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HB317 • 2025

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO AUTOMATIC VOTER REGISTRATION VERIFICATION AND ONGOING ELIGIBILITY REVIEW.

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO AUTOMATIC VOTER REGISTRATION VERIFICATION AND ONGOING ELIGIBILITY REVIEW.

Crime Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Shupe
Last action
2026-06-12
Official status
Lieu/Substituted 5/19/26
Effective date
Not listed

Plain English Breakdown

The effective date is not listed in the provided text, so specific timelines for reporting cannot be calculated yet.

Delaware Automatic Voter Registration Audit and Verification

This law requires state officials to check past and future automatic voter records to make sure people meet rules for citizenship, age, residency, felony status, and accurate information.

What This Bill Does

  • Requires a full review of all automatic voter registrations made from January 1, 2021, until the law takes effect.
  • Mandates that officials verify eligibility before marking any new automatic registration as active.
  • Allows the use of state and federal databases to check citizenship, residency, age, felony status, and identifying information.
  • Requires notifying people if their record is wrong so they can fix it or confirm details before removal.
  • Orders a report within 12 months after the law takes effect on how many records were checked, fixed, removed, or updated.

Who It Names or Affects

  • The Delaware Department of Elections
  • The Division of Motor Vehicles and other state agencies handling automatic registration
  • People who registered to vote through the automatic system since January 1, 2021

Terms To Know

Automatic Voter Registration
A process where people are added to voter lists when they interact with state agencies like the DMV.
Eligibility Verification
The act of checking if a person meets all legal rules needed to vote, such as being a citizen or living in Delaware.

Limits and Unknowns

  • The law does not state when it will officially take effect.
  • Verification must follow federal laws like the National Voter Registration Act, which may limit how records are handled.
  • The text lists possible databases for checks but notes they can only be used if available.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Shupe

PWB 5/13/26

Plain English: This amendment requires the Delaware Division of Motor Vehicles to check voter registration details for people who have non-compliant IDs and got their licenses before REAL ID started but after automatic voting rules began.

  • The Division of Motor Vehicles must review a specific group of voters in addition to its current checks.
  • This new review targets individuals with driver's licenses or ID cards that do not meet federal standards.
  • It applies only to people who received their license before June 1, 2010, but got it after automatic voter registration started on June 21, 2023.
  • The text does not explain what happens if a person fails this new review.
  • It is unclear how the Division of Motor Vehicles will identify or contact these specific individuals to perform the check.

Bill History

  1. 2026-06-12 Delaware General Assembly

    Substituted in House by HS 2 for HB 317

  2. 2026-05-19 Delaware General Assembly

    Substituted in House by HS 1 for HB 317

  3. 2026-05-14 Delaware General Assembly

    Assigned to Appropriations Committee in House

  4. 2026-05-13 Delaware General Assembly

    Amendment HA 1 to HB 317 - Introduced and Placed With Bill

  5. 2026-05-13 Delaware General Assembly

    Reported Out of Committee (Elections & Government Affairs) in House with 6 On Its Merits

  6. 2026-03-17 Delaware General Assembly

    Introduced and Assigned to Elections & Government Affairs Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO AUTOMATIC VOTER REGISTRATION VERIFICATION AND ONGOING ELIGIBILITY REVIEW.
This Act requires the Department of Elections, in coordination with the Division of Motor Vehicles and any other state agency that administers automatic voter registration, to conduct a comprehensive audit of all voter registrations created through Delaware's automatic voter registration system since 2021 to ensure that individuals meet eligibility requirements including citizenship, residency, and age. The Act also requires mandatory eligibility verification for all future automatic voter registrations on an ongoing basis and establishes reporting requirements to ensure transparency and accountability.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Shupe & Sen. Buckson

Reps. Hilovsky, Morris, Yearick; Sen. Richardson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 317

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO AUTOMATIC VOTER REGISTRATION VERIFICATION AND ONGOING ELIGIBILITY REVIEW.

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

Section 1. Amend Chapter 20, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2050B. Automatic Voter Registration Eligibility Verification and Audit

(a) Purpose and Intent.

The purpose and intent of this section is to ensure integrity, accuracy, and lawful administration of voter registration records generated through the automatic voter registration system established under this title.

(b) Retroactive Audit Required.

The Department of Elections, in coordination with the Division of Motor Vehicles, and any other state agency that administers automatic voter registration, shall conduct a comprehensive review of all voter registrations created through automatic voter registration processes from January 1, 2021, through the effective date of this Act.

(c) Mandatory Eligibility Verification.

For each voter registration reviewed under subsection (b) of this section, the Department of Elections shall verify, to the extent permitted by law, that the individual meets the eligibility requirements under this title, including:

(1) United States citizenship;

(2) Delaware residency;

(3) Age eligibility;

(4) Non-disqualification due to felony conviction status;

(5) Accuracy of identifying information transmitted from the Division of Motor Vehicles.

(d) Ongoing Verification for New Registrations Required.

(1) The Department of Elections, in coordination with the Division of Motor Vehicles, shall establish procedures to verify eligibility criteria described in subsection (c) of this section for all future voter registrations generated through automatic voter registration at the time the registration is created or as soon as practicable thereafter.

(2) No automatic voter registration record may be designated as active until eligibility verification procedures required under this subsection have been completed, except as required to comply with federal law.

(3) Eligibility verification under this subsection shall occur on a continuous and ongoing basis for all new records transmitted through automatic voter registration systems.

(e) Date Matching and Verification Methods.

The Department of Elections may utilize available state and federal databases for verification purposes, including but not limited to:

(1) Division of Motor Vehicles’ records;

(2) Social Security Administration verification systems;

(3) Department of Homeland Security lawful presence verification systems;

(4) State residency databases;

(5) Interstate voter registration cross-check systems;

(6) Any other federal or state presence verification systems available to the Department of Elections.

(f) Correction of Records.

If the Department of Elections determines that a voter registration created through automatic voter registration does not meet eligibility requirements:

(1) The Department shall initiate procedures under existing law to correct or remove the registration.

(2) The individual shall be notified and provided an opportunity to confirm or update eligibility information before removal, consistent with federal law including the National Voter Registration Act.

(g) Reporting Requirements.

The Department of Elections shall submit a report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director of the Division of Legislative Services no later than 12 months after the effective date of this Act containing:

(1) The total number of registrations reviewed;

(2) The number of records requiring correction;

(3) The number of registrations removed;

(4) The number of registrations updated;

(5) Identified system weaknesses or recommendations;

(6) Any evidence of improper registration;

(7) Where there is any evidence of improper registration, a description of what corrective action has or will be taken.

The report shall be a public document.

(h) Ongoing Compliance Reports.

Beginning 1 year after completion of the audit required under subsection (b), and annually thereafter, the Department of Elections shall submit a report summarizing:

(1) The number of automatic voter registrations processed;

(2) The number verified through eligibility checks;

(3) Any discrepancies identified;

(4) Correction actions taken.

(i) Regulations.

The Department of Elections may promulgate regulations necessary to implement this section.

SYNOPSIS

This Act requires the Department of Elections, in coordination with the Division of Motor Vehicles and any other state agency that administers automatic voter registration, to conduct a comprehensive audit of all voter registrations created through Delaware's automatic voter registration system since 2021 to ensure that individuals meet eligibility requirements including citizenship, residency, and age. The Act also requires mandatory eligibility verification for all future automatic voter registrations on an ongoing basis and establishes reporting requirements to ensure transparency and accountability.