15 Del. C. § 7557 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7557
§ Â
        7557. Conduct of the election.
Status: in_force

(a) The Department of Elections shall make available training for Election Officers prior to each election on the operation of the voting machine and Election Day procedures, and provide each Election Officer and Board of Elections member a copy of the manuals and/or checklists for the election.

(b) Election Officers shall admit the following persons to the voting room:

(1) Board of Elections members;

(2) Election Officers;

(3) Persons voting and waiting to vote;

(4) A child or children 17 years of age or less accompanying the voter;

(5) Department of Elections administrators or employees identified by badge or other authorization;

(6) The State Election Commissioner or an employee of the State Election Commissioner’s office identified by badge or other authorizations;

(7) Any person accompanying a Board of Elections member, a Department of Elections administrator, or the State Election Commissioner except for an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot;

(8) Any other person deemed necessary to the conduct of the election by the Inspector except for an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot; or

(9) A person or persons required by a voter to assist the voter in voting who is not the voter’s employer, agent of that voter’s employer or union, or an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot.

(c) Electioneering. — Section 4942 of this title applies to municipal elections.

(d) Challenges and challengers. — (1) For elections for municipal government, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger at a time for each candidate on the ballot at each voting location in a building may be present to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present the Inspector a challenger authorization for that election.

(2) The Inspector shall issue each challenger a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place, the challenger shall surrender the badge to the Inspector, and for elections for municipal government, retrieve the challenger authorization from the Inspector.

(3) Challengers may act as peace officers with the same powers of preserving the peace as Election Officers. The Election Officers shall protect them in the discharge of their duty; as long as the challengers do not create any disturbance or obstruction and do not unreasonably prolong any challenge. The Inspector shall caution challengers concerning the foregoing. If a challenger persists in objectionable behavior, the Inspector may eject the challenger. Nothing in this subsection of this section shall prevent the substitution of another challenger for 1 whom the Inspector ejected.

(4) If an Inspector wilfully ejects a challenger without cause, that Inspector shall be deemed to have knowingly and wilfully violated that Inspector’s own official duty.

(5) Any person legally in the polling place may challenge any voter for identity, address or bribery. The Inspector shall hear each challenge before the person being challenged enters a voting machine. Once the Inspector decides the challenge, the matter is decided and the challenged person will be either permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of this title. Once the person has taken and subscribed to the oath, the person shall be permitted to vote.

(e) Voting machines; election supplies; certification. — (1) The Department of Elections shall prepare the voting machines for the election of members of a municipal government by listing the names of all certified candidates submitted by the municipality in alphabetical order by last name without political party or other designation.

(2) The Department of Elections shall:

a. Supervise the preparation of the voting machines so that the voter choices are accurately reflected on the ballot;

b. Provide the materials needed to prepare the voting machines for the election;

c. Deliver the voting machines, documents, forms, envelopes, and signs prior to the election and pick up the voting machines following the election.

d. Keep the voting machines used in an election sealed for at least 30 days following the election or until any election contest is settled, whichever is longer. If, however, these voting machines are needed for a primary or general election prior to the resolution of an election contest, the Department may print audit records, results, and ballot images from each voting machine. The Department shall seal these records in an appropriate container and retain them until the contest is resolved.

(3) Two members of the Board of Elections for a municipality conducting an election shall certify the voting machines to be used in the election prior to the voting machines being delivered to the polling place or places.

(4) Municipalities shall be responsible for providing pens, rubber bands, tape and other supplies needed at the polling place.

(f) Oath of Office. — Before opening the election, the Inspector and any other appointed Election Officer shall subscribe to the following oath:

I do solemnly swear (or affirm) that in the election to be held on the day of A.D., I will not knowingly or willfully receive or consent to the receiving of the vote of any person who is not a citizen, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the election, truly, faithfully and impartially, according to the best of my skill and judgment; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such election, or any other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conduct of the election, I shall disclose the same to the Board of Elections that is conducting the election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).

(g) Bribery. — (1) No person who is accused of receiving or accepting or offering to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any municipal election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of this title.

(2) Such oath or affirmation shall be conclusive evidence to the Election Officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same.

(h) Polling Places. — Polling places shall be convenient and readily accessible to the voters.

(i) Preparing the polling place prior to the election. — (1) The Election Officers for each polling place shall arrive at least 1 hour prior to the time set for opening of the polls and shall proceed to arrange the furniture, documents, forms, envelopes, signs, posters and voting machines for the conduct of the election. They shall inspect the ballot cover and curtain of the machine or machines to make certain that machine or machines has not been damaged or tampered with in any manner. The Election Officers shall also take reasonable steps to ensure that no mirror or camera is in a position that would permit anyone to view the ballot.

(2) The Election Officers shall post or place the following posters and signs as follows:

a. In the voting room:

1. A voter information poster that includes information on voter eligibility, the date of the election and the hours that the polling places or places are open, general information on the right to vote, instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and general information on the prohibition of acts or frauds and misrepresentation;

2. A sample ballot; and

3. Instructions on how to use the voting machine.

b. At each voting machine:

1. A sample ballot; and

2. Instructions on how to use the voting machine.

c. At the entrance to the voting area:

1. A poster that indicates that the room or area is a polling place;

2. A voter information poster as described above; and

3. A sample ballot.

d. Signs marking the route between the entrance and the accessible entrance and the voting room.

e. A poster or other visible object at the entrance to the building used by voters and at the accessible entrance, if different, that marks the building as a polling place.

f. Outside of the building where the polling place is located:

1. Signs that mark that the building is a polling place;

2. Signs that mark the accessible route from parking to the accessible entrance; and

3. Signs that mark or point to the accessible entrance.

(3) The Department of Elections shall provide a Voting Machine Certificate that lists the serial number, ballot number, machine case seal number, printer door number and the protective counter number for each voting machine assigned to the district (where voting by district is permitted) or polling place. Each Election Officer shall witness and verify that the numbers listed on the Voting Machine Certificate are the same as the voting machine serial number, case seal number, printer door seal number, ballot number and protective counter number on the voting machine. If a number is different, the Inspector shall strike through the number, enter the appropriate correction and initial the entry on each of the certificates.

(4) The Election Officers shall then observe the opening of the polls procedure for each voting machine assigned to the district or polling place. If the light in the polls ready to open box on the officer’s control panel is in any other but the top position prior to the Inspector pressing the open polls button, stop the procedure and contact the Board of Elections. The machine cannot be used. If, during the opening of the polls procedure, the paper tape shows “error all counters not zero,” stop the procedure and contact the Board of Elections. The machine cannot be used. At the conclusion of the open polls procedure for each voting machine assigned to the district or polling place as appropriate, each Election Officer signs the paper tape. After the last Election Officer signs the paper tape, the Inspector shall close the write-in window. Each Election Officer shall then sign § 1 of the Voting Machine Certificate after any discrepancies that were observed were noted on the certificate.

(5) At the time the polls are scheduled to open, the Inspector shall admit voters and authorized challengers to the voting room.

(j) Voting procedure. — (1) For municipalities using the State’s voter registration information as the basis of permitting a person to vote: a person shall show proof of identity and address, the Election Officer shall circle the person’s name on the Poll List, have that person sign the Voter Log, give the person an authorization to vote and direct that person to the voting machine.

(2) For municipalities that do not use the State’s voter registration information: a person shall show proof of identity and address, the Election Officer shall then check the person’s name and address against the municipality’s registration list or if the municipality does not have a registration system, permit the person to vote if that person is otherwise eligible to vote, have the person sign the Voter Log, give the person an authorization to vote and direct that person to the voting machine.

(3) If the Election Officer determines that the person is not eligible to vote in the election, the Election Officer shall refer the person to the Inspector. The Inspector, after hearing and considering evidence, shall determine whether to permit the person to vote. Upon making the decision, the Inspector shall appropriately annotate the Poll List and/or Voter Log.

(4) If a person’s eligibility to vote is challenged by anyone for any reason, the Inspector shall immediately hear and consider the evidence and then decide whether the person is eligible to vote. Once the Inspector has made that Inspector’s decision, there is no appeal at the polling place.

(k) At the close of the polls; unofficial results. — (1) Thirty minutes prior to the closing of the polls, the Inspector shall announce or have another Election Officer announce that the polls shall close in 30 minutes both in the voting room and outside of the entrance of the building used by voters.

(2) At the time that the polls close the Inspector shall announce or have another Election Officer announce that the polls have closed both in the voting room and outside of the entrance to the building used by voters. The Election Offices shall permit any person to vote who was in line at the time the polls closed.

(3) The Election Officers shall remove the cartridges and tapes from each voting machine, record the protective counter and seal numbers on the Voting Machine Certificate, close the voting machines, complete the Vote Tabulation for the election, and post a copy of the results tape from each voting machine on the door of the polling place.

(4) The Election Officers, as soon as possible after the polls have closed and the unofficial results announced, shall deliver all election documents, envelopes and absentee ballots to the municipality’s Board of Elections.

(5) The municipality’s Board of Elections shall secure the documents, envelopes and absentee ballots until such time that they need to canvass the election.

(l) A municipality shall reimburse the Department of Elections that provides the voting machines for its election such reasonable costs for services provided as established by the State Election Commissioner.
15 Del. C. § 1102 — Delaware Code / Title 15 / Chapter 11 / Section 1102
§ Â
        1102. Voter registration drive standards.
Status: in_force

(a) Persons and entities registering people to vote within the State shall keep a log of all voter registration applications solicited, deliver all applications for Delaware citizens and a copy of the log covering those applications to the State Election Commissioner or the Department within 10 days of soliciting the applications, deliver the applications for citizens of other states to the chief election official of those states, and list the person or group conducting the voter registration drive along with the name of the solicitor on each application.

(b) Each voter registration application solicited during a voter registration drive shall include a sequential application number for tracking purposes.

(c) The log required above shall include the name of the person or organization conducting the drive, the inclusive dates that the applications listed thereon were collected, and a list of the full name of the applicant and associated application number for each application collected.

(d) Persons and groups conducting voter registration drives within the State should register with the State Election Commissioner or the Department using a form promulgated by the State Election Commissioner.

(e) Persons collecting voter registration applications should have each applicant initial their party affiliation selection.

(f) Persons collecting voter registration applications in order for a political party to obtain ballot status shall clearly communicate to each applicant that by completing the voter registration application they may be changing their political party affiliation.
15 Del. C. § 3402 — Delaware Code / Title 15 / Chapter 34 / Section 3402
§ Â
        3402. Write-in candidates for a general election.
Status: in_force

(a) Superior Court shall only count a write-in vote for a person who has declared oneself a write-in candidate for the office for which that person was written-in in accordance with this chapter. Superior Court shall count a write-in vote for a candidate on a general or special election ballot if the write-in vote is for the office for which the person is a candidate.

(b) Superior Court shall account for write-in votes cast for other than declared write-in candidates as “Other Write-in Votes.”

(c) A person shall declare as a write-in candidate for an office by filing a Write-in Candidate Declaration with the State Election Commissioner for a statewide office or the Department office for the county in which the election is to be held for General Assembly, county, or City of Wilmington offices no later than 4:30 p.m. on September 20 in the year of a general election. If September 20 is a Saturday, Sunday, or holiday, the declaration must be filed no later than 4:30 p.m. on the next day that is not a Saturday, Sunday, or holiday. If the boundary of a General Assembly office includes more than 1 county, the person shall file that person’s Write-in Candidate Declaration with the Department office for the county in which that person is a registered voter.

(d) The State Election Commissioner or Department office for the county in which a person who has filed a Write-in Candidate Declaration is a registered voter shall determine whether the person is eligible to be a candidate for the office for which the person has filed the Declaration.

(e) A person shall not declare oneself a write-in candidate if that person is a candidate on the general election ballot.

(f) A person shall not declare oneself a write-in candidate for more than one office. The filing of a declaration for another office prior to the declaration deadline established in this chapter shall make any previous declaration null and void.

(g) Once a person has withdrawn as a candidate or write-in candidate for an office, that person shall not declare oneself a write-in candidate for the same office in the same year.

(h) A declared write-in candidate shall comply with the requirements in Chapter 80 of this title.

(i) A declared write-in candidate may withdraw that candidate’s candidacy by filing a withdrawal form with the office at which that candidate filed the candidate’s Write-in Candidate Declaration no later than 15 days prior to the date of the election.

(j) A write-in candidate for statewide office, the General Assembly, or any elected county office must request a criminal history background check no earlier than 90 days before the candidate filing deadline and no later than the filing deadline from the State Bureau of Identification and provide proof that the criminal history background check has been requested before filing a Write-in Candidate Declaration as required under subsection (c) of this section.

(1) A write-in candidate who files a declaration under subsection (c) of this section will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (j)(5) of this section.

(2) The State Bureau of Identification must provide, within 10 days of the State Bureau of Identification’s receipt of the candidate’s request, a report of the candidate’s criminal history record or a statement that the State Bureau of Identification Central Repository contains no information relating to the candidate.

(3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record as defined under Chapter 100 of Title 29.

(4) The criminal history background check must be paid for by the candidate but may be reimbursed to the candidate as an authorized campaign expenditure under this title.

(5) The Commissioner must determine no later than 4 weeks prior to the general election that a candidate is qualified under § 21 of Article II of the Delaware Constitution before a write-in candidate’s name may be listed on any general election ballot.
15 Del. C. § 8042 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8042
§ Â
        8042. Civil remedies.
Status: in_force

For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
15 Del. C. § 5306 — Delaware Code / Title 15 / Chapter 53 / Section 5306
§ Â
        5306. Special polling place and voting procedure in case of military interference.
Status: in_force

If it happens that by reason of the presence of any military force at or near the place of holding an election in this State, electors duly qualified by the Constitution and laws of this State to vote at such place at the election shall be prevented from or interfered with by military force or by the requirement of oaths unknown to the Constitution and laws in casting their votes, any number of electors not less than 5 may withdraw from the place to any other place within the voting district where such prevention or interference shall take place, and having there, by a majority of the electors present, selected a duly qualified elector of the district, who shall be a freeholder, to act as inspector, deliver to such inspector there their respective ballots. The inspector shall receive the ballots and record the name of the voter upon a list to be kept by that inspector for that purpose and immediately write upon each ballot the name of the person who delivered the same to that inspector, the inspector having first administered to each person offering to vote an oath or affirmation in the following words: “You do solemnly swear (or affirm) that you are now a duly registered voter of this election district, that you have not voted and will not vote on this day at any other place in this or any other election district, and that you have been hindered or prevented from casting your vote at the regular place of holding the election in this district, by military interference, or by the requirement of oaths unauthorized by the Constitution and laws of this State.”
15 Del. C. § 7322 — Delaware Code / Title 15 / Chapter 73 / Subchapter II / Section 7322
§ Â
        7322. Certification of appointment; form.
Status: in_force

(a) If a vacancy in the office of United States Senator is filled by temporary appointment by the Governor, the Governor shall certify the appointment of a Senator from this State in the Senate of the United States, under the Great Seal of the State, to the President of the Senate of the United States. Such certificates shall be countersigned by the Secretary of State of Delaware.

(b) The certificate, in the case of a temporary appointment by the Governor, may be in the following form, viz.:

“To the President of the Senate of the United States: Be it known that I, ________________________________________________________________, Governor of the State of Delaware, according to the form of the Act of the General Assembly of said State, have appointed ________________________________________________________________ to be a Senator from the said State in the Senate of the United States, to serve as such Senator until the electors of the said State shall fill the vacancy caused by the death (resignation or otherwise) of ________________________________________________________________, lately Senator from said State, in the Senate of the United States. Given under our hands, in obedience to the said Act of the General Assembly and of the said Act of Congress, the ________________ day of ________________ A. D. ________________”.
15 Del. C. § 5121 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5121
§ Â
        5121. Removal or destruction of election supplies or equipment or voting machines; penalty.
Status: in_force

(a) Whoever, during the general election:

(1) Removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling the voter to prepare that voter’s ballot; or

(2) Removes, tears down or defaces the cards printed for the instruction of the voters; or

(3) Destroys or removes any booth, railing or other conveniences provided for such election; or

(4) Tampers with, disarranges, defaces or impairs in any manner the use of or destroys any voting machine or the ballots on the face of a voting machine;

shall be imprisoned not less than 6 months nor more than 1 year.

