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Government responses to and political effects of the coronavirus pandemic, 2020 (Delaware)

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Responses by state

Ballotpedia’s coverage of COVID-19 includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.

This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:

Additionally, the article includes:

To view current coverage areas, including mask requirements, school responses, travel restrictions, and much more, click a state in the map below.

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Changes to election dates and procedures, March 16 through November 19

General election changes

Delaware modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:

  • Absentee/mail-in voting: Vote-by-mail applications were sent to all registered voters in the general election.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Primary election changes

Delaware modified its primary election processes as follows:

  • Election postponements: The presidential preference primary was postponed from April 28, 2020, to July 7.
  • Voting procedures: Vote-by-mail applications sent to all registered voters in the primary election.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Click the gray bar below for more detailed information.


Statewide stay-at-home order, March 23 through December 4

See also: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

On March 22, Governor John Carney issued the fifth modification to his state of emergency declaration, which prohibited non-essential travel and put restrictions on non-essential businesses.[5] The order was originally scheduled to expire on May 15. On May 8, Carney extended the order through May 31.[6] The order was not extended and ended on May 31.[7]

Following the release of Carney's fifth modification to the state of emergency declaration, the office of the governor released list of essential businesses and industries that would be permitted to remain open under the order. The document embedded below lists those businesses and industries.[8]


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Executive orders, March 30 through June 29

See also: Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020


Court closures, March 17 through November 4

See also: State court closures in response to the coronavirus (COVID-19) pandemic, 2020
  • October 5, 2020: Delaware courts advanced into a modified Phase 3 of reopening, allowing jury trials to resume. Phase 3 also allowed courts to operate at 75% capacity, and increased the number of people allowed in a courtroom to 50.[9]
  • September 4, 2020: Chief Justice Collins Seitz Jr. extended the judicial emergency through October 5, and announced that the judiciary would move into a modified Phase 3 of reopening on that date. Under the modified Phase 3, the Delaware Supreme Court will permit jury trials to resume and allow courts to increase capacity from 50% to 75%.[10]
  • August 5, 2020: Chief Justice Collins Seitz Jr. said that state courts would remain in Phase 2 of reopening through September 5. Phase 2 prohibited jury trials.[11]
  • July 6, 2020: Chief Justice Collins Seitz Jr. extended the judicial emergency for another 30 days. Delaware courts remain in Phase Two of reopening, with restrictions on court activities, including a ban on jury trials.[12]
  • May 29, 2020: The Delaware Supreme Court issued the Court’s Reopening Committee’s interim report, and plans for the state’s Justice of the Peace Courts for both criminal and civil court locations to help courts in the state plan to resume operations.[13]
  • May 13, 2020: The Delaware Supreme Court extended restrictions on in-person proceedings and suspension of jury trials through June 13. [14]
  • April 30, 2020: The Delaware Supreme Court issued an order requiring the use of face masks for any individual entering court facilities if six feet of separation could not be maintained.[15]
  • April 14, 2020: Delaware Supreme Court Chief Justice Collins Seitz Jr. extended court closures in the state through May 14, except for Delaware’s three Justice of the Peace courts. The three 24-hour courts would remain open to accept bail payments for all courts and Justice of the Peace Court emergency criminal and civil filings.[16]
  • March 23, 2020: Delaware Supreme Court ordered court facilities to be closed to the public until April 15, 2020. Courthouse staffing was reduced for emergency and essential matters.[17]
  • March 15, 2020: Superior Court of Delaware President Judge Jan R. Jurden ordered that all jury trials in Delaware be suspended until April 15.[18]

Legislative session changes, March 20 through October 1

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

The Delaware State Legislature suspended its session, effective March 18, 2020, through May 26, 2020. The suspension was initially scheduled to last through March 24, 2020. The legislature adjourned on June 30, 2020.[19][20][21]

Proposed and enacted legislation, March 25 through August 19

See also: State laws in response to the coronavirus (COVID-19) pandemic, 2020

See below for a complete list of bills related to the coronavirus pandemic in Delaware. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.

Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24

See also: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020


  • March 24, 2020: Gov John Carney (D) issued an executive order which paused evictions and foreclosures in the state until the state of emergency expired or was rescinded.[22]
  • March 13, 2020: The Delaware Justice of the Peace issued an order which paused all landlord/tenant proceedings through April 16. Rescheduled hearings could not occur before May 1.[23]


Prison inmate release responses, March 30 through July 1

See also: State and local governments that released prison inmates in response to the coronavirus (COVID-19) pandemic, 2020
  • Between March 30 and July 1, Delaware did not make an announcement concerning the release of incarcerated individuals due to coronavirus on a state level.


Debate in Delaware over responses to the coronavirus

See also: Debate in Delaware over responses to the coronavirus (COVID-19) pandemic, 2020

Ballotpedia is covering the debate over continuing restrictions and closures in Delaware in response to the coronavirus pandemic. Click on the links below to read more about these debates.

Status of industries, May 15 through July 31

Between May 15 and July 31, we conducted detailed tracking of industries and activities in each state daily.

