15 Del. C. § 2060 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2060
§ Â
        2060. Application.
Status: in_force

Governmental and private entities may apply to the State Election Commissioner to register people to vote on a continuing basis or during an organized voter registration drive. Such entities must apply at least 30 days prior to the start of the voter registration activity or the drive. Voter registration under the provision of this subchapter may not be conducted during the period that voter registration is closed prior to a general election. The State Election Commissioner shall promulgate the application form that such entities shall use in applying for permission to register voters on a continuing basis or to conduct an organized voter registration drive. The application shall include as a minimum:

(1) Name and address of the governmental or private entity. In the case of a continuing activity the location or locations where the voter registration activity will take place.

(2) The name, address and telephone number of the chief official of the entity.

(3) The target audience and/or scope of the drive or continuing voter registration activity.

(4) The name, address and telephone number of the person responsible for the voter registration activity or drive.

(5) Attestations by the chief official of the entity that it has authorized the voter registration activity or drive, assumes responsibility for the voter registration activity or drive, shall insure that only individuals trained as prescribed by the State Election Commissioner shall serve as temporary registrars, and shall insure that all individuals involved in planning, organizing and conducting the voter registration drive shall adhere to this title and such regulations promulgated by the State Election Commissioner.

(6) The number of applications requested.
15 Del. C. § 1704 — Delaware Code / Title 15 / Chapter 17 / Section 1704
§ Â
        1704. Identification of persons who are no longer eligible to vote, establishment of an âinactive state,â cancellation of registration and provision for reregistration.
Status: in_force

(a) The Department may use a list of persons registered to vote in Delaware and who are registered to vote in another state or who have obtained a driver’s license or state ID card from another state as a source to send an address verification request to those voters.

(b) The Department shall then send an address verification request via forwardable first class mail to each person on the list. The Department shall mail the request to the address at which the person is registered to vote unless the U.S. Postal Service vendor provides an updated address. The request shall ask the person to sign the return card and:

(1) Authorize cancellation of their Delaware voter registration because they are no longer permanent residents of the State; or

(2) Provide the address of their permanent place of residence if they still reside within Delaware.

(c) The address verification request shall include a postage-paid return card or envelope preaddressed to the Department.

(d) The Department, upon receipt of the returned notice and in accordance with the response, shall:

(1) Cancel the person’s registration; or

(2) Update the person’s voter registration record with the new address if it is within the Department’s jurisdiction;

(3) Update the person’s voter registration record showing that the person has certified that the address on the permanent voter registration record is their permanent place of residence.

(e) Sixty days following an address verification mailing in accordance with this section, the Department shall place all persons who did not reply to the address verification request mailed in accordance with this section into “inactive status.”

(f) A person shall be returned to active status if the person subsequently returns the return card with a new Delaware address or certification that the person has not changed their address, by completing any other voter registration transaction permitted by this title or by voting in any election conducted in accordance with this title or Title 14.

(g) On or before June 1 of each year following a general election, the State Election Commissioner shall remove from the voting rolls any person who has been in “inactive status” for 2 consecutive general elections.

(h) Persons classified as “inactive” shall remain eligible to vote in any election conducted in accordance with this title. Upon presenting themselves at their polling place they shall affirm in writing under penalty of perjury on the form promulgated by the State Election Commissioner the address of their permanent place of residence. If the person’s permanent place of residence is different than the permanent place of residence shown on the person’s permanent voter registration record, the person shall be permitted to vote at the polling place for the person’s permanent place of residence.

(i) A person properly removed from the voting rolls in accordance with this chapter must reregister in order to vote in any election conducted in accordance with this title. The county director and deputy county director may restore to the voting rolls a person removed in error through the process described in this chapter.

(j) The Department may put those persons who failed to respond to these notices mailed on or before August 2, 2017, in “inactive status” 60 days after the date of the mailing or August 2, 2017, whichever is later.

