Processing, counting, and challenging absentee/mail-in ballots in Delaware, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016. The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Delaware for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

• How ballots are processed and counted
• Whether ballots can be challenged
• Conditions for rejecting a ballot
• Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Delaware for the November 2020 election.

Absentee voting in Delaware: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 30, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Received

Were there notary or witness requirements?

No requirement

Processing ballots

Officials in Delaware began processing absentee/mail-in ballots on October 30, 2020. As of November 2020, Delaware law included the following provision for processing absentee/mail-in ballots:

“

(a) Notwithstanding any other provision of this chapter or regulations adopted by the Department, a Department of Elections may open absentee ballots in public meetings beginning the Friday before the day of the election in order to prepare them for tabulation. The Department shall notify each party on the ballot that they may have challengers at the meetings during which the Department opens the absentee ballots. The challengers may challenge ballots as provided elsewhere in this title. (b) The Department shall appoint teams composed of an equal number of Democrats and Republicans to open and duplicate ballots. (c) The teams shall open ballots by election district, check them off against the list of absentee voters, duplicate ballots that the team determines that the tabulating equipment cannot read and then secure the opened and duplicated ballots along with the envelopes in a carrier envelope. The teams shall record the number of the carrier envelope and the election district number on a log sheet that it shall also secure in the same carrier envelope.

”

See law: 15 DE Code § 5510A (2019)

Counting ballots

Officials in Delaware began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Delaware law included the following provision for counting absentee/mail-in ballots:

“

At any time between the Friday before the day of the election and the closing of the polls on an election day, absentee election judges within each county, selected by the administrators of the Department in that county, shall count absentee ballots at the Department’s offices in the county as follows: (1) An absentee judge shall select the ballot envelopes in order of the election districts within the county; (2) For each ballot envelope, the absentee judges shall ascertain whether a challenge has been made pursuant to this chapter; (3) If a challenge has been made, the BALLOT ENVELOPE shall be marked as “CHALLENGED” and shall be set aside in a secure location for consideration at a later time as provided elsewhere in this title. (4) If no challenge has been made, the absentee judges shall: a. Open the ballot envelopes in such a manner as not to deface or destroy the statement thereon or the absentee ballot enclosed; b. Remove the ballots from the ballot envelopes; c. Determine whether the ballots have been properly completed and/or whether the elector’s intent can be determined pursuant to § 4972 of this title; d. Tally any absentee votes that were written-in, or that must be counted by hand pursuant to § 4972 of this title, on absentee vote tally sheets for the election district with whose votes the absentee votes are to be counted; and e. Record the proper notations of such votes in the election records for the election district to which they apply. f. A ballot that a team determines cannot be read by the tabulating equipment or which the tabulating equipment rejects, shall be duplicated as provided for in § 5510A of this title.

”

See law: 15 DE Code § 5510 (2019)

Delaware law included the following provision for who may count absentee/mail-in ballots:

“

(a) The Department shall ensure that each panel of mail judges selected to officiate the procedures set forth in this chapter represent a politically balanced cross section of the major political parties participating in the election for which absentee ballots are being counted.

”

See law: Delaware Code Title 15 Chapter 56 § 5618 Duties of Department of Elections; political balance of mail judges; security

Delaware law included the following provision for poll watchers:

“

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day.

”

See law: Delaware Code Title 15 Chapter 49 § 4934 Challengers; appointment and powers.

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Delaware law included the following provision for challenging ballots:

“

(a) The ballot of any elector choosing to vote by mail ballot may be challenged for the same causes and in the same manner as provided in this title for other voters. (b) In addition, the vote of a mail voter may be challenged for any of the following grounds: (1) That the statement filed by the voter in compliance with § 5603 of this title is false. (2) That the statement in the center of the face of the ballot envelope is not signed. (c) If a challenge is made pursuant to subsection (a) of this section, a mail judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED,” and shall set the envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. If a challenge is made pursuant to subsection (b) of this section, a mail judge shall mark the ballot envelope as “CHALLENGED” and shall set it aside.

”

See law: Delaware Code Title 15 Chapter 56 § 5614 Challenges

As of November 2020, Delaware law included the following provision for handling challenged ballots:

“

(d) All challenges to mail ballots voted in a particular election district must be resolved before the counting of votes in that election district may be considered complete. Any challenge not resolved by the mail judges within a reasonable time of the challenge having been made shall be referred for resolution to the county director and deputy county director of the Department in the county where such election district is located.

”

See law: Delaware Code Title 15 Chapter 56 § 5614 Challenges

Rejecting ballots

As of November 2020, Delaware law included the following provision for rejecting absentee/mail-in ballots:

“

(a) No vote shall be accepted or counted if any of the following occurs: (1) The statement of the mail voter that appears on the front of the ballot envelope is found to have been altered or is not signed. (2) The mail voter is not a duly registered elector in this State. (3) The ballot envelope is open. (4) It is evident that the ballot envelope has been opened and resealed. (5) It is evident that the ballot envelope has been tampered with or altered. (b) If the ballot envelope has not been opened at the time a mail judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED,” giving the reason therefore.

”

See law: Delaware Code Title 15 Chapter 56 § 5615 Rejected ballots

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.

As of November 2020, Delaware law did not include a provision for curing ballots.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
• Absentee/mail-in voting, 2020