Delaware Code

15 Del. C. § 1701 (2026)

Qualifications for registration as qualified voter

✓ current as of May 2026
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(a) Every applicant for registration shall be a qualified voter in a general or primary election if such applicant is a citizen of this State of the age of 18 years and upwards, or who will be 18 years old on or before the day of the general election next succeeding the applicant’s registration, and is a bona fide resident of this State. An applicant shall be a qualified voter in a special election if such applicant is a citizen of this State of the age of 18 years and upwards on the date of the special election. No person in the military, naval or marine service of the United States shall become a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State; and no person adjudged mentally incompetent, person who is ineligible to vote under Chapter 61 of this title, or person rendered incapable of voting by reason of violating § 7 of Article V of the Constitution of this State for 10 years next following that person’s conviction and sentence thereunder, shall be a qualified voter. For purposes of this chapter, the term “adjudged mentally incompetent” refers to a specific finding in a judicial guardianship or equivalent proceeding, based on clear and convincing evidence that the individual has a severe cognitive impairment which precludes exercise of basic voting judgment.

(b) The Department shall permit registration of any citizen and bona fide resident of this State 16 years of age or older through the Division of Motor Vehicles as set forth in §§ 2050(a) and 2050A of this title, provided that such applicant shall not be a qualified voter unless qualified under subsection (a) of this section.

19 Del. Laws, c. 38, §  821 Del. Laws, c. 36, §  422 Del. Laws, c. 64, §§  1, 224 Del. Laws, c. 66;  Code 1915, §  1627;  37 Del. Laws, c. 117, §  640 Del. Laws, c. 140, §  5;  Code 1935, §  1714;  44 Del. Laws, c. 105, §  1;  15 Del. C. 1953, §  1701;  52 Del. Laws, c. 197, §  158 Del. Laws, c. 502, §  170 Del. Laws, c. 186, §  173 Del. Laws, c. 34, §§  2, 577 Del. Laws, c. 473, §  182 Del. Laws, c. 141, § 982 Del. Laws, c. 192, § 183 Del. Laws, c. 71, § 4
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1972–2023 · leading case: Kelley v. Mayor & Council of City of Dover, 300 A.2d 31 (Del. Ch. 1972).
Kelley v. Mayor & Council of City of Dover, 300 A.2d 31 (Del. Ch. 1972). · cites it 2× “” 15 Del.C. § 1701 sets out the qualifications for registration as a qualified voter: “Every applicant for registration shall be held and considered to be a qualified voter if he Tie a citizen of this State of the age of eighteen years and upwards, or who will be the age of…”
Reylek v. Albence (Del. Super. Ct. 2023). · cites it 2× “Reylek asserts that, pursuant to 15 Del. C. §1701, she is a qualified voter.”
Reylek v. Albence (Del. Super. Ct. 2023). · cites it 2× “Reylek asserts that, pursuant to 15 Del. C. §1701, she is a qualified voter.”
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