(k) The State Election Commissioner cancel the registration of any person who has been placed in inactive status by this section in accordance with § 2014(h) of this title.
15 Del. C. § 7702 — Delaware Code / Title 15 / Chapter 77 / Section 7702
§ Â
        7702. Qualification of voters.
Status: in_force

(a) If the election of delegates is held at the same time as a general election, all persons qualified to vote at such general elections for representatives to the General Assembly of this State shall be entitled to vote.

(b) If such election is held at a time other than at the same time as a general election, all persons qualified to vote for representatives to the General Assembly of this State at the last general election next preceding such special election shall be entitled to vote.
15 Del. C. § 8013 — Delaware Code / Title 15 / Chapter 80 / Subchapter II / Section 8013
§ Â
        8013. Short title
Status: repealed

Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
15 Del. C. § 5704 — Delaware Code / Title 15 / Chapter 57 / Section 5704
§ Â
        5704. Votes for President and Vice-President as votes for their electors.
Status: in_force

The Court shall calculate the votes given for the candidates for President and Vice-President of a political party as votes given for each and all the electors of President and Vice-President of such party, the names of whom are on file with the State Election Commissioner and as certified to the Court by the State Election Commissioner, and the Court shall make its certificates accordingly in the form and manner provided by §§ 5705-5707 of this title.
15 Del. C. § 4300A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4300A
§ Â
        4300A. Adoption of the Agreement Among the States to Elect the President by National Popular Vote [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

This State hereby enters into the Agreement Among the States to Elect the President by National Popular Vote (“agreement”) with all other jurisdictions legally joining the agreement in form substantially as set forth in this chapter.
15 Del. C. § 2051 — Delaware Code / Title 15 / Chapter 20 / Subchapter VII / Section 2051
§ Â
        2051. Appointment of voter registration coordinator â Coordination among voter registration agencies, Department of Elections and Department of Technology and Information.
Status: in_force

(a) The State Election Commissioner shall be the statewide coordinator for agency based registration.

(b) Each of the voter registration agencies identified in this subchapter shall appoint an existing employee to implement and oversee the training necessary to provide nonpartisan voter registration, and to collect and enter on each registration application all information required to properly identify the applicant, including a complete location of residence. The employee designated to assist registrants at each voter registration agency shall further ensure that each voter registration application to be transmitted to the appropriate Department of Elections contains both the correct identification of the voter registration agency office, the origin and signature of the employee of the voter registration agency office who prepared or assisted in preparing the application and who witnessed the applicant’s signature.

(c) The statewide coordinator shall ensure that all applicable intake and application forms used by each agency shall be the same forms used by the Department of Elections.

(d) The statewide coordinator shall provide properly trained personnel to transmit a sufficient number of appropriate applications to each voter registration agency and to transmit completed voter registration applications to the Department of Elections within 3 business days after completion to the Department of Elections. This requirement may be satisfied by putting the completed applications into the State mail within 3 business days.

(e) The statewide coordinator shall provide procedural assistance to each registration agency for appropriate training of the employee designated to assist in voter registration.

(f) The statewide coordinator shall institute appropriate procedures to facilitate implementation of the provisions of this subchapter and to ensure coordination of those procedures among the Department of Elections, the Department of Technology and Information and the voter registration agencies.
15 Del. C. § 4973- 4974 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4973- 4974
§ ÂÂ
        4973, 4974.  Disqualified ballots; notation and preservation of disqualified or disputed ballots and envelopes.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
15 Del. C. § 7522 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7522
§ Â
        7522. Definition of political party.
Status: in_force

A political party existing only within the City of Wilmington shall be qualified to nominate candidates for the municipal election if it is a bona fide organization of registered voters of the City of Wilmington who:

(1) Elect a city committee and officers of the city committee;

(2) Nominate candidates for the municipal election by a secret ballot of those enrolled for purposes of the municipal election as members of the party taken at a convention or by some other method of polling the party membership;

(3) Not later than August 15 of the year of the municipal election, file with the Department petitions certifying that the party exists and desires to have its candidates placed on the ballot for the forthcoming election. These petitions shall be signed by a number of registered voters of the City of Wilmington not less than 5 percent of the total number of registered voters within the City as of December 31 of the year immediately preceding the municipal election. These petitions shall be prepared between January 1 and August 15 of the year of the election. They shall include the signature, printed name, address at which registered and social security number of each qualified voter signing the petition.