(b) Whoever induces or attempts to induce any person to commit any of the acts described in subsection (a) of this section, whether or not any such acts are committed or attempted to be committed shall be imprisoned not less than 6 months nor more than 1 year.
15 Del. C. § 2050 — Delaware Code / Title 15 / Chapter 20 / Subchapter VII / Section 2050
§ Â
        2050. Registration through state agencies [Effective until fulfillment of 85 Del. Laws, c. 63, Â 14(f)].
Status: repealed

(a) Registration through the Division of Motor Vehicles.

(1) For each person who is not registered to vote and is of sufficient age to register to vote and whose information is not transmitted to the Department of Elections pursuant to § 2050A of this title, each application for a motor vehicle driver’s license under the laws of Delaware (including any renewal application) shall serve as an application for voter registration. However, any person who, at the time of the transaction with the Division of Motor Vehicles, provides a document that demonstrates noncitizenship shall not be offered the opportunity to register to vote. The Division of Motor Vehicles may not offer an opportunity to register to vote to an individual applying for a driving privileges card or permit under § 2711(d) of Title 21.

(2) [Repealed.]

(3) An applicant for a motor vehicle license under this section may decline in writing to be registered to vote by way of the application for a motor vehicle driver’s license. The fact that an applicant has declined to be registered through the motor vehicle application process shall not be used for any purpose other than voter registration.

(4) Applications for a motor vehicle license under this section shall include as a part of the application a voter registration component. The voter registration component may not require any information which duplicates information required in the motor vehicle license component other than a second signature or information listed in paragraph (a)(5)a. of this section. If the applicant desires not to register to vote, the transmission of an electronic record will notify the Department of Elections of the applicant’s intention.

(5) The voter registration component of the motor vehicle license application under this section shall contain all of the following:

a. The minimum amount of information necessary to ensure the prevention of duplicate voter registrations and preserve the ability of election officials to determine eligibility of the applicant and otherwise administer voter registration and the election process.

b. A statement setting forth voting eligibility requirements and an attestation that the applicant meets the requirements.

c. The signature of the applicant under penalty of perjury.

d. No requirement of notarization or other formal authorization.

(6) [Repealed.]

(b) Registration through other state agencies.

(1) The Secretary or Chief Administrative Officer of each of the state agencies under paragraph (b)(2) of this section shall be a voter registration agency for purposes of this subchapter and must provide the voter registration services listed in paragraph (b)(3) of this section for its employees and the public it serves.

(2) In addition to the voter registration procedure provided for elsewhere in this chapter, an individual who is qualified to register to vote may complete a voter registration application or apply to change a previous voter registration at any of the following state agencies:

a. Department of Health and Social Services, Division of Social Services.

b. Department of Labor, Division of Employment and Training and Division of Vocational Rehabilitation.

c. Any other state agency that the Secretary or Chief Administrative Officer for that state agency selects to provide voter registration services for its employees and the public it serves.(a) Registration through the Division of Motor Vehicles.

(1) The Division of Motor Vehicles is a voter registration agency for purposes of this subchapter and must provide the voter registration services under § 2050A of this title.

(2)-(6) [Repealed.]

(b) Registration through other state agencies.

(1) The Secretary or Chief Administrative Officer of each of the state agencies under paragraph (b)(2) of this section shall be a voter registration agency for purposes of this subchapter and must provide the voter registration services listed in paragraph (b)(3) of this section for its employees and the public it serves.

(2) In addition to the voter registration procedure provided for elsewhere in this chapter, an individual who is qualified to register to vote may complete a voter registration application or apply to change a previous voter registration at any of the following state agencies:

a. Department of Health and Social Services, Division of Social Services.

b. Department of Labor, Division of Employment and Training and Division of Vocational Rehabilitation.

c. Any other state agency that the Secretary or Chief Administrative Officer for that state agency selects to provide voter registration services for its employees and the public it serves.

(3) At each voter registration agency established by this subsection, all of the following services must be made available:

a. Distribution of mail voter registration application forms as required by subchapter IV of this chapter in conjunction with the voter registration agency’s own application for the service it provides to the public, and with each of the agency’s applications for recertification, renewal, or change of address form relating to the services the agency provides, unless the individual, in writing, declines to register to vote. To the greatest extent practicable, the voter registration agencies’ forms must incorporate a means by which an individual who completes the forms may decline, in writing, to register to vote.

b. Employees of the voter registration agency who are trained to provide nonpartisan voter registration assistance, who routinely inquire of individuals served by the agency whether they wish to register to vote, and who, if requested, assist such individuals in completing the registration forms, must provide to each individual who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the agency with regard to the completion of its own forms. A voter registration agency employee who provides such assistance may not do any of the following:

1. Seek to influence an applicant’s political preference or party registration.

2. Display any such political preference or party allegiance.

3. Make any statement to an applicant to take any action of which the purpose or effect is to discourage the applicant from registering to vote.

c. Acceptance of completed voter registration applications for transmittal to the appropriate office of the Department of Elections.

1. Information relating to a declination to register to vote in connection with an application made at a voter registration agency may not be used for any purpose other than voter registration.

2. Voter registration agencies must do all of the following:

A. Inform all applicants for voter registration of voter eligibility requirements.

B. Inform all applicants for voter registration of the penalties provided under law for submission of a false voter registration application.

C. Ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.

(4) Notwithstanding the provisions of paragraph (b)(3) of this section, a voter registration agency may use an electronic tool developed by the State Election Commissioner to register clients to vote and to update voter registration records.the following state agencies:

a. Department of Health and Social Services, Division of Social Services.

b. Department of Labor, Division of Employment and Training and Division of Vocational Rehabilitation.

c. Any other state agency that the Secretary or Chief Administrative Officer for that state agency selects to provide voter registration services for its employees and the public it serves.

(3) At each voter registration agency established by this subsection, all of the following services must be made available:

a. Distribution of mail voter registration application forms as required by subchapter IV of this chapter in conjunction with the voter registration agency’s own application for the service it provides to the public, and with each of the agency’s applications for recertification, renewal, or change of address form relating to the services the agency provides, unless the individual, in writing, declines to register to vote. To the greatest extent practicable, the voter registration agencies’ forms must incorporate a means by which an individual who completes the forms may decline, in writing, to register to vote.

b. Employees of the voter registration agency who are trained to provide nonpartisan voter registration assistance, who routinely inquire of individuals served by the agency whether they wish to register to vote, and who, if requested, assist such individuals in completing the registration forms, must provide to each individual who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the agency with regard to the completion of its own forms. A voter registration agency employee who provides such assistance may not do any of the following:

1. Seek to influence an applicant’s political preference or party registration.

2. Display any such political preference or party allegiance.

3. Make any statement to an applicant to take any action of which the purpose or effect is to discourage the applicant from registering to vote.

c. Acceptance of completed voter registration applications for transmittal to the appropriate office of the Department of Elections.

1. Information relating to a declination to register to vote in connection with an application made at a voter registration agency may not be used for any purpose other than voter registration.

2. Voter registration agencies must do all of the following:

A. Inform all applicants for voter registration of voter eligibility requirements.

B. Inform all applicants for voter registration of the penalties provided under law for submission of a false voter registration application.

C. Ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.

(4) Notwithstanding the provisions of paragraph (b)(3) of this section, a voter registration agency may use an electronic tool developed by the State Election Commissioner to register clients to vote and to update voter registration records.
15 Del. C. § 5303 — Delaware Code / Title 15 / Chapter 53 / Section 5303
§ Â
        5303. Civil remedy for interference with voting.
Status: in_force

(a) Whoever, being a duly qualified elector of this State according to the Constitution and laws thereof, is prevented from voting, or obstructed in that elector’s own effort to vote at any election, by reason of any interference by any person or persons, or military power, or other power, exercising or attempting to exercise force, intimidation or threats, or requiring any qualifications or conditions unknown to such Constitution and laws, shall be deemed and taken to have suffered private damage and injury, and shall have civil remedy therefor, in the courts of this State, by civil action against every person who promoted such interference, whether by active participation, or by advising, counseling, or in anywise encouraging the same.

(b) In any trial under this section or § 5304 of this title, the court or jury, if, in their opinion the circumstances will warrant it, may give exemplary damages.
15 Del. C. § 2001 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2001
§ Â
        2001. Appointment of registration officers; conduct of registration.
Status: in_force

(a) The Department shall train and appoint such Department employees and such other persons as deemed necessary to serve as registration officers. These persons shall serve at the pleasure of the Department.

(b) Compensation of registration officers shall be set by the Department.

(c) The Department shall conduct voter registration at its offices each regular business day except during periods during which registration is closed in accordance with this title. The Department may schedule additional periods for office registration as deemed necessary.
15 Del. C. § 302A — Delaware Code / Title 15 / Chapter 3 / Section 302A
§ Â
        302A. Investigatory authority.
Status: in_force

(a) In connection with his or her authority pursuant to § 302(14) of this title hereunder to investigate possible violations of Chapter 80 of this title, the State Election Commissioner:

(1) May appoint 1 or more investigators, having such experience and qualifications as shall be established by the Board of Elections, to investigate information coming to the attention of the Commissioner that, if true, would constitute a violation of Chapter 80 of this title. The activities of any investigator appointed hereunder shall be directed solely by the Commissioner, and such investigator shall not be deemed to be an employee of, or otherwise answerable to, the Board of Elections;

(2) Shall have the authority to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the Commissioner’s duties or exercise of his or her powers pursuant to this section; and

(3) May refer any possible violation to the Attorney General or the United States Attorney for investigation and prosecution, either directly or following an investigation or preliminary investigation by the Commissioner hereunder.

(b) The authority of the Commissioner to investigate possible violations of Chapter 80 of this title shall not abrogate the right of the Attorney General to investigate or prosecute any violation or possible violation of this title.
15 Del. C. § 5904 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5904
§ Â
        5904. Delivery of notice and specification to presiding officer of Senate or House.
Status: in_force

Copies of the notice and specifications verified as provided in § 5903 of this title shall be delivered to the Speaker or President, as the case may be, of the house having cognizance of the matter. The contestant shall deliver the contestant’s own notice and specifications with the contestant’s petition on the first day of the session, and the sitting member shall deliver a copy of the sitting member’s specifications to the Speaker or President when the sitting member delivers them to the contestant.
15 Del. C. § 7541 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7541
§ Â
        7541. Contents of notice of special election.
Status: in_force

The special election shall be held on the date fixed by County Council pursuant to § 7540 of this title and shall be previously advertised by publishing a notice in a newspaper published within the County and having a general circulation therein, once in each of 2 weeks preceding the week in which the special election is held, and by posting a notice in a prominent place in the building at which County Council meets for the conduct of legislative business. The notices shall state the time and place of the special election and further state that the purpose of the special election is to determine whether a majority of the qualified voters in each parcel of the territory are in favor of the annexation by the City of Wilmington. The posted notice shall also provide a detailed description of the territory, including, but not limited to, a map showing the territory in relation to the City of Wilmington and the area surrounding the territory.
15 Del. C. § 3126 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3126
§ Â
        3126. Voting to be by voting devices.
Status: in_force

In every primary election district in which a primary election is to be held under this chapter, voting devices of the type used in general elections, as provided for in Chapter 50A of this title, must be used to record the votes, and the manner of voting must be the same as that set forth in Chapter 49 of this title.
15 Del. C. § 5403 — Delaware Code / Title 15 / Chapter 54 / Section 5403
§ Â
        5403. Designation and publication of early voting locations.
Status: in_force

(a) The State Election Commissioner shall designate and publish the early voting locations at least 30 days before an election.

(b) The State Election Commissioner shall only designate a location as an early voting location if it meets the requirements of § 4512 of this title.

(c) In an election for a statewide office, at least 1 early voting location must be designated in each county, with an additional early voting location in the City of Wilmington.
15 Del. C. § 4708 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4708
§ Â
        4708. Exemptions from military duty and service as inspector, judge of election or clerk.
Status: in_force

The inspector or judge of election or clerk during the time he or she holds office shall be exempt from the performance of military duty.

No person who by the laws of this State is exempt from jury duty shall be required to serve as an inspector or judge of election or clerk.
15 Del. C. § 4903 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4903
§ Â
        4903. Reading of election law provisions to election officers.
Status: in_force

Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled election officers.
15 Del. C. § 2012 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2012
§ Â
        2012. Challenge for bribery; oath; effect of oath; refusal to take oath.
Status: in_force

If upon the personal application of anyone to be registered, the applicant shall be challenged for having received or accepted, or for having offered to receive or accept, or for having paid, transferred or delivered, or for having offered or promised to pay, transfer or deliver, or for having contributed or offered or promised to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register, the registration officer shall administer to the person so challenged an oath or affirmation, as follows:

“You do solemnly swear upon the Holy Evangels of Almighty God (or “You do solemnly, sincerely and truly declare and affirm”) that you have not received or accepted or offered to receive or accept, or paid, transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register at the registration for this present year, so help you God” (or “so you do solemnly, sincerely and truly declare and affirm”).

________________

Such oaths or affirmations shall be conclusive evidence to the registration officers of the truth of such oath or affirmation, but if any such oath or affirmation is false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the State Constitution. If any person so challenged refuses to make the oath or affirmation prescribed in this section, the registration officers shall enter the words “refused to make oath concerning bribery” in the appropriate space in the applicant’s application for registration and the department shall place the original permanent registration record of the applicant in the special file or binder known as the “list of disqualified voters.”
15 Del. C. § 4322 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4322
§ Â
        4322. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Cast” means accepted by the Secretary of State in accordance with § 4327(b) of this title.

(2) “Elector” means an individual selected as a presidential elector under this chapter.

(3) “President” means President of the United States.

(4) “Unaffiliated presidential candidate” means a candidate for President who qualifies for the general election ballot in this State by means other than nomination by a political party.

(5) “Vice President” means Vice President of the United States.
15 Del. C. § 5925 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5925
§ Â
        5925. Inquiry restricted to grounds of objection in specifications.
Status: in_force

In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and to the statement of the other grounds upon which the person declared to have been elected rests the validity of that person’s election and shall not examine into the illegality of any other vote than those specified as illegal nor impeach such votes for any causes other than those so specified.
15 Del. C. § 5706 — Delaware Code / Title 15 / Chapter 57 / Section 5706
§ Â
        5706. Form of certificates.
Status: in_force

(a) The certificates of the Court of the results of the election in its county may be according to the following form:

The State of Delaware, ________________________________ County, ss.

Be it Remembered, that at the general election held on the Tuesday next after the first Monday in November, in the year of our Lord Two Thousand and ________________ for ________________________________ County, according to the Constitution and laws of the State of Delaware (here insert, to wit: If the certificate be of an election of electors of President and Vice President, of Governor and Lieutenant Governor, of Senator in the Senate of the United States, of Representative in Congress, of Attorney General, of Insurance Commissioner, of State Treasurer, of Auditor of Accounts, the number in words at length of votes given for each person voted for, for such respective offices; if the certificate be of an election of Senator or Representative in the General Assembly, or, of clerk of the peace, of register of wills, of recorder, of Levy Court Commissioner or Commissioners, of receiver of taxes and county treasurer, of sheriff, of county executive, of county council member, the names of the persons elected), which is manifest by calculating and ascertaining the aggregate amount of all votes given for each person voted for in all the election districts of the county, according to the provisions made by law in this behalf.

In testimony, whereof, we ________________________________ and ________________________________ constituting the Superior Court for ________________________________  ________________________________ County, who have met and ascertained the state of the election throughout the said County, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County, on this ________ day of November, A. D. ________

(b) The manner of making the insertion may be as follows:

In case of Electors of President and Vice President

________ votes were given for ________________________________ for Elector

________ votes were given for ________________________________ for Elector and so on, naming each person voted for.

In case of Governor

________ votes were given for ________________________________ for Governor

________ votes were given for ________________________________ for Governor and so on, naming each person voted for.

In case of Lieutenant Governor

________ votes were given for ________________________________ for Lieutenant Governor

________ votes were given for ________________________________ for Lieutenant Governor and so on, naming each person voted for.

In case of Senator in the Senate of the United States

________ votes were given for ________________________________ for United States Senator

________ votes were given for ________________________________ for United States Senator and so on, naming each person voted for.

