Delaware Voting Guide

Delaware’s voting laws have changed recently. On October 7, 2022, the Delaware Supreme Court ruled that the state’s vote-by-mail system and same-day registration statutes were unconstitutional. It’s essential for voters in Delaware to review the state’s election process. 

Who is eligible to vote in Delaware?

In Delaware, you must meet specific requirements to participate in local elections.

These requirements include:

• You are a U.S. citizen
• You are a resident of Delaware
• You’re at least 18 years old on Election Day
• You are a registered voter

To confirm your voter eligibility, visit elections.delaware.gov.

You can register and vote if you are homeless or lack a permanent address. Election officials will demand that you provide a mailing address or a description of where you sleep at night. For example, if you are staying at a shelter, you can give the name and address of the shelter when you register to vote.

In Delaware, you can’t register and vote if the courts have deemed you mentally incompetent in a court proceeding. The State of Delaware also prohibits felons from voting. Once you complete your sentence, you can ask election officials to reinstate your voter registration.

Delaware also disallows people who have committed certain disqualifying felony crimes from ever voting again. Disqualifying crimes include:

• Murder or manslaughter (not vehicular homicide)
• Felony offense against public administration (for example, bribery, improper influence, abuse of office)
• Felony sexual offense

People who commit these crimes can only vote if the Governor pardons them.

Call the Office of the State Election Commissioner at (302) 739-4277 if you have questions about your eligibility and whether your prior crime was a disqualifying felony.

When is Delaware’s voter registration deadline?

To vote in the next election, you must register before the deadline.

The deadlines for Delaware’s voter registration are as follows:

• By Mail: 24 days before Election Day
• Online/In Person/Faxed: 24 days before Election Day

See the Delaware election calendar for the year you wish to vote.

How do I request an absentee ballot in Delaware?

If you cannot make it to the polling place on Election Day, you can submit an Affidavit for Absentee Ballot to vote absentee.

You must provide a reason for absentee voting. Acceptable reasons include:

• Temporarily disabled or sick
• Military service
• Business or occupation
• Providing care for a dependent person
• School
• Incarcerated for a crime other than a felony or disqualifying crime
• Away from the polling place on Election Day
• Religion
• Temporarily residing outside the U.S.

You can complete the Absentee Ballot Application online, or you can print out the statement and mail it. You can also ask the Department of Elections to send you a form or get one at the Department’s office in your county.

Election officials must receive your application request at least four days before the election. Be mindful of the schedule for special elections.

What do I need to bring to the polls in Delaware?

All Delaware voters must provide identification at the polls. It does not have to be a photo ID.

Valid forms of identification include:

• A Delaware driver’s license
• A state ID card
• A passport
• Social security card
• Vehicle registration
• Signed credit card with a photo
• Other forms of identification that include a photo or signature

Provisional ballots

If you do not have proof of identity with you, you must sign an Affidavit of Affirmation that you are the person listed on the election district record. You will then receive a provisional ballot.

Make sure your provisional ballot counts:

• Be sure you are at the correct polling place. Delaware does not count provisional ballots cast in the wrong precinct.
• Be sure your Affidavit is complete.
• In a primary election, vote on the correct party ballot. You will receive the ballot indicating your political party affiliation.

What special accommodations are available?

Delaware is committed to ensuring that every citizen can vote. It provides accessible polling places, accessible voting machines, assistance at the polls upon request, and access to absentee ballots for voters who require them.

Voters with disabilities who need special assistance should inform the Election Officers at their polling station that they need help. They can ask a poll worker for help or bring someone with them.

If your polling place is inaccessible, contact the Department of Elections or call (302) 577-3464.

What should I do if I see something illegal at the polls?

If you see something suspicious at the polling place, report it as soon as possible.

Report complaints to the Department of Elections in your county if you:

• Believe you witnessed a violation of voting law or voter fraud
• Experienced harassment or intimidation outside or inside your polling place
• Could not vote at the polls or could not get a provisional ballot.
• Did not get the assistance you needed to vote in violation of the Help America Vote Act

They will forward the complaint to the State Election Commissioner. You can also report election violations to the U.S. Department of Justice at 1-800-253-3931.

How Can a Delaware Civil Rights Lawyer Help?

If you believe someone has violated your voting rights, contact a Delaware voting rights lawyer. They can help explain the voting process in Delaware and protect your civil rights.

Your attorney can also provide election information for local primary elections and general elections and answer other questions about how to vote.