EDITOR’S NOTE: This page is part of a comprehensive guide to state voting rights across the U.S. and in Puerto Rico.
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.
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
For years, Delawareans could only submit an absentee ballot if they provided a valid excuse for their need to vote absentee. During the height COVID-19 pandemic, Delaware temporarily expanded voting access to Delawareans, allowing them to mail absentee without providing an excuse. Though the state passed legislation regarding mail-in voting this year, it has not specifically expanded absentee voting.
Source: Delaware News Journal
This year, Delaware passed a law that allows no-excuse mail-in voting. In this mail-in voting system, voters have to request a ballot and then deposit it in a secure dropbox or deliver it to the state’s Department of Elections.
Source: Delaware General Assembly
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: DelawareOnline Article
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 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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