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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.

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
2026-05-19
Official status
Lieu/Substituted 5/19/26
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information about costs or funding sources.

Automatic Voter Registration Verification Act

This act mandates a comprehensive audit of all Delaware voters registered through the state's automatic voter registration system since January 1, 2021, and requires ongoing eligibility verification for future registrations.

What This Bill Does

  • Requires a thorough check of all voter registrations made automatically from January 1, 2021, until now to ensure individuals meet eligibility requirements including citizenship, residency, and age.
  • Checks if new voter registrations meet requirements like being a U.S. citizen, living in Delaware, and being old enough to vote.
  • Needs the Department of Elections to keep checking eligibility for any new automatic voter registrations on an ongoing basis.
  • Requires reports about how many people are registered, who needs updates or removals, and what problems were found.

Who It Names or Affects

  • People who have been automatically registered as voters since January 1, 2021.
  • New voters who will be added to the voter rolls through automatic registration in the future.

Terms To Know

Automatic Voter Registration
A system that adds eligible citizens to the voter roll without them having to fill out a form, often when they interact with other government agencies like getting a driver's license.
Eligibility Verification
Checking if someone meets all the requirements needed to be allowed to vote in an election.

Limits and Unknowns

  • The bill does not specify what happens after the initial audit is completed.
  • It's unclear how much this will cost or where the funding will come from.
  • There are no details on how long it takes for new registrations to be verified before they can vote.

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 adds requirements for the Division of Motor Vehicles to review certain groups of voters with non-federally compliant IDs.

  • The Division of Motor Vehicles must now check individuals who have a driver’s license or ID card that is not federally compliant.
  • The review includes people who got their first license before REAL ID rules started on June 1, 2010.
  • It also covers those who received a new license after Automatic Voter Registration began on June 21, 2023.
  • The exact process and criteria for the review are not detailed in this amendment text.

Bill History

  1. 2026-05-19 Delaware General Assembly

    Substituted in House by HS 1 for HB 317

  2. 2026-05-14 Delaware General Assembly

    Assigned to Appropriations Committee in House

  3. 2026-05-13 Delaware General Assembly

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

  4. 2026-05-13 Delaware General Assembly

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

  5. 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.