AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROCEDURE FOR DISSEMINATION TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.
Summary
HB321 amends Delaware Code Title 29 governing how the public must be notified of a proposed amendment to the Delaware Constitution. The bill updates the definition of “dissemination” and replaces the prior newspaper-based notice framework with a requirement that the full text of a proposed constitutional amendment be posted prominently on the Department of Elections and General Assembly websites for at least 90 days before the next general election. It also keeps the timing window for public notice tied to the general election cycle and assigns responsibility for compliance to the Secretary of the Senate or the Chief Clerk of the House, depending on where the amendment originated.
The bill further requires the Secretary of the Senate, Chief Clerk of the House, State Election Commissioner, and Director of the Division of Legislative Services to review and approve the notice, and it requires immediate notice to the Governor, legislators, and certain legislative and archival officials after dissemination occurs. It also specifies what information must be included in that notice, such as where the posting can be found and the date of posting. In practical terms, the measure modernizes the notice process by shifting from print publication to online posting while preserving a formal public notice period before voters consider a constitutional amendment.
Impact
HB321 changes the statutory procedure in Title 29 for public notice of proposed constitutional amendments by removing the newspaper publication requirement and emphasizing website posting as the primary dissemination method. This affects the Secretary of the Senate, the Chief Clerk of the House, the State Election Commissioner, the Division of Legislative Services, and the Department of Elections, while also altering how the public receives notice of constitutional amendment proposals. The bill is expected to reduce state costs associated with newspaper publication while maintaining public access through state websites.
Sentiment
The available voting history suggests the bill was generally well received, passing House Third Reading 37-1. The synopsis frames the measure as a modernization and cost-saving change rather than a substantive policy shift, and there is no committee transcript indicating significant opposition. Overall, the sentiment appears broadly favorable, with strong support for replacing print notice with online dissemination.
Contention
The main point of contention is the elimination of the newspaper publication requirement. Supporters view this as an efficient, lower-cost update that still preserves public access through state websites, while any opposition would likely center on whether online posting alone provides sufficient notice to the public, especially for residents who rely on print newspapers or have limited internet access. The near-unanimous House vote suggests any such concerns were limited or not politically decisive.