Can Felons Vote in Delaware?
It depends on your conviction. For most felonies, you can vote in Delaware after completing your full sentence (including prison, probation, and parole) with no waiting period and no requirement to pay fines first. However, if you were convicted of murder, manslaughter, a sexual offense, or bribery/public corruption, you are permanently barred from voting unless you receive a gubernatorial pardon. Register at ivote.de.gov.
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Overview
Delaware restores voting rights for most felony convictions upon completion of the full sentence, including incarceration, probation, and parole. Since the 2013 Hazel D. Plant Voter Restoration Act, there is no waiting period for non-disqualifying felonies. However, Delaware permanently disenfranchises people convicted of certain 'disqualifying felonies': murder or manslaughter (except vehicular homicide), any felony sexual offense, and any felony involving bribery, improper influence, or abuse of public office. People convicted of election-related offenses are disenfranchised for 10 years after sentence completion. Only a gubernatorial pardon can restore voting rights for disqualifying felonies.
Quick Answer
It depends on your conviction. For most felonies, you can vote in Delaware after completing your full sentence (including prison, probation, and parole) with no waiting period and no requirement to pay fines first. However, if you were convicted of murder, manslaughter, a sexual offense, or bribery/public corruption, you are permanently barred from voting unless you receive a gubernatorial pardon. Register at ivote.de.gov.
Can vote
- ✓Convicted of a non-disqualifying felony and have completed the full sentence (incarceration, probation, and parole)
- ✓Convicted of a non-disqualifying felony with outstanding fines or fees (since SB 242 in 2016, financial obligations do not block registration)
- ✓Received a gubernatorial pardon for a disqualifying felony
- ✓Convicted of an election-related offense and 10 or more years have passed since sentence completion
- ✓Convicted of a misdemeanor (misdemeanors do not affect voting rights)
- ✓In jail awaiting trial (pretrial detention — not yet convicted)
- ✓Completed a sentence for vehicular homicide (this is not a disqualifying felony)
Cannot vote
- ✗Convicted of murder or manslaughter (except vehicular homicide) — permanent unless pardoned
- ✗Convicted of any felony sexual offense — permanent unless pardoned
- ✗Convicted of any felony involving bribery, improper influence, or abuse of public office — permanent unless pardoned
- ✗Convicted of an election-related offense within the last 10 years of sentence completion
- ✗Currently incarcerated for any felony conviction
- ✗Currently on probation or parole for any felony conviction
- ✗Have not yet completed the full sentence for a non-disqualifying felony
- ✗Not a U.S. citizen
- ✗Not a Delaware resident
- ✗Under 18 years of age
- ✗Found mentally incompetent to vote by a court
Step-by-Step Process
Determine if your felony is disqualifying
Check whether your conviction is on the list of disqualifying felonies: murder or manslaughter (except vehicular homicide), any felony sexual offense, or any felony involving bribery, improper influence, or abuse of public office. If your conviction is disqualifying, you must obtain a gubernatorial pardon before you can vote. Contact the Delaware Department of Elections at elections.delaware.gov or the Board of Pardons at pardons.delaware.gov.
Confirm you have completed your full sentence
For non-disqualifying felonies, you must have completed your entire sentence, including incarceration, probation, parole, and any community supervision. You do NOT need to have paid all fines and fees (since SB 242 in 2016). Contact your probation/parole officer or the Department of Correction to confirm your sentence completion date.
Register to vote
Register online at ivote.de.gov, by mail using Delaware's voter registration form, or in person at your county Department of Elections office. You will need your Delaware driver's license number or the last four digits of your Social Security number. The Department of Elections will verify your eligibility by checking for disqualifying convictions.
Meet the registration deadline
You must register to vote at least 24 days before an election. If you miss the deadline, you will need to wait until the next election. Delaware does not currently offer same-day voter registration.
Vote in person or by mail
Vote at your assigned polling place on Election Day or during the early voting period. Delaware now offers early voting at designated locations. You can also apply for an absentee ballot through the Department of Elections if you qualify (illness, disability, travel, etc.).
If you have a disqualifying felony: apply for a pardon
If your conviction is disqualifying, your only path to voting rights restoration is a gubernatorial pardon. Apply through the Delaware Board of Pardons at pardons.delaware.gov. The application process includes filing paperwork, notifying the sentencing judge and Attorney General, and attending a hearing. An unconditional pardon fully restores all civil rights, including voting.
