Delaware Vote Tracker

House Passes the Dave McBride Residency Act and Constitutional Amendment

House Bill 183 is the rare Republican sponsored bill that is actually not evil and does something good. We all remember some instances in the past when a state Senator really didn’t live in the district he was elected to represent. Yeah, he had a home in the district in the New Castle County but his primary residence was in Lewes. And then there was a State Representative who bought a new home outside of her district, which was going to be her families’ primary residence.

This bill will require all candidates for State or county elected offices and incumbent elected officials to have their primary residential address in the area or district they represent or seek to represent. Candidates and incumbent elected officials will have to submit proof to the Commissioner of Elections of their primary residence. The documentation that they have to provide is pretty extensive and any falsification or accusations of fraud relating to any of the documents or the information in the documents can be sent as evidence to the Attorney General’s office for prosecution. 

The bill defines “Primary residence” or “primary residential address” as a requirement that the candidate resides at that address at least 183 calendar days in the year prior to filing their notice of candidacy and requires that they actually reside in a primary residence located in the district they represent during their entire term of office.

It has already passed the House 40-0-1 and out of committee in the Senate, so this one is going to get passed into law.

House Bill 183 SponsorsYes VotesNo Votes
Hensley, Baumbach, Longhurst, Briggs King, Collins, Dukes, Gray, Ramone, D.Short, M.Smith, YearickHouse Passes 40-0-1. Baumbach Bennett Bentz Bolden Freel Bush Carson Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton  Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Shupe Smyk Spiegelman Vanderwende YearickAbsent: Chukwuocha
Wilson, Hocker, Lawson
Current Status: Out of Committee 5/18/22

House Bill 395 is a similar bill but it is a Constitutional Amendment that will require legislators to remain domiciled in the districts they represent for the entirety of their term in office. Constitutional Amendments in Delaware have to pass each chamber of the General Assembly by a two thirds majority, and then they have to pass each chamber of the General Assembly by a two thirds majority again in the next session of the General Assembly, or in 2023 or 2024 in order for the Constitution to be officially amended.

This bill already has passed the House 40-0-1 and is in the Executive Committee in the Senate.

House Bill 395 Sponsors Yes VotesNo Votes
Baumbach, K.Williams, Morrison, Osienski, WIlson-Anton, Hensley, D.Short, M.Smith, YearickHouse Passes 40-0-1. Baumbach Bennett Bentz Bolden Freel Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton  Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Smyk Spiegelman Vanderwende YearickAbsent: Shupe
Gay, Hansen, Lockman, Paradee, Pinkney, Sokola, Sturgeon, Wilson, Lawson
Current Status: Senate Executive 6/9/22

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1 comment on “House Passes the Dave McBride Residency Act and Constitutional Amendment

  1. cassandram

    HB 183 is pretty prescriptive as to how to establish candidate residency. How does the DoE determine residency now when you are filing for office?

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