Relevant Laws

In 2013, the Delaware State Legislature considered a bill that would have permitted same-day voter registration for primaries, special and general elections. The bill passed the Delaware House of Representatives but never made it to a vote in the Delaware State Senate.

Relevant Court Cases

N/A

Early Voting

Yes – Must qualify for absentee ballot

Absentee Voting

Does not permit no-excuse absentee

Allow to vote absentee if cannot make it to polls on election day

  • Valid reasons:
    • The nature of the voter’s work prevents him or her from being at the polling place on Election Day (this includes students).
    • The voter’s service to the United States or to the state prevents him or her from going to his or her polling place. Spouses or dependents of the person in service also qualify. Public service includes services in the military, the American Red Cross, etc.
    • The voter is temporarily residing outside of the United States.
    • The voter’s religion prevents him or her from going to the polling place.
    • The voter is on vacation on Election Day.
    • The voter is ill or disabled.
    • The voter is incarcerated.

Voter Registration

Online Registration: Yes online voter registration 

Same Day Registration: No same-day registration 

Requirements to Register:

  • Ways to register
    • Mail
    • By phone
    • In person at the DMV, Department of Health and Social Services or Department of Labor

Registration Deadline: 24 days before Election Day – October 15th

Voter ID Requirements

All Delaware voters are required to provide identification at the polls. Valid identification includes:

  • a photo ID, a utility bill, a paycheck or any other government document featuring the voter’s name and address.
  • A photo is not required

Felon Voting Laws

On April 16, 2013 the Delaware Senate passed the Hazel D. Plant Voter Restoration Act in a 15-6 vote. The act amended the Delaware Constitution by removing the five year waiting period for most felons to regain the ability to vote. People convicted of a felony (with some exceptions) are now automatically eligible to vote after serving their full sentence including incarceration, parole, and probation.

Exceptions: People convicted of murder or manslaughter, a felony offense against public administration involving bribery, improper influence or abuse of office, or a felony sexual offense, remain permanently disqualified from voting.