De. Const. art. V, § 5 — Article V / Section 5
DE Const., Article V, Section 5
Status: in_force

Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest, during their attendance at elections, and in going to and returning from them. § 6. Voting machine recording tapes, voting machine certificate, and absentee ballots; delivery to Prothonotary; duties and composition of court; quorum. (a) The presiding election officer of each election district, following the close of the polls on the day of the general election, shall deliver all of the following to the Department of Elections: (1) The copy of each voting machine recording tape containing the signatures of the election officers present at the opening and closing of the polls from each voting machine assigned to the presiding election officer’s district. (2) One copy of the voting machine certificate, made and certified by law. ​ (3) Any other document or item required by law to be provided to the Department of Elections. (b) The Department of Elections shall deliver all of the following to the Prothonotary of the Superior Court: (1) The documents or items provided to the Department of Elections under subsection (a) of this section. (2) The absentee ballots. (3) Any other document or item required by law to be provided to the Prothonotary of the Superior Court. (c) At 10 o’clock a.m. on the second day after the election the Prothonotary of the Superior Court shall present the documents or items provided under subsection (b) of this section to the Superior Court for the appropriate county, and the Court shall, at the same time, convene for the performance of the duties imposed on the Court under this section. After convening, the Court, with the aid of the officers and sworn assistants as the Court shall appoint, shall publicly ascertain the state of the election throughout the county, by determining the aggregate number of votes in each office given in the election districts of the county and for every person who received votes for each office. (d) If a document or item required under subsection (a) or (b) of this section is not produced, or if there is a complaint, under oath, of fraud or mistake in a document or item, or if fraud or mistake is evident on the face of a document completed by the election officers, the Court may do any of the following: (1) Issue summary process against an election officer, or any other person, to bring the election officer, or person, forthwith into Court with the election papers in their possession or control. (2) Open the absentee ballot boxes and take there from any paper contained in the absentee ballot boxes. (3) Recount the absentee ballots. (4) Correct any fraud or mistake on the voting machine recording tapes or on any document completed by the election officers relating to the election. (e) The Court has all the other jurisdiction and powers now vested by law in the boards of canvass, and such other powers as provided by law. (f) After the state of the election is ascertained under this section, the the Court shall make certificates of the election, under the seal of the Court in the form required by law, and transmit, deliver, and lodge the certificates of the election as required by this Constitution or by law, and deliver the ballot boxes to the sheriff of the county, to be kept and delivered by the sheriff as required by law. (g) No act or determination of the Court in the discharge of the duties imposed on the Court by this section shall be conclusive in the trial of any contested election. ​ (h) For the purposes of this section the Superior Court shall consist in New Castle County of the President Judge and resident Judge; in Kent County of the resident Judge and a Judge designated by the President Judge; and in Sussex County of the resident Judge and a Judge designated by the President Judge. (i) Two Judges constitute a quorum. The Governor may commission a Judge for the purpose of constituting a quorum when by reason of legal exception to any Judge, or for any other cause, a quorum could not otherwise be had. 52 Del. Laws, c. 193 and 53 Del. Laws, c. 303; 67 Del. Laws, c. 305 and 68 Del. Laws, c. 136; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 71 Del. Laws, c. 398 and 72 Del. Laws, c. 437; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18; § 7. Election offenses; penalties; self-incrimination.