Registration of Voters


Subchapter VII. Agency Based Registration

(a) Registration through the Division of Motor Vehicles.

(1) In addition to registration as provided for elsewhere in this chapter, each application for a motor vehicle driver's license under the laws of Delaware (including any renewal application) shall serve as an application for voter registration.

(2) An application for voter registration submitted under paragraph (a)(1) of this section shall be considered as updating any previous voter registration by the applicant.

(3) An applicant for a motor vehicle license may decline in writing to be registered to vote by way of the application for a motor vehicle driver's license. The fact that an applicant has declined to be registered through the motor vehicle application process shall not be used for any purpose other than voter registration.

(4) Applications for a motor vehicle license shall include as a part of the application a voter registration component. The voter registration component may not require any information which duplicates information required in the motor vehicle license component other than a second signature or information listed in paragraph (a)(5)a. of this section. If the applicant desires not to register to vote, the transmission of an electronic record will notify the Department of Elections of the applicant's intention.

(5) The voter registration component of the motor vehicle license application shall contain:

a. The minimum amount of information necessary to ensure the prevention of duplicate voter registrations and preserve the ability of election officials to determine eligibility of the applicant and otherwise administer voter registration and the election process;

b. A statement setting forth voting eligibility requirements and an attestation that the applicant meets the requirements;

c. The signature of the applicant under penalty of perjury; and

d. No requirement or notarization or other formal authorization.

(6) Any change of address form submitted to the Division of Motor Vehicles shall serve as notification of change of address for voter registration purposes.

(b) Registration through other state agencies.

(1) The Secretary or Chief Administrative Officer of each of the state agencies listed in paragraph (b)(2) of this section shall provide the voter registration services listed in paragraph (b)(3) of this section for its employees and the public it serves.

(2) In addition to the manner of voter registration provided for under subsection (a) of this section, a person who is qualified to register to vote may complete a voter registration application or apply to change a previous voter registration at the following divisions of state agencies:

a. Department of Health and Social Services, Division of Economic Services;

b. Department of Labor, Division of Training and Division of Vocational Rehabilitation; and

c. The Secretary or Chief Administrative Officer of each state agency not enumerated under paragraph (b)(2)a. or b. of this section may provide voter registration services for its employees and the public it serves.

(3) At each voter registration agency, the following services shall be made available:

a. Distribution of mail voter registration application forms as required by subchapter IV of this chapter in conjunction with the agency's own application for the service it provides to the public, and with each of the agency's application for recertification, renewal or change of address form relating to the services the agency provides, unless the applicant, in writing, declines to register to vote; to the greatest extent practicable, the registration agencies' forms shall incorporate a means by which a person who completes the forms may decline, in writing, to register to vote.

b. Employees of the registration agencies who are trained to provide nonpartisan voter registration assistance, and who shall routinely inquire of members of the public served by the agency whether they wish to register to vote and, if requested, assist such members of the public in completing the registration forms. Any such agency employee shall provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms. An agency employee who provides such assistance shall not:

1. Seek to influence an applicant's political preference or party registration;

2. Display any such political preference or party allegiance; or

3. Make any statement to an applicant to take any action, the purpose or effect of which is to discourage the applicant from registering to vote.

c. Acceptance of completed voter registration applications for transmittal to the appropriate office of the Department of Elections;

1. No information relating to a declination to register to vote in connection with an application made at a registering agency may be used for any purpose other than voter registration.

2. Registering agencies shall:

(i) Inform all applicants for voter registration of voter eligibility requirements;

(ii) Inform all applicants for voter registration of the penalties provided under law for submission of a false voter registration application; and

(iii) Ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.

(4) Notwithstanding the provisions of paragraph (b)(3) of this section, a voter registration agency may use an electronic tool developed by the State Election Commissioner to register clients to vote and to update their voter registration records.

69 Del. Laws, c. 76, § 1; 72 Del. Laws, c. 275, § 7; 77 Del. Laws, c. 227, §§ 31, 32; 79 Del. Laws, c. 231, § 1.;

(a) The State Election Commissioner shall be the statewide coordinator for agency based registration.

(b) Each of the voter registration agencies identified in this subchapter shall appoint an existing employee to implement and oversee the training necessary to provide nonpartisan voter registration, and to collect and enter on each registration application all information required to properly identify the applicant, including a complete location of residence. The employee designated to assist registrants at each voter registration agency shall further ensure that each voter registration application to be transmitted to the appropriate Department of Elections contains both the correct identification of the voter registration agency office, the origin and signature of the employee of the voter registration agency office who prepared or assisted in preparing the application and who witnessed the applicant's signature.

(c) The statewide coordinator shall ensure that all applicable intake and application forms used by each agency shall be the same forms used by the Department of Elections.

(d) The statewide coordinator shall provide properly trained personnel to transmit a sufficient number of appropriate applications to each voter registration agency and to transmit completed voter registration applications to the Department of Elections within 3 business days after completion to the Department of Elections. This requirement may be satisfied by putting the completed applications into the State mail within 3 business days.

(e) The statewide coordinator shall provide procedural assistance to each registration agency for appropriate training of the employee designated to assist in voter registration.

(f) The statewide coordinator shall institute appropriate procedures to facilitate implementation of the provisions of this subchapter and to ensure coordination of those procedures among the Department of Elections, the Department of Technology and Information and the voter registration agencies.

69 Del. Laws, c. 76, § 1; 70 Del. Laws, c. 274, § 5; 74 Del. Laws, c. 128, §§ 2, 3; 79 Del. Laws, c. 275, § 42.;

The Department of Elections shall collect, maintain and publish statistical data reflecting the number of electors enfranchised pursuant to this subchapter by each of the voter registration agencies created herein.

69 Del. Laws, c. 76, § 1; 79 Del. Laws, c. 275, § 43.;

The provisions of this subchapter VII shall take effect on January 30, 1994, and shall be known as the "Agency Based Registration Act."

69 Del. Laws, c. 76, § 1.;