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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:

Click here for more information about election administration in the state, including voter list maintenance policies, provisional ballot rules, post-election auditing practices, and additional election policy context.

For information on elections happening this year, click here.

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]

As of July 2024, the state website said:[4]

“

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:

  • Delaware Driver’s License
  • Delaware Identification Card
  • U.S. Passport
  • Signed Polling Place card
  • Signed Social Security card
  • Signed vehicle registration
  • Signed credit card with photo ...

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:

  • Valid Photo ID
  • Copy of utility bill
  • Bank statement
  • Government check, paycheck, or other government document that displays your address[6]
 ”

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.[7] The court agreed to hear the case on an expedited basis to provide clarity to voters and election administrators before the November election.[8] 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.

Forty-seven states and the District of Columbia permit no-excuse early voting.


Absentee/mail-in voting

See also: Absentee/mail-in voting

The deadline for eligible voters to request an absentee/mail-in ballot is no later than four days before an election.[9]

According to the state's absentee/mail-in ballot application, an individual is eligible for any of the following reasons:[10]

“
  • I am in public service of the United States (U.S.) or the State of Delaware, or I am a citizen of the U.S. temporarily residing outside the territorial limits of the U.S. and the District of Columbia, or such person’s spouse or dependent when residing with or accompanying such person, or absent from this State because of illness or injury while serving the armed forces of the U.S.
  • I am in the armed forces of the U.S. or the merchant marine of the US., or attached to and serving with the armed forces of the U.S. in the American Red Cross or United Service Organizations.
  • Due to the nature of my business or occupation. This reason includes:
    • the business or occupaton of providing care to my parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury;
    • students; and
    • otherwise eligible persons who are incarcerated.
  • I am sick or physically disabled (temporarily or permanently).
  • I am absent from the district while on vacation.
  • I am unable to vote at a certain Ɵme or on a certain day due to the tenets or teachings of my religion.
  • I am otherwise authorized pursuant to the Federal

Uniformed and Overseas Citzens Absentee Voting Act to vote by absentee ballot.

  • I am otherwise authorized by federal law to vote by absentee ballot.[6]
 ”

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.[10]

On October 7, 2022, the Delaware Supreme Court struck down a state law allowing any registered voter to vote by absentee/mail-in ballot.[11]

On eligibility, Article V, Section 4A, of the Delaware Constitution reads:[12][13]

“ 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.[6] ”


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 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.[14]


Election administration agencies

Election agencies

Seal of the U.S. Election Assistance Commission
See also: State election agencies

Individuals seeking additional information about election administration in Delaware can contact the following local, state, and federal agencies.

Delaware Department of Elections

Click here for a list

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

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See also

Elections in Delaware


External links

Footnotes

  1. ↑ Office of the State Election Commissioner , "Qualifications," accessed July 22, 2024
  2. ↑ Delaware Department of Elections, "Voter Registration," accessed July 22, 2024
  3. ↑ Delaware Code, "Title 15, Chapter 49, Section 4947," accessed July 22, 2024
  4. ↑ 4.0 4.1 Delaware.gov, "Voting in Delaware," accessed July 22, 2024
  5. ↑ 5.0 5.1 Delaware Code, "Title 15, Chapter 49 Conduct of Elections § 4937 Voting procedure," accessed July 22, 2024 Cite error: Invalid <ref> tag; name "dvid" defined multiple times with different content
  6. ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. ↑ WHYY, "Delaware Supreme Court restores access to early voting, permanent absentee voting," February 23, 2024
  8. ↑ Delaware.gov, "In unanimous ruling, Court sides with Jennings on voting rights," June 28, 2024
  9. ↑ State of Delaware Department of Elections, "Absentee Voting," accessed July 22, 2024
  10. ↑ 10.0 10.1 State of Delaware Department of Elections, "Request for an Absentee Ballot for Primary, General and/or Special Elections," accessed July 22, 2024
  11. ↑ Delaware Online, "Delaware Supreme Court finds vote by mail, same-day registration unconstitutional," October 7, 2022
  12. ↑ Delaware Code Online, "Article V. Elections." accessed April 6, 2023
  13. ↑ Court of Chancery of the State of Delaware, "Higgin v. Albence: Memorandum Opinion," September 14, 2022
  14. ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
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