Delaware Officials Outline Election Day Protocols

Delaware Attorney General Kathy Jennings, Governor Matt Meyer, and State Election Commissioner Anthony Albence released a joint communication on October 30 to clarify voter rights and security measures for the November 3 general election. The three officials emphasized that the state intends to keep the voting process easy, safe, and secure for all eligible residents. They cited the fundamental nature of the vote as the mechanism by which citizens choose leaders and hold them accountable.

The Department of Elections listed specific protections available to voters on Election Day. Individuals registered to vote are entitled to cast a ballot and may not be coerced or intimidated by any person or corporation. Voters remaining in line when polls close at 8 p.m. retain the right to vote. If a ballot is marked incorrectly, a voter may request a new one from a poll worker. Those whose voting machines are malfunctioning may ask for a paper ballot. Voters whose names are missing from the poll book can cast a provisional ballot and will receive written instructions on verifying their count.

Accommodations exist for voters with disabilities. Blind or physically disabled voters may bring two helpers into the booth. Those who moved or changed names without notifying the Department may correct their information at their previous polling place on Election Day. If a voter requires assistance in the booth, two election officers from different parties must be present simultaneously. They may not influence the decision and must leave before the vote is cast.

Campaign activities are regulated within 50 feet of polling place entrances. Staff and volunteers may contact voters by phone or in person but cannot advocate for candidates or partisan topics in that zone. Non-partisan slogans on clothing are permitted. The law requires polling places to be physically accessible, and Delaware’s voting machines include full accessibility features under the Help America Vote Act.

The Delaware Department of Justice Division of Civil Rights and Public Trust provided law enforcement with written guidance on potential offenses. These include voter intimidation, improper influence, harassment, criminal nuisance, and breach of peace. Fraudulent voting offenses involve impersonating another voter, voting multiple times, or voting out of district. Interfering with election officers, stealing ballot boxes, or defacing submitted ballots are also listed. Illegal electioneering includes projecting sound into the polling area or distributing partisan materials within the 50-foot buffer.

Federal election monitors from the U.S. Department of Justice will be present in Delaware on Election Day. State officials described this as a normal and lawful practice under the Voting Rights Act of 1965. Monitors serve as fact witnesses and ensure federal rights are honored. They are federal employees who cooperate with state authorities and comply with Delaware law. They may interview voters outside polling places but cannot compel participation. Voters may refuse or answer anonymously. Armed federal law enforcement agents may not be inside or near polling locations pursuant to 18 U.S.C. 592.

State agencies, including the National Guard and Emergency Management Agency, are coordinating through Governor Meyer’s Election Security Task Force. The Department of Justice and the Department of Elections trained poll workers and will staff the voter hotline at (302) 739-4277. Law enforcement agencies drilled coordinated responses to potential disruptions. Election attorneys are on call for rapid legal counsel. The Division of Civil Rights and Public Trust is deployed statewide to support law enforcement and serve as witnesses. The Office of Impact Litigation is prepared to file emergency litigation if election interference occurs.

A statewide Elections Joint Information Center will operate from 6 a.m. on November 3 to 1 a.m. on November 4. Communications staff from the Department of Justice and task force agencies will staff this center to provide consistent information to the media and public. Officials urged voters to exercise patience toward poll workers and other voters on Election Day. They also advised patience during the days following the election as national results are tallied.