Registration Officers and Mobile Registration; Registration by Mail

Del. Code tit. 15, ch. 20
in effect

Del. Code tit. 15, § 2001 Appointment of registration officers; conduct of registration.

(a) The Department shall train and appoint such Department employees and such other persons as deemed necessary to serve as registration officers. These persons shall serve at the pleasure of the Department. (b) Compensation of registration officers shall be set by the Department. (c) The Department shall conduct voter registration at its offices each regular business day except during periods during which registration is closed in accordance with this title. The Department may schedule additional periods for office registration as deemed necessary.

Del. Code tit. 15, § 2002 Appearance of registration officers for taking of oath and instruction.

Each person appointed under § 2001 of this title shall appear before the Department to qualify by taking and subscribing to the prescribed oath (or affirmation) and to receive suitable instruction after due notice from the Department, which shall be given at least 7 days before the times appointed for the appearance of the registration officers. No person shall be excused from the obligation unless that person shall have become disqualified by sickness, disability or otherwise.

Del. Code tit. 15, § 2003 Oath of office for registration officers.

(a) Each person appointed under § 2001 of this title shall take and subscribe before the Department before beginning such person’s duties the following oath (or affirmation): I, ________________________________________________________________, residing in ________________________________ election district of the representative district in ________________________ county, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of registration officer in ________________________ county, according to the best of my ability. (b) Any member of the State Board of Elections and any county director, deputy county director or other authorized agent of the Department may administer this oath (or affirmation).

Del. Code tit. 15, § 2004 Certificate of appointment.

The Department shall deliver a certificate of appointment to whomsoever it shall appoint and who shall be sworn into office as a registration officer. Such certificate shall be in such form as shall be prescribed by the Department and shall include the date of the expiration of such person’s term of office.

Del. Code tit. 15, § 2005 Request for a voter registration application.

(a) Any citizen may apply in writing, in person or by telephone on any regular business day, except during the period beginning 20 days before each general election through election day, to the Department for a voter registration application to be provided by the Department to the requestor or to a member of the citizen’s immediate family. (b) In connection with any request under this section, the Department shall: (1) Permit the person to complete the application for that person’s own self in the office or mail the application for that individual to that individual within 3 business days of the request. (2) Mail the voter registration application to a member of the requestor’s immediate family within 3 business days of the request. (c) Applications requested in accordance with this section may be for the purposes of registering to vote, transferring the voter’s address, changing the voter’s name on the voter’s voter registration record and/or changing a voter’s political party affiliation.

Del. Code tit. 15, § 2006 Special powers of registration officers during registration.

Each of the registration officers shall, in addition to the other powers conferred upon such officer by law, have, during the respective times of the appointed sittings for registration, the power to: (1) Preserve order and enforce obedience to that officer’s lawful commands at or around the place of registration; (2) Keep access to such place open and unobstructed; (3) Protect and keep safe registration applications in their custody and possession; (4) Administer oaths or affirmations.

Del. Code tit. 15, § 2011 Entries by registration officers.

(a) When a person appears at a registration place for the purpose of applying to register as a voter, a registration officer shall obtain from such person the necessary information to complete an application for registration. (b) After the application for registration has been fully completed, a registration officer shall inspect the application for completeness, eligibility and legibility and such additions or corrections as may be necessary shall be made in the presence of the applicant. The applicant shall then submit for inspection by the aforesaid registration officer proof as to identity and residence as shown on the application. If the registration officer is satisfied that the applicant is eligible and has established the applicant’s identity and that the application is complete and legible, the applicant shall sign the application and the registration officer shall sign the registration officer’s name in the space on the application provided for that purpose. (c) If unable to sign, the applicant shall make that applicant’s own mark on the application. If the applicant is unable to sign or make that applicant’s own mark because of physical disability, the registration officer shall indicate the fact in the space provided for the signature of the applicant. In either case, the registration officer shall write the phrase “Witnessed by” followed by the registered officer’s initials in the space provided for the signature of the applicant. (d) The registration officers, except where registration is conducted in the offices of the Department, shall record the name and address of each applicant upon a separate list of registered voters in the order in which they appear at the registration place to be registered. (e) At the end of the registration day, the registration officer shall deliver to the Department all of the sets of registration records supplied by the Department along with the list of all transactions. (f) Persons qualified to register to vote may do so at any office of the Department regardless of the county of their actual residence.

Del. Code tit. 15, § 2012 Challenge for bribery; oath; effect of oath; refusal to take oath.

