TITLE 15

Elections

Registration of Voters

CHAPTER 20. REGISTRATION OFFICERS AND MOBILE REGISTRATION; REGISTRATION BY MAIL

Subchapter VI. Transfer of Registration; Change of Name; Change of Party Affiliation


(a) Any duly registered voter in the State who has moved to a new residence within the State may apply to transfer that registered voter's voter registration to the new address by completing a voter registration application and submitting it to the Department.

(b) Upon receipt of a properly completed and duly signed application, the Department shall complete the transfer in the accordance with Department procedures.

(c) If it shall be determined that the applicant had not previously registered, that applicant's application shall be treated as an application for registration.

(d) [Repealed.]

19 Del. Laws, c. 38, § 11; 21 Del. Laws, c. 36, § 8; Code 1915, § 1632; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 9; Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1741; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 169, § 21; 51 Del. Laws, c. 139, § 2; 52 Del. Laws, c. 10, § 3; 55 Del. Laws, c. 78, § 1; 57 Del. Laws, c. 567, § 18A; 58 Del. Laws, c. 148, § 31; 67 Del. Laws, c. 231, §§ 2, 15; 69 Del. Laws, c. 191, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 19; 74 Del. Laws, c. 411, § 17; 79 Del. Laws, c. 275, § 39.;

Repealed by 74 Del. Laws, c. 411, § 17, effective Aug. 5, 2004.;

Repealed by 77 Del. Laws, c. 227, § 29, effective Feb. 1, 2010.;

Repealed by 74 Del. Laws, c. 411, § 18, effective Aug. 5, 2004.;

In all cases where this subchapter requires written notice to be given to any person, such notice shall be deemed sufficient if sent by first-class mail addressed to the person to be notified at the post office address named by the person at the time of that person's application for registration.

Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1748; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1.;

Change of address or residence within Delaware shall not disqualify any person as a voter. A person who has changed the person's permanent place of residence within Delaware but who has not transferred the person's voter registration shall be permitted to vote at the polling place for the person's place of permanent residence on the day of the election.

(1) If the person who has changed the person's permanent place of residence appears at the polling place for the person's previous permanent place of residence, the election officers at that polling place shall complete the eligibility affidavit promulgated by the State Election Commissioner and obtain the location of the person's correct polling place from the Department of Elections. The election officer shall place the completed eligibility affidavit in an envelope annotated with the location and address of the correct polling place, give the envelope to the person, direct the person to go to the polling place for the person's new permanent place of residence and annotate the poll list to show that the person has been sent to another polling place.

(2) A person appearing at the correct polling place with an eligibility affidavit shall be permitted to vote upon showing proof of identity and address to the election officers and signing a blank signature card. The election officer shall complete the appropriate section of the eligibility affidavit, and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person's name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.

(3) A person registered to vote at another location within Delaware who appears at the polling place for their new permanent place of residence without having gone to the polling place of their former place of permanent residence shall affirm in writing the new address by completing and signing the eligibility affidavit promulgated by the State Election Commissioner. The election officers shall obtain authorization for the person to vote from the Department of Elections, complete the election officer section of the eligibility affidavit and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person's name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.

(4) Election officers shall enter the name, address and voter registration number for persons authorized to vote under the provisions of this section on the poll list after the last name listed and on a blank signature card. The person shall sign the signature card and be permitted to vote. A person who has legally changed their name as well as their permanent place of residence shall sign both their old and new names.

(5) The Department of Elections upon receipt of the eligibility affidavit and the voter registration application following an election shall transfer the person's address in accordance with the transfer procedures elsewhere within this chapter.

(6) The State Election Commissioner shall promulgate rules and procedures by which the Department may accept transfers of address from registered voters between the closing of registration and the day of a primary, presidential primary and general election both within the offices of the Department and at other locations statewide. Such rules and procedures shall contain a provision by which a person so transferring that person's own address in accordance with those rules and procedures may appear at that person's own proper polling place and vote without completing the eligibility affidavit or envelope at the polling place as required in paragraph (1), (2) or (3) of this section. The departments of elections in receipt of such transfers shall process them as soon as practical.

Code 1915, § 1632; 40 Del. Laws, c. 140, § 6; Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1749; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 169, § 29; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 20; 72 Del. Laws, c. 275, § 4; 77 Del. Laws, c. 227, § 2; 79 Del. Laws, c. 275, § 40.;

(a) A registered voter who has legally changed such voter's own name by marriage or other legal means should apply to update such voter's voter registration record with the new information.

(b) Such registered voter may apply to update such voter's record on the day of a primary, general or special election at the polling place for the election district where such voter is registered or at the polling place for the election district for such voter's new address in accordance with procedures as set forth by the State Election Commissioner.

(c) The State Election Commissioner shall set forth the procedures to implement subsection (b) of this section above in collaboration with the Department.

(d) Deadlines for registering to vote shall not apply to changes of name.

Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1750; 65 Del. Laws, c. 471, § 1; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 21; 72 Del. Laws, c. 275, § 5; 77 Del. Laws, c. 227, §§ 2, 30; 79 Del. Laws, c. 275, § 41.;

(a) Any duly registered voter may apply to change that registered voter's political affiliation by completing and submitting a voter registration application to the Department except in the year of a general election during the period from the last Saturday in May through the day of the primary election. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the office of the Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made on the original and duplicate records and the applicant shall be immediately notified by mail of the change so made. If the Department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at any office of the Department to answer under oath such questions as may be deemed necessary. If the applicant fails to appear as notified, no such change of affiliation shall be made. If the application is made to the registration officers, they shall forward the completed application to the Department at the same time as they forward other registration records at the close of registration, and the Department shall cause appropriate notations thereof to be made upon the applicant's registration record in the applicable County Master File and the applicant's record in the Election System data base.

(b) Applications received that change a person's political party affiliation during a period in which a person may not change that person's own political party affiliation in accordance with provisions of this title shall be held by the Department and processed when the period to change a person's political party affiliation reopens.

(c) Notwithstanding subsection (a) of this section a person may change his or her party affiliation in the year of a general election during the period from the last Saturday in May through September 1 if:

(1) The statewide and county chair of a political party provide a written affidavit to the Department stating that such person has asked or agreed to be a candidate for office of that political party and the statewide and county chair of a political party want the person to be a candidate for office representing the political party; and

(2) The person provides an affidavit to the Department stating that such person is changing political parties to be a candidate for office of the political party providing the affidavit described in paragraph (c)(1) of this section and a withdrawal form for any other candidacies.

15 Del. C. 1953, § 1751; 50 Del. Laws, c. 169, § 42; 52 Del. Laws, c. 59; 55 Del. Laws, c. 78, § 4; 57 Del. Laws, c. 181, § 38; 57 Del. Laws, c. 567, § 16; 58 Del. Laws, c. 148, § 32; 58 Del. Laws, c. 215, § 41; 61 Del. Laws, c. 418, § 6; 67 Del. Laws, c. 354, § 15; 69 Del. Laws, c. 191, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 15; 72 Del. Laws, c. 275, § 6; 73 Del. Laws, c. 251, § 1; 74 Del. Laws, c. 411, § 19; 75 Del. Laws, c. 232, §§ 28, 29; 78 Del. Laws, c. 36, § 3; 78 Del. Laws, c. 154, § 6; 79 Del. Laws, c. 232, § 2; 79 Del. Laws, c. 275, § 41.;