Election administration in Delaware
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Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.
Below, you will find details on the following election administration topics in Delaware:
Poll times
- See also: State poll opening and closing times
In Delaware, polls are open from 7:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[2]
Voter registration
- Check your voter registration status here.
To vote in Delaware, an individual must meet the following requirements:[3]
- The individual must be a United States citizen.
- The individual must be a resident of Delaware.
- The individual must be 18 years of age by Election Day.
- The individual must be mentally competent.
- The individual must not be under a felony sentence or convicted of a disqualifying felony.
According to the Delaware Department of Elections, "The voter registration deadline is the 4th Saturday before a Primary and General Election. Voter registration applications submitted via the voter portal, ivote.de.gov, by the deadline, or received by mail by the Department and postmarked by the deadline, will be considered to be submitted by the deadline."[4]
Automatic registration
Delaware practices automatic voter registration.[5]
Online registration
- See also: Online voter registration
Delaware has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration
Delaware does not allow same-day voter registration.[6]
Residency requirements
To register to vote in Delaware, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.
Verification of citizenship
Delaware does not require proof of citizenship for voter registration.
Verifying your registration
The site Vote Delaware, run by the Delaware Office of the State Election Commissioner, allows residents to check their voter registration status online.
Early and absentee/mail-in voting policy
Early voting
- See also: Early voting
Delaware permits early voting. Learn more by visiting this website.
On June 30, 2019, Delaware Governor John Carney (D) signed House Bill 38, which established in-person early voting beginning January 1, 2022. The law allows voters to vote "in-person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before the election at locations determined by the State Election Commissioner."[7][8]
According to Senate Bill 149, which was signed into law on July 21, 2023, Sundays do not have to be included in the early voting period for presidential preference primaries.[9]
Absentee/mail-in voting
- See also: Absentee voting
Eligible voters may request an absentee ballot up to four days before an election.[10]
On eligibility, Article V, Section 4A, of the Delaware Constitution reads:[11][12]
| “ | The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State, or his or her spouse or dependents when residing with or accompanying him or her because of the nature of his or her business or occupation, because of his or her sickness or physical disability, because of his or her absence from the district while on vacation, or because of the tenets or teachings of his or her religion, may cast a ballot at such general election to be counted in such election district.[13] | ” |
On October 7, 2022, the Delaware Supreme Court struck down a state law allowing any registered voter to vote by absentee/mail-in ballot.[14]
Returning absentee ballots
Completed absentee/mail-in ballots can be returned by U.S. Mail. Alternatively, a voter can return a completed absentee/mail-in ballot by dropping the ballot in a secure drop-box at a Department of Elections Office. Completed ballots must be returned by close of polls on Election Day.[15]
Signature requirements and cure provisions
Upon returning a completed absentee/mail-in ballot, the voter must sign the return envelope.[16]
Was your absentee/mail-in ballot counted?
Use the Absentee/Vote-By-Mail search tool, provided by the Delaware Department of Elections, to check the status of your absentee/mail-in ballot.
Voter identification requirements
- See also: Voter ID in Delaware
- See also: Voter identification laws by state
Delaware requires voters to present non-photo identification while voting. [17][18]
The following list of accepted ID was current as of April 2023. Click here for the Delaware Department of Elections' page on accepted ID to ensure you have the most current information.
- Delaware Drivers License or State ID
- U. S. Passport
- Signed Polling Place or Social Security Card
- Signed vehicle registration
- Signed credit card with photo
- A similar document that identifies the person by photo or signature
Voters who do not present proof of identity can "sign an affidavit of affirmation that the voter is the person listed on the election district record," according to Delaware Code.[18]
Background
As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.[19][20]
Provisional ballot rules
Provisional ballots, or ballots requiring additional steps or information before they can be counted, are only used for federal offices in Delaware. They cannot be used for local elections unless "specifically authorized in Title 14, Title 15 and/or the respective town or city charter."[21]
Voters in Delaware are given provisional ballots under the following circumstances.[22]
1) If the voter’s "name does not appear on the official poll list," the voter has the right to cast a provisional ballot. The voter must be registered in the election district and be eligible to vote in a federal election.
