Delaware Voting Rights Coalition

On Friday, February 23, 2024, Delaware’s Superior Court ruled that Delaware’s early voting and permanent absentee voting laws violate the state Constitution. As of Tuesday, February 27, 2024 the Attorney General committed to appeal this ruling and support legislative efforts to pass constitutional amendments expanding and enshrining voting rights.  

DVRC Statement

During the 2024 election season, 209,517 people, 26.5% of all registered voters in the state, cast their ballots during the 10-day early voting period and an additional 37,656 voted by absentee ballot. While turnout is a testament to Delawareans' strong support for accessible voting options in Delaware, yet many still faced barriers.  

Early voters across the state faced long lines at the polls and limited designated early voting polling location options. Kent County voters were restricted to just four early voting locations. The Disabilities Law Program (DLP) received anecdotal reports via calls and emails about accessibility concerns during early voting, such as long lines and the need for chairs or other accommodations.  

In such instances, when DLP reported the occurrences to the Delaware Department of Elections (DOE), the DOE was responsive to requests to take steps such as adding chairs or moving voters to the head of the line. Those who did not meet Delaware’s criteria to qualify as an absentee voter, and yet still faced obstacles due to work, childcare, or other barriers, were left without a way to cast their ballots safely from home.  

The Delaware Supreme Court’s decision to restore early in-person and permanent absentee voting protections was a major victory that allowed thousands of Delawareans to exercise their right to vote in this year’s critical election cycle. However, these laws remain vulnerable to future legal challenges. With more voters than ever relying on these ways to vote, we must continue to urge lawmakers to protecting and expanding these essential options.

On Friday, October 7, 2022, the Delaware Supreme Court issued a ruling that overturned the vote by mail and same-day registration laws that were passed during the 2022 legislative session. This decision was a devastating blow to voting rights in Delaware.

As a consequence of this ruling, Delaware’s registration deadline will remain one of the longest deadlines allowed by federal law, drastically reducing voter engagement in all of our elections. Limiting the window of time in which voters can register via arbitrary voter registration deadlines is one of the most common and overlooked forms of voter suppression. Voter registration deadlines actively disenfranchise communities of color, low-income voters, those who are new to the voting process or recently received citizenship, and voters who move frequently—particularly young voters.  

Expanding access to the ballot, including addressing restrictive registration deadlines, can be complemented by measures like vote-by-mail, which benefits all Delaware voters. Voting by mail allows all voters to take time to study the issues and candidates on their ballot and get questions answered from the comfort of their own home and at their own convenience. It decreases the number of people voting in-person at polling locations, potentially avoiding long lines and wait times on Election Day, and it maximizes the chance that elections may endure despite whatever unexpected threat emerges. 

Delawareans overwhelmingly want to be able to cast their ballots freely and fairly, and vote by mail and same day registration improved access securely for thousands of voters. We remain committed to advoacting for constitutional amendments in order to enact these changes permanently and expand access to the ballot for all voters.

Voting is a right—not a privilege, and voting restrictions fall particularly hard on systems-involved individuals. Due to racial bias in the criminal justice system, barriers to voting while incarcerated, restrictions on voting while on probation, and felony disenfranchisement laws disproportionately affect Black and brown people, who often face harsher sentences than white people for the same offenses.

In Delaware, thousands of people are disenfranchised every election because they are incarcerated. Those who are held in pretrial detention or convicted of misdemeanors do not legally lose their voting rights, but still encounter barriers when trying to cast their ballot. 

However, due to continued advoacy from the DVRC and voting rights partners across the state, Delaware has taken some positive steps for voting rights for those impacted by the criminal legal system. During the 2024 election season, state election officials visited correctional facilities to facilitate “in-facility absentee voting” opportunities whereby eligible incarcerated voters were able to cast their ballots in-person – a significant step from the 2020 election season during which no eligible incarcerated voters were able to vote. Thanks to pressure from both our campaign members and other voting rights advocates, 311 eligible incarcerated voters cast a ballot in 2024 – 307 people voted through in-person absentee and 4 voted through standard vote by mail. 

Voting allows people to remain connected to their communities while incarcerated, and helps facilitate the re-entry process. Delaware lawmakers must understand the importance of maintaining and fostering this connection, and the role that access to the ballot plays in encouraging civic participation and engagement. We are committed to continuing to urge elected officials chamption reforms that allow incarcerated individuals to request, receive, and return a ballot.

I Have a felony conviction. Can I vote?

Even though one in four adults in Delaware identifies as having a disability, voters with disabilities continue to face some of the greatest barriers to voting in our elections- from inaccessible parking to public education and candidate information that are unavailable in accessible media formats. 

Federal law, including the Americans with Disabilities Act, Voting Rights Act, and Help America Vote Act requires states to:

• Provide voters with disabilities the “full and equal opportunity to vote."
• Make polling places fully accessible to voters with disabilities.
• Have at least one voting system at each polling place that allows people with disabilities to vote privately and independently.
• Allow voters with disabilities to receive in-person help at the polls from a person of their choosing (except an agent of their employer or union).
• Provide the same opportunity for access and participation, including privacy and independence, that other voters receive.

The Delaware Department of Elections and the state can improve accessibility for voters with disabilities now by:

• Ensuring physical access during Early Voting and on Election Day,
• Creating and supporting better transportation options, and
• Developing a simple and effective process for the electronic delivery and return of absentee ballots for those who qualify.

We will continue to demand that the Department of Elections ensures that the voices, experiences, and needs of voters with disabilities are integrated into all aspects of election administration.