15 DE Code § 2050A. (2021)
2021 Delaware Code|Title 15 - Elections|Chapter 20. Registration Officers and Mobile Registration; Registration by Mail|Subchapter VII. Agency Based Registration|§ 2050A. Automatic voter registration at the Division of Motor Vehicles and other agencies [Effective upon fulfillment of 83 Del. Laws, c. 71, § 5].

§ 2050A. Automatic voter registration at the Division of Motor Vehicles and other agencies [Effective upon fulfillment of 83 Del. Laws, c. 71, § 5]. (a) Each person who, in the course of business with the Division of Motor Vehicles, provides documentation demonstrating United States citizenship, shall be confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote. The course of business with the Division of Motor Vehicles applies to any person who comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:  (1) The issuance or replacement of a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (2) The renewal of a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (3) The change of an individual's legal name or residence address listed on a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. (b) (1) For each individual who is confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, and who is not registered to vote and who is of sufficient age to register to vote, the Division of Motor Vehicles shall provide to the Department of Elections all of the following information about the individual:  a. The individual's name. b. The individual's date of birth. c. The individual's driver's license or state ID number. d. The individual's residence address and mailing address, if different from the residence address. e. The individual's county of residence. f. The individual's citizenship status. g. An electronic image of the individual's signature. (2) The Division of Motor Vehicles shall transmit the information in paragraph (b)(1) of this section to the Department of Elections electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.  (c) Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State or to require documentary proof of citizenship for voter registration.  (d) (1) Upon receiving a complete electronic record for an individual who is not registered to vote, is of sufficient age to register to vote, and who has demonstrated United States citizenship, the Department of Elections shall, upon determination that the individual is eligible to register to vote, do all of the following:  a. Register the individual to vote. b. Mark the individual as unaffiliated. c. Send the individual a notice under paragraph (e)(1) of this section.  (2) If the Department of Elections determines that a person under paragraph (d)(1) of this section is ineligible to register to vote, the Department of Elections may not register the individual to vote or send the individual a notice under paragraph (e)(1) of this section.  (3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations.  (e) (1) For any individual registered to vote pursuant to paragraph (d)(1) of this section, the Department of Elections shall send to the person's address of record, by nonforwardable mail, a notice that the individual has been registered to vote that contains a postage paid preaddressed return form by which the person may affiliate with a political party or decline to be registered.  (2) A notice mailed under paragraph (e)(1) of this section must include an explanation of the eligibility requirements to register to vote and a statement indicating that if the person is not eligible, the person should decline to register using the preaddressed return form. The notice must also state the penalties for submission of a false application. (3) The notice provided under paragraph (e)(1) of this section must also include a statement indicating that if the person declines to register to vote, the fact that the person has declined registration will remain confidential and will be used only for election administration purposes, and a statement indicating that if a person does not decline registration, the office at which the person was registered will remain confidential and will be used only for election administration purposes. (4) The notice provided under paragraph (e)(1) of this section must include a statement instructing the person to select a political party in order to vote in that party's political primary. The notice must also inform the person that they may affiliate with a political party by using the State's online voter registration system. (5) The notice provided under paragraph (e)(1) of this section must provide information regarding participation in the Address Confidentiality Program pursuant to § 1303 of this title.  (6) The Department of Elections shall prescribe the form of the notice described in paragraph (e)(1) of this section. Such notice may be combined with the notice provided to newly registered voters required under § 2014(c) of this title.  (f) (1) If a person returns the notice provided under paragraph (e)(1) of this section and declines to be registered, the person's registration is cancelled, and the person is deemed to have never registered. If the person has voted in an election after the transfer of the person's record but before the notice is returned, the returned form is of no effect and the person is registered as of the date of the person's application with the Division of Motor Vehicles. (2) If a person returns the notice provided under paragraph (e)(1) of this section and affiliates with a party, the person is registered as of the date of the person's application with the Division of Motor Vehicles, and the person's affiliation shall be marked effective as of the date the affiliation information is received. (3) If a person returns the notice provided under paragraph (e)(1) of this section without marking the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered as of the date of the person's application with the Division of Motor Vehicles. (4) If a notice provided under paragraph (e)(1) of this section is returned as undeliverable, the Department of Elections must send the person an address verification request pursuant to § 2014(c) of this title.  (5) Information relating to the return of a notice form declining to be registered may not be used for any purpose other than election administration. (g) (1) The Division of Motor Vehicles shall provide notice of a change of name or address to the Department of Elections for an individual who meets all of the following requirements:  a. Is registered to vote in this state. b. Comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:  1. The issuance or replacement of a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. 2. The renewal of a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. 3. The change of an individual's legal name or residence address listed on a commercial driver's license under Chapter 26 of Title 21, a Level 1 Learner's Permit or Class D operator's license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21. c. Provides information indicating a different name or address from that on the individual's voter registration record.  (2) This information shall be transmitted electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.  (3) The Department of Elections must change the person's registration record to reflect the change of name or address, mark the registration record as “active,” and send to the person's address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. Such notice may be combined with the notice required under § 2014(c) of this title. (4) If the person returns the form described in paragraph (g)(3) of this section and indicates that the change to the registration records was in error, the Department of Elections must immediately correct the person's previously updated information in the statewide voter registration database. (h) (1) Each state agency that provides voter registration services pursuant to § 2050(b) of this title shall annually provide to the Department of Elections a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.  (2) At the earliest practicable time, the State Election Commissioner or the Commissioner's designee shall assess which voter registration agencies collect sufficient information from applicants to verify eligibility for voter registration purposes or update information for an existing registration.  (3) If, after conducting the assessment required by paragraph (h)(2) of this section, the State Election Commissioner or the Commissioner's designee determines that a state agency collects the necessary information to confirm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections. (4) The agency shall provide electronic records to the Department of Elections, and the Department of Elections shall process electronic records received from the agency substantially in accordance with the procedures set out in this section for the Division of Motor Vehicles, subject to any modifications necessary to comply with federal law. (i) The Department of Elections, officials from the Division of Motor Vehicles, and officials from any other agencies designated under paragraph (h)(3) of this section shall work jointly to provide registration and materials educating the public about the procedures established in this section. (j) The Department of Elections shall establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the Department of Elections and the Division of Motor Vehicles or any other agency designated pursuant to paragraph (h)(3) of this section. No agency may begin to exchange or transfer data under this section unless that agency adheres to the technological security requirements established by the Department of Elections under this subsection. (k) The Department of Elections, in consultation with the Division of Motor Vehicles and any other agencies designated pursuant to paragraph (h)(3) of this section, shall audit the system established by this section for quality of data prior to implementation. Following implementation, the Department of Elections shall conduct regular audits and random checks of the system to ensure accuracy and reliability. (l) (1) The Department of Elections shall produce an annual public report to the Governor and General Assembly that includes all of the following:  a. The number of records transferred to the Department of Elections under this section, categorized by the source agency. b. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency. c. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and the type of information update. d. The number of individuals who declined voter registration. e. Information on the implementation of audits, security, and privacy protocols. f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency. (2) For items in paragraphs (l)(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included. (3) The report may not include any personal identifying information.  (m) (1) Unless a person who is ineligible to register to vote intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person's electronic record to the Department of Elections under this section does not constitute the completion of a voter registration form by that person, and that person may not be considered to have registered to vote or made a false claim to United States citizenship. If such a registration is processed by the Department of Elections, it is presumed to have been officially authorized by the state, and the person is not subject to any penalty under this code. (2) If an individual who is ineligible to vote becomes registered to vote under this section, that individual is not guilty of wrongful registration under § 2302 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register. (3) If an individual who is ineligible to vote becomes registered to vote under this subchapter and votes or attempts to vote in an election held after the effective date of the individual's registration, that individual is presumed to have a defense under § 5104 of this title and is not guilty of fraudulent voting under § 5128 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register. (n) The Division of Motor Vehicles and the Department of Elections may promulgate regulations to implement and enforce the provisions of this section.  83 Del. Laws, c. 71, § 2;