AN ACT TO AMEND TITLES 15 AND 21 OF THE DELAWARE CODE RELATING TO PHOTOGRAPHIC IDENTIFICATION IN DELAWARE ELECTIONS AND OBTAINING NONDRIVER IDENTIFICATION CARDS.

Plain English Breakdown

The bill status shows a failed motion to release in January 2026, but also states it passed both chambers and reached final enrollment; this creates uncertainty about whether the law is currently active or if further executive action is needed.

Delaware Voter Photo ID Requirements and Free Identification Cards

This bill requires voters in Delaware elections to show a specific photo ID or sign an affidavit, makes the first nondriver identification card free for applicants, reduces renewal fees, and mandates county election offices hold assistance programs.

What This Bill Does

• Requires voters to present a driver's license, nondriver ID issued by the Division of Motor Vehicles, U.S. passport, or military ID before voting.
• Allows voters without an ID at that moment to sign an affidavit confirming they are the person listed on election records instead of being turned away immediately.
• Makes the first nondriver identification card issued by the Division free for applicants.
• Sets the fee for renewing a nondriver identification card after it expires at $20.00, down from the previous $40.00.
• Requires county election offices to hold at least two programs in each county at locations reasonably convenient and accessible to citizens.

Who It Names or Affects

• Voters who cast ballots in Delaware elections
• Residents applying for a nondriver identification card from the Division of Motor Vehicles

Terms To Know

Nondriver Identification Card

An official photo ID issued by the state's Division of Motor Vehicles.

Affidavit of Affirmation

A written statement where a voter signs to confirm they are the person listed on election records if they cannot show an ID card.

Limits and Unknowns

• The official text does not specify exact dates when these new rules will begin.
• The source mentions programs must be at 'reasonably convenient' locations but does not define what that means exactly.
• It is unclear if the free ID card applies to people who already have an expired card or only those never issued one before.

Official Summary Text

AN ACT TO AMEND TITLES 15 AND 21 OF THE DELAWARE CODE RELATING TO PHOTOGRAPHIC IDENTIFICATION IN DELAWARE ELECTIONS AND OBTAINING NONDRIVER IDENTIFICATION CARDS.
To protect the integrity of our elections, this Act provides that in order to vote, a voter, prior to being permitted to vote, must be able to present a photographic identification, specifically a Driver’s License or a Nondriver Identification Card issued by the Division of Motor Vehicles, or a United States Passport or a military identification card. In order to make obtaining an identification card easier on the general public, the first nondriver identification card issued by the Division shall be free, as opposed to the current fee of $40.00. Subsequent cards, upon expiration, will be issued for a reduced fee of $20.00. Department of Elections for each county will now be required to conduct at lest 2 countywide programs at locations reasonably convenient and accessible to the citizens.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Shupe & Sen. Hocker

Rep. Yearick; Sen. Richardson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 112

AN ACT TO AMEND TITLES 15 AND 21 OF THE DELAWARE CODE RELATING TO PHOTOGRAPHIC IDENTIFICATION IN DELAWARE ELECTIONS AND OBTAINING NONDRIVER IDENTIFICATION CARDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4937, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4937. Voting procedure.

(a) A voter, upon entering the room where an election is being held, shall announce that voter’s own name and address and provide

proof of identity

photographic identification, specifically, a driver’s license. a Nondriver Identification Card issued by the Division of Motor Vehicles, a United States Passport, or an official military identification card

, whereupon the clerks shall place a mark or make a notation of his or her name upon the election district record.

In the event the voter does not have proof of identity with them, the voter shall sign an affidavit of affirmation that the voter is the person listed on the election district record.

Section 2. Amend § 3103, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3103. Issuance fee; renewal; qualifications.

(a) Upon receipt of the application

and a fee of $40

, the Division shall issue an identification card which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birthdate be February 29, and in which event the identification card will expire on February 28 every eighth year. A permanent resident foreign national may be issued a full 8-year identification card. However, an identification card issued to a temporary foreign national must be limited to the period of time that the temporary foreign national is authorized to be in the United States.

The first identification card shall be issued to the applicant free of charge. Subsequent identification cards issued after the expiration of the initial card shall be issued for a fee of $20.00.

SYNOPSIS

To protect the integrity of our elections, this Act provides that in order to vote, a voter, prior to being permitted to vote, must be able to present a photographic identification, specifically a Driver’s License or a Nondriver Identification Card issued by the Division of Motor Vehicles, or a United States Passport or a military identification card. In order to make obtaining an identification card easier on the general public, the first nondriver identification card issued by the Division shall be free, as opposed to the current fee of $40.00. Subsequent cards, upon expiration, will be issued for a reduced fee of $20.00. Department of Elections for each county will now be required to conduct at lest 2 countywide programs at locations reasonably convenient and accessible to the citizens.