In case of Representative to Congress

________ votes were given for ________________________________ for Representative to Congress

________ votes were given for ________________________________ for Representative to Congress and so on, naming each person voted for.

In case of Attorney General

________ votes were given for ________________________________ for Attorney General

________ votes were given for ________________________________ for Attorney General and so on, naming each person voted for.

In case of Insurance Commissioner

________ votes were given for ________________________________ for Insurance Commissioner

________ votes were given for ________________________________ for Insurance Commissioner and so on, naming each person voted for.

In case of State Treasurer

________ votes were given for ________________________________ for State Treasurer

________ votes were given for ________________________________ for State Treasurer and so on, naming each person voted for.

In case of Auditor of Accounts

________ votes were given for ________________________________ for Auditor of Accounts

________ votes were given for ________________________________ for Auditor of Accounts and so on, naming each person voted for.

In case of Senators to General Assembly

________ was duly elected Senator for the ________________________________ Senatorial District for said County in the General Assembly, (and so on, giving certificates for each Senator elected in the respective senatorial districts of the county) and was duly elected Senator for the ________________________________ Senatorial District for said County in lieu of ________________________________ late Senator for said Senatorial District of said County in the General Assembly (and so on, giving certificates for each Senator elected in lieu of any other Senator for any senatorial district for said county in the General Assembly).

In case of Representatives to General Assembly

________________________________ was duly elected Representative for the ________________________________ Representative District for said County in the General Assembly (and so on, giving certificates for each Representative elected in the respective representative districts of the County).

In case of Clerk of the Peace

________________________________ was duly elected Clerk of the Peace for ________________________________ County.

In case of Register of Wills

________________________________ was duly elected Register of Wills for ________________________________ County.

In case of Recorder

________________________________ was duly elected Recorder for ________________________________ County.

In case of the County Executive for New Castle County

________________________________ was duly elected County Executive for New Castle County.

In case of County Council member for New Castle County

________________________________ was duly elected County Council member for the ________________________________ Councilmemberic District in New Castle County; and so on, giving a certificate for each Council member elected in each Councilmemberic District in New Castle County.

In case of County Councilmembers for Sussex County

________________________________ was duly elected Council member for the ________________________________ Councilmemberic District in Sussex County; and so on, giving a certificate for each Council member elected in each Councilmemberic District in Sussex County.

In case of Levy Court Commissioners for Kent County

________________________________ was duly elected Levy Court Commissioner for ________________________________ District in said County (and so on, giving a certificate for each Levy Court Commissioner elected in each District in said County).

In case of Receiver of Taxes and County Treasurer

________________________________ was duly elected Receiver of Taxes and County Treasurer for ________________________________ County.

In case of Sheriff

________________________________ was duly elected Sheriff for ________________________________ County.
15 Del. C. § 8006 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8006
§ Â
        8006. Prohibitions.
Status: in_force

(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other service, or any official action or lack of action, in connection with any contribution.

(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution whose donor’s true name and address is not made known to the political committee that receives it.
15 Del. C. § 6106 — Delaware Code / Title 15 / Chapter 61 / Section 6106
§ Â
        6106. Rules and regulations.
Status: in_force

The State Election Commissioner shall promulgate rules and regulations when information regarding an applicant is incomplete or uncertain. These guidelines and standards shall be used to determine whether or not the applicant shall be permitted to register to vote.
15 Del. C. § 2053 — Delaware Code / Title 15 / Chapter 20 / Subchapter VII / Section 2053
§ Â
        2053. Effective date; title.
Status: in_force

The provisions of this subchapter VII shall take effect on January 30, 1994, and shall be known as the “Agency Based Registration Act.”
15 Del. C. § 214 — Delaware Code / Title 15 / Chapter 2 / Section 214
§ Â
        214. Maps.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 9, effective Feb. 1, 2010.
15 Del. C. § 4504 — Delaware Code / Title 15 / Chapter 45 / Section 4504
§ Â
        4504. Envelopes for ballots and other election supplies; obtaining and packaging.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 50, effective Feb. 1, 2010.
15 Del. C. § 4509 — Delaware Code / Title 15 / Chapter 45 / Section 4509
§ Â
        4509. Materials and supplies necessary to conduct the election.
Status: in_force

(a) The county director or deputy county director of each county office shall furnish the necessary materials, voter information, and supplies expected to enable conduct of the election to each election district. This shall include all of the following:

(1) A map of the representative district in which the election district is located of sufficient size to clearly show the boundaries of the election districts.

(2) A sufficient number of ballots and other supplies expected to enable the efficient administration of the election.

(b) The Commissioner shall prepare a report within 30 days after the certification of each election detailing the number of ballots supplied to each election district, the number of ballots used, and the number of remaining blank ballots. The report shall be delivered to the Governor, the Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Attorney General and posted on the Department of Elections website.
15 Del. C. § 5518 — Delaware Code / Title 15 / Chapter 55 / Section 5518
§ Â
        5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal post card application (FPCA); electronic transmission of balloting materials.
Status: in_force

(a) Any person who qualifies for an absentee ballot pursuant to § 5502(1), (2) or (7) of this title, and who has requested the same, shall qualify for an absentee ballot in all elections conducted under the provisions of this title during the period from receipt of the application following the last general election and through December 31 of the year following the last general election. Additionally, if a person states the duration of his or her absence from the State, their federal post card application (FPCA) shall be valid for that period.

(b) The receipt of a federal post card application from any person eligible to use the FPCA for an absentee ballot who is not registered to vote in Delaware but is eligible to register to vote in Delaware shall serve as an application to register to vote as well as a request and statement for an absentee ballot.

(c) The Department may send and receive absentee ballot applications, FPCAs, absentee ballots and federal write-in absentee ballots by electronic transmission.
15 Del. C. § 5952 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5952
§ Â
        5952. Proof and evidence limited by statement.
Status: in_force

At the trial of any contest under this subchapter the contestant shall be limited in that contestant’s proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their testimony to the facts set forth in the statement with respect to which it shall be stated that they will be expected to testify.
15 Del. C. § 7581 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7581
§ Â
        7581. Challenges.
Status: in_force

(a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters.

(b) In addition, the vote of an absentee voter may be challenged:

(1) On the ground that the statement filed by the voter in compliance with § 7572 of this title is false; or

(2) On the ground that the self-administered statement on the ballot envelope is not signed.

(c) If a challenge is made pursuant to subsection (a) of this section, an absentee judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED”, and shall set the envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. If a challenge is made pursuant to subsection (b) of this section, an absentee judge shall mark the ballot envelope as “CHALLENGED” and shall set it aside in a secure location for consideration at a later time as provided elsewhere in this title.

(d) All challenges to absentee ballots must be resolved before the counting of votes may be considered complete. Any challenge not resolved by the absentee judges within a reasonable time of the challenge having been made shall be referred to the board of elections for the municipality for resolution.
15 Del. C. § 5009A — Delaware Code / Title 15 / Chapter 50A / Section 5009A
§ Â
        5009A. Instruction model.
Status: repealed

Repealed by 70 Del. Laws, c. 154, § 18, effective July 7, 1995.
15 Del. C. § 3181 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3181
§ Â
        3181. Primary to be held.
Status: in_force

(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the fourth Tuesday in April in the calendar year of a presidential election.

(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of the political party notifies the State Election Commissioner in writing that such political party elects not to be governed by the provisions of this subchapter prior to the close of business on the earlier of the first business day in the year in which a President of the United States is to be elected or 120 days before the day of the presidential primary.
15 Del. C. § 5616A — Delaware Code / Title 15 / Chapter 56A / Section 5616A
§ Â
        5616A. Rejected ballots [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) No vote shall be accepted or counted if any of the following occurs:

(1) The signature of the voter that appears on the front of the ballot envelope is found to have been altered or the ballot envelope is not signed as required under § 5608A(a)(2) of this title.

(2) The voter is not a duly registered elector in this State.

(3) The ballot envelope is open.

(4) It is evident that the ballot envelope has been opened and resealed.

(5) It is evident that the ballot envelope has been tampered with or altered.

(b) If the ballot envelope has not been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, it must not be opened and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore.

(c) If the ballot envelope has been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, the ballot must be returned to its ballot envelope and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore.

(d) Whenever it is made to appear by due proof to an election judge that any voter, who has marked and forwarded the voter’s ballot, has subsequently died, the ballot envelope containing the ballot must not be opened and the election judge shall record on the ballot envelope “REJECTED, DEAD” and must be preserved and disposed of as other rejected ballots.

(e) Whenever a ballot has not been counted but has been rejected under this section, the appropriate notation must be made on the mail ballot tally and the number of ballots rejected must be noted on the certificates of election.

(f) Ballots rejected under this section must be deposited in a carrier envelope for the election district to which they apply.
15 Del. C. § 3404 — Delaware Code / Title 15 / Chapter 34 / Section 3404
§ Â
        3404. Write-in candidate lists.
Status: in_force

Each Department office shall issue at least 2 copies of the list of declared write-in candidates for each office on a ballot in the county to the election officers at each election district in the county. The election officers shall post 1 copy of the list in a conspicuous location in the polling place.
15 Del. C. § 2114 — Delaware Code / Title 15 / Chapter 21 / Section 2114
§ Â
        2114. Timing of appeal.
Status: in_force

Notwithstanding the sections of this chapter, any person who asserts that he or she properly registered but has been denied the right to vote may appeal such denial to the court up to and including the day of the election.
15 Del. C. § 4944 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4944
§ Â
        4944. Vote for candidates for President and Vice President as vote for their electors.
Status: in_force

A vote for the candidates of a political party for President and Vice President of the United States shall be a vote for all the electors of President and Vice President of such party, the names of whom are on file with the State Election Commissioner and shall be as effective as if the vote was given directly for the electors.
15 Del. C. § 2011 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2011
§ Â
        2011. Entries by registration officers.
Status: in_force

(a) When a person appears at a registration place for the purpose of applying to register as a voter, a registration officer shall obtain from such person the necessary information to complete an application for registration.

(b) After the application for registration has been fully completed, a registration officer shall inspect the application for completeness, eligibility and legibility and such additions or corrections as may be necessary shall be made in the presence of the applicant. The applicant shall then submit for inspection by the aforesaid registration officer proof as to identity and residence as shown on the application. If the registration officer is satisfied that the applicant is eligible and has established the applicant’s identity and that the application is complete and legible, the applicant shall sign the application and the registration officer shall sign the registration officer’s name in the space on the application provided for that purpose.

(c) If unable to sign, the applicant shall make that applicant’s own mark on the application. If the applicant is unable to sign or make that applicant’s own mark because of physical disability, the registration officer shall indicate the fact in the space provided for the signature of the applicant. In either case, the registration officer shall write the phrase “Witnessed by” followed by the registered officer’s initials in the space provided for the signature of the applicant.

(d) The registration officers, except where registration is conducted in the offices of the Department, shall record the name and address of each applicant upon a separate list of registered voters in the order in which they appear at the registration place to be registered.

(e) At the end of the registration day, the registration officer shall deliver to the Department all of the sets of registration records supplied by the Department along with the list of all transactions.

(f) Persons qualified to register to vote may do so at any office of the Department regardless of the county of their actual residence.
15 Del. C. § 7578 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7578
§ Â
        7578. Counting procedure for absentee ballots.
Status: in_force

At any time between the opening and the closing of the polls on an election day, absentee election judges selected by a municipality’s board of elections, shall count absentee ballots at a properly noticed public meeting in the municipality’s offices or at the place of the election, at the municipality’s discretion, in accordance with the procedures set out below. Anything herein to the contrary notwithstanding, at the discretion of the municipality, the board of elections may itself act as the absentee election judges.

(1) The municipality’s board of elections shall appoint a sufficient number of teams of absentee election judges, each consisting of an odd number of electors, to open and tally the absentee ballots before the close of the polls. The board of elections shall be responsible for deciding all challenges and overseeing the process.

(2) The municipality shall provide a list of persons who have returned absentee ballots for review by the public and challengers at the meeting. Challenges must be made prior to the opening of the ballot envelope for the voter being challenged.

(3) If a person has challenged an absentee voter as provided in § 7557(d)(5) of this title, an absentee election judge shall give that person’s ballot envelope to the board of elections who shall then hear the evidence and decide the challenge. If the board of elections upholds the challenge, the chairperson shall write the word “CHALLENGED” on the ballot envelope, the reason for the challenge and then sign the chairperson’s own name. When the challenge is denied, the ballot envelope shall be returned to the team to be opened and counted. The board of elections, after the close of the polls, shall seal the ballot envelopes for all voters who were successfully challenged in a carrier envelope along with a log sheet showing the serial number of the carrier envelope.

(4) Where absentee ballots have been prepared for counting in advance of the opening of the polls in accordance with § 7579 of this title and are in a carrier envelope, the absentee election judges, upon opening a carrier envelope, shall verify that the serial number on the log sheet is the same as the serial number on the carrier envelope. If the numbers are not the same, the judges shall report the discrepancy to the board of elections and then follow the instructions of the board regarding that carrier envelope. If there are no discrepancies or the discrepancy has been resolved, the team shall remove the ballots from the carrier envelope.

(5) Where the ballots are in the ballot envelopes, a team of absentee election judges shall:

a. Check the ballot envelopes against the list of absentee voters. The teams shall not process any ballot envelopes that the municipality has not listed as returned on the list of absentee voters until the discrepancy has been resolved to the board of election’s satisfaction.

b. Reject ballot envelopes that the voter did not sign or seal, or for a voter who is known to be dead. An absentee election judge shall print the word “REJECTED” and the reason for the rejection on the front of the ballot envelope and then at least 2 of the absentee elections judges shall initial beside the entry.

c. Open each ballot envelope in such a manner as not to deface or destroy the self-administered statement thereon or the absentee ballot enclosed and then remove the ballot in such manner as to avoid seeing the markings thereon from the ballot envelope. If there is no ballot in the ballot envelope or if there is more than 1 ballot in a ballot envelope, an absentee election judge shall write the word “REJECTED” and the reason for the rejection on the front of the ballot envelope and then at least 2 absentee elections judges shall initial beside the entries. In the case where there was more than 1 ballot in a ballot envelope, the team shall put the ballots back into the ballot envelope.

d. Once an absentee ballot judge has removed a ballot from a ballot envelope, the judge shall put it face down on the table without examining it. The team shall open ballot envelopes until they have a sufficient number of ballots and ballot envelopes to fill a carrier envelope, create a predetermined batch, or they have opened all of the ballot envelopes for a municipal election district or the election, whichever occurs first. The team shall then shuffle the ballots and then proceed to tally the votes for that group of ballots.

(6) The team of absentee election judges shall then tally the votes for a group of ballots on absentee vote tally sheets with one 1 person reading the votes and 2 others tallying the votes on separate absentee vote tally sheets. Once the team has tallied a group of ballots, they shall verify that the results on both absentee vote tally sheet are the same. If the results are not the same, the team shall re-tally the votes until the result is the same. During the tally process, the team shall:

a. Attempt to determine the voter’s intent pursuant to § 4972 of this title in the event that a voter did not mark the ballot as instructed; and

b. Tally votes for write-in candidates on the absentee vote tally sheets if the municipality’s charter or code permits write-in votes.

(7) Once a team has tallied the absentee votes for a group of ballots, the members shall sign both copies of the absentee vote tally sheet and then put the voted ballots, rejected ballots, ballot envelopes, and 1 copy of the absentee vote tally sheet into a carrier envelope. The team shall then complete the log sheet showing the serial number of the carrier envelope, put the log sheet into the carrier envelope and then seal the carrier envelope. The team shall then give the carrier envelope and the second copy of the absentee vote tally sheet to the board of elections.

(8) Upon receipt of a carrier envelope and the second copy of the absentee vote tally sheet for that carrier envelope, the board of elections shall:

a. Put the carrier envelope in a secure location until such time it is needed for a recount, legal action, or is to be destroyed as provided in this chapter; and

b. Record the results from the absentee vote tally sheet onto a master absentee vote tally sheet for the election. After the board of elections has received all of the absentee vote tally sheets and has entered the results for each candidate on the master absentee vote tally sheet, the board shall total the votes for each candidate and then, after the polls have closed, enter the results on the vote tabulation for the election. The board of elections shall then seal the absentee vote tally sheet or sheets in a carrier envelope along with a log sheet showing the serial number of the carrier envelope.

