DOVER, DE – The Delaware Department of Elections (DOE) announces the implementation of Automatic Voter Registration at all Delaware Division of Motor Vehicles (DMV) locations and online at dmv.de.gov with a myDMV account.

Starting Wednesday, June 21, 2023, and pursuant to Delaware law (15 Del. C. § 2050A), every person who:

• completes an in-person or online application for the issuance or renewal of their Delaware driver license, learners permit, or identification card or completes an in-person or online application to change their name or address on these documents, and
• is not already registered to vote, is of sufficient age, and whose citizenship status has been confirmed by the DMV, is automatically registered to vote by the DOE.

The new process only applies to new Delaware voters. Automatic Voter Registration (AVR) creates a seamless system between DMV and DOE for the transfer of new voters’ registrant data into Delaware’s voter registration database. DMV customers simply complete their transaction, and their information is electronically transferred to the voter registration system. DOE staff reviews each record and once they verify the voter’s eligibility, the voter is added to the list of Delaware registered voters.

“As a result of the enactment of the National Voter Registration Act of 1993, any U.S. citizen residing in the State of Delaware, who met the eligibility requirements, was afforded the opportunity to register to vote while obtaining or renewing a Delaware driver license, learners permit, or identification card. AVR will streamline the process for those who qualify,” said Delaware Division of Motor Vehicles Director Jana Simpler.

Automatically Registered Voters (i.e., AVR Voters) are registered by DOE with no party affiliation (not affiliated with any party) and are registered as of the date of their DMV transaction.

The Department of Elections will mail each automatically registered voter a “Notice of Automatic Voter Registration”, which includes a “Response to Automatic Voter Registration” form. AVR voters may use the form to update their voter registration, choose a party affiliation, or cancel their voter registration.

AVR voters may choose a political party through the day of the first primary election following their automatic voter registration at DMV in order to vote in that primary election. Delaware is a closed primary state. Only voters registered with the Democratic or Republican Party may vote in their party’s primary election.

Voters should contact the Delaware Department of Elections, not DMV, with any questions about the Automatic Voter Registration process. Detailed information is available at elections.delaware.gov, or by calling 302-739-4277. Delawareans are encouraged to contact their elected officials with any concerns about the legislation.

DOE Information
For more information, visit the Department of Elections website at elections.delaware.gov and connect with the Department on Facebook, Twitter, Instagram, and YouTube.

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As election season approaches, the Delaware Department of Transportation reminds all candidates and individuals supporting candidates of the rules related to placing campaign signs in public right-of-way.

Signs are allowed 30 days before and 30 days after any election recognized by the Delaware Department of Elections. With the primary election taking place on Tuesday, September 13, 2022, the placement of signs will be allowed beginning on Sunday, August 14, 2022.

All signage must be placed a minimum of 10 feet from the edge of the roadway, and signs may not be placed in medians, islands, gore areas or attached to any infrastructure such as road signage, bridges, poles or trees.

Sign owners are subject to fines of $25 per sign for violation of sign placement and a recovery fee of $15 per sign. Confiscated signs will be disposed of after 30 days.

DelDOT right-of-way agents will be enforcing the sign laws throughout the election season. These rules aren’t just for the safety of motorists, but also for anyone out placing signs along busy roads.

More information, including a Frequently Asked Question page, can be found on the DelDOT website.

Use the secured ballot drop boxes when returning your voted absentee or vote by mail ballot.

Voted ballots must be returned to the county office that issued them by 8PM on Election Day.

They may NOT be dropped off at any polling places.

Visit de.gov/ballotbox for information on voting by mail in Delaware.

Please Note: All absentee or vote by mail drop boxes will be open until 8PM on Election Day.

Accessible Voting Available for July 7th Presidential Primary

The Delaware Department of Elections (“Department”) and Disabilities Law Program of Community Legal Aid Society, Inc. (“DLP”) are pleased to announce the reactivation of Delaware’s pilot accessible absentee voting program through Democracy Live. This system offers electronic delivery of accessible ballots, a ballot marking tool, and submission by voter choice of mail, fax or email for military and overseas voters as well as voters with disabilities. Delaware law has provided for electronic delivery and return of absentee ballots for military and overseas voters covered under the provisions of the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA) since 2010, and for voters who are sick or disabled since 2012.

The Department is piloting the Democracy Live system for the Presidential Primary to offer these services to replace a now retired in-house system that formerly provided such services, but which is no longer compatible with the State’s current election systems. Earlier this month the Department paused this pilot program to research claims about the security of the system recently published in the media. These concerns focused particularly on system hosting arrangements and the online return of ballots. Although the Department has experienced no issues with the system, and has received positive feedback from many voters who have used the system, the Department took these concerns seriously and thoroughly discussed and researched them.

The DLP, as Delaware’s Protection and Advocacy System for people with disabilities, immediately raised concerns with the Department. They claimed that without an accessible electronic ballot delivery and marking system, paper absentee ballots would not be accessible to voters with print or visual disabilities, who would have to give up their privacy and independence to seek assistance in voting or potentially risk their health during the COVID-19 pandemic to vote in person.