If upon the personal application of anyone to be registered, the applicant shall be challenged for having received or accepted, or for having offered to receive or accept, or for having paid, transferred or delivered, or for having offered or promised to pay, transfer or deliver, or for having contributed or offered or promised to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register, the registration officer shall administer to the person so challenged an oath or affirmation, as follows: “You do solemnly swear upon the Holy Evangels of Almighty God (or “You do solemnly, sincerely and truly declare and affirm”) that you have not received or accepted or offered to receive or accept, or paid, transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register at the registration for this present year, so help you God” (or “so you do solemnly, sincerely and truly declare and affirm”). ________________ Such oaths or affirmations shall be conclusive evidence to the registration officers of the truth of such oath or affirmation, but if any such oath or affirmation is false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the State Constitution. If any person so challenged refuses to make the oath or affirmation prescribed in this section, the registration officers shall enter the words “refused to make oath concerning bribery” in the appropriate space in the applicant’s application for registration and the department shall place the original permanent registration record of the applicant in the special file or binder known as the “list of disqualified voters.”

Del. Code tit. 15, § 2013 Duties of Department following registration.

(a) After the registration officer delivers the registration records to the Department following each registration day, the Department shall first check the record by the registration number of the registration records to ascertain whether all the records supplied have been returned to the Department. If the Department is satisfied that all records have been returned, it shall file and retain the records for not less than 1 year. If all the records have not been returned, the Department shall notify the Attorney General, who may take appropriate action. (b) The Department shall then take the applications for registration which have been completed, and signed or marked by the applicant and the registration officers, and examine them for completeness, legibility and eligibility. If the Department is satisfied that the application is complete and legible and that the applicant’s name does not appear on the list of disqualified voters and that the applicant is qualified to be registered, the Department shall take the necessary steps to add the person to the list of registered voters. (c) [Repealed.]

Del. Code tit. 15, § 2014 Notification of disposition of a person’s voter registration application and procedure for handling returned mail.

(a) The Department following receipt of a voter registration application for a person who is not registered to vote shall, upon determination that the applicant is eligible to register to vote, register that person to vote. (b) The Department shall promptly notify in writing each person whose voter registration application has been rejected and shall state in such notice the specific reason or reasons for such rejection. (c) Upon registering a person to vote or completing a transfer of address, change of name and/or change of political party affiliation for a registered voter, the Department shall mail a notice informing the registrant of that registrant’s polling place by nonforwardable first-class mail. If this notice or any correspondence sent by a state agency or state official using voter registration address data is returned as undeliverable, the Department shall send an address verification request by forwardable first-class mail to the person at the address on their permanent registration record or to the address indicated by the U.S. Postal Service on the returned undeliverable notice or correspondence. The address verification request shall include a postage-paid preaddressed return card. The person shall be asked to sign the return card and: (1) Authorize cancellation of their Delaware voter registration because they are no longer permanent residents of the State; (2) Provide the address of their permanent place of residence if they still reside within Delaware; or (3) Certify that the address at which they are currently registered to vote is their correct address and place of permanent residence. (d) The Department, upon receipt of the return card in accordance with the response shall: (1) Remove the voter from the records of the State Election Commissioner and the Department if the voter is no longer a permanent resident of the State; (2) Update the person’s voter registration record with the new address if it is within the Department’s jurisdiction; or (3) [Repealed.] (4) Update the person’s voter registration record showing that the person has certified that the address on the permanent voter registration record is their permanent place of residence. (e) If the person does not return the return card within 60 days of mailing or if the address verification request is returned as undeliverable, the person shall be transferred to “inactive status.” (f) Persons classified as “inactive” shall remain eligible to vote in any election conducted in accordance with this title. Upon presenting themselves at their polling place they shall affirm in writing under penalty of perjury on the form promulgated by the State Election Commissioner the address of their permanent place of residence. If the person’s permanent place of residence is different than the permanent place of residence shown on the voter’s permanent record, the person shall be permitted to vote in accordance with § 2047 of this title. (g) A person properly removed from the voting rolls in accordance with this chapter must reregister in order to vote in any election conducted in accordance with this title. A person removed in error through the process described in this chapter, however, may be restored to the voting rolls upon the concurrence of the county director and deputy county director of the Department in the county in which such person resides. (h) On or before June 1 of each year following a general election, the State Election Commissioner shall remove from the voting rolls any person who has been in “inactive status” for 2 consecutive general elections.

Del. Code tit. 15, § 2015 Late registration procedures for military and overseas citizens.

Repealed by 75 Del Laws, c. 232, § 23 effective Feb. 1, 2006.

Del. Code tit. 15, § 2016 Enfranchisement of citizens who have never resided in the United States.

If a United States citizen outside of the United States who has never lived in the United States has a parent who is a qualified elector of the State, then that person is eligible to register and vote where that citizen’s parent is a qualified elector.

