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Election administration encompasses a state's voting policies, procedures, and enforcement. These include voter identification requirements, early and absentee/mail-in 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:
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]
To vote in Delaware, an individual must meet the following requirements:[3]
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]
Delaware practices automatic voter registration through Delaware Division of Motor Vehicles (DMV) locations and website. Individuals that complete an in-person or online application for a drivers license, learners permit, or identification card, or completes an in-person or online application to change their name or address on these documents, are atumatically registerd to vote. An individual whose eligibility and citizenship status have been confirmed by the DMV is also automatically registered.[5][6]
According to the Department of Election's website, voters that are automatically registered are mailed a "“Notice of Automatic Voter Registration”, which includes a “Response to Automatic Voter Registration” form. AVR voters may use the form to update their voter registration, choose a party affiliation, or cancel their voter registration."[6]
Delaware has implemented an online voter registration system. Residents can register to vote by visiting this website.
Delaware does not allow same-day voter registration.[7]
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.
Delaware does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "if you register to vote even though you know you are not eligible, you can be fined between $50.00 - $200.00 or imprisoned for 30 days to two years, or both."[8]
The state's voter portal allows residents to check their voter registration status online.
Delaware permits early voting. Learn more by visiting this website.
On June 28, 2024, the Delaware Supreme Court struck down a ruling from the Delaware Superior Court and reinstated early voting in the state. In a 5-0 decision, the court ruled that plaintiffs failed to prove that they would be harmed by laws permitting early voting, and therefore had no standing to sue. The decision, therefore, did not rule on the lower court's determination that early voting was prohibited by the Delaware Constitution.[9] The court agreed to hear the case on an expedited basis to provide clarity to voters and election administrators before the November election.[10] To read more about this case, see here.
Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.
As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting.
The deadline for eligible voters to request an absentee/mail-in ballot is no later than four days before an election.[11]
According to the state's absentee/mail-in ballot application, an individual is eligible for any of the following reasons:[12]
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Uniformed and Overseas Citzens Absentee Voting Act to vote by absentee ballot.
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Certain of these voters are eligible for a permanent absentee/mail-in voting status and may request to be added to the permanent list on their ballot application.[12]
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]
On eligibility, Article V, Section 4A, of the Delaware Constitution reads:[15][16]
“ | 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] | ” |
Completed absentee/mail-in ballots can be returned by mail, in-person by the voter, or in-person by someone other than the voter. Completed ballots must be returned by 8:00 p.m. on Election Day.[17][11]
Upon returning a completed absentee/mail-in ballot, the voter must sign the return envelope.[17] Delaware does not have a cure provision, or a law providing for a process where election officials follow up with voters whose absentee/mail-in ballots contain a signature discrepancy or lack the requisite signatures.
Use the voter portal, provided by the Delaware Department of Elections, to check the status of your absentee/mail-in ballot.
Delaware requires voters to present non-photo identification while voting.[18][19]
As of July 2024, the state website said:[18]
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When arriving at a polling place, a poll worker will ask you for proof of identity. A photo ID is not required. Examples of acceptable IDs:
When arriving at an Early Voting Site, a poll worker will ask you for proof of identity. A photo ID is not required. Permitted forms of identification include current:
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” |
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.[19]
As of April 2024, 35 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 24 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. In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.
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."[20]
Voters in Delaware are given provisional ballots under the following circumstances.[21]
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."[21]
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:[22][20]
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.
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. |
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.[23][24][25]
For information about which offices are nominated via primary election, see this article.
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.[26]
If you know of a relevant policy in this state, please email us.
As of September 2024, 28 states required employers to grant employees time off to vote. Within these 28 states, policies varied as to whether that time off must be paid and how much notice must be given.
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.[27]
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).[28] 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.[29]
Delaware law authorizes the State Board of Elections to remove the names of voters from the registered voting list if an individual:[30]
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.[31]
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 and other sources, to provide member states with 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: "Members fund ERIC. New members pay a one-time membership fee of $25,000, which is reserved for technology upgrades and other unanticipated expenses. Members also pay annual dues. Annual dues cover operating costs and are based, in part, on the citizen voting age population in each state."[32]
By 2022, 33 states and the District of Columbia had joined ERIC. As of May 2024, 24 states and the District of Columbia were members in the ERIC program.[33]
As of July 2024, Delaware was not a participating member in the ERIC program.
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 state Department of Elections must complete another audit of one randomly selected election district from each county and one district from the City of Wilmington, as well as an audit of one statewide race in one randomly selected election district from each county and one district from the City of Wilmington. The districts audited in each case must be different.
Within 60 days, the Department of Election is required to publish a report detailing the results of the audit.[34][35]
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.[36][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 October 2024, 49 states and the District of Columbia had some form of post-election audit by law. Of these, 35 states and the District of Columbia required traditional post-election audits, while six states required risk-limiting post-election audits by law. Eight states used some other form of post-election audit, including procedural post-election audits.[38][39]
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.[40]
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.[41][16]
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.[42]
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.[43]
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.[44]
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:
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.
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
Here's the solution: Ballotpedia's Election Administration Legislation Tracker.
Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:
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.
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.
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, click here. 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 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.[45][46][47][48]
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.
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.[49][50]
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.[49][50]
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
Public Integrity Commission
U.S. Election Assistance Commission
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