Can you vote with a felony in Delaware?

How the right comes back

Depends on the conviction

For felonies that are not permanently disqualifying, the disqualification is removed on a pardon or when the sentence expires, whichever comes first, and the sentence includes all periods of probation, parole and suspension (Del. Const. art. V, § 2(b)); by statute a sentence has not expired until the person has served all imprisonment, parole, work release, early release, supervised custody, probation and community supervision (15 Del. C. § 6102). The person then applies to register; the Department of Elections says a person who has completed the sentence for a non-disqualifying felony must register again even if registered before the conviction. The county office checks the Criminal Justice Information System, and if eligibility is unclear the State Election Commissioner asks the Department of Correction to review its records before approving or denying the application (15 Del. C. §§ 6103-6104). Fees for these record searches are waived (§ 6105), and a denial can be appealed to the Superior Court (§ 6107). For the permanently disqualifying felonies, the Department of Elections' registration FAQ lists the bar as applying to people who 'have not been pardoned'.^1,3,4,5

When the right doesn't come back on its own

• murder or manslaughter (except vehicular homicide)
• any felony offense against public administration involving bribery, improper influence or abuse of office, or a like offense in another state, the federal system or DC
• any felony sexual offense, or a like offense in another state, the federal system or DC

Article V, § 2(b) of the Delaware Constitution says its provision removing the disqualification on a pardon or when the sentence expires 'shall not apply' to these convictions; 15 Del. C. § 6102(a)(1) calls them felonies that 'permanently' disqualify, and § 6103(b) says registration applications from people with a disqualifying felony are denied. The Department of Elections' registration FAQ says people may not register if they 'were convicted of a disqualifying felony and have not been pardoned,' which indicates that a pardon lifts the bar; the Constitution and statute do not themselves describe that route.^1,3,4,5

Fines, fees and restitution

Not required

The Department of Elections says payment of any fees, fines, costs or restitution 'is NOT considered in determining discharge of sentence for purposes of eligibility to register to vote.'^4,5

Registering again

Yes

Once the right is back, Delaware requires a new voter registration before voting.^3,5

Misdemeanors and jail

Most misdemeanors do not affect voting. The exception is an election offense under Article V, § 7 of the Delaware Constitution (giving or taking money or anything of value for a vote, bribing or pressuring election or registration officers, an election officer's knowing and willful breach of duty, or using force or intimidation to stop someone from registering or voting). The Constitution calls these misdemeanors and bars the person from voting for 10 years after the sentence; betting on an election is excluded from the voting bar. 15 Del. C. § 1701(a) repeats that such a person is not a qualified voter for 10 years after conviction and sentence.^1,2

The disqualification applies to people convicted of a felony; the official pages opened do not separately address people held before trial.³

Convictions from another state or federal court

The permanently disqualifying bribery/abuse-of-office and sexual-offense categories include like offenses under the laws of any state, the United States or the District of Columbia (Del. Const. art. V, § 2(b)). The official pages opened do not otherwise say how out-of-state or federal felony convictions are treated.¹

What's changed

March 25, 2025: A technical-corrections amendment to the Delaware Constitution (first leg: House Bill 430 of the 152nd General Assembly, 84 Del. Laws c. 281; second leg: House Bill 10 of the 153rd General Assembly, 85 Del. Laws c. 5, approved March 25, 2025) is the latest change listed under Article V, §§ 2 and 7. Its synopsis describes gender-silent wording and other technical corrections; the felony rules in § 2 read the same as the Department of Elections' list. The last substantive changes to the felony rules (such as the removal of a payment requirement) were not dated on an official page.⁶

The law

• Del. Const. art. V, § 2
• Del. Const. art. V, § 7
• 15 Del. C. § 1701(a)
• 15 Del. C. §§ 6101-6107 (Registration of Former Felons)

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