2022 Delaware Code
Title 15 - Elections
Chapter 55. ABSENTEE VOTING
§ 5525. Electronic delivery of absentee ballots.

(a) The provisions of this section apply to persons eligible to vote under the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, 52 U.S.C. § 20301, et seq.

(b) Notwithstanding any other provisions of this title, upon receipt of a written request on a federal post card application that includes an applicant's electronic address, the Department shall electronically deliver to an applicant that applicant's own absentee ballot, appropriate instructions and any other information the applicant needs to vote and return that applicant's own ballot.

(c) The Department shall transmit to the applicant an absentee ballot, instructions and other necessary information within 3 business days following receipt of a request from an applicant. If ballots are not available when the Department receives this request, the Department shall transmit a ballot, instructions and other necessary information to the applicant within 5 business days after the ballots become available.

(d) An applicant who is sent a ballot electronically may return such ballot via postal mail, courier or electronic means in accordance with the instructions sent with the ballot. A voter who returns a ballot electronically is deemed to have acknowledged that there may be situations where the secrecy of that voter's ballot cannot be guaranteed.

(e) A person who returns a ballot electronically shall also return a signed oath and identification information with the ballot. The oath may be signed digitally as provided in the instructions sent by the Department to the voter.

(f) The State Election Commissioner, in collaboration with the Department offices, shall establish procedures for electronically delivering an absentee ballot to a voter with instructions for the voter to follow in voting and electronically returning the voter's ballot to the Department office in the county in which the voter resides.