Student Voting Project | Delaware

Voting at School

ID Requirements

When you register to vote, either in person or by mail,you'll have to provide proof of your residence. The following documents are accepted: a Delaware driver's license, aDelaware car registration with your voting address, a student ID if it has youraddress on it, a current lease, utility bill (including cell phone bills),tuition bill, student housing bill, bank statement, paycheck stub, or creditcard statement in your name and with your voting address, including an onlineprintout, or a Delaware resident income tax return from the last year.  If you register by mail and don't provideproof of residence, your registration won't be complete and you'll have to votea provisional ballot and show ID with your name and address at the polls onElection Day.  If you're not able to showID, your ballot won't be counted.

Every voter in Delawareis asked for proof of identity at the polls on Election Day, but you can signan affidavit to fulfill this requirement.

Any first-time voter who registered by mail and whoseidentifying numbers (Delaware driver's license or non-driver ID number or lastfour digits of your Social Security number) have not been verified by the statemust provide ID, either by submitting a copy of identification with yourregistration form or your absentee ballot, or by showing ID at the polls.  Acceptable ID includes: photo ID (including astudent ID), or a copy of a current utility bill (including cell phone bills orstudent housing bills), bank statement, government check, paycheck or othergovernment document that has your name and address.  Online printouts of identifying documentswill be accepted.

Registration Requirements

Your registration must be submitted or postmarked by thefourth Saturday before Election Day. Ifyou register in person, you'll have to provide proof of residence and identity(acceptable forms of ID are listed below).

Residency Requirements

To establish voting residency in Delaware, you must move toDelaware with the intent of abandoning your old home and making your Delawareaddress your new permanent home for "an appreciable period of time,"without any present intention of moving.

Delaware'slaws require that voters be "bona fide residents." Delaware courts haveheld that residence means "domicile."

Students who lived in Delaware before to moving to anotherstate for school, and who wish to establish or keep their Delaware votingresidency (i.e., at their parents' Delaware address) should have no problemdoing so, unless they've already registered to vote in their new state.  Like all states, Delaware allows students to keep theirvoting residency even if they move away to attend school, and the only way youmight lose this residency is by establishing residency in a new state.  While registering to vote in another state isnot automatically considered abandonment of residency in your Delaware, some judges or officials mightview it as such.

County elections officials have the right to initially denyyour application on the basis of your residency orto remove you from the list once you're registered,but you're entitled to notice in either case and can appeal those decisions tocourt.  You have to give the county notice of yourappeal, but you can make your appeal at any time, up to and including ElectionDay.

Your residency can be challenged on Election Day by anofficial poll worker or by a partisan challenger.  The poll workers will decide by majority voteif they think you're an eligible resident; you'll either be allowed to vote a regular ballot or will have to show ID and votea provisional ballot.  Delawarelaw doesn't indicate under what circumstances a provisional ballot cast by achallenged voter will be counted.

Absentee Requirement

If you're registered to vote in Delaware but you're unable to go to the polls on Election Day because of your "business or occupation," you may cast an absentee ballot.  This includes students who are away from their voting precinct because they're attending school elsewhere.  Additionally, any voter who is unable to make it to the polls on Election Day due to illness, vacation, school or work obligations, or because they're temporarily living overseas, is covered by this provision and should be able to vote absentee.   

Blank absentee ballot applications are available on the web site of the state Department of Elections.  Unless you are getting an absentee ballot because you're sick or disabled, in public service, or out of the country, your mail-in application has to be notarized.  Applications for absentee ballots are due at your county department of elections office at noon the day before the election, but if you're voting by mail, you'll want to get yours in earlier so you'll have time to receive your ballot and mail it back. Absentee ballots must be received by the department of elections by the close of the polls on Election Day.  First-time voters who registeed by mail and didn't include a copy of ID with their registration will have to include a copy with their absentee ballot (see ID section).

Voting at Home

ID Requirements

When you register to vote, either in person or by mail,you'll have to provide proof of your residence. The following documents are accepted: a Delaware driver's license, aDelaware car registration with your voting address, a student ID if it has youraddress on it, a current lease, utility bill (including cell phone bills),tuition bill, student housing bill, bank statement, paycheck stub, or creditcard statement in your name and with your voting address, including an onlineprintout, or a Delaware resident income tax return from the last year.  If you register by mail and don't provideproof of residence, your registration won't be complete and you'll have to votea provisional ballot and show ID with your name and address at the polls onElection Day.  If you're not able to showID, your ballot won't be counted.