Del. Code tit. 15, § 2022-2024 §§ 2022-2024. Traveling registration officers; duties; qualifications; compensation; term of office; performance of duties by traveling registration officers; appointment of traveling registration officers.

Repealed by 74 Del. Laws, c. 411, § 14, effective Aug. 5, 2004.

Del. Code tit. 15, § 2031 Procedure for registration by mail.

(a) Every qualified elector who is a resident of this State and who is not registered may, as an alternative to other methods of registration, apply to the Department by mail, telephone or in person, for registration forms. Within 3 days, the Department shall mail the required forms and a set of instructions to the applicant. (b) If a person applies for registration by mail for someone other than himself or herself, that person shall give the name and address of such person and shall sign an appropriate form declaring that the person is requesting such registration forms be mailed to the applicant. (c) The Department shall perform the same duties in regard to these registration forms as it is required to do with other applications for voter registration. (d) The Department shall accept any voter registration application, application for an absentee ballot, or any federal write-in absentee ballot promulgated in accordance with federal law as an application to register to vote. The Department shall process these applications as it would any other application submitted in accordance with this title.

Del. Code tit. 15, § 2032 Duties of department following receipt of mail registration forms.

(a) Upon receipt, all mail registration forms shall be date-stamped by the department. (b) A verification inquiry shall be conducted where: (1) The applicant has neglected to sign the form; (2) Information given on the form is incomplete; (3) Information appears unclear or inconsistent; or (4) The application appears to be a duplicate. (c) If the information on the mail registration form appears to be a transfer of address, change of name by marriage or otherwise, or party affiliation change, the change shall be made by the department and the applicant shall be notified such change was made. (d) [Repealed.]

Del. Code tit. 15, § 2033 Special procedures for persons who register to vote by mail and have not voted in the state in an election for federal office.

(a) A person who registers to vote by mail on or after January 1, 2003, shall submit with that person’s application a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. Should the person not include a copy of the required identification with the voter registration application, the voter shall provide a valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter prior to voting for the first time at a polling place in the State. If the person fails to show required identification at the polling place, that person shall be permitted to vote by provisional ballot. The poll lists and signature cards for each polling place shall identify those persons who must show proper identification before being permitted to vote. (b) A registrant may satisfy the requirement to submit identification by subsequently submitting a voter registration application through a source not subject to the provisions of this section (e.g. through the Division of Motor Vehicles). (c) A person who votes by absentee ballot and who registered to vote for the first time by mail and did not submit a copy of any of the required identification documents shall submit a copy of one or more of the documents listed in subsection (a) of this section showing the person’s name and address with the absentee ballot. The absentee ballot from a person who is required to submit identification, and who does not, shall not be counted. (d) This section does not apply to persons listed in § 1901(a) of this title or to persons identified in subsection (a) of this section who submitted their driver’s license number (includes State ID card number) or Social Security number that the Department is able to use to verify an existing state identification record bearing the same number, the name and date of birth as provided by the applicant.

Del. Code tit. 15, § 2036 Deadline to register to vote: primary and general elections.

The last date to register to vote for any presidential primary, primary, special and general election shall be the day of that election. A person may register to vote at said person’s polling place from 7 a.m. to 8 p.m. by submitting with that person’s application, a copy of a current and valid government-issued photo identification or a current document displaying the name and address of the person registering to vote, such as a utility bill, bank statement, government check, or paycheck. The term “current” as used in this section to forms of identification other than those that are government issued shall mean the documents must be dated within 60 days prior to the registration date. (1) Mail applications received on or before the deadline shall be considered to be on-time and shall be immediately processed by the Department; and (2) Applications taken by agencies in accordance with subchapter VII of this chapter and received by the Department on or before the deadline shall be considered on-time and shall be processed by the Department immediately upon receipt.

Del. Code tit. 15, § 2038 Registration applications received after the deadline.

Registration applications received after the deadline shall be held and processed following that election.

Del. Code tit. 15, § 2039 Registration applications that update a registrant’s record.

Notwithstanding any other provision in this title, the Department may process registration applications that change a registrant’s address or name until the day of any presidential primary, primary, special, or general election.

Del. Code tit. 15, § 2041 Transfer of registration.

(a) Any duly registered voter in the State who has moved to a new residence within the State may apply to transfer that registered voter’s voter registration to the new address by completing a voter registration application and submitting it to the Department. (b) Upon receipt of a properly completed and duly signed application, the Department shall complete the transfer in the accordance with Department procedures. (c) If it shall be determined that the applicant had not previously registered, that applicant’s application shall be treated as an application for registration. (d) [Repealed.]

Del. Code tit. 15, § 2042 Transfer of registration upon moving from 1 county to another.

