15 Del. C. § 8106: Remedies [Effective July 1, 2027].

(a) Upon finding a violation of the Delaware Constitution or § 8102 or § 8103 of this title, a court of competent jurisdiction may order 1 or more appropriate remedies that are tailored to address the violation and ensure protected class members have equitable opportunities to fully participate in the political process notwithstanding any other law. Appropriate remedies may include any of the following:

(1) Changes to the method of election.

(2) Changes to any election policy or practice.

(3) New or revised redistricting plans.

(4) Elimination of staggered elections.

(5) Reasonably increasing the size of the elected body.

(6) Additional voting days or hours.

(7) Additional polling places.

(8) Holding of special elections.

(9) Additional voter education.

(10) The restoration or addition of individuals to registry lists.

(11) Retaining jurisdiction for such period of time as the court may deem appropriate.

(b) The court must consider remedies proposed by any parties to an action filed under § 8102 of this title and by other interested persons who are not parties to the action. The court may not give deference or priority to a remedy proposed by a political subdivision or the Department of Elections simply because it has been proposed by a defendant political subdivision or the Department of Elections.

(c) Where a constitutional violation is found, the court has authority to order that a political subdivision implement 1 or more remedies that may be inconsistent with the provisions of any municipal charter or a legislative enactment containing an election policy or practice for a political subdivision where the inconsistent provisions would otherwise preclude the court from ordering an appropriate remedy.

(d) Upon a court order of any remedy under this section, a prevailing plaintiff party is entitled to reimbursement of attorneys’ fees and for the costs associated with bringing the case. A party must submit a claim in writing and substantiate the claim with financial documentation, including a detailed invoice for any demography services or analysis of voting patterns. A defendant must reimburse such party for reasonable costs claimed or for an amount to which the parties agree.

(e) When a political subdivision plans to voluntarily adopt a new election policy or practice after receiving a notice letter, a complaint under this subchapter, or the filing of a lawsuit, the political subdivision must hold at least 1 public hearing at which members of the public may provide input regarding the proposed new election policy or practice. Notice of the public hearing must be published at least 3 weeks prior to the date of the public hearing. In advance of each public hearing, the political subdivision must conduct outreach to members of the public, including to language minority groups, to explain the method of election or districting process and to encourage input.

(f) When voluntary adoption of a new election policy of practice occurs following a political subdivision’s receipt of 1 or more notice letters sent in accordance with the requirements of § 8105 of this title, a party who sent a notification letter may submit a claim for reimbursement from the political subdivision for reasonable costs associated with producing and sending the notification letter. A party must submit a claim in writing and substantiate the claim with financial documentation, including a detailed invoice for any demography services or analysis of voting patterns. Reimbursement amounts for attorney fees are limited to amounts calculated using a lodestar methodology. Any such claim made for reimbursement is capped at $60,000, adjusted in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics. Upon receipt of any claim, the political subdivision may request additional financial documentation if the information provided by a party is insufficient to substantiate the costs. If the parties fail to agree to a reimbursement amount, either party may file an action for a declaratory judgment with a court of competent jurisdiction for a clarification of rights.

(g) After the adoption of any remedy, the political subdivision must hold at least 1 public education event during which the political subdivision explains changes to elections resulting from the remedy. Notice of the public education event must be published online on the Board of Elections webpage and social media pages at least 3 weeks prior to the date of the public education event.

(h) A remedy ordered under this section must be implemented in the next relevant election, scheduled or ordered, wherever possible.