(9) Ballot envelopes received after the ballots have been counted or the ballots for a specific municipal election district have been counted shall be opened and tallied in accordance with the above procedure except that they all shall be sealed in 1 or more carrier envelopes, as necessary, after the polls have closed.

(10) The teams shall repeat the above process as many times as necessary in order to count the absentee ballots.

(11) A municipality that permits absentee voting shall establish a procedure to insure that persons who voted by absentee ballot shall not be permitted to vote at a polling place on the day of the election.

(12) Anything herein to the contrary notwithstanding, when the number of absentee ballots returned to the municipality is less than 5, the municipality may develop a counting procedure protective of the secrecy of the ballot.
15 Del. C. § 3124 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3124
§ Â
        3124. Ballots for voting devices.
Status: in_force

(a) The Department shall cause to be created the ballots to be used in any primary election.

(b) The names of all candidates for nomination for the same office must be placed under the title of the office, the surname of candidates to be placed in alphabetical order, and may not be separated one from another by any other matter.
15 Del. C. § 5905 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5905
§ Â
        5905. Inquiry restricted to grounds specified.
Status: in_force

In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and shall not examine into the illegality of any votes other than those specified as illegal nor impeach such votes for any causes other than those specified.
15 Del. C. § 3165 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3165
§ Â
        3165. Challenges; oath of voter; penalty.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 42, effective Feb. 1, 2010.
15 Del. C. § 2103 — Delaware Code / Title 15 / Chapter 21 / Section 2103
§ Â
        2103. Notice of appeal to correct name; correction by judge.
Status: in_force

Any person applying to the court to have any name appearing in any manner incorrectly in the Election District Record for such person’s election district to be corrected shall give notice as provided in this chapter to the Department of that person’s intention to make application for the correction thereof, so that the Department or its duly authorized representatives shall and may be present with the appropriate registration records to make such corrections therein as the court shall order and direct, and shall also give notice of that person’s intention to the person affected, as provided in this chapter.
15 Del. C. § 7713 — Delaware Code / Title 15 / Chapter 77 / Section 7713
§ Â
        7713. Election of nominees; vacancies.
Status: in_force

The 17 nominees who receive the highest number of votes shall be the delegates to the convention. If there is a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegate was elected and, if the convention contains no other delegate of that group, shall be filled by the Governor.
15 Del. C. § 8046 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8046
§ Â
        8046. Short title.
Status: in_force

This chapter shall be known as the “Campaign Financing and Disclosure Act of 1990.”
15 Del. C. § 7715 — Delaware Code / Title 15 / Chapter 77 / Section 7715
§ Â
        7715. Election of officers and adoption of rules.
Status: in_force

The convention may elect its president, secretary and other officers and adopt its own rules.
15 Del. C. § 301 — Delaware Code / Title 15 / Chapter 3 / Section 301
§ Â
        301. Appointment; term and compensation.
Status: in_force

(a) The State Election Commissioner shall be appointed by the Governor for a term of 4 years and confirmed by a majority of the members elected to the Senate. Until such appointment and confirmation the State Auditor shall serve as the State Election Commissioner without additional compensation. In the event of a vacancy in the office, the Governor shall appoint a successor to fulfill the unexpired term and said successor shall be confirmed by a majority of the members elected to the Senate.

(b) The salary of the State Election Commissioner shall be as provided in the Budget Act.

(c) The State Election Commissioner shall serve in this capacity on a full-time basis and the State Election Commissioner’s powers and duties prescribed by this title shall remain with the Election Commissioner and shall not be delegated to any other individual or group.

(d) The State Election Commissioner shall not hold or be a candidate for any:

(1) Federal, state, county, city or incorporated municipality elective office; or

(2) Elective office or position of a political party nor shall the State Election Commissioner be an appointed official to any federal, state, county, city or incorporated municipality, commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission’s Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002 [52 U.S.C. § 20941 et seq.]).

(e) The State Election Commissioner shall not directly or indirectly use or seek to use the State Election Commissioner’s authority or official influence to control or modify the political action of another person or at any time participate in any political activities or campaigns.
15 Del. C. § 1101 — Delaware Code / Title 15 / Chapter 11 / Section 1101
§ Â
        1101. Permanent registration system.
Status: in_force

(a) Persons who have registered to vote in accordance with the provisions of this title shall not be removed from the voting rolls so long as their permanent place of residence is within this State, they have not been disenfranchised for any cause prescribed in the laws of this State or their registration has not been canceled as provided elsewhere in this title.

(b) Registered voters who change their permanent place of residence within this State or legally change their name should update their voter registration record as elsewhere provided in this title.
15 Del. C. § 7574 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7574
§ Â
        7574. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit of eligibility.
Status: in_force

(a) The municipality shall provide to each elector to whom it sends an absentee ballot an envelope which shall be:

(1) A color other than white;

(2) Large enough to hold a completed ballot; and

(3) Designed to protect its contents from tampering, removal or substitution without detection.

(b) Upon each envelope provided pursuant to this section shall appear:

(1) The words “BALLOT ENVELOPE”;

(2) An alpha-numeric symbol and/or barcode for use in accounting for the absentee ballot;

(3) Identification information for the elector receiving the absentee ballot, including: the name of the municipality where the elector is qualified to vote; the elector’s name; the elector’s mailing address; the address within the municipality that establishes the elector’s eligibility to vote if different from the elector’s mailing address; and such other information as the municipality may require; and

(4) The following oath:

“I do solemnly swear (affirm) that to the best of my knowledge I am eligible to vote in this municipal election and that the address that appears on the label on this envelope is the address at which I am qualified to vote in this municipal election. I also do solemnly swear (affirm) under penalty of perjury that I have not received or accepted, or offered to receive or accept, any money or other item of value as compensation, inducement or reward for the giving or withholding of a vote at this municipal election, nor that I am acting under duress or threat of duress or harm.”

(5) The voter’s signature.
15 Del. C. § 1306 — Delaware Code / Title 15 / Chapter 13 / Section 1306
§ Â
        1306. Registration supplies.
Status: repealed

Repealed by 75 Del. Laws, c. 232, § 12, effective Feb. 1, 2006.
15 Del. C. § 7570 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7570
§ Â
        7570. Purpose of subchapter; scope.
Status: in_force

It is the purpose and intent of the General Assembly in enacting this subchapter to provide those qualified electors of municipalities governed under subchapter IV of this chapter who are unable to appear at a municipal election to cast their ballots with the ability to cast a ballot to be counted in the total for the municipal election.
15 Del. C. § 5103 — Delaware Code / Title 15 / Chapter 51 / Subchapter I / Section 5103
§ Â
        5103. Irregularities or defects in election as a defense.
Status: in_force

Irregularities or defects in the mode of noticing, canvassing, polling or conducting any election shall not be a defense to a prosecution for any violation of this title.
15 Del. C. § 2111 — Delaware Code / Title 15 / Chapter 21 / Section 2111
§ Â
        2111. Finality of decisions.
Status: in_force

The decision of the court on any appeal provided for in this chapter shall be final.
15 Del. C. § 3403 — Delaware Code / Title 15 / Chapter 34 / Section 3403
§ Â
        3403. Forms.
Status: in_force

The State Election Commissioner, in collaboration with the Department offices, shall promulgate the Write-in Candidate Declaration and the withdrawal form.
15 Del. C. § 4911 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4911
§ Â
        4911. Display of flags, signs and maps at polling places.
Status: in_force

(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall be provided by the Department.

(b) The Department shall print individual, large-size wall maps for each representative district within the State. The individual maps shall also designate the boundaries of all election districts within each representative district, with every polling place therein plainly marked on the map.

(c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said map to determine correct voting places, election districts and representative districts so long as there is no unreasonable interference with voting procedures.
15 Del. C. § 7105 — Delaware Code / Title 15 / Chapter 71 / Section 7105
§ Â
        7105. Election officers and polling places.
Status: in_force

The Department, upon receiving a writ of election, shall appoint sufficient election officers to conduct the election and contract with the usual polling places for the legislative district for which the Department is conducting the special election. If a polling place is not available, the Department shall combine the election district or districts in that polling place with the election district or districts in a nearby polling place or contract with another location. The Department shall notify voters if their polling place is moved to another building.
15 Del. C. § 5127 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5127
§ Â
        5127. Bribery of person expecting to be election or registration officer; penalty.
Status: in_force

Whoever bribes or attempts to bribe anyone expecting to hold any official position under the election or registration laws of this State, either as registrar, inspector, judge or otherwise, by giving money or the promise of money, office or the promise of office or position either under the state or federal government, to perform any service for any political party in this State or to favor any candidate for political office shall be fined not more than $1,000 and may be imprisoned not more than 6 months.
15 Del. C. § 4321 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4321
§ Â
        4321. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Faithful Presidential Electors Act.”
15 Del. C. § 8011 — Delaware Code / Title 15 / Chapter 80 / Subchapter II / Section 8011
§ Â
        8011. Contribution limits for parties.
Status: in_force

No person shall make any contributions which will cause the total amount of such person’s contributions to a political party to exceed $20,000 during an election period. No treasurer or other person acting on behalf of any political party shall accept any contribution which such person knows will cause the total amount of the donor’s contributions to a political party to exceed $20,000 during an election period. The contribution limits set forth in this chapter shall not be applicable to any contributions received by a political party from or on behalf of any national political party, any organization subordinate to such national political party or any other national political organization established for the purpose of supporting elections to national, state and local offices including, but not limited to, the Republican and Democratic Senatorial Campaign Committees, the Republican and Democratic Congressional Campaign Committees, the Republican and Democratic Victory Funds, the Republican and Democratic Governors’ Associations.
15 Del. C. § 7571 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7571
§ Â
        7571. Persons eligible to vote by absentee ballot.
Status: in_force

Any person qualified under the provisions of a municipal charter to vote by absentee ballot in any municipal election held in that municipality (“elector”) may vote by absentee ballot for any reason authorized by that municipality’s charter or ordinances and for any of the following reasons:

(1) Because such person is in the public service of the United States or of this State, or is a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or such person’s spouse or dependents when residing with or accompanying the person, or is absent from this State because of illness or injury received while serving in the armed forces of the United States; or

(2) Because such person is in the armed forces of the United States or the Merchant Marines of the United States, or attached to and serving with the armed forces of the United States in the American Red Cross or United Service Organizations; or

(3) Because of the nature of such person’s business or occupation, including the business or occupation of providing care to a parent, spouse or that person’s child who is living at home and requires constant care due to illness or injury; or

(4) Because such person is sick or physically disabled; or

(5) Because such person is absent from the municipality while on vacation; or

(6) Because such person is unable to vote at a certain time or on a certain day due to the tenets or teachings of that person’s religion.
15 Del. C. § 4507 — Delaware Code / Title 15 / Chapter 45 / Section 4507
§ Â
        4507. Sheet containing oaths of election officers, certificate of qualification, laws.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 52, effective Feb. 1, 2010.
15 Del. C. § 216 — Delaware Code / Title 15 / Chapter 2 / Section 216
§ Â
        216. Notaries public.
Status: in_force

(a) In addition to the notaries public for the respective counties authorized to be appointed by any other law, the Governor shall appoint as notaries public:

(1) Three employees of the Department of Elections for New Castle County; and

(2) One employee and the Director of the Departments of Elections for Kent and Sussex Counties.

(b) Whenever any person so appointed ceases to be employed by or as director of the department, such person’s term as notary public shall terminate and the Governor shall appoint either another employee or such person’s successor as a notary public.
15 Del. C. § 4510- 4511 — Delaware Code / Title 15 / Chapter 45 / Section 4510- 4511
§ ÂÂ
        4510, 4511.  Supplies for election officers; custody of records and supplies; maps and lists of election districts; reuse of election supplies.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 55, effective Feb. 1, 2010.
15 Del. C. § 3167 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3167
§ Â
        3167. Bribery at primary elections; penalty.
Status: in_force

Whoever, either in or out of this State, receives or accepts, or offers to receive or accept, or pays, transfers or delivers, or offers, or promises to pay, transfer or deliver, or contributes or offers, or promises to contribute to another to be paid or used, any money, or other valuable thing as a compensation, inducement or reward for the giving or withholding or in any manner influencing the giving or withholding a vote at any primary election held for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates for public office or for the purpose of selecting delegates to a national political convention thereafter to be held for the purpose of nominating candidates for the office of President and Vice President of the United States, shall be fined not less than $100 nor more than $5,000 or imprisoned not less than 1 month nor more than 3 years, or both.
15 Del. C. § 203 — Delaware Code / Title 15 / Chapter 2 / Section 203
§ Â
        203. State Board of Elections; powers and duties.
Status: in_force

There is hereby established a State Board of Elections, which shall have all of the powers and duties previously vested in the Board of Elections for New Castle County, the Board of Elections for Kent County, and the Board of Elections for Sussex County, as well as such other powers and duties as set forth in this title.
15 Del. C. § 6105 — Delaware Code / Title 15 / Chapter 61 / Section 6105
§ Â
        6105. Cooperation between agencies; waiver of fees.
Status: in_force

Notwithstanding any statute or other provision to the contrary, in any request for information or any act by the State Election Commissioner under this chapter, fees which would otherwise be assessed for criminal background or other computer searches shall be waived. Each state agency and public subdivision of this State shall cooperate with and assist the State Election Commissioner in the performance of the Commissioner’s duties in implementing the provisions of this chapter, including but not limited to fingerprinting, background investigations and record reviews.
15 Del. C. § 5104 — Delaware Code / Title 15 / Chapter 51 / Subchapter I / Section 5104
§ Â
        5104. Honest belief as a defense.
Status: in_force

Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any fact tending to show that the accused honestly believed upon good reason that the vote complained of was a lawful one.
15 Del. C. § 204 — Delaware Code / Title 15 / Chapter 2 / Section 204
§ Â
        204. Qualifications of members.
Status: in_force

No person shall be appointed as a member of the State Board of Elections who is not a citizen of the United States and a resident of the county for which that person is appointed (or a resident of this State for at-large members) and who has not resided therein for 1 year next preceding that person’s appointment. No member of the Board shall hold or be a candidate for any:

(1) Federal, state, county, city or incorporated municipality elective office;

(2) Elective office or appointed position of a political party, nor shall a member be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body.
15 Del. C. § 5615A — Delaware Code / Title 15 / Chapter 56A / Section 5615A
§ Â
        5615A. Challenges [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) A mail ballot may be challenged for any of the following:

(1) The same causes and in the same manner as provided in this title for other voters.

(2) That the statement in the center of the face of the ballot envelope is not signed as required under § 5608A(a)(2) of this title.

(3) The ballot envelope does not contain the elector’s state-issued driver’s license number or state-issued nondriver identification card number, or the last 4 digits of the elector’s Social Security number, as required under § 5608A(a)(2) of this title.

(b) (1) If a challenge is made under paragraph (a)(1) of this section, an election judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title.

(2) If a challenge is made under paragraph (a)(2) of this section, an election judge shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title.

(c) All challenges to mail ballots voted in a particular election district must be resolved before the counting of votes in that election district may be considered complete. Any challenge not resolved by the election judges within a reasonable time of the challenge having been made must be referred for resolution to the county director and county deputy director of the Department in the county where such election district is located.
15 Del. C. § 3183 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3183
§ Â
        3183. Nomination; withdrawal.
Status: in_force

(a) Notification of candidacy shall be no later than the sixtieth day before the day of the presidential primary election. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification shall be the next day that is not a Saturday, Sunday or a legal holiday.

(b) The chairperson of each political party participating in the presidential primary shall, no later than 4:30 p.m. the Wednesday following the deadline set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate’s campaign, that the candidate’s name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a) of this section, may have that candidate’s own name removed from the ballot provided that no later than the close of the business day the Friday following the deadline set in accordance with subsection (a) of this section, the candidate files an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become a candidate in any other state’s presidential primary and that the candidate is not currently (or is no longer), and does not intend to become, a candidate for the presidential nomination of the candidate’s party.