Repealed by 74 Del. Laws, c. 411, § 17, effective Aug. 5, 2004.

Del. Code tit. 15, § 2043 §§ 2043, 2044. No transfer to be made without an application; examination under oath and registration.

Repealed by 77 Del. Laws, c. 227, § 29, effective Feb. 1, 2010.

Del. Code tit. 15, § 2045 Removal of voter’s records of district where voter formerly resided; notice of action taken.

Repealed by 74 Del. Laws, c. 411, § 18, effective Aug. 5, 2004.

Del. Code tit. 15, § 2046 Notice by first-class mail sufficient.

In all cases where this subchapter requires written notice to be given to any person, such notice shall be deemed sufficient if sent by first-class mail addressed to the person to be notified at the post office address named by the person at the time of that person’s application for registration.

Del. Code tit. 15, § 2047 Change of address within the State.

Change of address or residence within Delaware shall not disqualify any person as a voter. A person who has changed the person’s permanent place of residence within Delaware but who has not transferred the person’s voter registration shall be permitted to vote at the polling place for the person’s place of permanent residence on the day of the election. (1) If the person who has changed the person’s permanent place of residence appears at the polling place for the person’s previous permanent place of residence, the election officers at that polling place shall complete the eligibility affidavit promulgated by the State Election Commissioner and obtain the location of the person’s correct polling place from the Department of Elections. The election officer shall place the completed eligibility affidavit in an envelope annotated with the location and address of the correct polling place, give the envelope to the person, direct the person to go to the polling place for the person’s new permanent place of residence and annotate the poll list to show that the person has been sent to another polling place. (2) A person appearing at the correct polling place with an eligibility affidavit shall be permitted to vote upon showing proof of identity and address to the election officers and signing a blank signature card. The election officer shall complete the appropriate section of the eligibility affidavit, and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person’s name, the election officer shall also place a properly completed voter registration application for the person in the special envelope. (3) A person registered to vote at another location within Delaware who appears at the polling place for their new permanent place of residence without having gone to the polling place of their former place of permanent residence shall affirm in writing the new address by completing and signing the eligibility affidavit promulgated by the State Election Commissioner. The election officers shall obtain authorization for the person to vote from the Department of Elections, complete the election officer section of the eligibility affidavit and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person’s name, the election officer shall also place a properly completed voter registration application for the person in the special envelope. (4) Election officers shall enter the name, address and voter registration number for persons authorized to vote under the provisions of this section on the poll list after the last name listed and on a blank signature card. The person shall sign the signature card and be permitted to vote. A person who has legally changed their name as well as their permanent place of residence shall sign both their old and new names. (5) The Department of Elections upon receipt of the eligibility affidavit and the voter registration application following an election shall transfer the person’s address in accordance with the transfer procedures elsewhere within this chapter. (6) The State Election Commissioner shall promulgate rules and procedures by which the Department may accept transfers of address from registered voters between the closing of registration and the day of a primary, presidential primary and general election both within the offices of the Department and at other locations statewide. Such rules and procedures shall contain a provision by which a person so transferring that person’s own address in accordance with those rules and procedures may appear at that person’s own proper polling place and vote without completing the eligibility affidavit or envelope at the polling place as required in paragraph (1), (2) or (3) of this section. The departments of elections in receipt of such transfers shall process them as soon as practical.

Del. Code tit. 15, § 2048 Change of name.

(a) A registered voter who has legally changed such voter’s own name by marriage or other legal means should apply to update such voter’s voter registration record with the new information. (b) Such registered voter may apply to update such voter’s record on the day of a primary, general or special election at the polling place for the election district where such voter is registered or at the polling place for the election district for such voter’s new address in accordance with procedures as set forth by the State Election Commissioner. (c) The State Election Commissioner shall set forth the procedures to implement subsection (b) of this section above in collaboration with the Department. (d) Deadlines for registering to vote shall not apply to changes of name.

Del. Code tit. 15, § 2049 Change of party designation; procedure.

(a) Any duly registered voter may apply to change that registered voter’s political affiliation by completing and submitting a voter registration application to the Department except in the year of a general election during the period from the last Saturday in May through the day of the primary election. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made in the voter registration records and the applicant shall be immediately notified. If the Department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at any office of the Department to answer under oath such questions as may be deemed necessary. (b) Applications received that change a person’s political party affiliation during a period in which a person may not change that person’s own political party affiliation in accordance with provisions of this title shall be held by the Department and processed when the period to change a person’s political party affiliation reopens. (c) Notwithstanding subsection (a) of this section a person may change his or her party affiliation in the year of a general election during the period from the last Saturday in May through September 1 if: (1) The statewide and county chair of a political party provide a written affidavit to the Department stating that such person has asked or agreed to be a candidate for office of that political party and the statewide and county chair of a political party want the person to be a candidate for office representing the political party; and (2) The person provides an affidavit to the Department stating that such person is changing political parties to be a candidate for office of the political party providing the affidavit described in paragraph (c)(1) of this section and a withdrawal form for any other candidacies.

