The Short Answer: A Firm Deadline
No, Delaware does not count ballots that arrive after Election Day. For a vote-by-mail or absentee ballot to be counted, it must be received by the county Department of Elections office by 8 p.m. on Election Day. Unlike some states that accept ballots postmarked by Election Day but received later, Delaware law is explicit: receipt is what matters, not the postmark. Any ballots arriving after the polls close are set aside and not opened or tallied.
Absentee Voting vs. No-Excuse Mail-In Voting
It's important to understand the distinction between traditional absentee voting and the 'no-excuse' mail-in voting that became widespread elsewhere in 2020. Delaware's Constitution requires a voter to provide a valid reason to vote absentee. Qualifying reasons include being sick or physically disabled,
being absent from the state for work, vacation, or military service, or having religious obligations that prevent in-person voting. In October 2022, the Delaware Supreme Court struck down a new law that would have allowed no-excuse mail-in voting for all, ruling it unconstitutional. As a result, Delaware remains an 'excuse-required' state for absentee voting.
The 'Permanent Absentee' Status
For some residents, Delaware offers a 'permanent absentee' status. This is not for everyone; it is specifically for voters who have a long-term reason for being unable to vote in person, such as a permanent illness or disability, or for those in the military or residing overseas. This status was challenged in court but ultimately upheld by the Delaware Supreme Court in September 2026. Voters with this status automatically receive a ballot for each election, but the same strict deadline applies: their completed ballot must still be received by 8 p.m. on Election Day.
Why the Strict Deadline?
The rationale behind a firm receipt deadline is to ensure a timely and orderly finalization of election results. While postmark rules are designed to accommodate postal delays and give voters more flexibility, they also extend the period of uncertainty as officials wait for every last potential ballot to arrive. By requiring all ballots to be in-hand when the polls close, the state can proceed with a complete count more quickly. This approach prioritizes speed and certainty in reporting results over flexibility for the voter. Ballots received after the deadline are retained, unopened, for a period in case of legal challenges but are not part of the official count.
What This Means for Voters
For Delaware voters choosing to vote absentee, the message is clear: do not wait. To ensure your vote is counted, you must act early. The Department of Elections recommends mailing your ballot back at least one week before Election Day to account for any potential mail service delays. Alternatively, voters can return their ballot in person to their county elections office or use an official ballot drop-box, as long as it gets there before the 8 p.m. deadline. The state provides an online portal where voters can track the status of their ballot to confirm it has been received.