The petition shall also include a sworn statement, signed by the person gathering the signatures and sworn to before a notary public, that such person witnessed the placing of each signature on the petition and, to the best of that person’s knowledge or belief, all those who signed the petition were duly registered voters of the City of Wilmington. This statement shall be followed by a warning that any person who knowingly signs a statement which contains falsehoods shall be subject to prosecution for perjury.
15 Del. C. § 5163 — Delaware Code / Title 15 / Chapter 51 / Subchapter III / Section 5163
§ Â
        5163. Liability of corporation or officers.
Status: in_force

In any trial under § 5161 or § 5162 of this title, the acts of any officer of a corporation, insofar as they affect or concern an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether general or special authority as to such acts from the corporation is shown or not.

Nothing contained in § 5161 or § 5162 of this title or in this section shall be construed to relieve any officer of a corporation from individual liability under such sections.
15 Del. C. § 8045 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8045
§ Â
        8045. Attorney General candidates.
Status: in_force

Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that has been committed by any candidate for the Office of Attorney General.
15 Del. C. § 2104 — Delaware Code / Title 15 / Chapter 21 / Section 2104
§ Â
        2104. Manner of giving notice; time; proof.
Status: in_force

(a) All notices required to be served upon any person by this chapter shall be in writing and shall be served personally or by registered mail, return receipt requested, addressed to the person’s address that appears in the County Master Record.

(b) All required notices shall be served at least 5 days prior to the day on which the appeal or application is made to the court. The date of personal service or the date of mailing shall be considered as the first day in computing the 5 days’ period.

(c) In all cases where service is made by registered mail, proof of such service shall be by affidavit showing the date of mailing and by the return receipt which shall be annexed to the affidavit showing that the person sought to be served received or refused the notice by registered mail or that the person sought to be served was unknown at the address appearing in the County Master Record.

(d) No appeal shall be considered by the court unless it is satisfied that notice has been given as required by this section.
15 Del. C. § 5923 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5923
§ Â
        5923. Verification of specifications.
Status: in_force

Every specification shall be verified by the affidavit of the party delivering the same, stating that the party verily believes that the grounds of objection set forth are substantially true, and that the voters specified as illegal voters were not entitled by law to vote at the election in question.
15 Del. C. § 208 — Delaware Code / Title 15 / Chapter 2 / Section 208
§ Â
        208. Organization meeting; officers.
Status: in_force

(a) The Board shall establish a schedule of meetings for the following calendar year at a regularly scheduled meeting of the Board held between October 1 and December 31. Once established, the aforesaid schedule shall be subject to change by the Board.

(b) The schedule shall include an organizational meeting that shall be held between February 1 and June 30 of each year at which time the members of the Board shall meet and organize by electing 1 member to be president and 1 member to be secretary, whose function other than that of a member shall be to record the minutes of the meetings of the Board. The terms of office for each officer shall be until the organizational meeting held in the following year or until a successor is elected.
15 Del. C. § 5003A — Delaware Code / Title 15 / Chapter 50A / Section 5003A
§ Â
        5003A. Use of voting devices; costs in municipal elections.
Status: in_force

Electronic voting devices may be used throughout this State in all primary, general and special elections and in all municipal elections in all incorporated cities and towns of this State. In the event no contest exists, in municipal elections voting devices shall not be required. Voting devices may be used in elections held under Title 14. Incorporated cities or towns may use voting devices in the custody of the Department upon payment of all costs and expenses incident to their use.
15 Del. C. § 5310 — Delaware Code / Title 15 / Chapter 53 / Section 5310
§ Â
        5310. Number of special polling places not limited.
Status: in_force