Del. Code tit. 15, § 2050 Registration through state agencies [Effective until fulfillment of 85 Del. Laws, c. 63, § 14(f)].

(a) Registration through the Division of Motor Vehicles. (1) For each person who is not registered to vote and is of sufficient age to register to vote and whose information is not transmitted to the Department of Elections pursuant to § 2050A of this title, each application for a motor vehicle driver’s license under the laws of Delaware (including any renewal application) shall serve as an application for voter registration. However, any person who, at the time of the transaction with the Division of Motor Vehicles, provides a document that demonstrates noncitizenship shall not be offered the opportunity to register to vote. The Division of Motor Vehicles may not offer an opportunity to register to vote to an individual applying for a driving privileges card or permit under § 2711(d) of Title 21. (2) [Repealed.] (3) An applicant for a motor vehicle license under this section may decline in writing to be registered to vote by way of the application for a motor vehicle driver’s license. The fact that an applicant has declined to be registered through the motor vehicle application process shall not be used for any purpose other than voter registration. (4) Applications for a motor vehicle license under this section shall include as a part of the application a voter registration component. The voter registration component may not require any information which duplicates information required in the motor vehicle license component other than a second signature or information listed in paragraph (a)(5)a. of this section. If the applicant desires not to register to vote, the transmission of an electronic record will notify the Department of Elections of the applicant’s intention. (5) The voter registration component of the motor vehicle license application under this section shall contain all of the following: a. The minimum amount of information necessary to ensure the prevention of duplicate voter registrations and preserve the ability of election officials to determine eligibility of the applicant and otherwise administer voter registration and the election process. b. A statement setting forth voting eligibility requirements and an attestation that the applicant meets the requirements. c. The signature of the applicant under penalty of perjury. d. No requirement of notarization or other formal authorization. (6) [Repealed.] (b) Registration through other state agencies. (1) The Secretary or Chief Administrative Officer of each of the state agencies under paragraph (b)(2) of this section shall be a voter registration agency for purposes of this subchapter and must provide the voter registration services listed in paragraph (b)(3) of this section for its employees and the public it serves. (2) In addition to the voter registration procedure provided for elsewhere in this chapter, an individual who is qualified to register to vote may complete a voter registration application or apply to change a previous voter registration at any of the following state agencies: a. Department of Health and Social Services, Division of Social Services. b. Department of Labor, Division of Employment and Training and Division of Vocational Rehabilitation. c. Any other state agency that the Secretary or Chief Administrative Officer for that state agency selects to provide voter registration services for its employees and the public it serves. (3) At each voter registration agency established by this subsection, all of the following services must be made available: a. Distribution of mail voter registration application forms as required by subchapter IV of this chapter in conjunction with the voter registration agency’s own application for the service it provides to the public, and with each of the agency’s applications for recertification, renewal, or change of address form relating to the services the agency provides, unless the individual, in writing, declines to register to vote. To the greatest extent practicable, the voter registration agencies’ forms must incorporate a means by which an individual who completes the forms may decline, in writing, to register to vote. b. Employees of the voter registration agency who are trained to provide nonpartisan voter registration assistance, who routinely inquire of individuals served by the agency whether they wish to register to vote, and who, if requested, assist such individuals in completing the registration forms, must provide to each individual who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the agency with regard to the completion of its own forms. A voter registration agency employee who provides such assistance may not do any of the following: 1. Seek to influence an applicant’s political preference or party registration. 2. Display any such political preference or party allegiance. 3. Make any statement to an applicant to take any action of which the purpose or effect is to discourage the applicant from registering to vote. c. Acceptance of completed voter registration applications for transmittal to the appropriate office of the Department of Elections. 1. Information relating to a declination to register to vote in connection with an application made at a voter registration agency may not be used for any purpose other than voter registration. 2. Voter registration agencies must do all of the following: A. Inform all applicants for voter registration of voter eligibility requirements. B. Inform all applicants for voter registration of the penalties provided under law for submission of a false voter registration application. C. Ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public. (4) Notwithstanding the provisions of paragraph (b)(3) of this section, a voter registration agency may use an electronic tool developed by the State Election Commissioner to register clients to vote and to update voter registration records.

Del. Code tit. 15, § 2050A Automatic voter registration at the Division of Motor Vehicles and other agencies [Effective until fulfillment of 85 Del. Laws, c. 63, § 14(f)].

