A guide to voter rights in Delaware. What you need to know before you cast a ballot



EDITOR’S NOTE:: A previous version on this story included an incorrect byline, and omitted information on how to vote in the upcoming election.

For years, Delaware has had rigid voting laws, with in-person voting on an election day the only option for most voters. Efforts to expand absentee voting and eliminate the need to provide an excuse have stalled after receiving broad bipartisan support in 2019, prior to COVID-19 and the 2020 election. Still, the First State has taken steps toward expanding voting access in recent years. For instance, the legislature has approved early voting and this year gave the green light for same-day voter registration.

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Officials from the state Department of Elections said that reported cases of potential voter fraud are investigated and referred to the Department of Justice as warranted. Only when charges are brought is the nature and number of investigations disclosed to the public.

Source: Delaware Department of Elections

For around twenty years, former felons have had the right to vote. Former felons that have committed a disqualifying felony, which includes murder or manslaughter and abuse of office, are permanently restricted from voting.

Source: Delaware Department of Elections, Delaware Code Online

Though Delaware voters are asked to show identification when they arrive at a polling place, the state does not actually have a photo ID law. If a voter arrives at their correct polling place without a form of ID, such as a polling place card, driver’s license or passport, they must sign an affidavit affirming their identity if their name is on the poll list.

Source: Delaware Department of Elections

In January, Delawareans gained the opportunity to cast their ballots in person before election day, under a bill that passed the Legislature in 2019. Voters can cast ballots at least 10 days before primary and general elections at select locations in the state.

Source: Delaware Code Online

There are several ways Delawareans can vote this year. The first is by voting in person at your local polling location. Here’s how you can find the one near you

Registered voters can choose to mail in their ballots after requesting them from the Department of Elections.

Here’s how it works:

  • Voters must request a ballot at least one week before the election on Sept. 13. Here’s where to request one.
  • When you receive the ballot, read the instructions, complete the ballot and place it in the sealed envelope. 
  • You will be required to include one of the following in the indicated area on the ballot: 
    • Last four (4) digits of voter’s social security number
    • Delaware Driver’s License number
    • Delaware State ID number
  • Place the security label over identification information. 
  • You are required to return your ballot to your county’s elections office by 8 p.m. on Election Day. You can do so the following ways:
    • Place the ballot envelope in the mail
    • Drop the ballot in a secure ballot drop box at the Department of Elections office for your county
    • Secure ballot drop box locations

You can also request an absentee ballot, which is a similar process. 

Delaware’s last redistricting occurred in the fall of 2021, based on 2020 census data. This census, and the resultant drawing of district lines, was the first time the state counted prisoners at their last recorded address before incarceration, as opposed to the address of the prison.

Source: Delaware Online

The use of cell phones and clothing pertaining to a candidate up for an election are prohibited in Delaware polling places. Political activity can only occur at least 50 feet from the voting room. Additionally, polling-place rules in Delaware allow children under 17 years old to accompany the voter in their booth.

Source: Delaware Code Online, Delaware Department of Elections

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