Sen. Brian Pettyjohn

This Act amends Chapter 1 of Title 15 and adds a Part VII and Chapter 81 to Title 15 of the Delaware Code to establish a “Delaware John Lewis Voting Rights Act,” (“the Act”). Section 1 of the Act amends Chapter 1 of Title 15 to provide definitions necessary for implementation of the Act. Chapter 1 is also amended to ensure that the purpose of Title 15 includes a stated public policy of equal opportunity to participate in the political process. Section 2 adds a “democracy canon” which instructs those charged with interpreting statutes, rules and regulations and local laws or ordinances related to the elective franchise to construe the election laws in favor of protecting and making accessible the right to vote. Section 3 of the Act adds a Part VII and Chapter 81 to Title 15 of the Delaware code to establish a “Delaware Voting Rights Act,” (“the Act”). Subchapter I of Part VII lists the mechanisms to challenge voting discrimination, specifying that election policy and practices approved by the General Assembly can be invalidated if they violate the Delaware Constitution, and stating that election laws or practices of a political subdivision or of officials with authority over elections acting within their discretionary authority may be invalidated if they cause prohibited voter suppression or dilution. Prohibited voter suppression prevents election policies or practices that result in, are likely to result in, or are motivated in whole or in part by the intent to result in: 1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or 2) based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process. A violation must be attributable to an action of the Department of Elections or a political subdivision. Voter suppression is not present where (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest; and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate. Voter suppression claims do not require evidence of intentional discrimination. Prohibited vote dilution prevents methods of election that have the effect, will likely have the effect, or are motivated in part by the intent of diluting the vote of protected class members. A violation is established when elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or based on the totality of the circumstances, the equal opportunity, or ability of protected class members to nominate or elect candidates of their choice is impaired. To establish the violation, it must be shown that another method of election or changes to the existing method of election could constitutionally be adopted or ordered and would likely mitigate the impairment. Subchapter I also includes guidelines regarding voter suppression and voter dilution determinations under the Act. It outlines that legal standing will be conferred broadly under the Act, and individuals, organizations, or the Attorney General can bring actions to enforce the prohibitions in a court of competent jurisdiction. Plaintiffs are required in most circumstances to give defendants pre-suit notice under the Act, and defendants may prevent litigation by working with the potential plaintiff to implement a remedy to the alleged violation. Subchapter I also establishes a standard for evaluating a claim where a party seeks preliminary relief. The Subchapter also includes remedies that a court of competent jurisdictionis authorized to provide upon a finding of illegal voter suppression or dilution and allows attorneys’ fees for prevailing plaintiff parties in judicial actions and recovery of costs for those who submit a pre-suit notice letter when jurisdictions voluntarily enact changes after receiving said notice letter up to a $ 60,000 cap, adjusted for inflation. When an entity plans to voluntarily adopt a new election policy or practice after the filing of a lawsuit, the entity shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal. After the adoption of any remedy, the entity must hold at least one public education event during which they explain all changes to elections resulting from the remedy. Subchapter II of the Act requires the Department of Elections (“DOE”) to designate 1 or more languages, other than English, for which assistance will be available in elections for local offices if DOE finds that a significant and substantial need exists for such assistance. A finding of significant and substantial need is mandated when more than 2%, but in no instances fewer than 100, of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals or more than 1,000 of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals. DOE shall distribute to affected jurisdictions and publish annually on its website a list of each local office in which language assistance shall be provided and the languages that assistance will be provided in. The Subchapter requires affected local offices to provide this assistance and outlines the materials that are subject to language assistance. The Subchapter also requires DOE to establish a process, which shall include public comment, whereby electors and impacted organizations may petition DOE to decide that there is significant and substantial need for language assistance in a local office that DOE has not previously determined to have such significant and substantial need. The Subchapter also makes clear that limited English proficient individuals may receive assistance from a person of the voter’s choice when voting equivalent to the allowance given to voters with blindness, disability, or illiteracy. The Subchapter also indicates that individuals, organizations, or the Attorney General may bring an action in a court of competent jurisdiction to enforce the Subchapter, and that attorneys’ fees shall be made available to prevailing plaintiff parties. Subchapter III of the Act prevents intimidation, deception, or obstruction of the right to vote. Under the Subchapter, a person, whether acting under color of state law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector’s right to vote and provides guidance regarding activity that would be considered intimidation, deception, or obstruction of the right to vote. Individuals, organizations, or the Attorney General may bring an action to enforce the prohibitions in a court of competent jurisdiction, and upon finding a violation, the court shall implement appropriate remedies that are tailored to remedy the violation. Damages available to a prevailing plaintiff party upon a finding of a violation include nominal damages for any violation and compensatory or punitive damages for any intentional violation. Attorney’s fees shall also be available for prevailing plaintiff parties. Section 4 of the bill declares that the Act is severable.