Key Laws
| Law | Year | Description |
|---|---|---|
| Delaware Constitution, Article V, Section 2 | 1897 (amended multiple times) | Provides that no person convicted of a crime deemed a felony shall enjoy the right of an elector. Establishes the constitutional framework for felony disenfranchisement in Delaware, which the legislature has implemented through specific statutory categories of disqualifying and non-disqualifying felonies. |
| Hazel D. Plant Voter Restoration Act (2013 SB 5) | 2013 | A landmark constitutional amendment that automatically restored voting rights for people convicted of non-disqualifying felonies upon completion of their sentence. Eliminated the previous five-year waiting period after sentence completion. Named in honor of Hazel D. Plant, a civil rights leader and NAACP advocate. |
| SB 242 (2016) — Eliminating Financial Barriers | 2016 | Removed the requirement that people with felony convictions must pay all outstanding fines, fees, and restitution before registering to vote. Signed by Governor Jack Markell. This ensured that inability to pay financial obligations would not prevent eligible citizens from exercising their right to vote. |
| Delaware Code Title 15, Chapter 61 — Registration of Former Felons | Codified (amended 2013, 2016) | Establishes the process for voter registration of people with felony convictions. Defines disqualifying felonies (murder/manslaughter except vehicular homicide, felony sexual offenses, and bribery/public corruption felonies). Requires the Department of Elections to verify eligibility against criminal records. |
| Delaware Board of Pardons — Pardon Process | Ongoing (reformed 2024) | For people convicted of disqualifying felonies, the only path to voting rights restoration is a gubernatorial pardon through the Board of Pardons. An unconditional pardon fully restores all civil rights. In 2024, the Board of Pardons implemented reforms to simplify the application process and reduce wait times. |
Edge Cases
I was convicted of vehicular homicide. Is that a disqualifying felony?
No. Delaware law specifically excludes vehicular homicide from the disqualifying category of 'murder or manslaughter.' If you were convicted of vehicular homicide and have completed your sentence, you can register to vote without needing a pardon.
I was convicted of a felony sexual offense. Is there any way to restore my voting rights?
The only way to restore voting rights after a conviction for a felony sexual offense in Delaware is through a gubernatorial pardon. Apply through the Board of Pardons at pardons.delaware.gov. The process requires filing an application, notifying the sentencing judge and Attorney General, and attending a hearing before the Board.
I have unpaid fines and restitution from my felony case. Can I still vote?
Yes, if your felony is non-disqualifying and you have completed your incarceration, probation, and parole. Since SB 242 was signed in 2016, Delaware does not require payment of fines, fees, or restitution as a condition of voter registration.
I was convicted of a felony in another state but now live in Delaware. Can I vote?
It depends. Delaware's disqualifying felony categories apply to 'any like offense under the laws of any state or local jurisdiction, or of the United States.' If your out-of-state conviction would qualify as a disqualifying felony in Delaware (murder, sexual offense, or bribery/public corruption), you would be permanently disenfranchised in Delaware unless pardoned. For non-disqualifying felonies, you can vote after completing your sentence.
I was convicted of an election-related offense. When can I vote again?
People convicted of certain election-related offenses in Delaware are disenfranchised for 10 years following completion of their sentence. After the 10-year period, you can register to vote without needing a pardon.
Can I vote if I am on probation for a non-disqualifying felony?
No. Unlike some states that restore voting rights upon release from incarceration, Delaware requires completion of the entire sentence, including probation and parole, before you can register to vote — even for non-disqualifying felonies.
Frequently Asked Questions
- Can I vote in Delaware if I have a felony conviction?
- It depends on the type of felony. For most (non-disqualifying) felonies, you can vote after completing your entire sentence, including prison, probation, and parole. For disqualifying felonies (murder/manslaughter, sexual offenses, bribery/public corruption), you cannot vote unless you receive a gubernatorial pardon.
- What are the disqualifying felonies in Delaware?
- Delaware permanently disenfranchises people convicted of: (1) murder or manslaughter, except vehicular homicide; (2) any felony constituting a sexual offense; (3) any felony involving bribery, improper influence, or abuse of public office. Equivalent offenses under the laws of other states, the U.S., or the District of Columbia also count.