2) "If a Federal or State court order extends the time established for closing the polls, votes cast after the normal poll closing time will all be by Provisional Ballot."
In each of the above circumstances, the voter must "provide proof of identity and address to vote on a Provisional Ballot. Acceptable forms of identification are a current, valid photo ID, copy of current utility bill, bank statement, government check, paycheck or other government document that shows your name and address."[22]
If the Delaware Department of Elections determines that the voter is eligible to vote in the election, then the ballot will be counted.
A provisional ballot is rejected in the following circumstances:[23]
- If the provisional ballot is missing any of the following information: full name, complete address, political party affiliation (primary elections only), and date of birth;
- If the voter is unable to provide acceptable identification; or
- If the voter is not registered to vote in the state or the election district in which the ballot is cast.
Was your provisional ballot counted?
Provisional ballots are counted within 30 days after the election. Visit the office of the state election commissioner's Provisional Ballot Search tool to check the status of your provisional ballot.
Local election officials
Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. |
Primary election type
- See also: Primary elections in Delaware
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Delaware utilizes a closed primary process, in which the selection of a party's candidates in an election is limited to registered party members.[24][25][26]
For information about which offices are nominated via primary election, see this article.
Time off work for voting
Ballotpedia did not find a law specifying whether voters must be given time off from work to vote in this state. Nolo.com notes that states without such state laws may have administrative regulations or local ordinances pertaining to time off for voting and suggests calling your local board of elections or state labor department for more information.[27]
If you know of a relevant policy in this state, please email us. As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.
Voting rules for people convicted of a felony
- See also: Voting rights for convicted felons
In Delaware, some felonies permanently disqualify the people who commit them from voting, including murder, bribery, and sexual offenses. People who commit a felony not permanently disqualifying them from voting may reclaim their rights with the completion of their sentence or a pardon, whichever comes first. Click here for a list of Delaware's disqualifying offenses.
Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[28]
Voter list maintenance
All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA).[29] The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.[30]
When names can be removed from the voter list
Delaware law authorizes the State Board of Elections to remove the names of voters from the registered voting list if an individual:[31]
- Is adjudged mentally incompetent,
- Dies,
- Remains on the inactive voting list through two consecutive elections,
- Moves to another state or registers to vote in another state,
- Violates Section 7 of the State Constitution,
- Is convicted of committing a felony.
Inactive voter list rules
State law requires the Department of Elections to send forwardable address verification requests to voters on the active registration list. The Department places voters who do not respond within 60 days on an inactive list. Voters remain on this list until they return the address verification, complete a voter registration transaction, or vote in an election. Inactive voters are eligible to vote under Delaware law but must first verify their address at their polling place under oath. If a voter remains in inactive status through two general elections, their registration is to be canceled.[32]
The Electronic Registration Information Center (ERIC)
According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."[33]
By 2022, 33 states and the District of Columbia had joined ERIC. As of August 2023, 26 states and the District of Columbia were members in the ERIC program.[34]
As of August 2023, Delaware was participating in the ERIC program.
