Priority Legislation 150th General Assembly
Common Cause Legislative Priorities 2019
Early Voting – Delaware voters will be able to vote for 10 days up to the election at specified polling places. Common Cause Delaware supports the expansion of opportunities for voters to case their votes before or on election day. Delaware is one of less than a dozen states who have no alternative voting options for voters.
Bill has been introduced and assigned to the House Administration Committee: No hearing or votes taken.
Rep. Bentz & Rep. Schwartzkopf & Sen. Poore & Sen. Hansen & Sen. Townsend
Reps. Baumbach, Briggs King, Bush, Chukwuocha, Cooke, Heffernan, Jaques, Q. Johnson, Kowalko, Matthews, Mitchell, Osienski, Seigfried, Viola, K. Williams; Sens. Lockman, Sokola, Sturgeon, Walsh
HOUSE OF REPRESENTATIVES
150th GENERAL ASSEMBLY
HOUSE BILL NO. 38
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO EARLY VOTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Part IV, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 54. EARLY VOTING
§ 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.
(4) An election under Subchapter II of Chapter 75 of this title.
§ 5402. Early voting; designated locations.
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.
§ 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.
§ 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.
§ 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.
§ 5406. Method of early voting.
The State Election Commissioner shall determine whether early voting occurs by voting machine or paper ballot.
§ 5407. Tabulation of early voting ballots.
Early voting ballots must be tabulated at the same time as absentee ballots.
§ 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.
Section 2. Amend § 7528, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7528. General provisions.
All of the provisions of this title pertaining to elections, including registration of voters, Chapters 11, 13, 17, 19, 20, 21, and 23, primary elections and nomination of candidates, Chapters 31 and 33, general elections, Chapters 41, 45, 47, 49, 51, 53, 54, 55, and 57, as well as Chapter 50 of this title, shall be applicable to the holding of elections in accordance with this subchapter.
Section 3. This Act takes effect January 1, 2022.
This Act establishes in-person early voting in Delaware beginning January 1, 2022. Registered voters will be allowed to vote in-person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before the election at locations determined by the State Election Commissioner.
This Act also charges the State Election Commissioner with determining whether such voting should occur by voting machine or paper ballot. All other procedures relating to conducting voting are the same as for general election voting. Further, this Act requires that for statewide elections there must be at least 1 in-person polling place in each county, and an additional location in the City of Wilmington.
Election Day Registration – HB 39 Election Day Registration will allow voters who have not registered prior to the election to register and vote that day. This will encourage those who may not have changed their registration when moving or who have forgotten to register the opportunity to vote in every election. Making voting stress free and open to all qualified to vote.
Bill has been introduced and assigned to the House Administration Committee. No hearing or votes have been taken at this time.
Rep. Viola & Sen. Walsh & Rep. Dorsey Walker
Reps. Baumbach, Bentz, Bolden, Bush, Chukwuocha, Cooke, Griffith, Heffernan, Kowalko, Longhurst, Lynn, Mitchell, Osienski, Schwartzkopf, Seigfried, K. Williams; Sens. Paradee, Sokola, Townsend
HOUSE OF REPRESENTATIVES
150th GENERAL ASSEMBLY
HOUSE BILL NO. 39
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter V of Chapter 20, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2036. Deadline to register to vote: primary and general elections.
The last date to register to vote for any presidential primary, primary , special and general election shall be the fourth Saturday prior to the date of the election day of that election. A person may register to vote at his or her polling place from 7 am to 8 pm by submitting with that person’s application, a copy of a current and valid government issued photo identification or an original or legible copy of a current utility bill, bank statement, government check, paycheck or other government document displaying the name and address of the person registering to vote. The term “current” as used in this section to forms of identification other than those that are government issued shall mean the documents must be dated within 60 days prior to the registration date.
(1) Mail applications postmarked received on or before the deadline shall be considered to be on-time and shall be immediately processed by the departments of elections; and
(2) Applications taken by agencies in accordance with subchapter VII of this chapter and received by the Department on or before the deadline shall be considered on-time and shall be processed by the Department immediately upon receipt.
§ 2037. Deadline to register to vote: special elections.
The last day to register to vote for any special election shall be 10 days prior to the date of the special election.
§ 2037. Registration applications received after a the deadline.
Registration applications received after a the deadline and on or before the date of a primary or general election shall be held and processed following that election.
§ 2038. Registration applications that update a registrant’s record.
Notwithstanding any other provision in this title, the Department may process registration applications that change a registrant’s address or name until the day prior to a primary or general of any presidential primary, primary, special, or general election.
Section 2. This Bill shall take effect on January 1, 2019.
This bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of valid government issued identification or other generally accepted proof of identification.