15 Del. C. Pt. II, Ch. 19
§ 1901 Eligibility.
(a) A Delaware citizen absent from the State, not registered to vote in another state and eligible to vote in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [52 U.S.C. § 20301 et seq.] as amended shall be permitted to register to vote under the provisions of this chapter if that person is a citizen and permanent resident of the State of Delaware. For purposes of this section, this includes:
(1) A citizen and permanent resident of the State of Delaware who became ill or who was injured while a member of a uniformed service;
(2) A citizen and permanent resident of the State of Delaware who is a member of a service organization such as the American Red Cross attached to and serving with a uniformed service; or
(3) A spouse or dependent of a person meeting the criteria in this section.
(b) Persons registering to vote in accordance with this chapter shall:
(1) Register to vote at the address of that person’s own permanent residence in the State of Delaware;
(2) Register to vote at the address of that person’s own last place of permanent residence in the State of Delaware prior to joining a uniformed service or moving overseas; or
(3) In the case of persons who are permanently living outside of the United States, be registered to vote at the address of the office of the Department in the county in which they last resided before moving overseas. These persons shall be permitted to vote for federal offices only.
(c) Citizens listed in subsection (a) of this section above do not lose their domicile in the State of Delaware unless they establish a domicile or register to vote in another state.
§ 1902 Application by persons eligible to register to vote under the provisions of this chapter.
(a) A citizen and permanent resident of the State of Delaware who maintains a residence in the State may submit a State of Delaware Voter Registration Application or any registration application promulgated by the federal government.
(b) A citizen eligible to vote under the provisions of this chapter who does not maintain a residence within the State of Delaware may register to vote by submitting a federal Post Card Application, federal Write-in Absentee Ballot, or any other registration application promulgated by the federal government under the provisions of the UOCAVA [52 U.S.C. § 20301 et seq.] as amended.
(c) The deadline for the Department to receive an application to register to vote under the provisions of this chapter is the third Monday prior to a primary or general election. Applications received after a deadline shall be held and processed on the first business day following that election.
(d) The Department shall accept electronic transmissions of signed registration applications specified in this section.
(e) The Department shall immediately notify any person whose application to register to vote was rejected and provide such person the reason or reasons for rejection and information on how to appeal the rejection.
§ 1903 Late registration procedures for military and overseas citizens.
A citizen who has been discharged or separated from a uniformed service, the Merchant Marine or from employment outside of the territorial limits of the United States too late to register to vote for a primary or general election but within 60 days of the date of a primary or general election, shall be entitled to register to vote for the purpose of voting in that and ensuing primary or general elections after presenting documentation of that individual’s discharge, separation or termination of employment to the Department up to and including the date of the election. This also applies to any accompanying family members who are otherwise eligible to register to vote.
§ 1904 Special registration and other election services to uniformed service members.
(a) The Department shall upon request from the appropriate authority assist members of the State’s National Guard and members of reserve units headquartered in the State of Delaware to register to vote and to apply for absentee ballots. The Department shall also, where possible, assist any other member of a uniformed service present in the State of Delaware to register to vote and to apply for an absentee ballot from their home state.
(b) Services to a person not eligible to register to vote in the State of Delaware shall be limited to providing the appropriate application, assisting in the completion of that application and advising the person on deadlines, that person’s rights, and points of contact in the state in which that person is domiciled.
(c) Notwithstanding any other provision in this title, citizens of the State of Delaware who are scheduled to be deployed within 7 days of the day of a primary or general election and who are registered voters in the State of Delaware shall upon presentation of military orders be issued an absentee ballot and be permitted to vote by absentee ballot at any office of the Department prior to closing of the polls on the day of the election. If it is not possible to issue the person the ballot for that person’s election district, a special ballot containing federal and statewide offices only shall be issued.
§ 1905 Law applicable.
All the provisions in this title relating to registration of voters in general, as provided by law, shall apply as far as pertinent to this chapter.