(c) In the event that only 1 candidate files for a party’s nomination by the filing deadline set forth in subsection (a) of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate shall be considered as having received 100% of the vote for that party’s presidential primary election automatically upon the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the party’s nomination, no election shall be held for that party’s nomination.
15 Del. C. § 1703 — Delaware Code / Title 15 / Chapter 17 / Section 1703
§ Â
        1703. Duty of officers to notify Department of facts suggesting voter disqualification.
Status: in_force

The clerk or prothonotary of any court in this State having jurisdiction of felonies shall, when a person is convicted of a crime deemed by law a felony, notify immediately the Department and the State Election Commissioner. Such notification shall include a full, complete and accurate copy of the record of the name, present residence and last previous residence, date of birth, and Social Security number if available of each individual of voting age who has been convicted of a felony.
15 Del. C. § 7501 — Delaware Code / Title 15 / Chapter 75 / Subchapter I / Section 7501
§ Â
        7501. Applicability.
Status: in_force

Subchapters II and III of this chapter shall apply to the City of Wilmington and subchapter IV of this chapter shall apply to all other municipalities meeting the definition of “municipal corporation” in § 801(3) of Title 22 except those whose powers are vested in a Town Meeting or Town Assembly consisting of all eligible voters, residents, and/or leaseholders in the municipality, including Arden, Ardentown, and Ardencroft, and excepting the Board of Public Works of the City of Lewes, the New Castle Municipal Service Commission.
15 Del. C. § 7108 — Delaware Code / Title 15 / Chapter 71 / Section 7108
§ Â
        7108. Term of office of one elected to fill vacancy.
Status: in_force

The person elected to fill a vacancy in the General Assembly shall hold office for the residue of the term.
15 Del. C. § 2034 — Delaware Code / Title 15 / Chapter 20 / Subchapter IV / Section 2034
§ Â
        2034. Rejection of mail registration.
Status: repealed

Repealed by 70 Del. Laws, c. 188, § 18, effective Oct. 1, 1995.
15 Del. C. § 4513 — Delaware Code / Title 15 / Chapter 45 / Section 4513
§ Â
        4513. Substitute polling places.
Status: in_force

If at any time it becomes impracticable to hold an election in the public building designated by the Department for any election district or districts, the Department may designate another public building as near as can be conveniently obtained to the place previously selected. In such event, sufficient public notice thereof shall be given by suitable news media.
15 Del. C. § 6104 — Delaware Code / Title 15 / Chapter 61 / Section 6104
§ Â
        6104. Commissionerâs review of application.
Status: repealed

(a) If the applicant has been convicted of a felony which is not disqualifying, the State Election Commissioner shall request that the Department of Correction review its records to determine if all sentences of imprisonment and community supervision imposed upon the applicant have been fully discharged.

(b) [Repealed.]

(c) Where it has been determined that the applicant was convicted of a felony which is not disqualifying, has fully discharged all imposed sentences, and otherwise meets all constitutional requirements, the applicant shall be permitted to register as a qualified voter. Each stage of the review process shall be completed within a reasonable time.

(d) Where the State Election Commissioner determines from information received from the Department of Correction that the applicant has not fully discharged all sentences or that other questions or issues relating to the applicant’s eligibility are still unresolved, the Commissioner shall deny the application for registration. Upon denial of an application under this section, the applicant shall be notified by mail.
15 Del. C. § 3103 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3103
§ Â
        3103. Filing fees.
Status: in_force

(a) Filing fees for primary election for candidates for any office of any political party shall be set in the following manner:

(1) Candidates for statewide office shall be set by the state executive committee of the respective political party;

(2) Candidates for county or countywide office and members of the General Assembly shall be set by the county executive committee of the respective political party of the county in which the contest is to be held;

(3) Candidates for municipal office for any municipality which holds its election at the time of the general election shall be set by the city executive committee of the respective political party of the city in which the contest is to be held.

(b) The filing fee shall not be greater than 1% of the total salary for the entire term of office for which the candidate is filing except for candidates who fulfill the requirements of subsections (d) and (e) of this section.

(c) The state chair, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department of the amount of the filing fee set pursuant to this section. The notification shall be no later than July 1 of each general election year.

(d) A person who establishes indigency to the Commissioner may, in lieu of the filing fee, present a nomination petition by the deadline for notification of candidacy, in a form prescribed by the State Election Commissioner, bearing the signatures, in the manner hereinafter prescribed, of 1% of the persons who, at the time such petition is presented, are registered voters in all of the election districts in which such candidate would appear on the ballot. Each person who signs a nomination petition shall sign but 1 such petition for each office to be filled, and must be a registered member of the party designated in such petition; provided however, that where there are to be elected 2 or more persons to the same office, each signer may sign petitions for as many candidates for such office, as, and no more than, the signer could vote for at the succeeding election. Each signer of such petition shall declare the signer’s street address, the date of signature and that the signer is a registered voter of the county and of the party therein named. No nomination petition shall be circulated before the year in which the election is to take place, and no signature shall be counted unless it bears a date affixed not earlier than January 1 of the year in which the election is to take place. Said nomination petition may be on 1 or more sheets, and different sheets must be used for signers who reside in different counties. If more than 1 sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively. Each sheet shall bear the affidavit of the person responsible for circulating the petition that to the best of affiant’s knowledge and belief, the signers are registered voters in election districts in which such candidate would appear on the ballot and members of the political party of the candidate.

(e) For purposes of this section, a person is “indigent” only if such person is receiving benefits under the Supplemental Security Income Program for Aged, Blind and Disabled under Subchapter XVI of Chapter 7 of Title 42 of the United States Code [42 U.S.C. § 1381 et seq.], or if the Commissioner determines that such person meets the income and resources tests for such benefits under 42 U.S.C. § 1382(a), as applied to Delaware residents. The Commissioner shall require any person who seeks to be treated as indigent under this section to provide such information under oath necessary to determine any claim of indigence, including copies of such person’s personal income tax returns and may require the person to authorize the Commissioner to receive information from banks, the Social Security Administration, credit reporting services and any other source of information as may be necessary to make the determination under this section.

(f) When submitting filing fees, the state, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department whether filing fee checks are to be held in the office where the candidate will file or if they are to be turned over to the respective state, county or city chair of each political party.
15 Del. C. § 4328 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4328
§ Â
        4328. Elector replacement; associated certificates.
Status: in_force

(a) After the vote of this State’s electors is completed, if the final list of electors differs from any list that the Governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. § 5, the Secretary of State immediately shall prepare an amended certificate of ascertainment and transmit it to the Governor for the Governor’s signature.

(b) The Governor immediately shall deliver the signed amended certificate of ascertainment to the Secretary of State and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this State’s certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.

(c) The Secretary of State shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The Secretary of State shall process and transmit the signed certificate with the amended certificate of ascertainment under 3 U.S.C. §§ 9, 10, and 11.
15 Del. C. § 5715 — Delaware Code / Title 15 / Chapter 57 / Section 5715
§ Â
        5715. State senatorial or representative districts.
Status: in_force

(a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows:

(1) For those senatorial or representative districts in which a majority of the election districts are in New Castle County, the President Judge of the Superior Court shall total together the votes cast in each county for each candidate.

(2) For those senatorial or representative districts in which a majority of the election districts are in Kent County, the Chancellor shall total together the votes cast in each county for each candidate.

(3) For those senatorial or representative districts in which a majority of the election districts are in Sussex County, the Resident Judge of Sussex County shall total together the votes cast in each county for each candidate.

(b) The total vote, as ascertained in subsection (a) of this section above shall then be inserted on the certificates of the Court as provided in § 5706 of this title.
15 Del. C. § 5945 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5945
§ Â
        5945. Statement of contestant; contents.
Status: in_force

When any person authorized to do so under this chapter desires to contest the right of any person declared duly elected to such office, that contesting person shall, within 20 days after the result of the election shall have been officially ascertained by the board of canvass, or officers legally authorized to ascertain the same, and at least 60 days before the first day of the term of court at which the contest shall be tried or called for trial, file with the Prothonotary in the county in which the contest is made a full, particular and explicit statement setting forth fully and specifically the names of any and all election officers upon the malconduct of whom the contesting persons will rely and respecting which the contesting person intends to procure evidence, and setting forth the election districts of such election officers and the particular malconduct of each, respectively, the names and residences of the witnesses and the substance of their testimony, by whom the contesting person expects to prove such malconduct. If such contest is based upon ineligibility of a person to hold the office, the statement shall specifically, fully and explicitly state the grounds and causes of the ineligibility of the person whose right to the office is contested. When such contest is based on alleged bribe or reward or the offer of a bribe or reward, the statement shall explicitly, fully and clearly state the name of any elector, election officer or other person to whom any bribe or reward shall have been offered and the time, place and amount of such bribe or reward and the name and residence of the witnesses by whom the contestant expects to prove the offering of any bribe or reward, with a brief statement of their testimony. When the contest shall be on the ground of illegal votes, the statement shall specifically, fully and explicitly set forth the names, residences and respective causes of disqualification of each person alleged to have illegally voted, the polls at which such illegal vote has been received, the names of the election officers favoring the acceptance of such vote, whether such vote was challenged by the duly accredited challenger of the party of which the contestant was the candidate, and whether all the judges or inspectors present at such polls concurred in accepting and receiving such vote. If it appears that all of such judges or inspectors concurred in accepting or receiving such vote or that the right of the voters, respectively, to deposit such votes was not at the time challenged by the duly accredited challenger of the party of which the contestant was a candidate, the legality or illegality of such vote shall not be brought into question in any such contest. The statement shall further set forth the names and residences of the witnesses who shall be produced on behalf of the contestant to prove such illegal votes and the substance of the testimony to be given by each.
15 Del. C. § 4945 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4945
§ Â
        4945. Majority vote of inspector and judges of election.
Status: in_force

The concurrence or assent of a majority of the inspector of election and 2 judges of election in any election district is required for the valid exercise by such persons of any power, authority or duty conferred upon or required of them by this title, unless specifically provided otherwise.
15 Del. C. § 5164 — Delaware Code / Title 15 / Chapter 51 / Subchapter III / Section 5164
§ Â
        5164. Liability of stakeholder for paying election bet.
Status: in_force

If any stakeholder, or person with whom any money or thing, laid as a wager or bet on the result of any election, or on the election or defeat of any candidate or person voted for thereat, shall be deposited, shall at any time either before or after such bet shall have been decided, pay over or deliver to either or both of the persons betting the same, or to any other person by the order or for the use of them, or either of them, the money or thing so illegally betted, every such stakeholder or depository shall forfeit and pay to any person who will sue for the same, double the amount of such wager or bet or double the value of the thing betted.

Either of the persons betting shall be competent witnesses against the stakeholder.
15 Del. C. § 3105 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3105
§ Â
        3105. Procedure when no contest.
Status: in_force

In case there be no contest for any office in any particular election district or districts the department shall be governed accordingly and shall not hold a primary election in any such election district or districts.
15 Del. C. § 8022 — Delaware Code / Title 15 / Chapter 80 / Subchapter III / Section 8022
§ Â
        8022. Leftover funds.
Status: in_force

Any funds remaining in any political committee which has completed its activities and paid all its creditors shall be paid to a successor committee or committees without being subject to the contribution limits set forth in this chapter or shall be donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under § 1902(b)(2) of Title 30 or to any volunteer fire company, and to no other person, except that an amount not in excess of the amount listed in § 8011 of this title may be given to the political party eligible to be listed on any general election ballot under § 3001 of this title. For purposes of this section, the term “successor committee” shall include any political committee, or committees, as that term is defined by § 8002(19) of this title; provided, however, that where the successor committee is one other than a candidate committee formed to promote the election of the same candidate to a different office than that for which the candidate’s original candidate committee was formed, the contribution limits set forth in this chapter shall apply.
15 Del. C. § 5921 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5921
§ Â
        5921. Notice of contest; specification.
Status: in_force

Any person intending to contest the election of any one declared by the Governor to have been chosen an elector of President and Vice President of the United States, shall, within 10 days after such declaration by proclamation of the Governor, give written notice of such intention to the person whose election the contesting person intends to contest and also to the Governor, and within 5 days after the delivery of such notice, shall deliver to the person whose election the contesting person contests and to the Governor written specification of the grounds upon which the contesting person intends to contest the election of the person so declared to have been elected. If 1 of the grounds shall be that illegal votes were given at such election for the person declared to have been elected then such specification shall particularly set forth the name of each alleged illegal voter, with the several objections to the legality of that voter’s vote, and shall also distinctly set forth and state the election district at which the alleged illegal vote was cast.
15 Del. C. § 5122 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5122
§ Â
        5122. Disclosures by election officers; penalty.
Status: in_force

Whoever, being an election officer:

(1) Reveals to any person how any elector has voted or what persons were voted for by any elector on any ballot; or

(2) Gives any information concerning the appearance of any ballot voted or envelope used;

shall be fined not more than $500 and imprisoned not less than 2 nor more than 5 years.
15 Del. C. § 7583 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7583
§ Â
        7583. Validity of absentee voterâs ballot for wrong municipal election district.
Status: in_force

If an absentee voter marks and returns an absentee ballot for a municipal election district other than the 1 of which the absentee voter is a duly registered elector, such ballot, because thereof, shall not be adjudged invalid, but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the municipal election district.
15 Del. C. § 2109 — Delaware Code / Title 15 / Chapter 21 / Section 2109
§ Â
        2109. Alternate registrars.
Status: in_force

All the powers and duties conferred or enjoined upon registration officers by this chapter are expressly made the powers and duties of all alternate registration officers in the absence of any registration officer from that registration alternate officer’s election district or the registrar’s disability to perform the duties imposed upon such registration officer by this chapter.
15 Del. C. § 3113 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3113
§ Â
        3113. Nominating conventions.
Status: in_force

The method of nominating candidates for the national Electoral College, for offices within a particular political party and for formulation of the party platform may be by convention.
15 Del. C. § 5142 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5142
§ Â
        5142. Requiring unauthorized oath; penalty.
Status: in_force

Whoever, being an election officer or other person, administers or causes to be administered to any legal voter any oath or affirmation not authorized by the Constitution or laws of this State for that purpose as a prerequisite or condition of voting at any election, except when such oath or affirmation is administered in order to satisfy such election officer or other person that such vote is a legal vote according to the Constitution and laws of this State, shall for each such offense be fined not less than $500 nor more than $1,000 and imprisoned 10 days.
15 Del. C. § 5144 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5144
§ Â
        5144. Unauthorized release of absentee vote information; penalty.
Status: in_force

(a) Any person who knowingly or intentionally releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the first degree and shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.

(b) Any person who recklessly releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the second degree and shall be fined not more than $200 and may be imprisoned not more than 1 year.
15 Del. C. § 2063 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2063
§ Â
        2063. Pickup and return of materials.
Status: in_force

(a) The entity shall pick-up the voter registration applications, forms and other required materials as directed by the State Election Commissioner.

(b) An entity conducting a voter registration drive shall deliver all completed applications, unused applications, voided or damaged applications, completed forms and all excess materials to the location directed by the State Election Commissioner within 5 days of the completion of the drive except as required elsewhere in this section.

(c) An entity operating a continuing voter registration activity shall deliver all completed applications and any voided or damaged applications at least once every 5 working days to the location directed by the State Election Commissioner except as required elsewhere in this section.

(d) The entity shall return any application completed prior to the close of eligibility for a primary election or prior to the close of voter registration before a general election no later than 4:30 p.m. on those respective days to the location or locations directed by the State Election Commissioner.

(e) The Commissioner may fine any entity that fails to comply with the requirements of this section up to $1,000 and deny them permission to conduct an organized voter registration drive or otherwise be involved in the voter registration process for a period of up to 5 years.
15 Del. C. § 7553 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7553
§ Â
        7553. Notices; posting; publishing; deadlines, election calendar.
Status: in_force

(a) For each election of members of the municipal government, a municipality shall post a Notice of Election conspicuously within the municipality no later than 20 days prior to the date of the election. Such notice shall include the date, time and location of the election, the candidates for each office on the ballot and the qualifications to vote in the election. In municipalities that allow nonresident voting, those municipalities may notify the electorate by any appropriate means, such means to be stated in the municipality’s charter or code.

(b) For each election of members of the municipal government, a municipality shall post a Notice of Solicitation of Candidates conspicuously within the municipality 20 days prior to the filing deadline for the offices up for election. Such notice shall include the term or terms of each office up for election, the deadline and procedure for declaring candidacy for an office up for election and the qualifications for holding each office.