This Act updates the Delaware Code section that requires municipalities in New Castle County to submit permit data to the County government. The Act clarifies that such information should be submitted monthly in a manner prescribed by the County and that only closed permits where a certificate of occupancy has issued should be reported. If a municipality fails to timely report permit data it must submit a report to the County and the General Assembly detailing the reason for the omission, what steps are being taken to address the problem, and when the information will be submitted. This permit data is necessary for the County to ensure the accuracy of property assessments.

This Act provides special authority to school districts in New Castle County to reset their tax rate for the 2026-2027 tax year. This authority is necessary because several adjustments to the New Castle County tax roll are continuing to be made after the completion of the general reassessment that took effect for the 2025-2026 tax year. This includes the ongoing adjudication of appeals from the assessment values set in the general reassessment as well as quality control reviews, and potential changes pending in other legislation. This Act allows the New Castle County school districts to adjust the tax rate so that no increase in operating revenue over the prior year will be realized, with two exceptions: (1) revenue increases from approved referenda; and (2) revenue equal to the 5-year average growth rate for each district. The 5-year average growth rates for NCC districts are as follows: (1) Appoquinimink, 3.68%; (2) Brandywine, 0.54%; (3) Christina, 0.32%; (4) Colonial, 1.10%; (5) Red Clay, 0.58%; (6) Smyrna, 0.31%; and (7) New Castle County Vocational Technical, 0.96%. This Act sunsets on March 31, 2027.

This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department. It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead.

This Senate Joint Resolution directs the Delaware Department of Education to reevaluate the use of the SAT within Delaware’s accountability system while continuing to offer the SAT during the school day for students who wish to take it. The Resolution further directs the Department to engage educators statewide in developing a modernized accountability framework, explore additional measures permitted under federal law, recognize career readiness indicators such as industry credentials, dual enrollment, and work-based learning, and clarify that proficiency results are one indicator of postsecondary readiness rather than a sole measure of school quality. The Department will explore and develop a coherent high school assessment system, including a standards-aligned high school summative assessment and learning progress assessments, designed to provide timely, instructionally useful data while maintaining full compliance with federal accountability requirements.

This Substitute is different from the original bill in that it adds the activities of fishing, crabbing and clamming as requiring a license consistent with line 18 already in the code. The substitute also clarifies in section 2 that dogs may be used for tracking or recovering a wounded or dead deer that was lawfully shot during open deer season. Section 1 of this Act closes a loophole that allows hunters and trappers who are exempt from obtaining a Delaware hunting or trapping license to avoid completing a Department-approved hunting or trapping education program. Although many exempt hunters and trappers already complete these programs, this legislation codifies the requirement. This Act also updates and clarifies the statutory language governing administration of drugs to wildlife. Section 2 of this Act adds language to expressly permit the sale of taxidermy and antlers from lawfully taken deer. This Act also makes technical corrections to conform with the Delaware Legislative Drafting Manual.

This Act requires that all veterinarians report any suspected cruelty to animals to the Office of Animal Welfare or the appropriate reporting authority. Veterinarians must complete mandatory reporting training every 6 years and attest that they have completed mandatory training in any application for licensure or licensure renewal. The Board of Veterinary Medicine may impose disciplinary sanctions for violations of this Act. All reports provided by a veterinarian under this Act are confidential and may only be disclosed under specific circumstances. Under this Act, the Office of Animal Welfare and any other enforcement agency responsible for investigating animal abuse must adopt confidential procedures to protect the identity of the veterinarian making a report.

Maddy summaryThis bill designates the month of May as "Veterans Month" throughout the State of Delaware. The primary mechanism of the legislation is to amend the Delaware Code to officially recognize this specific time frame for honoring military veterans. Once enacted, the change serves as a formal state acknowledgment rather than creating new laws or funding. It directly affects the state's official records and calendar designations without altering existing programs or benefits.

This Joint Resolution directs the Department of Education to compile and submit a comprehensive report regarding the workforce data and compensation of education support professionals for the most recent school year. The report must identify staffing levels, vacancies, average wages paid, and the number of employees earning below a $40 hourly wage threshold. The Department is further required to recommend pay scales that align with a minimum living wage and submit its findings to the General Assembly and relevant state offices by November 2, 2026.

This Act requires that the Office of Management and Budget prepare an annual report regarding hiring for state large public works projects with an aggregate cost of $3 million or more. The information in these reports will help identify if Delaware workers, particularly individuals who live near a state public works project, are being hired to work on these projects and for how many hours. This information will also inform the Department of Labor regarding the trades for which trainings should be developed, including details such as if there is a need for training that acclimates aging workers to new technology or to develop youth workforce trainings to prepare future generations to meet employer needs.