{"data":{"id":"us-de/15-del.-c.-8102","jurisdiction":"us-de","citation":"15 Del. C. § 8102","heading":"Prohibited voter suppression [Effective July 1, 2027].","body":"(a) A political subdivision, a state agency, or an official of a political subdivision or a state agency may not engage in voter suppression as set forth in this section.\n(b) Prohibited voter suppression is the implementation, imposing, or enforcing of any election policy or practice that results in, is likely to result in, or is motivated in whole or in part by the intent to result in either of the following:\n(1) A material disparity affecting protected class members in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process, as a result of the policy or practice.\n(2) Based on the totality of circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process.\n(c) A violation of subsection (a) of this section must be attributable to an action of a political subdivision or the Department of Elections. A violation of subsection (a) of this section may include, but is not limited to, any of the following:\n(1) Discriminatory designation and substitution of polling places and early voting locations, and the discriminatory assignment of voting machines therein.\n(2) Discriminatory establishment, division, or combination of election districts and the discriminatory furnishing of necessary materials, voter information, and supplies therein.\n(3) Discriminatory distribution of public notices pertaining to elections.\n(4) Discriminatory instruction provided to election officers as well as any discriminatory discretionary use of authority by an election officer.\n(5) Discriminatory handling of administrative complaints pertaining to elections.\n(d) Prohibited voter suppression cannot be found under subsection (b) of this section if the political subdivision or the Department of Elections demonstrates by clear and convincing evidence that both of the following apply:\n(1) The election policy or practice is necessary to significantly further an important and particularized governmental interest.\n(2) There is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate.\n(e) Prohibited voter suppression may be established through direct or circumstantial evidence of intentional discrimination; however, evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is never required under this section.","path":["Title 15. Elections","Voting Rights [Effective July 1, 2027].","CHAPTER 81. Voting Rights Act [Effective July 1, 2027].","Subchapter I. Prohibition on Discrimination in Voting [Effective July 1, 2027]."],"source_url":"https://delcode.delaware.gov/title15/c081/sc01/index.html#8102","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:20Z","sha256":"213fe081e7d1ca30eec2f75db0c3043f8067189b9e077be6c2363d377af7b147","source_id":"us-de","stale":true,"prev":"us-de/15-del.-c.-8101","next":"us-de/15-del.-c.-8103"},"notice":"GroundRules: Original legal text. Not legal advice."}