  • "Yes" means an activity was allowed or an industry was permitted to open. "No" means an activity was not allowed or an industry was not permitted to reopen.
  • Some rules were applied regionally rather than statewide. Each cell shows the loosest restriction in place at the time, or the broadest level of an activity permitted in the state, even if that activity was only permitted regionally. Where applicable, we indicated that an activity was only permitted regionally, and provided details in a cell note. For example, if gyms were permitted to open in half of a state, the spreadsheet would say "Yes (regionally)," and differences between the regions would be explained in a note.
  • A lack of detail in a note or parentheses does not necessarily mean that an activity or industry was "back to normal." We did our best to capture caveats, exceptions, and modifications to activities. We acknowledge, though, that states put forth a large number of requirements for many industries and activities.

Initial reopening plan from March and April 2020 closures

Delaware released an initial reopening plan from March and April 2020 closures on May 15, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on May 29. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.

Summary from Documenting America's Path to Recovery

See also: Documenting America's Path to Recovery: May 29, 2020

On May 15, Gov. John Carney (D) released details of Phase 1 of the state's economic reopening, with general and industry-specific requirements for businesses allowed to reopen June 1. The state's stay-at-home order expires on May 31. Carney said the state will follow the White House's guidance for determining when to begin reopening phases, including hospital capacity measures and a 14-day decline in cases. The governor's office said it will focus on the following as restrictions are lifted:

As of May 29, the governor's office had released details for Phase 1.

Local governments in Delaware may impose greater restrictions on businesses and individual activity than state restrictions.

Context

  • Carney modified his state of emergency declaration to order nonessential businesses' physical locations to close and individuals to stay home except for essential activities starting on March 24. The stay-at-home modification requires individuals to follow social distancing and sanitation guidelines in shared spaces and during outdoor activity. The orders were set to expire on May 15. Carney extended them until May 31. On May 22, Carney issued a modification effective June 1 allowing Phase 1 businesses to reopen with certain guidelines.
  • On April 25, Carney modified the state of emergency declaration to require individuals and employees to wear face coverings in certain settings. The order remains in effect until further notice.
  • As of May 28, Delaware had 9,171 positive COVID-19 cases and 345 deaths. Delaware's estimated population as of July 2019 was 973,764. For every 100,000 residents, the state had 941.8 cases and 35.4 deaths.
  • Delaware is a Democratic trifecta, with a Democratic governor and Democratic majorities in both chambers of the state legislature.

General guidelines for businesses and individuals

Guidance for individuals

  • Cloth face coverings must be worn in accordance with the State of Emergency Order.
  • Individuals must regularly wash their hands according to Division of Public Health guidance, and must stay home when sick.
  • At all times, individuals who are not part of a household should maximize physical distance from others and remain six (6) feet apart.
  • All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas, shopping areas), should maximize physical distance from others. Social settings of more than 10 people, where appropriate distancing may not be practical, must be avoided (e.g. receptions, trade shows).
  • The number of individuals in a particular location will be strictly controlled in order to make sure that safe social distancing is maintained. Some of these limits are addressed for individual industries in the industry guidance, but where it is not otherwise stated, the upper limit is 30% of fire code occupancy (excluding staff).
  • Non-essential travel should be avoided.
  • ALL VULNERABLE INDIVIDUALS should continue to shelter in place. Members of households with vulnerable residents should be aware that by returning to work or other environments where distancing is not practical, they could carry the virus back home. Precautions should be taken to isolate from vulnerable residents.
    • Vulnerable individuals are those over the age of 65 or those with underlying health conditions. For a list of conditions, see page 14 of the plan.

General business guidance

  • Employers should close COMMON AREAS where personnel are likely to congregate and interact, or enforce strict social distancing protocols.
  • Employees and customers have a responsibility to self-quarantine if they have a reason to expect that they may be ill or may have come into contact with COVID-19. Employees who are symptomatic must not physically return to work until cleared by DPH or their medical provider.
  • Employers are encouraged to continue to have staff work from home whenever possible. Employees who have been working from home throughout this crisis should continue working from home unless there is a substantive change to business operations in Phase 1 (e.g. a business was closed, but now it’s open).
  • All surfaces touched by customers, including doors, restrooms, and point of sale infrastructure must be disinfected using an EPA-approved disinfectant every 15 minutes to 2 hours.
  • All employees required to go to work should perform a daily health check as prescribed by the Delaware Division of Public Health.
  • All employees should wash hands regularly with soap and water throughout the work day, and in particular after any time they come into contact with a customer. Hand sanitizer should be used to supplement hand washing throughout the day. Employees must also social distance from each other while working. This can be accomplished through spacing or moving workstations, staggering shifts or other means.
  • Businesses must make hand sanitizer or handwashing stations readily available for all employees and customers.
  • Downtime should be given between shifts and after closing for thorough cleanings of an establishment at a minimum after each day.
  • Employers should post signs on how to stop the spread of COVID-19, hand hygiene, and properly wear a cloth face covering.