The DLP and the National Federation of the Blind (NFB) contacted the Department about the feasibility of reinstating Democracy Live or implementing an alternative accessible voting option for the July 7th primary and beyond. An inaccessible ballot system, the advocates asserted, was contrary to the mandates of Title II of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act (“Section 504”), and Delaware law, including Article I, Section 3 of the Delaware Constitution, which requires free and equal elections.

Acknowledging these concerns, the Department undertook a thorough review of the security of the Democracy Live system. This review included dialogue with some of the researchers who have recently published articles citing security concerns about the system in order to discuss those concerns and what action steps could be taken to mitigate them. The Department is also working closely with the State’s Department of Technology and Information (“DTI”) to ensure the highest levels of security are in place. Following these efforts, the Department reinstated the pilot program for accessible electronic delivery and marking of ballots with additional security enhancements. Immediate steps include a switch to client-side ballot marking, as well as discontinuing the electronic ballot return option. These changes address directly concerns raised in the recent articles. Voters continue to be provided their ballots electronically, can mark their ballots electronically, and have options to return marked ballots by mail, fax, or email (with the ability to be encrypted).

Looking ahead to fall elections, the Department is working with DTI to continue to enhance system security and transparency, while maintaining the convenience and accessibility features of the system.

The Department remains committed to ensuring equal opportunity for people with disabilities to vote in the upcoming July 7th Presidential Primary Election and beyond. Laura Waterland, Project Director of the DLP, said “We appreciate the seriousness with which the Department addressed our concerns. People with disabilities take their civic duties seriously and we are pleased that the Department is so committed to ensuring we all can vote.” “We commend Delaware election officials for hearing our concerns and taking swift action to protect the right of blind voters to cast our ballots privately and independently,” Mark Riccobono, President of the National federation of the Blind added, “We continue to demand that all states implement accessible absentee and mail voting as soon as possible to protect blind voters during the pandemic and to fully enfranchise us going forward.”

Press contacts:
Anthony Albence, Delaware Department of Elections, 302-739-4277, anthony.albence@delaware.gov
Laura J. Waterland, Esq. Disabilities Law Program, Community Legal Aid Society, Inc., 302-479-8906, lwaterland@declasi.org
Eve Hill, Partner, Brown Goldstein Levy, on behalf of the National Federation of the Blind, 202.802.0925cda; ehill@browngold.com

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All eligible Delaware voters will receive absentee ballot applications by mail

WILMINGTON, Del. – Governor John Carney on Thursday signed the fifteenth modification to his State of Emergency declaration, rescheduling Delaware’s presidential primary for July 7. The Delaware Department of Elections will mail absentee ballot applications to all registered Democrats and Republicans in the State of Delaware, providing all eligible registered Delaware voters the opportunity to vote by absentee ballot in the presidential primary election. 

Governor Carney’s updated order also formalizes interim steps announced on Tuesday, allowing certain small businesses to resume limited operations effective 8:00 a.m. on Friday, May 8.

Read Governor Carney’s updated order.

“Delawareans have a basic, fundamental right to vote, and these changes will allow all Delaware voters to safely exercise that right,” said Governor Carney. “We are making progress. Delawareans have helped flatten the curve by staying home, and by practicing social distancing when you’re out in public. But this fight isn’t over.  Don’t go out in public unnecessarily, and wear a face covering when you do. Wash your hands often. Delawareans should stay vigilant, and stay informed at de.gov/coronavirus.”

Eligible Delaware voters will be permitted to select the “sick” or “temporarily or permanently physically disabled” options on their absentee ballot application to cast a vote in the presidential primary election, even if they are not exhibiting symptoms of COVID-19. Voters must return the application to the Delaware Department of Elections or complete the process online to receive an absentee ballot. The Delaware Department of Elections will operate at least six polling places in each county to allow voters to cast ballots in person should they choose not to vote by absentee ballot. 

Governor Carney’s order on Thursday also reschedules school board elections for July 21, and places additional requirements on municipalities that are conducting elections. The order requires districts and municipalities to enforce social distancing during elections, require face coverings, and limit crowds to 10 or fewer people at polling places. 

Governor Carney’s State of Emergency declaration – including the stay-at-home order and mandatory 14-day quarantine for out-of-state travelers – remains in place and carries the force and effect of law. Violations of the order, or any of its modifications, constitute a criminal offense. 

Anyone with a question about COVID-19, whether related to medical or social service needs, should call Delaware 2-1-1; or 7-1-1 for individuals who are deaf or hard of hearing. Or text your ZIP code to 898-211. Hours of operation are 8 a.m. to 9 p.m. Monday through Friday; 9 a.m. to 5 p.m. Saturday and Sunday. 

Questions can also be submitted by email at DPHCall@delaware.gov.

DPH will continue to update the public as more information becomes available. For the latest on Delaware’s response, go to de.gov/coronavirus.

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