Del. Const. art. II, § 17
(a) All forms of gambling are prohibited in this State except the following:
(3) Wagering or betting, by the use of pari-mutuel machines or totalizators, on horse races conducted at racetracks within or without this State, provided that such wagering or betting may be conducted only either:
a. Within the enclosure of any racetrack licensed under the laws of this State to conduct a race meeting.
b. Within the enclosure of any racetrack licensed under the laws of this State to receive and accept wagers or bets on electronically televised simulcasts of horse races.
(b) The General Assembly shall enforce this Section by appropriate legislation.
39 Del. Laws, c. 2
40 Del. Laws, c. 1; 58 Del. Laws, c. 312 and 59 Del. Laws, c. 143; 63 Del. Laws, c. 22 and 64 Del. Laws, c. 54; 67 Del. Laws, c. 241 and 68 Del. Laws, c. 4; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;