Phase details

Pre-Phase 1 (May 8-22) May 8:

May 15:

May 20:

  • Retailers could open by appointment only ("may accept two appointments per half hour and must adhere to strict social distancing and cleaning guidance from the Delaware Division of Public Health (DPH) and the U.S. Centers for Disease Control and Prevention.")

May 22:

Phase 1 (June 1)

The following may reopen in Phase 1. In addition to the guidelines provided below, see additional industry-specific requirements here.

  • Arts and Culture (i.e. galleries, museums, libraries): "30% capacity; Face covering required; Strict social distancing"
  • Food and drink establishments: "30% capacity; Face covering required; Strict social distancing; Reservation-only dining; delivery and takeout available; bars closed; no self-service"
  • Retail establishments: "30% of fire code occupancy; Face covering required; Strict social distancing"
  • Malls: "30% of fire code occupancy limit; Face covering required; Strict social distancing; Food and drink facilities must follow food and drink industry guidelines"
  • Exercise facilities: "30% of fire code occupancy limit; Face covering required; Strict social distancing; Classes under 10 people allowed; Thorough cleaning and disinfecting"
  • Barbershops, hair salons, tanning salons: "30% of fire code occupancy limit; Appointment-only; Face covering required; Social distancing when feasible"
  • Realty: "Resume open houses with no more than 10 individuals; Face covering required; Social distancing; Proper disinfecting of property"
  • Casinos: "Create and submit reopening plan to State Lottery and DPH; Thorough cleaning and disinfecting; employee training; 30% of fire code occupancy limit; gaming machines must be kept at least 8 ft. apart"
  • Racetracks: "Create and submit facility specific plan to DPH and Dept. of Ag; No automobile racing in Phase 1; No fans permitted to attend races; Staff must be socially distanced"
  • Parks and recreation: "Remain open or reopen with modifications to ensure social distancing; No gatherings or events; Properly disinfect any equipment"
  • Childcare: "Must be designated as an Emergency Child Care Site; Open for employees of essential and/or reopened businesses"
  • Youth sports: "No-contact sports and physical activities for children may resume; Strict social distancing; Groups limited to 10; Coaches and staff must wear face coverings; No competitions"
  • Places of worship: See additional guidance
  • Sporting facilities (i.e., bowling alleys, martial arts and dance studios, and indoor athletic facilities) may reopen if "they can create a facility specific plan to observe the industry guidance provided herein for exercise facilities."

Other modified or lifted restrictions on June 1 are:

Coronavirus resources

Click the links below to explore official resources related to the coronavirus outbreak.

State resources

Twitter feeds for government officials and agencies appear below.

Federal resources

See also

Footnotes

  1. ↑ Office of the Governor of Delaware, "Governor Carney Signs Vote By Mail Legislation," July 1, 2020
  2. ↑ Office of the Governor of Delaware, "Governor Carney Reschedules Presidential Primary for July 7," May 7, 2020
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ Office of the Governor of Delaware, "Sixth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat," March 24, 2020
  5. ↑ [1]
  6. ↑ State of Delaware, "Governor Carney Releases Statement on Economic Reopening; Announces June 1 as Target for Phase I," May 8, 2020
  7. ↑ FOX 29, "Delaware lifting stay-at-home order today," June 1, 2020
  8. ↑ Delaware.gov', "Delaware list of essential and nonessential businesses during coronavirus," accessed March 24, 2020
  9. ↑ Fox 29, "Jury trials to resume Monday in Delaware," October 4, 2020
  10. ↑ Delaware State News, "Judicial emergency extended; jury trials to restart Oct. 5," September 4, 2020
  11. ↑ Delaware Business Times, "Delaware courts extend Phase 2 to Sept. 5," August 6, 2020
  12. ↑ WMDT, "Del. judiciary extends emergency, courts remain in Phase 2 of reopening," July 6, 2020
  13. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Jun1
  14. ↑ National Center for State Courts, "Coronavirus and the Courts," May 14, 2020
  15. ↑ IN THE SUPREME COURT OF THE STATE OF DELAWARE, "USE OF FACE MASKS/COVERINGS IN COURT FACILITIES," April 30, 2020
  16. ↑ Delaware State News, "Delaware Chief Justice extends court closures until May 14," April 14, 2020
  17. ↑ National Center for State Courts, "Coronavirus and the Courts," March 23, 2020
  18. ↑ U.S. News & World Report, "Delaware Suspends All Jury Trials Amid Coronavirus Fears," March 15, 2020
  19. ↑ WHYY, "Delaware Gov. Carney declares state of emergency, puts National Guard on alert," March 12, 2020
  20. ↑ Delaware General Assembly, "Home," accessed March 20, 2020
  21. ↑ Delaware General Assembly, "Home," accessed May 26, 2020
  22. ↑ State of Delaware, "SIXTH MODIFICATION OF THE DECLARATION OF A STATE OF EMERGENCY FOR THE STATE OF DELAWARE DUE TO A PUBLIC HEALTH THREAT," March 24, 2020
  23. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named EvictMA
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