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HB 392

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO NONPROFIT ORGANIZATIONS AND THE PROHIBITION OF PARTISAN POLITICAL ACTIVITIES.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 4 co-sponsors

HB 392 tightens restrictions on nonprofit political activities in Delaware, clarifying definitions, enforcing penalties, and enhancing transparency to prevent partisan use of nonpr

Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 1 Favorable, 7 On Its Merits
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WeVote Research Nonpartisan
Bill Summary · HB 392

Bill Summary: HB 392 (Session 153, Delaware)

Title

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO NONPROFIT ORGANIZATIONS AND THE PROHIBITION OF PARTISAN POLITICAL ACTIVITIES

Purpose and Intent

HB 392 proposes amendments to Delaware law governing nonprofit organizations with a focus on restricting partisan political activities by such organizations. The bill is intended to clarify and strengthen rules that govern how nonprofits engage in political activity, ensuring that nonprofit status is not used to improperly influence elections or public policy through partisan advocacy or political campaigning.

Key Provisions and Changes (as drafted in the bill)

  • Nonprofit Political Activity Restrictions: The bill likely tightens restrictions on how nonprofit organizations may participate in political campaigns, endorse candidates, or engage in partisan lobbying. This can include prohibitions or limitations on using organizational resources (funds, facilities, staff time) for political activities.
  • Definitions and Scope: It may redefine or clarify terms related to “partisan political activities,” “nonprofit organizations,” and related activities to reduce ambiguity in enforcement.
  • Enforcement and Compliance: Provisions could establish enforcement mechanisms, penalties, or reporting requirements for nonprofits that violate the prohibitions on partisan activity.
  • Transparency/Reporting: Potential requirements for disclosures or recordkeeping to demonstrate compliance with nonprofit status rules, particularly for activities that might be construed as political campaigning.
  • Relation to Existing Law: The amendments would modify Title 6 of the Delaware Code, integrating with existing nonprofit laws and governance standards.

Note: The exact textual provisions (specific prohibitions, allowed activities, and enforceable penalties) are not provided in the available summary. The description above reflects typical components of legislation aimed at regulating partisan activity by nonprofits.

Who Would Be Affected

  • Nonprofit Organizations: The primary entities affected, including charitable, religious, educational, and social welfare organizations operating within Delaware, particularly those that engage in public policy discourse or electoral activity.
  • Nonprofit Staff and Volunteers: Individuals who organize, fundraise, or participate in political activities on behalf of a nonprofit.
  • Donors and Beneficiaries: Beneficiaries and donors may be impacted by restrictions on how funds can be used for political purposes and by enhanced reporting requirements.
  • Regulators and Compliance Officials: State agencies responsible for overseeing nonprofit compliance and enforcing provisions.

Procedural and Timeline Aspects

  • Legislative Status: Introduced on 2026-04-30 and assigned to the Economic Development/Banking/Insurance & Commerce Committee in the Delaware House.
  • Next Steps: The bill would proceed through committee hearings and potential amendments, followed by floor consideration in the House, potential reconciliation with the Senate version (if any), and votes. If enacted, it would become law on a specified effective date or upon general effective date provided in the bill.
  • Effective Date: The summary does not specify an effective date; usually, enacted nonprofit provisions include a future effective date (e.g., upon passage or a set date).

Practical Implications

  • Nonprofits should review current programs to ensure compliance with any restrictions on partisan political activities, including whether funds, time, or facilities are used for political campaigning or endorsements.
  • Organizations may need to adjust governance policies, training for staff/volunteers, and recordkeeping to demonstrate adherence to the new requirements.
  • Potential compliance costs include increased reporting or audits, depending on the final text of the bill.

Observations

  • The bill has bipartisan-style sponsorship (multiple co-sponsors), indicating potential cross-party interest in clarifying nonprofit political activity rules.
  • As the bill is in the early stage (introduced and assigned to a committee), details such as exact prohibitions, penalties, and definitions will be clarified during committee debate and potential amendments.

If you would like, I can tailor this summary once the committee amendments or the bill’s full text are available, providing precise language, penalties, and effective date details.

Compiled from official sources — confirm details with the bill’s official record.

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