- How do I register to vote after completing my sentence in Delaware?
- Register online at ivote.de.gov, by mail using Delaware's voter registration form, or in person at your county Department of Elections office. You will need a Delaware driver's license number or the last four digits of your SSN. The Department of Elections will verify that you are not disqualified before completing your registration.
- Do I need to pay fines or restitution before I can vote?
- No. Since SB 242 was signed in 2016, Delaware does not require payment of fines, fees, or restitution as a condition of voter registration. You can register as soon as you have completed your incarceration, probation, and parole.
- What did the 2013 Hazel D. Plant Voter Restoration Act change?
- Before 2013, people with felony convictions in Delaware had to wait five years after completing their sentence before they could register to vote. The Hazel D. Plant Act eliminated the five-year waiting period, allowing automatic restoration upon sentence completion for non-disqualifying felonies.
- How do I apply for a pardon in Delaware?
- Apply through the Delaware Board of Pardons at pardons.delaware.gov. You must complete the application online, print and file three copies with the Secretary of the Board, and mail written notice to the sentencing judge, Attorney General, local police chief, and the Superintendent of the Delaware State Police at least 37 days before the hearing. The Board meets periodically to review applications.
- Can I vote by absentee ballot in Delaware with a felony record?
- Yes, if you are registered to vote and meet the qualifications for an absentee ballot (illness, disability, travel, military service, etc.). Delaware also now offers early voting at designated locations. There is no distinction between voters with and without felony records for these purposes.
- What if the Department of Elections denies my voter registration?
- If your registration is denied because the Department of Elections determines you were convicted of a disqualifying felony, you will be notified. You can appeal if you believe the determination is incorrect, or you can apply for a gubernatorial pardon through the Board of Pardons to restore your eligibility.
- Does Delaware automatically notify me when I can vote again?
- Delaware does not have a formal notification system that automatically tells you when your voting rights are restored. It is your responsibility to verify that you have completed your sentence and to register. Contact the Department of Elections at elections.delaware.gov or your county elections office if you are unsure about your status.
- Can I run for office in Delaware with a felony conviction?
- If your voting rights have been restored (either automatically through sentence completion for non-disqualifying felonies or through a gubernatorial pardon for disqualifying felonies), you are generally eligible to run for public office. Specific offices may have additional requirements.
Take Action — Direct Links
- Delaware Department of Elections — Felons
Official state page explaining voting rights for people with felony convictions, including the list of disqualifying felonies and the registration process.
- Register to Vote Online in Delaware (ivote.de.gov)
Delaware's official online voter registration portal. Register, check your status, or update your information.
- Delaware Board of Pardons
Official website for the Delaware Board of Pardons. Apply for a pardon to restore voting and other civil rights after a disqualifying felony conviction.
- Delaware Board of Pardons — Filing a Pardon Application
Step-by-step instructions for filing a pardon application, including required forms, notification procedures, and hearing information.
- Brennan Center for Justice — Voting Rights Restoration Efforts in Delaware
Overview of Delaware's voting rights restoration efforts, including the 2013 Hazel D. Plant Act and the 2016 SB 242.
- Campaign Legal Center — Restore Your Vote (Delaware)
Interactive tool that walks you through Delaware's specific voting rules and helps determine if you are eligible to register to vote after a felony conviction.
- ACLU of Delaware — Voter Information
Voter information resource from the Delaware Voters Rights Coalition and ACLU of Delaware, including guides for people with criminal records.
- Delaware Code Title 15, Chapter 61 — Registration of Former Felons
Full text of Delaware's law governing voter registration for people with felony convictions, including eligibility requirements and the disqualifying felony definitions.
Sources
- Delaware Department of Elections — Felons
- Delaware Constitution, Article V — Elections
- Delaware Code Title 15, Chapter 61 — Registration of Former Felons
- Brennan Center for Justice — Voting Rights Restoration Efforts in Delaware
- Governor Signs SB 242 — Expanding Access to the Ballot Box (2016)
- Delaware Board of Pardons
- US Vote Foundation — Delaware Voting Rights Restoration
- Ballotpedia — Voting in Delaware
- NCSL — Felon Voting Rights by State