Provisional Ballots
Under HAVA, if your name does not appear on the voter rolls, you must be provided with a provisional ballot. This provisional ballot requirement only applies to elections for federal offices (President, U.S. Congress, etc.). Provisional ballots only count if election officials are able to establish your voting eligibility. Provision ballots are available for federal offices only; there are no provisional ballots for state offices.
Filing an Administrative Complaint
If you experience a problem with voting you can file a formal complaint by submitting a complaint to the Commissioner of Elections or any of the county Department of Elections offices:
OFFICE OF THE STATE ELECTION COMMISSIONER
905 S. Governors Ave, Suite 170
Dover DE 19904
The Department of Elections for New Castle County
Carvel State Office Building, 4th Floor
820 North French Street
Wilmington, DE 19801
The Department of Elections for Kent County
100 Enterprise Place
Suite 5
Dover DE 19904
The Department of Elections for Sussex County
119 N. Race Street
P.O. Box 457
Georgetown DE 19947
Your complaint must be:
- In writing
- Sworn and signed; and
- Notarized.
You may request a hearing in your complaint, otherwise your complaint will be investigated without you needing to be present.
The Election Commissioner will appoint someone(s) to examine your complaint and gather information needed to see if there was a violation of voting laws or regulations. If the investigator finds that a violation occurred, the investigator will report this and recommend a way to fix the problem to the Commissioner. The Commissioner can accept the proposed solution, reject it, or modify it. If the investigator finds no violation then your complaint will be dismissed. The Commissioner will make a final decision on your complaint within 90 days of receiving the complaint. If this deadline is not met then the Commissioner must ensure that the complaint is resolved within 60 days using alternative dispute resolution procedures (such as mediation or arbitration). If this happens, you will have access to all existing materials.
All investigations and resolutions will be published (meaning you and other members of the public can access them).
You can learn more about the complaint procedure by:
- Visiting http://elections.delaware.gov/voter/complaints.shtml; or
- Downloading the Office of the State Election Commissioner’s brochure on filing administrative complaints: http://elections.delaware.gov/voter/pdfs/admin_comp.pdf.
Where to get legal help if you are denied the right to vote
In Delaware, if you are a person with a disability, call the Disabilities Law Program at (302) 575-0660. Outside of Delaware, or if you are not a person with a disability, call Election Protection at 1-866-OUR-VOTE (1-866-687-8683).