Every voter in Delawareis asked for proof of identity at the polls on Election Day, but you can signan affidavit to fulfill this requirement.

Any first-time voter who registered by mail and whoseidentifying numbers (Delaware driver's license or non-driver ID number or lastfour digits of your Social Security number) have not been verified by the statemust provide ID, either by submitting a copy of identification with yourregistration form or your absentee ballot, or by showing ID at the polls.  Acceptable ID includes: photo ID (including astudent ID), or a copy of a current utility bill (including cell phone bills orstudent housing bills), bank statement, government check, paycheck or othergovernment document that has your name and address.  Online printouts of identifying documentswill be accepted.

Registration Requirements

Your registration must be submitted or postmarked by thefourth Saturday before Election Day. Ifyou register in person, you'll have to provide proof of residence and identity(acceptable forms of ID are listed below).

Residency Requirements

To establish voting residency in Delaware, you must move to Delaware with the intent of abandoning your old home and making your Delaware address your new permanent home for "an appreciable period of time," without any present intention of moving.

Delaware's laws require that voters be "bona fide residents." Delaware courts have held that residence means "domicile."

Students who lived in Delaware before to moving to another state for school, and who wish to establish or keep their Delaware voting residency (i.e., at their parents' Delaware address) should have no problem doing so, unless they've already registered to vote in their new state.  Like all states, Delaware allows students to keep their voting residency even if they move away to attend school, and the only way you might lose this residency is by establishing residency in a new state.  While registering to vote in another state is not automatically considered abandonment of residency in your Delaware, some judges or officials might view it as such.

County elections officials have the right to initially deny your application on the basis of your residency or to remove you from the list once you're registered, but you're entitled to notice in either case and can appeal those decisions to court.  You have to give the county notice of your appeal, but you can make your appeal at any time, up to and including Election Day.

Your residency can be challenged on Election Day by an official poll worker or by a partisan challenger.  The poll workers will decide by majority vote if they think you're an eligible resident;  you'll either be allowed to vote a regular ballot or will have to show ID and vote a provisional ballot.  Delaware law doesn't indicate under what circumstances a provisional ballot cast by a challenged voter will be counted.

Absentee Requirement

If you're registered to vote in Delaware but you're unable to go to thepolls on Election Day because of your "business or occupation," you may cast anabsentee ballot.  This includes students who are away fromtheir voting precinct because they're attending school elsewhere.  Additionally, any voter who is unable to makeit to the polls on Election Day due to illness, vacation, school or workobligations, or because they're temporarily living overseas, is covered by thisprovision and should be able to vote absentee.   

Blank absentee ballot applications are available on the website of the state Department of Elections. Unless you are getting an absentee ballot because you're sick ordisabled, in public service, or out of the country, your mail-in applicationhas to be notarized.  Applications forabsentee ballots are due at your county department of elections office at noon the day before the election, butif you're voting by mail, you'll want to get yours in earlier so you'll havetime to receive your ballot and mail it back.Absentee ballots must be received by the department of elections by the closeof the polls on Election Day.  First-time voters who registeed by mail anddidn't include a copy of ID with their registration will have to include a copywith their absentee ballot (see ID section above).

[1] 1971 Op. Atty. Gen. Del. No. 71-079.

[2] 1972 Op. Atty Gen. Del 122.

[3] Del. Code Ann. tit. 15, § 1701.

[4] Mitchell v. State Tax Comm'r, 42 A.2d 19 (Del. Super. Ct. 1945).

[5] 15 Del. C. § 2014

[6] 15 Del. C. § 1702

[7] Del. Code Ann. tit. 15, § 2101 et seq.

[8] 15 Del. C. § 4936

[9] Del. Code Ann. tit. 15, § 4937.

[10] Del. Code Ann. tit. 15, § 4936; 15 Del. C. § 4948  

[11] Del. Code Ann. tit. 15, § 2036.

[12] 15 Del. C. § 2011(b)

[13] Department of Elections for New Castle County, "Information for College Students," at http://electionsncc.delaware.gov/college.shtml (last visited July 26, 2008).

[14] Del. Code Ann. tit. 15, § 4937.

[15] Del. Code Ann. tit. 15, § 2033.

[16] Del. Code Ann. tit. 15, § 5502.

[17] Del. Code Ann. tit. 15, § 5503.

[18] Del. Code Ann. tit. 15, § 5508.