Nothing contained in §§ 5306-5312 of this title shall limit the voting places to 2 in an election district, but, the emergency contemplated in §§ 5306-5309 of this title arising, as many different polls may be held as there are numbers of voters of 5 or more, who under the circumstances withdraw from the regular place of holding the election for the purpose of casting their ballots without intimidation or interference.
15 Del. C. § 3001 — Delaware Code / Title 15 / Chapter 30 / Section 3001
§ Â
        3001. Political parties.
Status: in_force

No political party shall be listed on any general election ballot unless, 21 days prior to the date of the primary election, there shall be registered in the name of that party a number of voters equal to at least 10/100 of 1 percent of the total number of voters registered in the State as of December 31 of the year immediately preceding the general election year.
15 Del. C. § 5506 — Delaware Code / Title 15 / Chapter 55 / Section 5506
§ Â
        5506. Instructions for completing absentee ballots.
Status: in_force

The Attorney General shall prepare a list of instructions to assist an elector voting by absentee ballot in properly marking and returning the elector’s ballot pursuant to this chapter. These instructions shall be known and marked as “INSTRUCTIONS FOR COMPLETING AND RETURNING AN ABSENTEE BALLOT.” Before each election the Attorney General shall deliver a copy of the instructions to the Department in sufficient time for the Department to have the instructions printed and delivered to each elector who requested an absentee ballot for the ensuing election.
15 Del. C. § 1707 — Delaware Code / Title 15 / Chapter 17 / Section 1707
§ Â
        1707. Cancellation of registration due to a registrant having moved to another state.
Status: in_force

(a) The Department shall consider notification from another state, election jurisdiction or election official that a person registered to vote in Delaware has applied to register to vote or who has registered to vote in another state as permission from that person to cancel that person’s Delaware voter registration.

(b) The Department shall consider a written notice from a spouse, adult child, sibling or parent that a registered voter has moved out of state as permission from that person to cancel that person’s voter registration. The notice shall be signed and the relationship to the previously mentioned voter stated.

(c) The State Board of Elections may cancel the voter registrations for any person who has moved out of state and given permission in writing or as otherwise provided in this section.

(d) Upon registration of a person in Delaware who is registered to vote in another state, the Department or State Election Commissioner shall notify the other state that the person has registered to vote in the State of Delaware.
15 Del. C. § 5509 — Delaware Code / Title 15 / Chapter 55 / Section 5509
§ Â
        5509. Procedure on receipt of ballot envelope by Department.
Status: in_force

(a) Upon receipt of a ballot envelope the Department, or a person authorized by the Department, 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 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 member of the Department (the director or any other person) 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. § 2305 — Delaware Code / Title 15 / Chapter 23 / Section 2305
§ Â
        2305. Intimidation of registration officers; penalty.
Status: in_force

If any person, firm, corporation or employer existing or doing business in this State hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed a registration officer under the laws of this State from qualifying and performing such person’s duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.

In any trial under this section the acts of any officer of a corporation, so far as they affect an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether special or general authority as to such acts from the corporation is shown or not.

Nothing contained in this section shall be construed to relieve any officer of a corporation from individual liability under this section.
15 Del. C. § 5901 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5901
§ Â
        5901. Notice of intention to contest; specifications.
Status: in_force

Any person intending to contest the election or the eligibility of any one returned by the board of canvass as a member of either branch of the General Assembly from any of the counties of this State shall at least 20 days before the meeting of the General Assembly give written notice of such intention to the person whose seat that person intends to contest, and within 10 days after the notice shall deliver to the person a written specification of the several grounds upon which that person intends to contest the election or the eligibility of such person. If 1 of such grounds shall be that illegal votes were given at such election for the person so returned, 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.
15 Del. C. § 7559 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7559
§ Â
        7559. Transition.
Status: in_force

(a) This subchapter shall apply to elections held after June 30, 2007.

(b) The State Election Commissioner shall promulgate all forms required by 75 Del. Laws, c. 342 by April 30, 2007.
15 Del. C. § 213 — Delaware Code / Title 15 / Chapter 2 / Section 213
§ Â
        213. Employees; duties and compensation.
Status: in_force

(a) The Board may hire such employees as it may deem necessary for the performance by the Department of its duties.

