15 Del. C. § 8103: Prohibited vote dilution [Effective July 1, 2027].

(a) A political subdivision may not employ a method of election that has the effect, is likely to have the effect, or is motivated in whole or in part by an intent to dilute the vote of protected class members.

(b) Prohibited vote dilution is when both of the following are met:

(1) One of the following is found:

a. 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.

b. Based on the totality of circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice is impaired.

(2) Another method of election or change to the existing method of election exists, that could be constitutionally adopted or ordered under § 8106 of this title, which would likely mitigate the impairment.

(c) Prohibited vote dilution may also be established through direct or circumstantial evidence of intentional discrimination; however, evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is never required under this section.