(c) For any municipal election where subchapters IV or V of this chapter or the municipality permits absentee ballots, all notices required by this section shall include information about how to obtain an absentee ballot.

(d) A municipality shall post the notices required by this section, at minimum, in compliance with the Delaware Freedom of Information Act, Chapter 100 of Title 29.

(e) A municipality shall post all election notices on its website if the municipality has a website.

(f) Within 3 business days of posting election notices pursuant to subsections (a) and (b) of this section, a municipality shall provide a copy of each election notice to the Department of Elections. The Department of Elections may reject any election notice that is filed late or that is materially incorrect. If such rejection results in the violation of subsection (a) or (b) of this section, the municipality shall reschedule the election in accordance with this section.
15 Del. C. § 4324 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4324
§ Â
        4324. Pledge.
Status: in_force

Each elector nominee and alternate elector nominee of a political party shall execute the following pledge:

“If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.”

Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge:

“If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate’s vice-presidential running mate.”

The executed pledges must accompany the submission of the corresponding names to the Secretary of State and State Elections Commissioner.
15 Del. C. § 5705 — Delaware Code / Title 15 / Chapter 57 / Section 5705
§ Â
        5705. Certificates of the results of the election; number required.
Status: in_force

(a) After the state of the election has been ascertained by calculating the votes, the Court shall make, under the seal of the Court, the certificates of the results of the election as provided in this section and §§ 5706 and 5707 of this title.

(b) The number of such certificates to be prepared by the Court for each office shall be as follows:

Electors for President and Vice-President of the United States, 3;

Governor, 4;

Lieutenant Governor, 4;

Senator in the Senate of the United States, 2;

Representative in the House of Representatives of the United States, 2;

Attorney General, 4;

Insurance Commissioner, 4;

State Treasurer, 4;

Auditor of Accounts, 4;

Senator to the General Assembly, 2 for each Senator;

Representative to the General Assembly, 2 for each Representative;

Clerk of the Peace, 2;

Register of Wills, 2;

Recorder, 2;

Levy Court Commissioner, 1 for each Commissioner;

Receiver of Taxes and County Treasurer, 1;

Sheriff, 2;

County Executive of New Castle County, 1;

County Council member of New Castle County, 1 for each Council member;

County Council member of Sussex County, 1 for each Council member.
15 Del. C. § 5927 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5927
§ Â
        5927. Superior Court for Kent County declared a special board of canvass to hear contest.
Status: in_force

The Superior Court for Kent County is continued and declared to be a special board of canvass to hear and determine all contests of elections of electors of President and Vice President with power to regulate and determine the mode of procedure, and all other matters pertaining thereto as may be necessary in carrying out the provision of this subchapter and the Act of Congress fixing the day of the meeting of electors. The Governor whenever a notice of contest is served upon the Governor shall immediately make proclamation convening such Superior Court in special session at the Courthouse in Dover on a day to be by the Governor named, which shall not be later than December 20, next succeeding the day of the election in the year in which the election was held.
15 Del. C. § 5521 — Delaware Code / Title 15 / Chapter 55 / Section 5521
§ Â
        5521. Federal write-in absentee ballot; acceptance; combined request for registration and ballot submission.
Status: repealed

(a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(7) of this title may:

(1) Use the federal write-in absentee ballot (FWAB) in any election for local, state, or federal offices in this State;

(2) Write on the FWAB the name of a specific candidate for whom the elector wants to vote, the name of the political party of a candidate for a specific office for whom the elector wants to vote, or the name of the political party of all candidates for all offices for whom the elector wants to vote;

(3) Use the FWAB transmission envelope as a registration request simultaneously with the submission of the FWAB if:

a. The voter is otherwise eligible to vote by absentee ballot in this State; and

b. The completed ballot is received no later than the 3rd Monday prior to the date of the election.

(b) [Repealed.]

(c) A person eligible to vote by FWAB may return the ballot, eligibility information and signed oath by electronic transmission. Any person returning the FWAB electronically is deemed to have acknowledged that there may be situations where the secrecy of that person’s ballot cannot be guaranteed.
15 Del. C. § 2052 — Delaware Code / Title 15 / Chapter 20 / Subchapter VII / Section 2052
§ Â
        2052. Statistical compilations.
Status: in_force

The Department of Elections shall collect, maintain and publish statistical data reflecting the number of electors enfranchised pursuant to this subchapter by each of the voter registration agencies created herein.
15 Del. C. § 7321 — Delaware Code / Title 15 / Chapter 73 / Subchapter II / Section 7321
§ Â
        7321. Vacancy; temporary appointment; term.
Status: in_force

Whenever a vacancy shall happen by death, resignation or otherwise in the office of Senator from this State in the Senate of the United States, the Governor may make a temporary or ad interim appointment from among the qualified electors of this State of some person to fill such vacancy until the same shall be filled at the next ensuing general election in the manner prescribed by law. The office of such temporary appointee shall terminate upon the election, under this title, of a Senator from this State in the Senate of the United States to fill the vacancy.
15 Del. C. § 1304 — Delaware Code / Title 15 / Chapter 13 / Section 1304
§ Â
        1304. Update of records when election district divided; procedure.
Status: in_force

Upon splitting of an election district in accordance with this title, the department having jurisdiction shall update the records of the affected voters in the State’s Election Management System. The department having jurisdiction shall then determine whether or not to update the affected voters registration records in the county master file. The registration of any voter shall not be invalidated nor shall the right of any registered voter be prejudiced due to any error that occurred during this process.
15 Del. C. § 5012A — Delaware Code / Title 15 / Chapter 50A / Section 5012A
§ Â
        5012A. Audits; audit discrepancy procedure.
Status: in_force

(a) For purposes of this section, “audit” means counting by hand the votes on each paper ballot from a voting device and comparing the paper ballot totals to the totals kept by the voting device electronically.

(b) Within 48 hours of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall audit the results of 1 randomly selected voting device in each county and 1 randomly selected election district in the City of Wilmington.

(c) Within 60 days of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall conduct an audit of all such elections, as follows:

(1) The Department shall audit all results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington. An election district selected for audit under this paragraph (c)(1) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(2) of this section.

(2) The Department shall audit the results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington in 1 randomly selected statewide race. An election district selected for audit under this paragraph (c)(2) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(1) of this section.

(d) The Department shall conduct an audit under this section in public.

(e) Within 60 days of an audit under this section, the Department shall do all of the following:

(1) Publish a report containing the results of the audit conducted under this section.

(2) Post the report on the Department’s website.

(f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a discrepancy, including all of the following:

(1) The thresholds that trigger the Department or others to take a specific action.

(2) The specific actions to be taken by the Department or others once a threshold is triggered.

(3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.
15 Del. C. § 4972 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4972
§ Â
        4972. Rules regarding what constitutes a legal vote.
Status: in_force

(a) Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast a ballot. A voter who has cast a ballot on a voting device may not be permitted to cast a second ballot under any circumstances. The paper ballot reflecting the voter’s choices is the legal ballot of record.

(b) Votes cast at any election on voter-marked paper ballots must be counted for whom the votes are intended as far as can be ascertained by the marks on the ballot. The following rules must be observed in determining those votes on paper ballots that must be counted:

(1) The voter shall mark the ballot for the voter’s selections as instructed.

(2) Where a voter indicates the voter’s own selections in a manner not in accordance with paragraph (b)(1) of this section, the election officers shall attempt to determine from the marks on the ballot the candidate or response that the voter intended to select.

(3) If it is not possible to determine a voter’s choice for an office or response to a question, the ballot may not be counted for that office or question but must be counted for all other offices and questions on the ballot where the voter’s intention can be determined.

(4) A voter may only vote for 2 or more choices for any office or question when specifically instructed on the ballot that it is allowable.

(5) Where a voter is permitted to make more than 1 choice for candidates and or responses to a question, the voter may make fewer than the allowable number of choices.

(6) If a ballot is marked for more names or responses than are permitted, it must not be counted for that office or question, but it must be counted for all other offices or questions on the ballot in accordance with the rules under this section.

(7) If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for 1 or more offices or questions, it must not be counted for the offices or questions but must be counted for all other offices and questions where the voter’s choice or choices can be determined.

(8) The misspelled, incomplete, or minor variation of the name of a declared write-in candidate for an office must be counted if the name as written bears a reasonable resemblance to the declared candidate’s name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter’s intention. Additionally, writing in the last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more candidates for that office with the same last name.

(9) Writing in the name of either candidate for President or Vice President constitutes a valid vote for the slate.
15 Del. C. § 4912 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4912
§ Â
        4912. Procedure prior to opening of polls.
Status: in_force

(a) The election officers of each election district shall arrive at the polling place 1 hour before the time set for opening of the polls and shall prepare the polling place for the conduct of the election. The election officers shall post conspicuously within the polling place an instruction poster and 2 sample ballots.

(b) The election officers shall verify that the correct devices are in the polling place and that the serial numbers match the numbers on the certificate provided by the Department. The election officers shall report any irregularities with the devices to the Department office in the county where the voting device is located.

(c) The election officers shall observe the opening of the polls procedure for each voting device and ensure that the public counts and the card counts are zero.
15 Del. C. § 3161 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3161
§ Â
        3161. Voting procedure [Effective until fulfillment of 85 Del. Laws, c. 63, Â 14(f)].
Status: in_force

(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration record whether the voter’s party affiliation is the same as the party holding the primary election, and, if they are not the same, the voter shall not be permitted to vote in the primary election.

(b) Notwithstanding any provision to the contrary, if a qualified unaffiliated voter who is registered to vote for the first time pursuant to § 2050A of this title appears at a primary election and indicates the intent to enroll in the party holding the primary election, such voter shall be enrolled immediately in that party and be permitted to cast a regular ballot for the primary election.(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration record whether the voter’s party affiliation is the same as the party holding the primary election, and, if they are not the same, the voter shall not be permitted to vote in the primary election.

(b) [Repealed.]
15 Del. C. § 4977 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4977
§ Â
        4977. Persons authorized to be present during the count and tabulation.
Status: in_force

Any candidate and any duly accredited challenger may be admitted to the voting room after the closing of the polls to observe the counting and tabulation of votes. Such persons shall be afforded the full opportunity to examine the ballot, results tapes from each voting machine, voting machine certificates and the tally sheets.
15 Del. C. § 7711 — Delaware Code / Title 15 / Chapter 77 / Section 7711
§ Â
        7711. Printing of ballots; to whom delivered; additional ballots.
Status: in_force

The Department shall cause to be printed and distributed the ballots for the election of delegates in the quantity and in the manner provided by law for general elections; provided that such ballots as are required under the election laws to be delivered to the chairs of the various political parties shall, in lieu thereof, be distributed to the various nominees as equally as possible, and provided further that the Department, in addition to the ballots mentioned in this section, shall cause to be printed such further number of ballots as shall be directed by any nominee in any county; provided, however, that the Department shall not have printed any ballots upon the order or request of any nominee, unless the request shall have been made to him or her in writing at least 10 days prior to the holding of the election at which the ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the nominees shall be delivered to the nominees or to their agents upon their request or order at least 5 days before the election at which the ballots are to be used.
15 Del. C. § 7306 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7306
§ Â
        7306. Conduct of special election.
Status: in_force

Notwithstanding the provisions of this subchapter, a special election for Representative in Congress shall be conducted in the same manner and form and under the same regulations in all respects as a special election to supply a vacancy in either house of the General Assembly, and the votes given in each county shall be calculated, ascertained and certified at the same time and place and in like manner and by the same method and regulation as in case of such special election.
15 Del. C. § 5908 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5908
§ Â
        5908. Execution when costs are to be paid by contestant.
Status: in_force

Any order for the payment of costs by the contestant shall be enforced by a writ issued by the Speaker or President, as the case may be, of the house in which such election was contested to the Sheriff of Kent County, directing the Sheriff of Kent County to levy and make the amount thereof of the goods and chattels, lands and tenements of the petitioner, under which writ the Sheriff shall sell the same, or such part thereof as may be necessary to satisfy the writ, upon 15 days’ notice posted as required in cases of sale on execution process, and shall pay over the amount by the Sheriff of Kent County received upon the writ to the State Treasurer for the purpose of reimbursing to the Treasury the sums drawn therefrom to pay the costs of the contested election.
15 Del. C. § 5137 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5137
§ Â
        5137. Disobeying election officers; penalty.
Status: in_force

Whoever wilfully disobeys any lawful command of any election officer, given in the execution of such officer’s duty as such at any election, shall be fined not more than $200 or imprisoned not more than 1 year, or both.
15 Del. C. § 4302 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4302
§ Â
        4302. Proclamation of number to be chosen.
Status: in_force

The Governor in October next preceding every election of presidential electors shall by proclamation make known the number of presidential electors to be chosen and the day of the election.
15 Del. C. § 5620A — Delaware Code / Title 15 / Chapter 56A / Section 5620A
§ Â
        5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules relating to logic and accuracy testing of mail ballot tabulating machines.

(b) Rules promulgated under this section must ensure all of the following:

(1) All machines are thoroughly tested immediately following maintenance and programming to determine all of the following:

a. The voting system is properly programmed.

b. The election is correctly defined on the voting system.

c. All of the voting system input, output, and communication devices are working properly.

(2) Any machine deemed unsatisfactory is recoded, repaired, or replaced and must be retested.

(3) Machines are publicly tested before use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election.

(4) Public notice of public tests is given at least 7 days before the tests being conducted.

(5) The resetting and sealing of each publicly-tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who is in attendance.

(6) Each publicly-tested machine is secured following the test in a state of readiness until the day of the election.

(7) Records are kept of all pre-election testing of each mail ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during the testing.
15 Del. C. § 5922 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5922
§ Â
        5922. Specification in answer.
Status: in_force

The person declared to have been elected and who has received notice of contest shall, within 10 days after receiving specification of the grounds of contest, deliver to the person so contesting the elected person’s election, and to the Governor, a like specification of objections to the right of the contestant to be declared an elector, and in such specification may also state any other ground upon which the elected person rests the validity of the elected person’s election.
15 Del. C. § 7577 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7577
§ Â
        7577. Procedure on receipt of ballot envelope by municipality.
Status: in_force

(a) Upon receipt of a ballot envelope the municipality, or a person authorized by the municipality, shall:

(1) Ascertain the names of each elector as they appear on the face of each ballot envelope;

(2) Ascertain from the information on the ballot envelope the municipal election district with whose votes the ballot within it shall be tallied; and

(3) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is counted.

(b) No agent or employee of the municipality shall open or attempt to open the ballot envelope, or change or alter or attempt to change or alter the ballot envelope, or any writing, printing or anything whatsoever thereon.
15 Del. C. § 2048 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2048
§ Â
        2048. Change of name.
Status: in_force

(a) A registered voter who has legally changed such voter’s own name by marriage or other legal means should apply to update such voter’s voter registration record with the new information.

(b) Such registered voter may apply to update such voter’s record on the day of a primary, general or special election at the polling place for the election district where such voter is registered or at the polling place for the election district for such voter’s new address in accordance with procedures as set forth by the State Election Commissioner.

(c) The State Election Commissioner shall set forth the procedures to implement subsection (b) of this section above in collaboration with the Department.

(d) Deadlines for registering to vote shall not apply to changes of name.
15 Del. C. § 2043- 2044 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2043- 2044
§ ÂÂ
        2043, 2044.  No transfer to be made without an application; examination under oath and registration.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 29, effective Feb. 1, 2010.
15 Del. C. § 303 — Delaware Code / Title 15 / Chapter 3 / Section 303
§ Â
        303. Duties upon receipt of a registration application.
Status: in_force

(a) Upon receipt of a registration application from the Department, the State Election Commissioner shall have the registration application verified for completeness and accuracy. If the Commissioner’s staff identifies a discrepancy with the application, the Department shall be notified and then correct the discrepancy.

(b) The State Election Commissioner shall use appropriate technology to maintain a permanent record of each registration application. Paper applications shall be retained for a minimum of 24 months and then maintained in accordance with the appropriate document retention schedule. A permanent copy of each electronic transaction shall be retained.

