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Delaware Statutes § 2050 Registration through state agencies

⤴ Up to Subchapter VII: Agency Based Registration

Statute Text

(a) Registration through the Division of Motor Vehicles.
(1) [In addition to registration as provided for elsewhere in this chapter,] For each person who is not registered to vote and is of sufficient age to register to vote and whose information is not transmitted to the Department of Elections pursuant to § 2050A of this title, 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. However, any person who, at the time of the transaction with the Division of Motor Vehicles, provides a document that demonstrates non-citizenship shall not be offered the opportunity to register to vote. The Division of Motor Vehicles may not offer an opportunity to register to vote to an individual applying for a driving privileges card or permit under § 2711(d) of Title 21.
(2) [(3)] An applicant for a motor vehicle license under this section 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.
(3) [(4)] Applications for a motor vehicle license under this section 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) (4)(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.
(4) [(5)] The voter registration component of the motor vehicle license application under this section must contain all of the following :
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;] process.
b. A statement setting forth voting eligibility requirements and an attestation that the applicant meets the [requirements;] requirements.
c. The signature of the applicant under penalty of [perjury; and] perjury.
d. No requirement of notarization or other formal authorization.
(b) Registration through other state agencies.
(1) The Secretary or Chief Administrative Officer of each of the state agencies [listed in] under paragraph (b)(2) of this section shall be a voter registration agency for purposes of this subchapter and must 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 procedure provided elsewhere in this chapter, [under subsection (a) of this section] , [a person] an individual who is qualified to register to vote may complete a voter registration application or apply to change a previous voter registration at any of the following [divisions of] state agencies:
a. Department of Health and Social Services, [Division of Economic Services;] Division of Social Services.
b. Department of Labor, Division of Employment and Training and Division of Vocational [Rehabilitation; and] Rehabilitation.
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.] Any other state agency that the Secretary or Chief Administrative officer for that state agency selects to provide voter registration services for its employees and the public it serves.
(3) At each voter registration agency established by this subsection , all of the following services [shall] must be made available:
a. Distribution of mail voter registration application forms as required by subchapter IV of this chapter in conjunction with the voter registration agency's own application for the service it provides to the public, and with each of the agency's [application] applications for recertification, [renewal] renewal, or change of address form relating to the services the agency provides, unless the [applicant] individual , in writing, declines to register to [vote; to] vote. To the greatest extent practicable, the voter registration agencies' forms [shall] must incorporate a means by which [a person] an individual who completes the forms may decline, in writing, to register to vote.
b. Employees of the [registration agencies] voter registration agency who are trained to provide nonpartisan voter registration assistance, [and] who [shall] routinely inquire of [members of the public] individuals served by the agency whether they wish to register to [vote] vote, [and,] and who, if requested, assist such [members of the public] individuals in completing the registration [forms] forms, [Any such agency employee shall] must provide to each [applicant] individual 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] agency with regard to the completion of its own forms. [An] A voter registration agency employee who provides such assistance [shall not] may not do any of the following :
1. Seek to influence an applicant's political preference or party [registration;] registration.
2. Display any such political preference or party [allegiance; or] allegiance.
3. Make any statement to an applicant to take any [action,] action of which 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;] Elections.
1. [No information] Information relating to a declination to register to vote in connection with an application made at a [registering] voter registration agency may not be used for any purpose other than voter registration.
2. [Registering] Voter registration agencies [shall] must do all of the following :
[(i)] A. Inform all applicants for voter registration of voter eligibility [requirements;] requirements.
[(ii)] B. Inform all applicants for voter registration of the penalties provided under law for submission of a false voter registration [application; and] application.
[(iii)] C. 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.

History

Amended by Laws 2021 , ch. 71 , s 1 , eff. on the earlier occurrence of: (1) two years after enactment into law; or (2) five days after the date of certification by the State Election Commissioner to the Governor and the General Assembly that the information technology infrastructure to substantially implement this act is functional. .

Amended by Laws 2013 , ch. 231 , s 1 , eff. 5/28/2014 .

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

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