(a) Each person who, in the course of business with the Division of Motor Vehicles, provides documentation demonstrating United States citizenship, shall be confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote. The course of business with the Division of Motor Vehicles applies to any person who comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions: (1) The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (2) The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (3) The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (b) (1) For each individual who is confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, and who is not registered to vote and who is of sufficient age to register to vote, the Division of Motor Vehicles shall provide to the Department of Elections all of the following information about the individual: a. The individual’s name. b. The individual’s date of birth. c. The individual’s driver’s license or state ID number. d. The individual’s residence address and mailing address, if different from the residence address. e. The individual’s county of residence. f. The individual’s citizenship status. g. An electronic image of the individual’s signature. (2) The Division of Motor Vehicles shall transmit the information in paragraph (b)(1) of this section to the Department of Elections electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database. (c) Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State or to require documentary proof of citizenship for voter registration. (d) (1) Upon receiving a complete electronic record for an individual who is not registered to vote, is of sufficient age to register to vote, and who has demonstrated United States citizenship, the Department of Elections shall, upon determination that the individual is eligible to register to vote, do all of the following: a. Register the individual to vote. b. Mark the individual as unaffiliated. c. Send the individual a notice under paragraph (e)(1) of this section. (2) If the Department of Elections determines that a person under paragraph (d)(1) of this section is ineligible to register to vote, the Department of Elections may not register the individual to vote or send the individual a notice under paragraph (e)(1) of this section. (3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations. (e) (1) For any individual registered to vote pursuant to paragraph (d)(1) of this section, the Department of Elections shall send to the person’s address of record, by nonforwardable mail, a notice that the individual has been registered to vote that contains a postage paid preaddressed return form by which the person may affiliate with a political party or decline to be registered. (2) A notice mailed under paragraph (e)(1) of this section must include an explanation of the eligibility requirements to register to vote and a statement indicating that if the person is not eligible, the person should decline to register using the preaddressed return form. The notice must also state the penalties for submission of a false application. (3) The notice provided under paragraph (e)(1) of this section must also include a statement indicating that if the person declines to register to vote, the fact that the person has declined registration will remain confidential and will be used only for election administration purposes, and a statement indicating that if a person does not decline registration, the office at which the person was registered will remain confidential and will be used only for election administration purposes. (4) The notice provided under paragraph (e)(1) of this section must include a statement instructing the person to select a political party in order to vote in that party’s political primary. The notice must also inform the person that they may affiliate with a political party by using the State’s online voter registration system. (5) The notice provided under paragraph (e)(1) of this section must provide information regarding participation in the Address Confidentiality Program pursuant to § 1303 of this title. (6) The Department of Elections shall prescribe the form of the notice described in paragraph (e)(1) of this section. Such notice may be combined with the notice provided to newly registered voters required under § 2014(c) of this title. (f) (1) If a person returns the notice provided under paragraph (e)(1) of this section and declines to be registered, the person’s registration is cancelled, and the person is deemed to have never registered. If the person has voted in an election after the transfer of the person’s record but before the notice is returned, the returned form is of no effect and the person is registered as of the date of the person’s application with the Division of Motor Vehicles. (2) If a person returns the notice provided under paragraph (e)(1) of this section and affiliates with a party, the person is registered as of the date of the person’s application with the Division of Motor Vehicles, and the person’s affiliation shall be marked effective as of the date the affiliation information is received. (3) If a person returns the notice provided under paragraph (e)(1) of this section without marking the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered as of the date of the person’s application with the Division of Motor Vehicles. (4) If a notice provided under paragraph (e)(1) of this section is returned as undeliverable, the Department of Elections must send the person an address verification request pursuant to § 2014(c) of this title. (5) Information relating to the return of a notice form declining to be registered may not be used for any purpose other than election administration. (g) (1) The Division of Motor Vehicles shall provide notice of a change of name or address to the Department of Elections for an individual who meets all of the following requirements: a. Is registered to vote in this state. b. Comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions: 1. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. 2. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. 3. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. c. Provides information indicating a different name or address from that on the individual’s voter registration record. (2) This information shall be transmitted electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database. (3) The Department of Elections must change the person’s registration record to reflect the change of name or address, mark the registration record as “active,” and send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. Such notice may be combined with the notice required under § 2014(c) of this title. (4) If the person returns the form described in paragraph (g)(3) of this section and indicates that the change to the registration records was in error, the Department of Elections must immediately correct the person’s previously updated information in the statewide voter registration database. (h) (1) Each state agency that provides voter registration services pursuant to § 2050(b) of this title shall annually provide to the Department of Elections a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office. (2) At the earliest practicable time, the State Election Commissioner or the Commissioner’s designee shall assess which voter registration agencies collect sufficient information from applicants to verify eligibility for voter registration purposes or update information for an existing registration. (3) If, after conducting the assessment required by paragraph (h)(2) of this section, the State Election Commissioner or the Commissioner’s designee determines that a state agency collects the necessary information to confirm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections. (4) The agency shall provide electronic records to the Department of Elections, and the Department of Elections shall process electronic records received from the agency substantially in accordance with the procedures set out in this section for the Division of Motor Vehicles, subject to any modifications necessary to comply with federal law. (i) The Department of Elections, officials from the Division of Motor Vehicles, and officials from any other agencies designated under paragraph (h)(3) of this section shall work jointly to provide registration and materials educating the public about the procedures established in this section. (j) The Department of Elections shall establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the Department of Elections and the Division of Motor Vehicles or any other agency designated pursuant to paragraph (h)(3) of this section. No agency may begin to exchange or transfer data under this section unless that agency adheres to the technological security requirements established by the Department of Elections under this subsection. (k) The Department of Elections, in consultation with the Division of Motor Vehicles and any other agencies designated pursuant to paragraph (h)(3) of this section, shall audit the system established by this section for quality of data prior to implementation. Following implementation, the Department of Elections shall conduct regular audits and random checks of the system to ensure accuracy and reliability. (l) (1) The Department of Elections shall produce an annual public report to the Governor and General Assembly that includes all of the following: a. The number of records transferred to the Department of Elections under this section, categorized by the source agency. b. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency. c. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and the type of information update. d. The number of individuals who declined voter registration. e. Information on the implementation of audits, security, and privacy protocols. f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency. (2) For items in paragraphs ( l )(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included. (3) The report may not include any personal identifying information. (m) (1) Unless a person who is ineligible to register to vote intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person’s electronic record to the Department of Elections under this section does not constitute the completion of a voter registration form by that person, and that person may not be considered to have registered to vote or made a false claim to United States citizenship. If such a registration is processed by the Department of Elections, it is presumed to have been officially authorized by the state, and the person is not subject to any penalty under this code. (2) If an individual who is ineligible to vote becomes registered to vote under this section, that individual is not guilty of wrongful registration under § 2302 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register. (3) If an individual who is ineligible to vote becomes registered to vote under this subchapter and votes or attempts to vote in an election held after the effective date of the individual’s registration, that individual is presumed to have a defense under § 5104 of this title and is not guilty of fraudulent voting under § 5128 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register. (n) The Division of Motor Vehicles and the Department of Elections may promulgate regulations to implement and enforce the provisions of this section.