(c) The State Election Commissioner, in collaboration with the Department, may establish a program where the Department may create and archive an image of each paper registration application.
15 Del. C. § 4706 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4706
§ Â
        4706. Vacancies; alternates.
Status: in_force

The Department shall appoint replacements for election officers who are unable to perform their duties due to illness, disability or for any other reason.
15 Del. C. § 5526 — Delaware Code / Title 15 / Chapter 55 / Section 5526
§ Â
        5526. System for voters to determine status of their absentee ballots.
Status: in_force

The State Election Commissioner, in collaboration with the Department offices, shall establish a free access system accessible via the Internet through which a person who applied for an absentee ballot can determine whether or not the ballot application was received, when the ballot was transmitted, when the voted ballot was received by the Department, and whether or not the ballot was counted.
15 Del. C. § 2002 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2002
§ Â
        2002. Appearance of registration officers for taking of oath and instruction.
Status: in_force

Each person appointed under § 2001 of this title shall appear before the Department to qualify by taking and subscribing to the prescribed oath (or affirmation) and to receive suitable instruction after due notice from the Department, which shall be given at least 7 days before the times appointed for the appearance of the registration officers. No person shall be excused from the obligation unless that person shall have become disqualified by sickness, disability or otherwise.
15 Del. C. § 5618A — Delaware Code / Title 15 / Chapter 56A / Section 5618A
§ Â
        5618A. Required records [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The Department shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records must include all of the following entries:

(1) The name of the elector.

(2) The address at which elector is registered.

(3) The address where the ballot is to be mailed.

(4) The date the application for a mail ballot is received by the Department.

(5) The elector’s election district and representative district.

(6) The ballot envelope identification number.

(7) The date the ballot is mailed or delivered to the elector.

(8) The date the ballot is returned.

(b) (1) The Department shall compile from its files a list of names and addresses of all applicants for mail ballots and shall send current and complete copies of this list, without cost, to all political parties with candidates on the ballot in the forthcoming election.

(2) The Department shall provide the lists under paragraph (b)(1) of this section no later than 2 weeks before the date of the election and copies of the lists must be mailed on the same date to the respective chairs of each political party involved in the election.

(3) The Department shall also make available to representatives of all political parties, comparable information from the file for the list under paragraph (b)(1) of this section, at each office of the Department during the remaining 2 weeks before the election. This information may be recorded by representatives from the political parties from the daily records of the Department with the cooperation and assistance of Department employees.
15 Del. C. § 201 — Delaware Code / Title 15 / Chapter 2 / Section 201
§ Â
        201. State Department of Elections.
Status: in_force

There is hereby established a State Department of Elections, which shall be vested with all of the powers and duties previously vested in the respective departments of elections for New Castle County, Kent County and Sussex County, as well as such other powers and duties as set forth in this title.
15 Del. C. § 7710 — Delaware Code / Title 15 / Chapter 77 / Section 7710
§ Â
        7710. Alternates.
Status: in_force

Candidates for nomination not nominated as provided in §§ 7706-7708 of this title shall be deemed to be alternates to the nominees in their respective groups in the order of the number of signatures which they have respectively received upon their nominating petitions and in the event of the death, resignation or removal of any nominee, the first alternate shall take his or her place as nominee, and so on, ties to be decided by lot drawn by the Department. In the event of the death, resignation or removal of any nominee after the printing of the ballots for such election, the Department shall provide the election officers of each election district with a number of pasters containing only the name of such nominee, at least equal to the number of ballots provided for each election district and the clerks of election shall put 1 of such pasters in a careful and proper manner in the proper place on each ballot before they shall deliver the same to voters.
15 Del. C. § 4947 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4947
§ Â
        4947. Time and manner of closing election.
Status: in_force

The election shall be continued open until 8:00 p.m. when it shall be closed. In closing the election the inspector and the judges shall, nevertheless, permit those electors to vote who have presented themselves and have offered to vote prior to 8:00 p.m., provided that at 8:00 p.m. they shall be in a line awaiting their turn to vote within the voting room itself or if the line extends outside of the voting room itself within that line; any person who has not voted or who has not presented himself or herself and offered to vote and is not waiting in line by 8:00 p.m. shall not be permitted to vote after the hour of 8:00 p.m. The inspector shall one-half hour before closing the election make proclamation that the election will be closed in that time.
15 Del. C. § 7572 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7572
§ Â
        7572. Request for ballot; statement for absentee ballots; delivery of absentee ballots.
Status: repealed

(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the municipality where the elector is qualified to vote by filing a written statement with the municipality no later than 12:00 noon the day before the election.

(b) A statement may be filed pursuant to this section by mailing it, delivering it, or causing it to be delivered to the municipality where the elector is qualified to vote.

(c) Statements filed pursuant to this section shall:

(1) Indicate the election or elections for which the elector is requesting an absentee ballot;

(2) Include at least the following information:

a. The elector’s name;

b. The address within the municipality at which the elector establishes eligibility to vote;

c. The address to which the elector requests that the absentee ballot be mailed;

d. The elector’s date of birth;

e. The elector’s expected location on election day;

f. The reason that the elector cannot appear at the regular polling place on the day of the election which reason shall be any of the reasons listed in § 7571 of this title.

g. A telephone number, if available, to assist in resolving any challenge;

h. An e-mail address, if available, to assist in resolving any challenge; and

i. The elector’s signature;

(3) Be subscribed and sworn to by the elector.

(d) [Repealed.]

(e) The State Election Commissioner shall create an absentee statement template that municipalities shall use in creating their own absentee statement by adding additional reasons that a person may vote by absentee ballot. The State Election Commissioner shall also designate envelopes and create a set of instructions for voters casting their votes by absentee ballot that municipalities may use to comply with the provisions of this subchapter.

(f) The municipality may adopt a printed or electronic statement form (or both), containing blanks associated with each item required by this section to be listed on a statement, which may be completed by any elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request to the municipality for the municipality prepared statement form, which the municipality shall forward to the elector upon receipt of a request therefore.
15 Del. C. § 1708 — Delaware Code / Title 15 / Chapter 17 / Section 1708
§ Â
        1708. Correction of errors.
Status: in_force

(a) Department personnel, upon approval of the appropriate supervisor, may correct errors on a person’s voter registration record as necessary to maintain a complete and accurate voter registration list.

(b) The State Board of Elections shall approve any change in the year of birth of a registrant where there is a difference between the year submitted on a previous registration application and the year submitted on the most current registration application. The Board may, if deemed appropriate, refer such discrepancies to the Attorney General or the State Election Commissioner for investigation; provided, however, that any discrepancy referred to the State Election Commissioner shall also be referred to the Attorney General.
15 Del. C. § 5302 — Delaware Code / Title 15 / Chapter 53 / Section 5302
§ Â
        5302. Abetting or counseling military interference with elections; penalty.
Status: in_force

Whoever, being a citizen or inhabitant of this State, aids, abets, procures, advises, counsels or in any manner assists or is guilty of military interference in any manner with the freedom of any election in this State shall be guilty of felony, and shall be fined not less than $1,000 nor more than $10,000 and imprisoned not less than 1 nor more than 5 years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
15 Del. C. § 7308 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7308
§ Â
        7308. Costs of the special election.
Status: in_force

The Office of Management and Budget shall transfer sufficient funds to cover the cost of the special election to the State Election Commissioner, the Department and Superior Court not later than 5 business days following issuance of the writ.
15 Del. C. § 7303 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7303
§ Â
        7303. Writs of election.
Status: in_force

The Governor shall issue writs of election to the Department reciting the vacancy and commanding the Department to cause an election to be held in its county on the day mentioned in the writ, at the place by law prescribed for holding the general election in its county, for choosing a Representative in place of the Representative whose seat shall so have become vacant, which writ shall be delivered to the Department at least 60 days before the day therein appointed for holding the election.
15 Del. C. § 2306 — Delaware Code / Title 15 / Chapter 23 / Section 2306
§ Â
        2306. Notice to Attorney General of violations of registration laws.
Status: in_force

The Department shall notify the Attorney General of all violations of the registration laws.
15 Del. C. § 5924 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5924
§ Â
        5924. Delivery of documents to special board of canvass.
Status: in_force

The notice and specification which have been delivered to the Governor shall be delivered by the Governor to the special board of canvass provided for in § 5927 of this title, together with the certificates of the votes given for each person voted for for elector as returned to the Governor by the respective boards of canvass under Chapter 57 of this title on the first day of the assembling of the special board of canvass.
15 Del. C. § 5136 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5136
§ Â
        5136. Tampering with ballots or deceiving voters; penalty.
Status: in_force

Whoever:

(1) Fraudulently changes or alters the ballot of any elector, or substitutes 1 ballot for another, or fraudulently furnishes any elector with a ballot containing more than the proper number of names; or

(2) Intentionally practices any fraud upon any elector to induce the elector to deposit a ballot as that elector’s own vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote; or

(3) Otherwise defrauds the elector of the elector’s vote,

shall be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 4515 — Delaware Code / Title 15 / Chapter 45 / Section 4515
§ Â
        4515. Payment procedures.
Status: in_force

The Department following an election conducted under this title shall ascertain the amount due to each election officer for that election officer’s service and promptly pay them. The Department may combine the pay for a primary and a general election. Election officers shall be paid no later than December 15 in the year of a general election.
15 Del. C. § 7546 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7546
§ Â
        7546. Definitions.
Status: in_force

For the purposes of this subchapter, the following terms shall have the meanings described herein:

(1) “Clerk of the Peace” shall mean the Clerk of the Peace for New Castle County.

(2) “County” shall mean New Castle County.

(3) “County Council” shall mean the New Castle County Council.

(4) “County Executive” shall mean the New Castle County Executive.

(5) “Parcel” shall have the meaning set forth in § 101A(c)(4) of Title 22.

(6) “Territory” shall have the meaning set forth in § 101A(c)(6) of Title 22.
15 Del. C. § 4307 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4307
§ Â
        4307. United States Senator.
Status: in_force

A Senator from this State in the Senate of the United States shall be chosen by election at the general elections held in 1954 and in every sixth year thereafter and in 1958 and in every sixth year thereafter. The election of a United States Senator shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects as the general election for the same year.
15 Del. C. § 5000A — Delaware Code / Title 15 / Chapter 50A / Section 5000A
§ Â
        5000A. Electronic voting system use.
Status: in_force

In any general, special, or primary elections, an electronic voting system must be used and must comply with the requirements of this chapter.
15 Del. C. § 3401 — Delaware Code / Title 15 / Chapter 34 / Section 3401
§ Â
        3401. Write-in candidates in general.
Status: in_force

Except as otherwise provided in this title, if the name of the person for whom a voter desires to vote does not appear on a general or special election ballot, the voter may write in the name of that person.
15 Del. C. § 4327 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4327
§ Â
        4327. Elector voting.
Status: in_force

(a) At the time designated for elector voting and after all vacant positions have been filled under § 4326 of this title, the Secretary of State shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector’s presidential and vice-presidential ballots with the elector’s votes for the offices of President and Vice President, respectively, along with the elector’s signature and the elector’s legibly printed name.

(b) Except as otherwise provided by law of this State other than this subchapter, each elector shall present both completed ballots to the Secretary of State, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under § 4324 or § 4326(c) of this title. Except as otherwise provided by law of this State other than this subchapter, the Secretary of State may not accept and may not count either an elector’s presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector’s pledge.

(c) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge executed under § 4324 or § 4326(c) of this title vacates the office of elector, creating a vacant position to be filled under § 4326 of this title.

(d) The Secretary of State shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this State’s electoral votes have been cast and recorded.
15 Del. C. § 3106 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3106
§ Â
        3106. Filing of candidacy for nomination at a primary election; withdrawal.
Status: in_force

(a) Any person desiring to be a candidate shall give notice in the following manner:

(1) Candidates for statewide office:

a. Any statewide candidate shall notify the chair of the state committee of that statewide candidate’s respective political party, or the chair’s designee in writing, on forms prescribed by the State Election Commissioner on or before the deadline set forth in § 3101(1) of this title.

b. At the time of giving notice as required above, each candidate shall tender the required filing fee, if any, by giving a check to the State Election Commissioner, payable to the state committee of the candidate’s political party, together with a copy of the notice given the party’s state chair. At such time, the Commissioner shall receipt a third copy of said notice, to be provided the candidate.

(2) Candidates for all other offices:

a. All candidates for county or countywide office, members of the General Assembly, or municipal office for any municipality holding its election at the time of the general election shall notify the county chair, or the county chair’s designee, in writing, or the city chair, or the city chair’s designee, if applicable for municipal candidates, of their respective political party in their county of residence on forms prescribed by the State Election Commissioner on or before the deadline under § 3101(1) of this title.

b. At the time of giving notice as required under paragraph (a)(2) of this section, each candidate shall tender the required filing fee, if any, by giving a check to the Department office for the county in which the candidate resides, payable to the county committee of the candidate’s political party, or city committee, if applicable for municipal candidates, together with a copy of the notice given to the party chair. At such time, the Department office shall receipt a copy of the notice to the candidate.

(b) If any of the filing fees mentioned in subsection (a) of this section are not required, each candidate shall still give notice to the Department office for the county in which the candidate resides, as specified in paragraphs (a)(1) and (2) of this section, and the Department office shall receipt a copy of the notice to the candidate.

(c) Any candidate who has filed for nomination under subsection (a) or (b) of this section may withdraw the filing by notifying the Department office with which the candidate filed on forms prescribed by the State Election Commissioner on or before the deadline under § 3101(2) of this title. The Department office for the county in which the candidate resides shall promptly notify the same political party chair who received the original notice of filing. The political party shall return the candidate’s filing fee. If a candidate withdraws after the deadline under § 3101(2) of this title, the candidate shall forfeit the filing fee to the political party.

(d) Following the deadline for withdrawal of candidates, the State Election Commissioner shall promptly turn over any remaining filing fee checks in the possession of the Commissioner. At the same time, the Commissioner shall notify the Department of all those statewide candidates who have qualified under this section. The Department shall also at this time submit to the county chair or city chair any remaining filing fee checks in the possession of the county departments and shall notify the Commissioner of all persons who have qualified as candidates.

(e) Any notice of candidacy or withdrawal of candidacy required by this section shall include the signature of each candidate, together with the candidate’s proper and correct name typed or printed, and the address from which the candidate is registered to vote at the time of filing. Additionally, each candidate shall provide the Commissioner of Elections with proof of their primary residential address in accordance with § 3114 of this title.

(f) At the time of the filing of the notice required by this section, as well as at the time of the primary election, the person filing such notice shall be a registered member of the party whose nomination such person seeks, as shown on the voter rolls of the Department.

(g) All candidates for statewide office, the General Assembly, or any elected county office must request a criminal history background check no earlier than the first date an individual may file as a candidate and no later than the filing deadline from the State Bureau of Identification and provide proof that the criminal history background check has been requested before giving notice under subsection (a) of this section.

(1) A candidate who gives notice under subsection (a) of this section will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (g)(5) of this section.

(2) The State Bureau of Identification must provide the Commissioner within 10 days of the State Bureau of Identification’s receipt of the candidate’s request, a report of the candidate’s criminal history record or a statement that the State Bureau of Identification Central Repository contains no information relating to the candidate.

(3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record, as defined under Chapter 100 of Title 29.

(4) The criminal history background check must be paid for by the candidate but may be reimbursed to the candidate as an authorized campaign expenditure under this title.

(5) The Commissioner must determine, by August 1 of each general election year that a candidate is qualified under § 21 of Article II of the Delaware Constitution before the candidate’s name may be listed on a ballot in a primary election.
15 Del. C. § 4709 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4709
§ Â
        4709. Employment protection.
Status: in_force

(a) If an employee has vacation time accrued and available for use and is not in a critical need position, an employer shall not deprive an employee of employment, nor threaten or otherwise coerce an employee with respect thereto, because the employee is serving as an election officer on an election day or is otherwise serving in accordance with this chapter.

(b) Any employer who violates subsection (a) of this section is guilty of criminal contempt, and upon conviction may be fined not more than $500 or imprisoned not more than 6 months, or both.

(c) If an employer discharges an employee in violation of subsection (a) of this section, the employee may file a civil action in Superior Court within 90 days for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. An employee who prevails shall be allowed a reasonable attorney’s fee fixed by the Court.

