of 1965 are so recent that many residents remember the time before them.
“It’s only been 61 years since the federal government actually put a system in place that allowed Black Americans to register to vote,” she said in comments at the bill signing, held at the historic Shiloh Baptist Church in Wilmington. “So many sacrifices were made, and yet here we are in 2026 watching the Trump administration work to strip us of everything that our friends, our neighbors, our colleagues, our parents, our grandparents, and our great grandparents work hard for.”
Republicans split over backing bill
While the legislation was unanimously approved by the State Senate – Sen. Bryant Richardson (R-Seaford) drew praise Thursday for notably being the sole Republican co-sponsor of the legislation – the House of Representatives was less receptive. Just two Republicans, Rich Collins and Danny Short, voted in favor of the bill.
No House Republican critiqued the bill during its committee and floor hearings, but the caucus expressed their concerns in a statement ahead of the vote.
“Among the concerns is that the measure defines voter suppression so broadly that almost any election rule — such as voter ID, signature checks, or standard polling hours — could be challenged if statistical voting differences occur between designated minority groups and the general population,” a caucus spokesman wrote.
In addition, the caucus sought to turn the tables on the debate by arguing that Delaware Democrats were actually suppressing Republican votes through the decennial redistricting.
However, unlike race or ethnicity, political affiliation has never been a protected class for redistricting law.
Advocates turn to felon enfranchisement
Andrew Bernstein, the voting rights counsel for the American Civil Liberties Union of Delaware who assisted Lambert on the bill, said there is more work to be done to extend voting rights.
He pointed to House Bill 180, a Constitutional amendment that would give convicted felons the right to vote following the completion of their sentence or upon their pardon.
Currently, those convicted of felony murder, manslaughter, bribery or abuse of public office, and sexual offenses are disenfranchised for life under state law. Individuals convicted of other felonies only regain the right to vote after finishing any parole, probation or sentence modification, even after leaving prison.
“That is a remnant of Jim Crow. It disproportionately impacts Black and Brown communities as our criminal legal system maintains racial bias. We were hardened to see the first leg of a constitutional amendment limit disenfranchising passed this year, but we must remain committed to that cause and ensure that the second leg of that amendment passes next session,” Bernstein said.