(b) The duties of such employees and the duties of any investigator appointed by the State Election Commissioner pursuant to § 302(14) of this title hereof, shall be prescribed by the Board and the compensation fixed by the Secretary of the Department of Human Resources.

(c) The employees of the Department shall be placed under the state merit system but subject to all provisions of this title.
15 Del. C. § 2304 — Delaware Code / Title 15 / Chapter 23 / Section 2304
§ Â
        2304. Alcoholic liquor in registration places; penalty.
Status: in_force

Whoever, during the sitting of the registration officers in any election district in this State, brings, takes, orders or sends into, or attempts to bring, take or send into, any place of registration any alcoholic liquor, or, at any such time or place, drinks or partakes of any such liquor, shall be fined not more than $100 or imprisoned not more than 90 days, or both.
15 Del. C. § 5135 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5135
§ Â
        5135. Perjury; subornation of perjury.
Status: in_force

(a) Whoever is convicted of wilful false swearing or affirming in taking any oath or affirmation prescribed by or upon any examination provided for in this title is guilty of perjury.

(b) Whoever wilfully or corruptly instigates, advises, induces or procures any person to swear or affirm falsely, or attempts or offers so to do, is guilty of subornation of perjury, and shall suffer the punishment directed by law in cases of perjury.
15 Del. C. § 7585 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7585
§ Â
        7585. File of absentee voters.
Status: in_force

(a) The municipality 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 shall include, but shall not be limited to, the following entries:

(1) The name of elector;

(2) The address at which the elector establishes eligibility to vote;

(3) The address where ballot is to be mailed;

(4) The date the statement is received by the municipality;

(5) The elector’s municipal election district, if applicable;

(6) The ballot envelope identification number;

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

(8) The date the ballot is returned.

(b) The municipality shall compile from its files a list of names and addresses of all applicants for absentee ballots, and shall, upon request, send current and complete copies thereof without cost to candidates on the ballot in the forthcoming election. Such lists shall be provided no later than 2 weeks prior to the date of the election.
15 Del. C. § 3115 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3115
§ Â
        3115. Elected official, primary residency.
Status: in_force

(a) If an elected official relocated to a new primary residential address in the district they represent, they must, within 60 days of relocating, advise the Commissioner of Elections of the new address and provide the documents required by § 3114 of this chapter.

(b) Failure to provide the documents required by this section shall subject the elected official to a civil penalty of $100.

(c) Wilfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavit documents will be an act of fraud.
15 Del. C. § 7333 — Delaware Code / Title 15 / Chapter 73 / Subchapter III / Section 7333
§ Â
        7333. Member of General Assembly ineligible.
Status: in_force

No member of the General Assembly for the time being shall be appointed an elector of President and Vice-President under § 7332 of this title.
15 Del. C. § 5703 — Delaware Code / Title 15 / Chapter 57 / Section 5703
§ Â
        5703. Vote required for election.
Status: in_force

In all elections, unless it be otherwise expressly provided, a plurality or the highest number of votes shall make a choice, except where this principle is defeated by 2 or more persons having the same and the highest number of votes for the same office.
15 Del. C. § 5527 — Delaware Code / Title 15 / Chapter 55 / Section 5527
§ Â
        5527. Authority to implement provisions of the Uniformed and Overseas Citizens Absentee Voters Act.
Status: in_force

The State Election Commissioner, in collaboration with the Department offices, shall implement those provisions of the Uniformed and Overseas Citizens Absentee Voters Act (52 U.S.C. § 20301 et seq.) not specifically mandated by this chapter.
15 Del. C. § 5513 — Delaware Code / Title 15 / Chapter 55 / Section 5513
§ Â
        5513. 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 § 5503 of this title is false; or

(2) On the ground that the statement in the center of the face of 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 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 absentee judges within a reasonable time of the challenge having been made shall be referred for resolution to the county director and deputy county director of the Department in the county where such election district is located.
15 Del. C. § 5621A — Delaware Code / Title 15 / Chapter 56A / Section 5621A
§ Â
        5621A. System for voters to determine status of their mail ballots [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
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 a mail 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. § 2005 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2005
§ Â
        2005. Request for a voter registration application.
Status: in_force

(a) Any citizen may apply in writing, in person or by telephone on any regular business day, except during the period beginning 20 days before each general election through election day, to the Department for a voter registration application to be provided by the Department to the requestor or to a member of the citizen’s immediate family.

