Voting in Delaware

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The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Delaware:

See Election administration in Delaware for more additional information about election administration in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Voter registration

Eligibility and registration details

Check your voter registration status here.

To vote in Delaware, an individual must meet the following requirements:[1]

  • 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."[2]


In-person voting

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.[3]

Voter identification

See also: Voter identification laws by state

Delaware requires voters to present non-photo identification while voting. [4][5]

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.[5]

Early voting

See also: Early voting

On June 30, 2019, Delaware Governor John Carney (D) signed a bill that 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."[6][7]

Absentee/mail-in voting

See also: Absentee/mail-in voting

Eligible voters may request an absentee ballot up to four days before an election.[8]

On eligibility, Article V, Section 4A, of the Delaware Constitution reads:[9][10]

“ 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.[11] ”

On October 7, 2022, the Delaware Supreme Court struck down a state law allowing any registered voter to vote by absentee/mail-in ballot.[12]


Local election officials

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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.

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.[13]

Noteworthy events

2022

Delaware Supreme Court strikes down laws allowing for no-excuse absentee/mail-in voting and same-day voter registration

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.[14]

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.[15][10]

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.[16]

HB25

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.[17]

SB320

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.[18]

Election agencies

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See also: State election agencies

Individuals seeking additional information about voting provisions in Delaware can contact the following state and federal agencies.

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/

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/

U.S. Election Assistance Commission

1335 East West Highway, Suite 4300
Silver Spring, Maryland 20910
Telephone: 866-747-1471

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See also

Elections in Delaware


External links

Footnotes

  1. ↑ Office of the State Election Commissioner , "Qualifications," accessed October 6, 2019
  2. ↑ Delaware Department of Elections, "Voter Registration," accessed November 29, 2023
  3. ↑ Delaware Code, "Title 15, Chapter 49, Section 4947," accessed April 6, 2023
  4. ↑ Delaware Department of Elections, "Does Delaware have a photo ID law," accessed April 6, 2023
  5. ↑ 5.0 5.1 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
  6. ↑ Delaware.gov, "Governor Carney Signs Early Voting Legislation," June 30, 2019
  7. ↑ Delaware General Assembly, "House Bill 38," accessed October 24, 2019
  8. ↑ State of Delaware Department of Elections, "Absentee Voting," accessed April 6, 2023
  9. ↑ Delaware Code Online, "Article V. Elections." accessed April 6, 2023
  10. ↑ 10.0 10.1 Court of Chancery of the State of Delaware, "Higgin v. Albence: Memorandum Opinion," September 14, 2022
  11. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ Delaware Online, "Delaware Supreme Court finds vote by mail, same-day registration unconstitutional," October 7, 2022
  13. ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
  14. ↑ Supreme Court of the State of Delaware, "Albence v. Higgin and Mennella," October 7, 2022
  15. ↑ Delaware Code Online, "Article V. Elections." accessed September 23, 2022
  16. ↑ U.S. News and World Report, "Ruling Nixing Vote-By-Mail in Delaware on Hold During Appeal," September 19, 2022
  17. ↑ Delaware General Assembly, "House Substitute 1 for House Bill 25," accessed August 1, 2022
  18. ↑ Delaware General Assembly, "Senate Bill 320," accessed August 1, 2022
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