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HS1FORHB317 • 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 Energy
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
House Appropriations 5/19/26
Effective date
Not listed

Plain English Breakdown

The bill does not specify what actions will be taken if a voter registration is found to be incorrect.

Automatic Voter Registration Verification and Ongoing Eligibility Review

This bill requires the Delaware Division of Motor Vehicles to review certain voter registrations for accuracy and eligibility, and mandates a report on these findings within one year.

What This Bill Does

  • Requires the Division of Motor Vehicles (DMV) to check voter registration records that have non-federally compliant IDs or were obtained after June 21, 2023.
  • Ensures ongoing verification for new voter registrations to confirm eligibility criteria such as citizenship and residency.
  • Allows the Department of Elections to use state and federal databases to verify voter information accurately.

Who It Names or Affects

  • Voters with non-federally compliant IDs or those who obtained their ID after June 21, 2023.
  • The Division of Motor Vehicles and the Department of Elections in Delaware.

Terms To Know

Automatic Voter Registration
A system where eligible voters are automatically registered to vote when they interact with certain government agencies, such as getting a driver's license.
REAL ID
A federal standard for state-issued driver’s licenses and identification cards that is required for access to federal facilities, nuclear power plants, and boarding commercial aircraft.

Limits and Unknowns

  • The bill does not specify what happens if a voter registration is found to be incorrect.
  • It's unclear how many registrations will need review or the extent of any issues that might be identified.
  • The effectiveness of ongoing verification procedures for new registrations remains to be seen.

Bill History

  1. 2026-05-19 Delaware General Assembly

    Adopted in lieu of the original bill HB 317, and Assigned to Appropriations 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 Substitute Bill requires the Division of Motor Vehicles, which is the only state agency that administers automatic voter registration, to conduct an audit of certain voter registrations that: (1) have a non-federally compliant driver's license or identification, (2) their documents predate the implementation of REAL ID, and (3) obtained a driver's license or identification card after Automatic Voter Registration took effect June 21, 2023.
The Department of Elections, in coordination with the Division of Motor Vehicles, is to report the audit's findings within 1 year of completing the audit.

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 SUBSTITUTE NO. 1

FOR

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) The Division of Motor Vehicles, as the agency currently the Automatic Voter Registration under § 2050A of this Title must review its records relating to each individual registration that meets the following criteria:

(1) Any individual who has a non-federally compliant credential (a driver’s license or identification card); and

(2) Received a driver’s license or identification card prior to REAL ID taking effect June 1, 2010; and

(3) Obtained a driver’s license or identification card after Automatic Voter Registration took effect on June 21, 2023.

(c) Mandatory Eligibility Verification.

For each voter registration reviewed under subsection (b) of this section, the Division of Motor Vehicles must verify that the individual registrant 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 by the Division of Motor Vehicles to the Department of Elections.

(d) Ongoing Verification for New Registrations Required.

(1) The Division of Motor Vehicles must 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 registered voter must 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, in coordination with the Division of Motor Vehicles, must submit a report to the Governor, the President Pro Tempore and Secretary of the Senate for distribution to all Senators, the Speaker and Chief Clerk of the House of Representatives for distribution to all Representatives, and the Director and Librarian 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) Compliance Report.

One year after completion of the audit required under subsection (b), the Department of Elections, in coordination with the Division of Motor vehicles, shall submit a report to the Governor, the President Pro Tempore and Secretary of the Senate for distribution to all Senators, the Speaker and Chief Clerk of the House of Representatives for distribution to all Representatives, and the Director and Librarian of the Division of Legislative Services summarizing:

(1) The number of automatic voter registrations processed since the enactment of this act;

(2) The number of automatic voter registrations verified through eligibility checks;

(3) Any discrepancies identified;

(4) Corrective actions taken or remaining to be taken relating to any automatic voter registration.

SYNOPSIS

This Substitute Bill requires the Division of Motor Vehicles, which is the only state agency that administers automatic voter registration, to conduct an audit of certain voter registrations that: (1) have a non-federally compliant driver's license or identification, (2) their documents predate the implementation of REAL ID, and (3) obtained a driver's license or identification card after Automatic Voter Registration took effect June 21, 2023.

The Department of Elections, in coordination with the Division of Motor Vehicles, is to report the audit's findings within 1 year of completing the audit.