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Protecting Election 2020 from Covid-19: A Toolkit for Delaware Activists

If the Covid-19 pandemic continues into November, we will need to change our election practices to make sure voters don’t have to choose between their health and their right to vote. We have the solutions to make our elections both safe and accessible to all. And with this toolkit, you will know what reforms your state needs and where to focus your efforts.

Last Updated: August 19, 2020
Published: August 19, 2020

This is part of the Bren­nan Center’s Toolkits for Activ­ists Across the Nation.

Jump to a section: 
Polit­ical Context  |  What’s in Place and What’s Needed  |  Key Dates

Admin­is­ter­ing an elec­tion under pandemic condi­tions requires under­tak­ing steps to keep voting access­ible, safe, and secure. The guide below lays out the prob­lems Covid-19 poses, what prepared­ness meas­ures Delaware has, and what changes are still needed. But first, we offer some polit­ical context for your advocacy.


Advocacy Focus: Local Reform

Local offi­cials have a lot of respons­ib­il­ity over elec­tions. They are a great place to focus advocacy efforts. Though state offi­cials can make any of the changes in this toolkit, we high­light some examples of changes that local elec­tions offi­cials can also make with this symbol:🔸


Polit­ical Context

Below is a list of the relev­ant offi­cials and inform­a­tion about the legis­lat­ive session.

Governor: John Carney (D)  

State Elec­tion Commis­sioner: Anthony Albence, ex-offi­cio member of the State Board of Elec­tions

Legis­lature: House (D) Senate (D)

Legis­lat­ive Session: The legis­lature last adjourned on June 30, 2020. Either the legis­lature or the governor can call a special legis­lat­ive session.

Local Elec­tions Offi­cials: In Delaware, local Depart­ment of Elec­tions offices share respons­ib­il­it­ies for admin­is­ter­ing elec­tions. You can look up indi­vidual local Depart­ment of Elec­tions offices here.

What Delaware Has and What’s Needed

Three prior­it­ies. There are three key areas where we need to shore up our elec­tions systems for success during a pandemic: regis­tra­tion, mail voting, and in-person voting.

Regis­tra­tion

Covid-19 may disrupt the tradi­tional ways Amer­ic­ans register to vote, like get out the vote drives or regis­ter­ing at govern­ment agen­cies. In the crucial weeks before the regis­tra­tion dead­line, postal service disrup­tions may lead many regis­tra­tion forms to arrive at elec­tion offices after the dead­line.

Prepar­at­ory Meas­ures Delaware Already Has Taken:

  • Online voter regis­tra­tion

Changes Still Needed:

  • Prepare to extend mail and online voter regis­tra­tion dead­lines based on condi­tions in the state
  • Voter regis­tra­tion on Elec­tion Day

Voting by Mail

Because of Covid-19, long lines and crowds at the polls pose health risks not seen in previ­ous elec­tions. Allow­ing every citizen to vote by mail reduces the number of people at the polls on Elec­tion Day and decreases the expos­ure risk to Covid-19.

Prepar­at­ory Meas­ures Delaware Already Has Taken:

  • All voters can vote by mail without an excuse
  • Online tool for request­ing absentee and vote-by-mail ballots
  • No notary or witness require­ment for return of mail ballot
  • No ID require­ment to vote by mail
  • Provides pre-paid post­age for voting by mail
  • Sends mail-ballot applic­a­tions to all registered voters

Changes Still Needed:

  • Accept late-arriv­ing ballots post­marked by Elec­tion Day
  • Provide post-elec­tion notice and cure oppor­tun­ity for defects on absentee-ballot envel­ope, includ­ing signa­ture mismatch or miss­ing signa­tures

In-Person Voting

Even with expan­ded mail voting oppor­tun­ity, states cannot close polling places. To do so may disen­fran­chise voters without Inter­net and mail access, or those who do not wish to cast a ballot by mail. In-person voting must be done in accord­ance with health guidelines to prevent the spread of Covid-19.

Prepar­at­ory Meas­ures Delaware Already Has Taken:

  • In-person early voting

Changes Still Needed:

  • Ensure suffi­cient polling places are open and resourced on Elec­tion Day🔸
  • Open more in-person early voting loca­tions🔸
  • Take proper public health precau­tions to ensure safe polling places🔸
  • Hold train­ing sessions for polling-place work­ers well in advance of Elec­tion Day, so that elec­tion offi­cials can better anti­cip­ate prob­lems with staff­ing and logist­ics🔸
  • Increase access to curb­side voting at polling loca­tions

Advocacy Focus: Protect­ing Polling Places

No matter how prepared Delaware is as a matter of policy, elec­tions offi­cials and advoc­ates must stay vigil­ant about ensur­ing safe, healthy in-person voting is an option for every­one all the way through Elec­tion Day. Here are some import­ant things to know about who makes decisions about polling places in Delaware and what rules govern the process:

  • Local offi­cials have broad author­ity to desig­nate substi­tute polling loca­tions if it becomes imprac­tic­able to hold an elec­tion in the original loca­tion.🔸
  • A substi­tute polling loca­tion must be another public build­ing as near as can be to the original loca­tion, and suffi­cient public notice must be given.🔸

Key Dates for Delaware Elec­tions

  • August 22, 2020: Dead­line to register to vote for the Primary Elec­tion
  • Septem­ber 15, 2020: Primary Elec­tion Day
  • Octo­ber 10, 2020: Dead­line to register to vote for the General Elec­tion
  • Octo­ber 30, 2020: Dead­line for request­ing a vote-by-mail ballot for the General Elec­tion
  • Novem­ber 3, 2020: General Elec­tion Day