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:
- Voter registration details, including deadlines and eligibility requirements.
- In-person voting details, including identification requirements, poll times, and early voting provisions.
- Absentee/mail-in voting deadlines and rules.
- Details about Voting rules for people convicted of a felony.
- Contact information election agencies.
- Summaries of noteworthy policy-related events.
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
The table below displays voter registration information specific to Delaware's 2024 election cycle.
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
The table below displays in-person voting information specific to Delaware's 2024 election cycle.
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
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.[6] The court agreed to hear the case on an expedited basis to provide clarity to voters and election administrators before the November election.[7] 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 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.
Absentee/mail-in voting
- See also: Absentee/mail-in voting
The table below displays absentee voting information specific to Delaware's 2024 election cycle.
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
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
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 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
- Phone: 302-739-4277
- Fax: 302-739-6794
- Email: coe_vote@state.de.us
- Website: http://elections.delaware.gov/
Public Integrity Commission
- 410 Federal Street, Suite 3
- Dover, DE 19901
- Phone: 302-739-2399
- Fax: 302-739-2398
- Email: Deborah.Moreau@delaware.gov
- Website: http://depic.delaware.gov/
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Phone: 301-563-3919
- Toll free: 1-866-747-1471
- Email: clearinghouse@eac.gov
- Website: https://www.eac.gov
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.
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- The Ballot Bulletin: July 19, 2024
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Ballotpedia's election coverage
- United States Senate Democratic Party primaries, 2024
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- 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
- Voter ID in Delaware
- Election administration in Delaware
- Ballot access requirements for political candidates in Delaware
Elections in Delaware
- Delaware elections, 2024
- 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
- ↑ Office of the State Election Commissioner , "Qualifications," accessed October 6, 2019
- ↑ Delaware Department of Elections, "Voter Registration," accessed November 29, 2023
- ↑ Delaware Code, "Title 15, Chapter 49, Section 4947," accessed April 6, 2023
- ↑ Delaware Department of Elections, "Does Delaware have a photo ID law," accessed April 6, 2023
- ↑ 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 - ↑ WHYY, "Delaware Supreme Court restores access to early voting, permanent absentee voting," February 23, 2024
- ↑ Delaware.gov, "In unanimous ruling, Court sides with Jennings on voting rights," June 28, 2024
- ↑ State of Delaware Department of Elections, "Absentee Voting," accessed April 6, 2023
- ↑ Delaware Code Online, "Article V. Elections." accessed April 6, 2023
- ↑ 10.0 10.1 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
- ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
- ↑ 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
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