Post-election auditing
Delaware state law requires post-election audits. Within 48 hours of the certification of the results of an election, the state Department of Elections conducts an audit of one randomly selected device from each county and one device from the City of Wilmington. Within 60 days, the Department of Election is required to publish a report detailing the results of the audit.[35][36]
Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[28][37]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.[38]
Noteworthy events
Delaware Supreme Court struck down no-excuse absentee/mail-in voting and same-day voter registration (2022)
On October 7, 2022, the Delaware Supreme Court struck down as unconstitutional a state law allowing any registered voter to vote by absentee/mail-in ballot and a state law allowing same-day voter registration. The court ruled that the absentee/mail-in ballot statute conflicted with Article V, Section 4A of the Delaware Constitution. It ruled that the same-day registration statute conflicted with Article V, Section 4 of the Delaware Constitution.[39]
Previously, on September 14, 2022, Vice Chancellor Nathan Cook, of the Delaware Court of Chancery, had struck down the law allowing any registered voter to vote by absentee/mail-in ballot but had upheld the law on same-day voter registration.[40][12]
On September 19, 2022, Cook stayed implementation of his ruling, pending an expedited appeal to the state Supreme Court, which was scheduled to hear oral argument in the case on October 5, 2022.[41]
Same-day voter registration
On July 22, 2022, Governor John Carney (D) signed HB25 into law, establishing same-day voter registration for any presidential primary, primary, special, or general election. In order to register at a polling place, a voter must present a copy of a current and valid government-issued photo ID or a document, dated within the last 60 days, displaying the voter's name and address (e.g., utility bill, bank statement, etc.). The state House approved HB25 by a vote of 24-13 on June 7, 2022, with 23 Democrats and one Republican voting in favor and one Democrat and 12 Republicans in opposition. The state Senate approved the bill by a vote of 14-7 on June 22, 2022, with Democrats casting all "yes" votes and Republicans casting all "no" votes.[42]
No-excuse absentee/mail-in voting
On July 22, 2022, Governor John Carney (D) signed SB320 into law, establishing no-excuse absentee/mail-in voting in any non-presidential primary election, general election, or special election to fill a vacancy in a statewide office or the General Assembly. The state Senate approved the bill on June 16, 2022, by a vote of 13-8, with 13 Democrats voting in favor and one Democrat and seven Republicans in opposition. The state House approved the bill on June 29, 2022, by a vote of 25-12, with 24 Democrats and one Republican voting in favor and 12 Republicans in opposition. The bill took retroactive effect on July 1, 2022.[43]
Election policy ballot measures
Ballotpedia has not tracked any ballot measures relating to election and campaign policy in Delaware as of this time.
The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in Delaware. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.
Ballotpedia's Election Administration Legislation Tracker
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The Ballot Bulletin
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Click here to view recent issues and subscribe.
Ballot access
In order to get on the ballot in Delaware, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Delaware. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in Delaware." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting
- See also: Redistricting in Delaware
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Delaware's single United States Representative and 62 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[44][45][46][47]
Delaware was apportioned one seat in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. Click here for more information about redistricting in Delaware after the 2020 census.
State process
- See also: State-by-state redistricting procedures
Because Delaware has only one congressional district, congressional redistricting is not necessary. The state legislature draws state legislative district lines. The governor may veto the lines drawn by the state legislature.[48][49]
State law requires that state legislative districts be "insofar as possible, contiguous and bounded by roads, streams and other natural boundaries." Further, state law stipulates that district lines "may not be drawn to unduly favor any person or political party." Because these requirements are statutory, the legislature may amend them at its discretion.[48][49]
Election administration agencies
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in Delaware can contact the following local, state, and federal agencies.
Delaware Department of Elections
Office of the State Election Commissioner
- 905 S. Governors Ave, Suite 170
- Dover, DE 19904
- Telephone: 302-739-4277
- Email: coe_vote@state.de.us
- http://elections.delaware.gov/
- 905 S. Governors Ave, Suite 170
Public Integrity Commission
- 410 Federal Street
- Margaret O'Neil Bldg., Suite 3
- Dover, DE 19901
- Telephone: (302) 739-2399
- Fax: (302) 739-2398
- http://depic.delaware.gov/
