Delaware law bars voting discrimination and requires language help

The law bars election practices that meet its tests for voter suppression or vote dilution. The rules cover political subdivisions, state agencies, and their officials for suppression, and political subdivisions’ election methods for vote dilution. Protected classes include racial, color, and language minority groups. Suppression requires a material disparity or impaired equal participation caused, likely caused, or partly intended by a practice. A government may avoid a suppression finding by clearly proving the practice serves an important, specific public interest and no alternative would cause a smaller disparity. Vote dilution requires impaired opportunity to nominate or elect preferred candidates and another lawful election method likely to reduce that harm. Proof of discriminatory intent is not required. These rules take effect July 1, 2027.

The Department of Elections must identify languages that local election offices need to support. The requirement applies to local election offices the Department designates and voters there who have limited English proficiency in a designated language. A need exists if more than 2% of voting-age citizens, with at least 100 people, speak the same non-English language and have limited English proficiency, or if more than 1,000 such citizens do. The Department may also designate a language after reviewing a request, even if those thresholds are not met. Covered offices must provide capable help and related election materials in each designated language. Translations must match the quality and meaning of English materials and cannot rely only on automatic translation. These rules take effect July 1, 2027. The Department must publish its list of covered offices each January 1; designations take effect when published.

A person may not intimidate, deceive, or obstruct an elector in a way that interferes with voting. This rule applies to any person, whether acting for the government or not, and protects every elector’s right to vote. Examples include threats or force, reckless use of deceptive election messages, and blocking access to a polling place or election office. A court may order a remedy, including extra time to cast a ballot that can count in the election at issue. A violator may owe fees and damages; punitive damages are available for intentional violations. These rules take effect July 1, 2027.