House Passes Bill Allowing Vote by Mail for Elections

DOVER – The House passed legislation Tuesday that would allow Delaware residents to cast their ballots via mail, sending the measure to Governor Carney for his signature.

Sponsored by Rep. Krista Griffith and Sen. Kyle Evans Gay, Senate Bill 320 would direct the Delaware Department of Elections to provide an application for a mail ballot before a state primary, general, or special election.

Voters who complete an online or paper application would then receive a mail ballot, instructions to complete the mail ballot, and a postage-paid envelope before Election Day. Completed ballots could then be returned by mail, deposited in a secure drop box, or delivered directly to the Department’s offices located in each of Delaware’s three counties. Voters also would be able to track the status of their ballot through a free online portal.

“Since the 1980s, more and more states have passed laws allowing their residents to vote by mail for any reason, and these methods have been implemented successfully,” said Rep. Griffith. “Democracy functions best when everyone has the opportunity to participate in it. But today’s world is hectic, between work, family obligations, illness or unexpected emergencies. Allowing all residents the option to vote by mail will provide them with a safe, convenient way to have their voice heard.”

Under SB 320, a team made up equally of Democrats and Republicans appointed by the State Election Commissioner would be responsible for opening mail ballots, checking them against the Department’s list of voters, and counting them by election district.

The Department would be required to reject ballots if the voter is not registered by the deadline, the ballot envelope is open, or in instances of evident tampering. Ballots also could be challenged if the voter did not request a ballot or the ballot is not signed, among other reasons.

“A democratic government that truly works for the people should do everything in its power to make voting accessible,” said Sen. Gay, chair of the Senate Elections and Government Affairs Committee and the prime sponsor of SB 320. “Delaware proved in 2020 that mail balloting is safe, secure, feasible and an effective avenue for expanding voter participation. I want to thank my colleagues in the House for supporting working families, seniors, and Delawareans concerned for their health with a vote-by-mail option as we head into the next election cycle.”

SB 320 permits any qualified voter to cast their ballot by mail through the General Assembly’s existing power in Article V, Section 1 of the Constitution to prescribe the means, methods, and instruments of voting. Currently, at least 23 states allow some form of mail ballot.

SB 320 goes to Governor Carney for his signature.

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