Delaware Remove Newspaper Publication Requirement for Proposed Constitutional Amendments Measure (2023)
| Delaware Remove Newspaper Publication Requirement for Proposed Constitutional Amendments Measure | |
|---|---|
 | |
| Ratification date April 25, 2023 | |
| Topic Open meetings and public information | |
| Sponsors State Sen. David Sokola (D-8) and state Rep. Peter Schwartzkopf (D-14) |
The Delaware Remove Newspaper Publication Requirement for Proposed Constitutional Amendments Measure was approved by the Delaware General Assembly and added to the Delaware Constitution on April 25, 2023.
The amendment edits the publication requirements for proposed constitutional amendments.
Overview
What did this constitutional amendment do?
- See also: Text of measure
The amendment removed the newspaper specification from the publication requirement for proposed constitutional amendments and specifies that proposed constitutional amendments be disseminated to the public between 90 and 120 days before the general election.[1]
In Delaware, a constitutional amendment must be approved in two separate legislative sessions with a general election in between the two votes. Before the amendment was passed, the state constitution required that the Delaware Secretary of State publish the proposed amendment three months prior to the next general election in at least three newspapers in each county. This constitutional amendment removed the newspaper requirement and permitted the state legislature to create the specifications of where the proposed constitutional amendment must be published. It changed the timeline of publishing proposed amendments from three months before the general election to between 90 and 120 days before the general election.[1]
Who supported this constitutional amendment?
State Sen. David Sokola (D-8) and state Rep. Peter Schwartzkopf (D-14) introduced versions of the constitutional amendment to the Delaware General Assembly for their consideration. The legislature approved both versions of the amendment with a Bipartisan Partisan Directional Index.
Text of measure
Constitutional changes
- See also: Article XVI, Delaware Constitution
The amendment changed Section 1 of Article XVI of the Delaware Constitution. The following underlined text was added and struck-through text was deleted:
Note: Hover over the text and scroll to see the full text.
§ 1. Proposal and concurrence of Constitution amendments in General Assembly; procedure.
Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two thirds two-thirds of all the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the Secretary of State shall cause such proposed amendment or amendments to be published three months must be disseminated to the public not more than 120 days before the next general election and not less than 90 days before the next general election in at least three newspapers in each county in which such newspapers shall be published; as provided for by an act of the General Assembly; and if in the General Assembly next after the said election such proposed amendment or amendments shall upon yea and nay vote be agreed to by two thirds of all the members elected to each House, the same shall thereupon become part of the Constitution.[2]
Full text
The full text of the measure can be found here.
Amending the Delaware Constitution
The Delaware General Assembly has the sole and complete authority to amend the state constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
- two-thirds of all the members elected to each chamber must vote in favor of a proposed amendment;
- the Delaware Secretary of State must then publish the proposed amendment three months prior to the next general election in at least three newspapers in each county; and
- the subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The amendment in the Delaware General Assembly
Senate Bill 38 (2023)
State Sen. David Sokola (D-8) introduced the amendment to the state legislature on January 26, 2023. The state Senate passed the amendment on March 15 in a vote of 21-0. On April 25, the state House passed the amendment in a vote of 37-0, with four representatives absent or otherwise not voting.[3]
| Votes Required to Pass: 14 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 0 | 0 |
| Total % | 100.0% | 0.0% | 0.0% |
| Democratic (D) | 15 | 0 | 0 |
| Republican (R) | 6 | 0 | 0 |
| Votes Required to Pass: 28 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 37 | 0 | 4 |
| Total % | 90.2% | 0.0% | 9.8% |
| Democratic (D) | 24 | 0 | 2 |
| Republican (R) | 13 | 0 | 2 |
House Bill 130 (2021)
On April 15, 2021, state Rep. Peter Schwartzkopf (D-14) introduced the amendment to the state legislature as House Bill 130. On May 18, the state House passed the amendment in a vote of 40-0, with one senator not voting. On June 29, the state Senate passed the amendment in a vote of 21-0.[4]
| Votes Required to Pass: 28 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 40 | 0 | 1 |
| Total % | 97.6% | 0.0% | 2.4% |
| Democratic (D) | 25 | 0 | 1 |
| Republican (R) | 15 | 0 | 0 |
| Votes Required to Pass: 14 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 0 | 0 |
| Total % | 100.0% | 0.0% | 0.0% |
| Democratic (D) | 14 | 0 | 0 |
| Republican (R) | 7 | 0 | 0 |
See also
- The Delaware Constitution
- Amending the Delaware Constitution
- State constitutional conventions
- Other constitutional amendments concerning Open meetings and public information
External links
Footnotes
- ↑ 1.0 1.1 Delaware State Legislature, "Senate Bill 38," accessed October 2, 2025
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Delaware General Assembly, "Senate Bill 38," accessed October 2, 2025
- ↑ Delaware General Assembly, "House Bill 130," accessed October 2, 2025