Del. Code tit. 15, § 2051 Appointment of voter registration coordinator — Coordination among voter registration agencies, Department of Elections and Department of Technology and Information.

(a) The State Election Commissioner shall be the statewide coordinator for agency based registration. (b) Each of the voter registration agencies identified in this subchapter shall appoint an existing employee to implement and oversee the training necessary to provide nonpartisan voter registration, and to collect and enter on each registration application all information required to properly identify the applicant, including a complete location of residence. The employee designated to assist registrants at each voter registration agency shall further ensure that each voter registration application to be transmitted to the appropriate Department of Elections contains both the correct identification of the voter registration agency office, the origin and signature of the employee of the voter registration agency office who prepared or assisted in preparing the application and who witnessed the applicant’s signature. (c) The statewide coordinator shall ensure that all applicable intake and application forms used by each agency shall be the same forms used by the Department of Elections. (d) The statewide coordinator shall provide properly trained personnel to transmit a sufficient number of appropriate applications to each voter registration agency and to transmit completed voter registration applications to the Department of Elections within 3 business days after completion to the Department of Elections. This requirement may be satisfied by putting the completed applications into the State mail within 3 business days. (e) The statewide coordinator shall provide procedural assistance to each registration agency for appropriate training of the employee designated to assist in voter registration. (f) The statewide coordinator shall institute appropriate procedures to facilitate implementation of the provisions of this subchapter and to ensure coordination of those procedures among the Department of Elections, the Department of Technology and Information and the voter registration agencies.

Del. Code tit. 15, § 2052 Statistical compilations.

The Department of Elections shall collect, maintain and publish statistical data reflecting the number of electors enfranchised pursuant to this subchapter by each of the voter registration agencies created herein.

Del. Code tit. 15, § 2053 Effective date; title.

The provisions of this subchapter VII shall take effect on January 30, 1994, and shall be known as the “Agency Based Registration Act.”

Del. Code tit. 15, § 2060 Application.

