EDITOR’S NOTE: This page is part of a comprehensive guide to voting rights across the U.S. and in Puerto Rico.
The Delaware General Assembly this year passed legislation that is expected to significantly expand voting access in the First State, specifically by allowing same-day voter registration and permitting people to mail in their ballots for state primaries and general elections.
These two bills were significant wins for Delaware Democrats, and are likely some of the most consequential voting legislation since the passage of the Voting Rights Act of 1965.
For years, Delaware had rigid voting laws. The only option available to most voters was casting a ballot in-person on Election Day. The Democratic-controlled legislature has in recent years passed other election-related bills, most notably early voting.
Voting experts and lawmakers say that these pieces of legislation will likely boost voter turnout. Many states have had these types of election laws for years.
The pandemic was a turning point for voter access in Delaware.
“Delaware has not been on the forefront of making it easier to vote until COVID hit,” said David Redlawsk, a University of Delaware political science professor. “Delaware has — particularly for a state that has been controlled by the Democrats — has had pretty restrictive rules, particularly in terms of absentee ballots.”
In 2020, Delaware temporarily expanded voting access by allowing registered voters to mail-in ballots. This was a departure from Delaware’s absentee system, in which voters needed to provide an excuse in order to vote by mail.
Democrats, previously, had attempted to expand absentee voting in Delaware, in which an excuse was no longer necessary. Since it would be a constitutional amendment, Delaware required the legislature to pass the bill in two consecutive legislative sessions with two-thirds support. A majority of Republicans voted for the bill in 2019.
But after the 2020 election, no Republicans voted for it, which blocked it from passage. Republicans have argued that the bill would let the majority party create new absentee rules that would benefit its candidates.
This year, Democrats decided to deploy a different strategy. The vote-by-mail bill will require residents to request a mail-in ballot. This is the primary difference from the 2020 election, in which the state sent all registered voters an absentee ballot application.
Though the legislation ultimately passed and was signed by Gov. John Carney, there is a legal fight ahead. Two Republicans filed a lawsuit in Delaware’s Court of Chancery challenging this law.
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