DOVER, DE – The Delaware Department of Elections is informing voters that automatically registered voters may declare their party at the State Primary Election, September 10, 2024. Delaware is a Closed Primary State, meaning that only voters affiliated with the Democratic or Republican parties may vote in their party’s Primary Election. Eligible Voters must vote at their assigned Polling Place, and Polling Places are open from 7 a.m. – 8 p.m. on Primary Election Day.

The Automatic Voter Registration System (AVR) is a process outlined in Delaware law (15 Del. C. § 2050A) and implemented in late June 2023, through which eligible Delaware residents are automatically registered to vote while getting a license or ID at Delaware Division of Motor Vehicles (DMV) and their voter registration records are automatically submitted to the Department of Elections. This system is working as envisioned, and the Department has processed automatic voter registration records quickly and efficiently. Voters who are automatically registered at DMV (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. Only voters registered as “No Party – AVR” may change their party on Primary Election Day in order to vote in the State Primary Election. For information on the automatic voter registration process, please visit elections.delaware.gov.

Last week, the Department identified a clerical (i.e., human) error in the processing of a total of 764 voter records statewide. 328 of the 764 affected voters are registered in New Castle County, with 87 affected voters registered in the City of Wilmington. The Department immediately resolved the issue by updating the pollbooks at every early voting site and polling place Statewide to show that all of these voters are eligible to vote in the State Primary Election. Additionally, immediately after the issue was identified, all early voting locations statewide also were provided lists of the impacted voters. Both of these steps have been taken to ensure that these voters will be processed just like any other eligible voter without any further necessary research or eligibility verification due to party affiliation.No voter has been turned away due to this issue, and any voter impacted has been provided the opportunity to vote.

Voters are encouraged to refer to the voter information postcard sent by the Department to every registered voter at the beginning of August, which shows their political party affiliation. Voters registered via AVR are encouraged to check the AVR mailer they received shortly after their registration.

Voters may check their own voter registration and voting record on the State’s online portal, https://ivote.de.gov. Voters with questions about their eligibility to vote in the 2024 State Primary Election may call or email their county elections office for more information:

• New Castle County Office: 302-577-3464; votencc@delaware.gov
• Kent County Office: 302-739-4498; votekc@delaware.gov
• Sussex County Office: 302-856-5367; votesc@delaware.gov 

Department of Elections Information:

For more information, visit the Department of Elections website at elections.delaware.gov and connect with the Department on Facebook, facebook.com/DoE.Delaware, X (Twitter), twitter.com/DE_Elections, Instagram instagram.com/doe.delaware/, and YouTube youtube.com/channel/UCYITHvWQRkGXNIZ3ctvH7VQ.

Automatic Voter Registration Notice for the September 2024 State Primary

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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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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Wilmington. Governor Carney changed upcoming School Board and Municipal Elections in his 6th update to the State of Emergency.

The Governor ordered School Board elections scheduled for May 12th delayed until June 16th.

He  also ordered municipal elections scheduled before May 15th cancelled and  rescheduled no earlier than May 15, 2020. The Governor further ordered the extension of the terms of existing officeholders until after the re-scheduled elections.

Wilmington. Governor Carney changed the Presidential Primary to June 2, 2020 in his 6th update to the State of Emergency.  The change caused changes in two deadlines.

1. The  deadline to change party affiliation changed April 3, 2020.
2. The  deadline to register to vote changed to May 8, 2020.

The Governor also ordered that citizens who want to vote by absentee ballot due to COVID-19 can use the “sick or or temporarily or permanently physically disabled” reason when requesting a ballot.

Persons can request an absentee ballot online at https://ivote.de.gov. They can also download the Absentee Form, complete it and return it by email, FAX or mail to the Department of Elections Office for their County.