DelawareSB 266153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 8 benefits, 3 costs, 2 mixed.

Absentee voters can fix envelope problems

The Department must identify each returned absentee envelope, keep it secure, and mark any deficiency with its reason. Officials cannot open or alter envelopes outside the allowed handling process, except to mark deficiencies. If your ballot lacks the required signed oath or sealed envelope, the Department must offer a chance to fix it. It must try to contact you by phone or email with instructions. A ballot corrected before polls close on Election Day must be processed and included in the count.

Absentee counting rules protect clear choices

Election judges review absentee ballots when a scanner cannot determine the voter's intent. An unclear choice or overvote affects only that office or question, not other countable choices. Write-in spelling variations count when they clearly identify a declared candidate; a unique last name can also qualify. A presidential or vice-presidential write-in counts for that party's presidential electors. Judges seek agreement; unresolved choices go through county officials to the State Election Commissioner for a final decision.

Absentee processing gets secure storage rules

Officials must secure absentee ballots in containers and locked cabinets during processing breaks and at each day's end. After processing, judges must seal containers and sign to confirm their contents and sealing. Each container holds ballots from only one election district and stays secure until lawful movement or destruction. Officials can extract absentee results before polls close, but cannot report them until polls close on Election Day.

Delaware election results face public audits

State and county elections require a random machine audit in each relevant county within 48 hours after results are certified. An additional Wilmington machine audit applies when the election includes a district with area in the city. Within 60 days, officials must audit all votes in a random district in each relevant county and, when applicable, Wilmington. Statewide elections also require a random statewide-office audit in a random district in each county and Wilmington. Wilmington city elections require a 48-hour machine audit and a 60-day full-district audit. School-board elections and school referendums require a 48-hour machine audit and a 60-day full-polling-place audit. The later selections must follow non-overlap rules, including the law's Wilmington and New Castle County restrictions. Full-district audits include early and absentee ballots, using hand counts compared with electronic totals. Selections and audits are public; the Department must set discrepancy thresholds and corrective steps and publish reports within 60 days. After the canvass, ballots and extracted results records stay locked for 22 months after Election Day, with authorized audit and official inspection access.

Delaware sets regular voting software checks

The State Election Commissioner must choose voting software and its version by July 1 of each odd-numbered year. Machines must use that software for elections starting September 1 that year, until the next designation takes effect. The software must be used in at least 2 other U.S. jurisdictions and have manufacturer approval. It must also meet the law's certification or qualifying equivalence standards. The Commissioner can change the choice at any time to address a material security flaw.

Polling places get machine supply safeguards

General elections require at least 1 voting machine per 650 registered voters assigned to a polling place. Primary and special elections require at least 1 per 800; a majority fraction of either ratio also counts. Anyone holding a voting machine must protect it, including during delivery and storage before and after elections. The Department must keep a reasonable number of spare machines ready and take reasonable steps to deliver replacements quickly.

Voting equipment gets public accuracy checks

The Department must test every voting system, including absentee systems, within 10 days before an election. Machine checks must confirm required software and compare sample vote totals with hand-counted paper ballots. At least 2 certifiers with different registered party affiliations must check machine numbers, assigned districts, condition, and seals. Certifiers cannot be the people who prepared the machines. Testing requires public notice and notice to state party chairs with candidates on the ballot; certifications are public records.

Voting machines must protect private votes

Every election under Delaware's election code must use an electronic voting system meeting the law's standards. Machines must keep choices private, except when someone needs to assist a voter. They must support all required ballot choices, count accurately, handle write-ins, and prevent overvotes and duplicate candidate selections. Machines also need permanent serial numbers and seals against tampering. Before Delaware accepts a system, it must meet an allowed federal certification standard or substantially match qualifying machines already used in Delaware.

Candidates must swear to home addresses

Delaware candidates must give the State Election Commissioner a notarized statement verifying their primary home address. They must sign under penalty of perjury. The address must follow the law's residence rules.

Parties lose specific machine inspection access

The law removes the requirement to mail party chairs the time and place of voting-machine inspections. It also removes their stated authority to name a representative to attend those inspections. Separate public testing notice requirements remain.

Voting machine suppliers must guarantee performance

Before a voting system is acquired or used, its owner or manufacturer must provide a written guarantee and post a bond. The guarantee must cover compliance with the machine standards. It must also cover defects in labor and materials for 5 years after the Department receives the machines. Rented machines require defect coverage for the rental period.

Clearer home address rules for voters

Voting residence depends on where you physically live and your intent to stay or return, including nontraditional living spaces. Temporary absences for school, military service, incarceration, AmeriCorps, Peace Corps, or medical care do not alone end residence. Getting a second home does not alone change residence. With multiple homes, residence generally follows where you live most often; your license or state ID address is supporting evidence. A home crossing district lines belongs to the district containing most of it; maps can support that decision. Living somewhere new indefinitely, registering there, or voting there establishes a new residence. Moving within Delaware lets you vote at your new polling place; establishing residence outside Delaware ends Delaware residence eligibility. You can appeal a residence decision in writing to the State Election Commissioner, whose written decision is binding.

Paper records count; second ballots barred

Your machine vote becomes legal when you complete the steps to cast it. The paper ballot showing your choices is the official record. Each machine delivered to a polling place must produce at least 2 paper-tape copies showing candidate and ballot-question totals. After casting a ballot on a voting machine, you cannot cast a second ballot under any circumstances.

Sponsors & Cosponsors

Sponsor

Daniel Cruce
Democratic • Senate

Cosponsors

Stephanie T. Bolden
Democratic • House
Mara Gorman
Democratic • House
Kerri Evelyn Harris
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Eric Morrison
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/18/2026

Passed (3/4 required)

Yes: 41 • No: 0

Senate vote • 4/21/2026

Passed (SM required)

Yes: 20 • No: 0

Actions Timeline

Signed by Governor
6/24/2026Governor
Passed By House. Votes: 41 YES
6/18/2026House
Reported Out of Committee (Elections & Government Affairs) in House with 1 Favorable, 5 On Its Merits
5/13/2026House
Assigned to Elections & Government Affairs Committee in House
4/22/2026House
Passed By Senate. Votes: 20 YES 1 ABSENT
4/21/2026Senate
Reported Out of Committee (Elections & Government Affairs) in Senate with 1 Favorable, 3 On Its Merits
4/15/2026Senate
Introduced and Assigned to Elections & Government Affairs Committee in Senate
4/2/2026Senate

Bill Text

Current
4/2/2026
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