- 410 Federal Street
U.S. Election Assistance Commission
- 1335 East West Highway, Suite 4300
- Silver Spring, Maryland 20910
- Telephone: 866-747-1471
Ballotpedia's election coverage
- United States Senate Democratic Party primaries, 2024
- United States House Democratic Party primaries, 2024
- Democratic Party gubernatorial primaries, 2024
- Democratic Party Secretary of State primaries, 2024
- Democratic Party Attorney General primaries, 2024
- State legislative Democratic primaries, 2024
- United States Senate Republican Party primaries, 2024
- United States House Republican Party primaries, 2024
- Republican Party gubernatorial primaries, 2024
- Republican Party Secretary of State primaries, 2024
- Republican Party Attorney General primaries, 2024
- State legislative Republican primaries, 2024
See also
- 2024 election dates and deadlines
- Voting in Delaware
- Ballot access requirements for political candidates in Delaware
- Redistricting in Delaware
Elections in Delaware
- Delaware elections, 2023
- Delaware elections, 2022
- Delaware elections, 2021
- Delaware elections, 2020
- Delaware elections, 2019
- Delaware elections, 2018
- Delaware elections, 2017
- Delaware elections, 2016
- Delaware elections, 2015
- Delaware elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ Delaware Code, "Title 15, Chapter 49, Section 4947," accessed April 6, 2023
- ↑ Office of the State Election Commissioner , "Qualifications," accessed October 6, 2019
- ↑ Delaware Department of Elections, "Voter Registration," accessed November 29, 2023
- ↑ State of Delaware, "Automatic Voter Registration at DMV," June 20, 2023
- ↑ AP, "Delaware justices nix vote-by-mail, same-day registration," October 7, 2022
- ↑ Delaware.gov, "Governor Carney Signs Early Voting Legislation," June 30, 2019
- ↑ Delaware General Assembly, "House Bill 38," accessed April 6, 2023
- ↑ Delaware General Assembly, "Senate Bill 149," accessed July 31, 2023
- ↑ State of Delaware Department of Elections, "Absentee Voting," accessed April 6, 2023
- ↑ Delaware Code Online, "Article V. Elections." accessed April 6, 2023
- ↑ 12.0 12.1 Court of Chancery of the State of Delaware, "Higgin v. Albence: Memorandum Opinion," September 14, 2022
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Delaware Online, "Delaware Supreme Court finds vote by mail, same-day registration unconstitutional," October 7, 2022
- ↑ Delaware Department of Elections, "Voting by Mail," accessed April 6, 2023
- ↑ Delaware Department of Elections, "How to return your Absentee Ballot" accessed April 6, 2023
- ↑ Delaware Department of Elections, "Does Delaware have a photo ID law," accessed April 6, 2023
- ↑ 18.0 18.1 Delaware Code, "Title 15, Chapter 49 Conduct of Elections § 4937 Voting procedure," accessed April 6, 2023 Cite error: Invalid
<ref>tag; name "dvid" defined multiple times with different content - ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," March 9, 2023
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ Delaware.gov, "TITLE 15 Elections, CHAPTER 49. Conduct of Election § 4948 Provisional ballots," accessed April 6, 2023
- ↑ 22.0 22.1 Delaware.gov, "Provisional Ballots," accessed April 6, 2023
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed April 6, 2023
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed April 6, 2023
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ State of Delaware, "Primary Election," accessed April 6, 2023
- ↑ NOLO, "Taking Time Off to Vote," accessed September 13, 2019
- ↑ 28.0 28.1 National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023 Cite error: Invalid
<ref>tag; name "ncsl" defined multiple times with different content - ↑ The Justice Department notes, "Six States (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) are exempt from the NVRA because, on and after August 1, 1994, they either had no voter-registration requirements or had election-day voter registration at polling places with respect to elections for federal office."
- ↑ The United States Department of Justice, "The National Voter Registration Act of 1993," accessed Aprl 4, 2023
- ↑ Delaware Code, "Title 15, Sections 1701, 1704, and 1707," September 16, 2019
- ↑ Delaware Code, "Title 15, Section 1704," September 16, 2019
- ↑ ERIC, "Home," accessed April 4, 2023
- ↑ ERIC, "Who We Are," accessed August 7, 2023
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed April 6, 2023
- ↑ Delaware Code, "Title 15, Chapter 50A Electronic Voting Systems § 5012A Audits; audit discrepancy procedure," accessed April 6, 2023
- ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 15, 2023
- ↑ Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
- ↑ Supreme Court of the State of Delaware, "Albence v. Higgin and Mennella," October 7, 2022
- ↑ Delaware Code Online, "Article V. Elections." accessed September 23, 2022
- ↑ U.S. News and World Report, "Ruling Nixing Vote-By-Mail in Delaware on Hold During Appeal," September 19, 2022
- ↑ Delaware General Assembly, "House Substitute 1 for House Bill 25," accessed August 1, 2022
- ↑ Delaware General Assembly, "Senate Bill 320," accessed August 1, 2022
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 48.0 48.1 All About Redistricting, "Delaware," accessed April 22, 2015
- ↑ 49.0 49.1 Delaware Code, "Title 29, Chapter 8," accessed April 22, 2015
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