TITLE 15

Elections

General Elections

CHAPTER 54. Early Voting

82 Del. Laws, c. 79, § 1
§ 5401. Applicability.

This chapter applies to the following elections:

(1) A primary election.

(2) A general election.

(3) A special election to fill a vacancy in a statewide office, the General Assembly, or an office covered by Chapter 73 of this title.

82 Del. Laws, c. 79, § 1

§ 5402. Early voting; designated locations [Effective until May 1, 2024].

(a) Except as provided by subsection (b) of this section, the State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an election.

(b) The requirement under subsection (a) of this section that early voting locations be open the Sunday immediately before an election does not apply to the presidential primary election date established under § 3181(a) of this title.

82 Del. Laws, c. 79, § 184 Del. Laws, c. 111, § 1A

§ 5402. Early voting; designated locations [Effective May 1, 2024].

The State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an election.

82 Del. Laws, c. 79, § 184 Del. Laws, c. 111, § 1A

§ 5403. Designation and publication of early voting locations.

(a) The State Election Commissioner shall designate and publish the early voting locations at least 30 days before an election.

(b) The State Election Commissioner shall only designate a location as an early voting location if it meets the requirements of § 4512 of this title.

(c) In an election for a statewide office, at least 1 early voting location must be designated in each county, with an additional early voting location in the City of Wilmington.

82 Del. Laws, c. 79, § 1

§ 5404. Hours at designated early voting locations.

(a) The State Election Commissioner shall open the designated early voting locations for at least 8 hours on each day of early voting.

(b) The State Election Commissioner shall close the designated early voting locations no earlier than 7 p.m. on each day of early voting and shall open the designated early voting locations by 7 a.m. on at least 5 of the early voting days.

82 Del. Laws, c. 79, § 1

§ 5405. Procedure for conducting early voting.

Except as otherwise provided under this chapter, the procedure for early voting is as established under Chapter 49 of this title.

82 Del. Laws, c. 79, § 1

§ 5406. Method of early voting.

The State Election Commissioner shall determine whether early voting occurs by voting machine or paper ballot.

82 Del. Laws, c. 79, § 1

§ 5407. Tabulation of early voting ballots.

Early voting ballots must be tabulated at the same time as absentee ballots.

82 Del. Laws, c. 79, § 1

§ 5408. Daily updates of polling records.

The Department of Elections shall establish procedures for daily updates of polling records to ensure the integrity of each election.

82 Del. Laws, c. 79, § 1