(d) The Superior Court shall have original and exclusive jurisdiction over any violation of this section.

(e) For purposes of this section, a “critical need position” is one in the field of public safety, corrections, transportation, health care, utilities, a small business employing 20 or less persons total or is otherwise a necessary position for the business or industry to be in service or operation on election day.
15 Del. C. § 5312 — Delaware Code / Title 15 / Chapter 53 / Section 5312
§ Â
        5312. Compensation of special election officers.
Status: in_force

The special inspectors and clerks elected and appointed under this chapter shall receive the same compensation as inspectors and clerks elected and appointed under the provisions of law for a general election.
15 Del. C. § 3185 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3185
§ Â
        3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.
Status: in_force

Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President of the United States must provide notification of their candidacy pursuant to this subchapter.
15 Del. C. § 3114 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3114
§ Â
        3114. Candidate residency requirements.
Status: in_force

(a) Each candidate shall provide the Commissioner of Elections with the following information and documentation:

(1) A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the candidate’s primary residential address. This affidavit shall state it is being signed by the candidate under penalty of perjury.

(2) Proof of home ownership as evidenced by:

a. A copy of a deed to the candidate’s primary residence,

b. A mortgage payment billing statement verifying the address, or

c. Any other document verifying home ownership for the candidate’s primary residence.

d. If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the owner entity verifying that the candidate is living in the home.

(3) a. If the candidate’s primary residence is rented or leased by the candidate, the candidate must provide proof of residency by providing a signed copy of a current and legally-enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing their notice of candidacy, the candidate must provide a letter, dated within 30 days of filing the notice of candidacy from the property manager or property owner verifying that the candidate is continuing to reside in the residence.

b. If a candidate is primarily residing at a residence without a lease or rental agreement and the candidate’s name does not otherwise appear in the proof of home ownership, the candidate must have the property manager, or property owner sign an affidavit, in a form approved by the Commissioner of Elections, verifying the candidate’s residency in the property.

(4) a. A copy of any currently valid Delaware motor vehicle registration in the candidate’s name showing the candidate’s address.

b. A copy of a current valid Delaware driver’s license in the candidate’s name showing the candidate’s address.

c. If the residential address on either the driver’s license or the motor vehicle registration is different from the candidate’s primary residential address, the candidate must provide documentation from the Delaware Division of Motor Vehicles that the driver’s license or motor vehicle registration is in the process of being changed to the candidate’s primary residential address.

d. If a candidate does not own a motor vehicle or does not have a currently valid Delaware driver’s license, the candidate must submit any other Delaware-issued identification showing the address on the identification is consistent with the address of the candidate’s primary residence.

e. If the candidate has no documentation required under this paragraph (a)(4), the candidate must submit a utility bill in the candidate’s name showing the candidate’s address.

(b) (1) Failure to provide the documents required by this section on or before the deadline to file a notice of candidacy will disqualify a candidate from meeting the residency requirement to be a candidate.

(2) Wilfully submitting false, forged, or altered documents; or coercing, or unduly influencing persons providing affidavit documents will, in addition to any other legal remedy available for such fraudulent act, disqualify a candidate from being a candidate.

(c) (1) The Commissioner shall, within 7 calendar days from the filing of a notice of candidacy and submission of documents, review and verify all documents submitted under this section to confirm the candidate’s primary residential address and that the address is located in the area the candidate seeks to represent. The Commissioner shall advise the candidate in writing of the results of this review.

(2) If the Commissioner determines that there are deficiencies in the documents or that there are missing documents, the Commissioner shall advise the candidate in writing what the deficiencies are or what documents are missing. The candidate will have until the closing date for filing a notice of candidacy or 7 calendar days from the Commissioner’s letter, whichever is later, to cure the deficiencies or submit missing documents.

(3) If the candidate fails to cure the deficiencies or submit the missing documents within the time limits of this section, the Commissioner will provide a letter to the candidate advising the candidate of the failure to meet the requirements of this section and their ineligibility to be a candidate.

(4) If the candidate cures the deficiencies and submits any missing documents, the Commissioner shall advise the candidate in writing that the requirements of this section have been met.

(d) An incumbent elected official who wants to be a candidate for reelection and who has not relocated to a new primary residence after previously complying with this section, shall comply with this section by providing a copy of their current Delaware driver’s license or Delaware identification card and an affidavit stating they have not relocated and all previously supplied documents and information remain true and correct.

(e) For the purposes of this section:

(1) “Commissioner” means the Commissioner of Elections.

(2) “Primary residence” or “primary residential address” means the candidate resides at that address.
15 Del. C. § 7716 — Delaware Code / Title 15 / Chapter 77 / Section 7716
§ Â
        7716. Journal of convention.
Status: in_force

The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment.
15 Del. C. § 4934 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4934
§ Â
        4934. Challengers; appointment and powers.
Status: in_force

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day.

(b) The challengers shall be peace officers with the same powers preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector and judges shall each have the duty to caution the challengers concerning the foregoing and, if the challenger persists, that challenger may be ejected by a majority vote of the judges and the inspector. Provided, further, that nothing in this subsection shall be construed to prevent a substitution of another challenger for one who has been ejected.

(c) If a challenger is ejected as provided in subsection (b) of this section and the inspector or judges who voted for such ejection wilfully voted for ejection without cause, each such inspector or judge so voting shall be deemed to have knowingly and wilfully violated that inspector’s or judge’s official duty.
15 Del. C. § 5503 — Delaware Code / Title 15 / Chapter 55 / Section 5503
§ Â
        5503. Request for ballot; statements for absentee ballots; delivery of absentee ballots.
Status: repealed

(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the Department by filing a handwritten or electronically prepared statement with the Department no later than 12:00 noon the day before the election.

(b) A statement may be filed pursuant to this section by mailing it, delivering it, or causing it to be delivered to the Department.

(c) [Repealed.]

(d) Statements filed pursuant to this section shall:

(1) Indicate the election or elections for which the elector is requesting an absentee ballot;

(2) Include at least the following information:

a. The elector’s name;

b. The address of the elector’s domicile in the State;

c. The address to which the elector requests that the absentee ballot be mailed;

d. The elector’s date of birth;

e. The elector’s Social Security number (optional);

f. The elector’s political party affiliation;

g. The elector’s expected location on election day;

h. The reason that the elector cannot appear at the regular polling place for the elector’s election district on the day of the election, which shall identify at least 1 of the reasons set forth in § 5502 of this title;

i. A telephone number, if available, to assist in resolving any challenge;

j. An e-mail address, if available, to assist in resolving any challenge; and

k. The elector’s signature;

(3) Be subscribed and sworn to by the elector;

(4) Be dated during the calendar year in which the election is to be held, provided that when a presidential primary election is scheduled and the date of the presidential primary election is less than 90 days before January 1 in the year in which a President of the United States is to be elected, the statement shall not be dated more than 90 days before the day of the presidential primary election, and further provided that, for special elections conducted pursuant to Chapter 71 of this title, the statement may be dated as of any date after a writ of election has issued; and

(5) Be promulgated by the State Election Commissioner, in consultation with the Department, and personally approved by the Attorney General of the State; provided however, that the Federal Post Card Application or its successor as promulgated by the Federal Voting Assistance Program or its successor shall also be considered an statement as used in this chapter.

(e) [Repealed.]

(f) (1) If the elector does not indicate the election or elections for which the elector is requesting an absentee ballot, it shall be presumed that the statement for the next scheduled election in which the elector is eligible to vote; provided however, that a statement on which the person indicates that the reason the person is requesting to vote by absentee ballot is that the person is temporarily or permanently physically disabled or that the person qualifies under any of the reasons set forth in § 5502(1), (2), (4) or (7) of this title shall be presumed to be for all elections in a calendar year unless otherwise indicated on the statement.

(2) If the Department is unable to determine the election and/or elections for which a person is requesting an absentee ballot, it shall attempt to contact the person in order to determine the person’s intent; provided however, that if time is of the essence and the Department is unable to contact the elector, the Department’s county director and deputy county director in the county where such person has requested an absentee ballot shall confer and determine the proper course of action.

(g) Statements filed pursuant to this section on which the elector’s domicile is different than the address at which the person is registered to vote within the State shall be used to transfer the person’s registration.

(h) Statements filed pursuant to this section on which an elector indicates that the elector has legally changed the elector’s name shall be taken as authorization to transfer the elector’s previous registration information, including the elector’s voting record to the new name. The Department shall then use the statement to make the change on the Department’s records.

(i) Statements filed pursuant to this section on which a person indicates a change in political party affiliation received during a period in which changes in political party affiliation are closed shall be used to change the person’s political party affiliation when the period for changing political party affiliation re-opens.

(j) The Department may adopt a printed or electronic statement form (or both), containing blanks associated with each item required by this section to be listed on a statement, which may be completed by any elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request to the Department for the Department-prepared statement form, which the Department shall forward to the elector upon receipt of a request therefor.

(k) Notwithstanding any other provision of this title, a registered voter eligible to vote by absentee ballot for reasons stated in §  5502 (1), (2), (4), (7) or (8) of this title or because a person's business or occupation is providing care to his or her parent, spouse or child who is living at home and requires constant care due to illness, disability, or injury may apply in writing to the Department for permanent absentee status. The Department shall automatically send an absentee ballot to each person in permanent absentee status for each election in which the person is entitled to vote.

(1) The State Election Commissioner shall promulgate instructions that people shall follow to apply for permanent absentee status.

(2) Overseas citizen and military voters may apply for permanent absentee status by writing that request in the remarks section of the federal post card application or its successor.

(3) The Department shall cancel a person's permanent absentee status upon the return of an absentee ballot or other correspondence sent by first-class mail as undeliverable, the person's death or disqualification, the cancellation of the person's voter registration, the receipt of a written request from the person, or receipt of written notification that the reason that the person has stated for voting by absentee ballot is no longer valid.

(4) Persons in permanent absentee status shall keep the Department informed of changes in address, changes in name or changes in the reason that the person has listed for voting by absentee ballot.

(5) The Department shall post a list of permanent absentee voters on its web site.

(l) Upon request, a registered voter eligible to vote by absentee ballot for reasons stated in § 5502(4) of this title may be sent and may return his or her absentee ballot by electronic transmission in accordance with § 5525 of this title.
15 Del. C. § 306 — Delaware Code / Title 15 / Chapter 3 / Section 306
§ Â
        306. Coordination with state agencies.
Status: in_force

The State Election Commissioner, in collaboration with the Department, shall implement as soon as practical automated transfers or exchanges of voter registration information and information necessary to maintain an accurate list of registered voters between the State’s election management system and other state databases.
15 Del. C. § 4305A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4305A
§ Â
        4305A. Article V; definitions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

For purposes of this agreement:

(1) “Chief executive” shall mean the Governor of a state of the United States or the Mayor of the District of Columbia.

(2) “Elector slate” shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate.

(3) “Chief election official” shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate.

(4) “Presidential elector” shall mean an elector for President and Vice President of the United States.

(5) “Presidential elector certifying official” shall mean the state official or body that is authorized to certify the appointment of the state’s presidential electors.

(6) “Presidential slate” shall mean a slate of 2 persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state.

(7) “State” shall mean a state of the United States and the District of Columbia.

(8) “Statewide popular election” shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
15 Del. C. § 4981 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4981
§ Â
        4981. Duties of Department and State Election Commissioner following an election.
Status: repealed

(a) Immediately following an election, the Department shall upload all updated voter history from the electronic poll books to the State’s voter registration system.

(b) [Repealed.]
15 Del. C. § 5120 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5120
§ Â
        5120. Secreting person in election room; penalty.
Status: in_force

Whoever, other than the election officers, secretes or attempts to secrete himself or herself in any part of the polling room during the hours of the election for any purpose whatsoever, shall be fined not less than $100 and may be imprisoned not more than 1 year.
15 Del. C. § 2004 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2004
§ Â
        2004. Certificate of appointment.
Status: in_force

The Department shall deliver a certificate of appointment to whomsoever it shall appoint and who shall be sworn into office as a registration officer. Such certificate shall be in such form as shall be prescribed by the Department and shall include the date of the expiration of such person’s term of office.
15 Del. C. § 5123 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5123
§ Â
        5123. Intimidation, persuasion or bribery by election officer; penalty.
Status: in_force

Whoever, being an election officer:

(1) In any manner attempts to influence, persuade, intimidate, bribe or coerce any voter in the marking of the voter’s ballot, or in the making of the choice of the persons for whom the voter votes; or

(2) Discloses the manner in which any person has voted;

shall be deemed to have knowingly and wilfully violated the election officer’s own official duty, shall be guilty of wilful and deliberate perjury, and, in addition to the penalties and disabilities annexed to such crime, be fined not more than $500 and may be imprisoned not more than 2 years.
15 Del. C. § 3121 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3121
§ Â
        3121. Registration records used.
Status: in_force

(a) The registration records for each election district in this State used for registration purposes for general, supplementary and additional registrations shall be used for all primary elections held under this chapter.

(b) The registration records for each election district in the City of Wilmington shall be used for primary election purposes in accordance with this chapter, and all persons, and only they, whose names appear on such registration records after the same have been added to, revised and corrected, as provided by law, shall be entitled to vote at a primary election to nominate candidates to be voted for at a subsequent municipal election in the City of Wilmington.
15 Del. C. § 2303 — Delaware Code / Title 15 / Chapter 23 / Section 2303
§ Â
        2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies; penalty.
Status: in_force

(a) Whoever, being a registrar, alternate registrar or assistant registrar:

(1) Fraudulently enters or permits to be entered in any registration record the name of any person as a registered voter who is not entitled to be entered therein as a registered voter; or

(2) Fraudulently refuses or omits to register or fraudulently misspells in any registration record in his or her charge the name of any person entitled under this title to have his or her name entered in such registration records; or

(3) Fraudulently removes from any Election District Record in his or her charge the original permanent registration record of any person entered therein; or

(4) Makes any entry in any registration record, except at the time and in the manner in this title provided; or

(5) Does anything which is by this title forbidden to do; or

(6) Whoever, being a registrar, alternate registrar or assistant registrar, inspector or judge of election:

a. Loses any registration records which may be in his or her charge or custody; or

b. Wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes any registration record; or

c. Knowingly makes any false entry in or false copy of any registration record or any part thereof; or

d. Fraudulently makes any entry, erasure or alteration in any registration record;

shall be deemed to have knowingly and wilfully violated his or her official duty and shall be fined in such amount or imprisoned for such term or both as the court in its discretion may determine.

(b) Whoever, other than the officials referred to in subsection (a) of this section, makes, alters or obliterates any entry in any registration record, or wilfully destroys, mutilates, defaces, falsifies or removes or secretes any registration record, shall be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
15 Del. C. § 5004A — Delaware Code / Title 15 / Chapter 50A / Section 5004A
§ Â
        5004A. Number of voting devices per election district.
Status: in_force

(a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters or majority fraction thereof.

(b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device for every 800 registered voters or majority fraction thereof.
15 Del. C. § 3308 — Delaware Code / Title 15 / Chapter 33 / Section 3308
§ Â
        3308. Penalties.
Status: in_force

Whoever:

(1) Falsely makes or fraudulently defaces or fraudulently destroys any certificate of nomination or any part thereof; or

(2) Files any certificate of nomination, knowing the same or any part thereof to be falsely made; or

(3) Suppresses any certificate of nomination which has been duly filed or any part thereof; or

(4) Conspires with other persons, induces or attempts to induce any other person to do any of such acts, whether or not any of such acts are committed or attempted to be committed;

shall be fined not less than $100 nor more than $500 or imprisoned not more than 5 years.
15 Del. C. § 5143 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5143
§ Â
        5143. Candidate for General Assembly not to make written pledge; penalty.
Status: in_force

(a) No candidate for State Senator or Representative in the General Assembly shall make any written pledge to give or withhold that candidate’s own vote on any proposed law or legislation, nor shall any other person seek to influence any such candidate in the candidate’s attitude upon any proposed law or legislation by offer or promise of a vote or votes or of any support at any primary or election.

(b) Whoever violates subsection (a) of this section shall be fined not less than $50 nor more than $1,000, or imprisoned not less than 1 month nor more than 2 years, or both.