Governmental and private entities may apply to the State Election Commissioner to register people to vote on a continuing basis or during an organized voter registration drive. Such entities must apply at least 30 days prior to the start of the voter registration activity or the drive. Voter registration under the provision of this subchapter may not be conducted during the period that voter registration is closed prior to a general election. The State Election Commissioner shall promulgate the application form that such entities shall use in applying for permission to register voters on a continuing basis or to conduct an organized voter registration drive. The application shall include as a minimum: (1) Name and address of the governmental or private entity. In the case of a continuing activity the location or locations where the voter registration activity will take place. (2) The name, address and telephone number of the chief official of the entity. (3) The target audience and/or scope of the drive or continuing voter registration activity. (4) The name, address and telephone number of the person responsible for the voter registration activity or drive. (5) Attestations by the chief official of the entity that it has authorized the voter registration activity or drive, assumes responsibility for the voter registration activity or drive, shall insure that only individuals trained as prescribed by the State Election Commissioner shall serve as temporary registrars, and shall insure that all individuals involved in planning, organizing and conducting the voter registration drive shall adhere to this title and such regulations promulgated by the State Election Commissioner. (6) The number of applications requested.

Del. Code tit. 15, § 2061 Training.

The State Election Commissioner shall develop a program for training individuals as temporary registrars as well as those persons responsible for planning, organizing and operating a voter registration activity or drive. Training shall be conducted by personnel from the office of the State Election Commissioner. Individuals who complete the training required by the Commissioner shall be certified as a temporary registrar for a period of 2 years or for the duration of the proposed voter registration drive whichever is shorter.

Del. Code tit. 15, § 2062 Approval.

The Commissioner shall approve all applications, under § 2060 of this title, provided: (1) The requested training date is prior to the start of the proposed voter registration activity or drive. (2) The applying entity has not violated the provisions of this subchapter, title or regulations promulgated by the State Election Commissioner for conducting voter registration on a continuing basis or during a previous organized voter registration drive.

Del. Code tit. 15, § 2063 Pickup and return of materials.

(a) The entity shall pick-up the voter registration applications, forms and other required materials as directed by the State Election Commissioner. (b) An entity conducting a voter registration drive shall deliver all completed applications, unused applications, voided or damaged applications, completed forms and all excess materials to the location directed by the State Election Commissioner within 5 days of the completion of the drive except as required elsewhere in this section. (c) An entity operating a continuing voter registration activity shall deliver all completed applications and any voided or damaged applications at least once every 5 working days to the location directed by the State Election Commissioner except as required elsewhere in this section. (d) The entity shall return any application completed prior to the close of eligibility for a primary election or prior to the close of voter registration before a general election no later than 4:30 p.m. on those respective days to the location or locations directed by the State Election Commissioner. (e) The Commissioner may fine any entity that fails to comply with the requirements of this section up to $1,000 and deny them permission to conduct an organized voter registration drive or otherwise be involved in the voter registration process for a period of up to 5 years.

Del. Code tit. 15, § 2064 Procedures.

(a) Entities conducting voter registration shall account for the disposition of every application provided by the Department of Elections or the office of the State Election Commissioner by application number. The State Election Commissioner shall promulgate procedures that entities shall use to document the disposition of voter registration applications. (b) The temporary registrar shall sign each application the temporary registrar completes in the “agency representative” block. (c) Application date shall be left blank. The application date shall be the date the applications are received in the Department of Elections or the office of the State Election Commissioner as required in this chapter. (d) All applications completed or issued by the organization shall be annotated by the temporary registrar with the code provided by the State Election Commissioner. (e) All applications shall be completed in block letters in blue or black ink. (f) Unsigned applications shall be rejected as incomplete. (g) The person applying to register to vote shall show the temporary registrar proof of address and identity as required by the State Election Commissioner. (h) An entity, temporary registrar or other person involved in a voter registration activity or drive shall not: (1) Seek to influence an applicant’s political preference or party registration; (2) Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; (3) Offer, promise or pay any money or other valuable thing as compensation, inducement or reward to anyone eligible to register to vote for registering or abstaining from registering to vote; (4) Deny anyone who is eligible to register to vote but refuses to register to vote any services available through the entity. (i) The entity conducting the voter registration activity or drive must inform each person who applies to register to vote through their activity or drive that they are not registered to vote until the Department of Elections has verified and accepted the application.

Del. Code tit. 15, § 2065 Application date.

Upon receipt of the applications at the Department of Elections or at the office of the State Election Commissioner, the applications shall be stamped by the agency’s time stamp. The date the applications are received in the office of the State Election Commissioner or at the Department of Elections is the date of the application.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c020/sc01/index.htmlFetched: 10/4/2026