(b) In connection with any request under this section, the Department shall:

(1) Permit the person to complete the application for that person’s own self in the office or mail the application for that individual to that individual within 3 business days of the request.

(2) Mail the voter registration application to a member of the requestor’s immediate family within 3 business days of the request.

(c) Applications requested in accordance with this section may be for the purposes of registering to vote, transferring the voter’s address, changing the voter’s name on the voter’s voter registration record and/or changing a voter’s political party affiliation.
15 Del. C. § 4310 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4310
§ Â
        4310. Qualifications of voters.
Status: in_force

All citizens of this State having the right to vote for representatives in the General Assembly are qualified to vote for presidential electors, United States Senator and Representative in Congress.
15 Del. C. § 3111 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3111
§ Â
        3111. Expenses paid by State.
Status: in_force

The expenses for holding primary elections under this chapter, including stationery, and pay of officers and clerks shall be paid by the State.
15 Del. C. § 3141 — Delaware Code / Title 15 / Chapter 31 / Subchapter III / Section 3141
§ Â
        3141. Form of oath.
Status: in_force

Before opening the election, the presiding officers and judges shall each take and subscribe an oath according to the following form:

 “I do solemnly swear (or affirm) that in the primary 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 alien, 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 primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such primary election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such primary election, or any representative of any candidate or 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 representative of such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conducting of the primary election, I shall disclose the same to the executive authority that shall have directed the holding of the primary election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”
15 Del. C. § 2112 — Delaware Code / Title 15 / Chapter 21 / Section 2112
§ Â
        2112. Costs.
Status: in_force

The person who makes the affidavit taking such appeal shall pay all the costs of the appeal if the appeal is finally dismissed. The costs shall be fixed by the court and taxed upon the appellant at the time of such dismissal.
15 Del. C. § 8041 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8041
§ Â
        8041. Duties and powers of Commissioner.
Status: in_force

The Commissioner shall:

(1) Make and publish such rules and regulations not inconsistent with the provisions of this chapter as are necessary to implement and enforce this chapter. Upon their adoption under the provisions of the Administrative Procedures Act (Chapter 101 of Title 29), such rules and regulations shall have the force and effect of law. Without limitation of the foregoing, no later than December 31, 2012, the Commissioner shall promulgate all forms required in connection with the filing of reports under this chapter, as well as regulations:

a. Exempting, to the extent possible, persons from reporting duplicative information hereunder;

b. Promulgating standards with respect to the size, layout and timing of the statements required under § 8021 of this title;

c. Adopting any amendments or modifications to the statements required under § 8021 of this title, or exemptions from the requirements thereunder; and

d. Adopting procedures for the electronic filing of reports and the posting of said reports to the Commissioner of Elections’ web site.

(2) At the request of any person, make a ruling that applies this chapter to a set of facts specified by the person. The entire such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of the person that requested the ruling shall not be disclosed without the person’s consent. Copies of the ruling shall be mailed immediately to the Governor, the Attorney General and the chair of each political party entitled to be listed on any general election ballot under § 3001 of this title. Within 7 days after any such ruling is made, a summary thereof shall be mailed to each candidate having a committee which has not completed its activities on file in the office of the Commissioner and shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate or treasurer who reasonably and in good faith acts in reliance upon any ruling requested by that candidate or treasurer pursuant to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the ruling, provided there was a full disclosure to the Commissioner of all material facts necessary for the ruling.

(3) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed, and to every candidate who has notified the Commissioner of the candidate’s candidacy under § 3101 of this title, a copy of this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties, not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of every election year, the Commissioner shall send similar documents to the chairs of all political parties’ legally recognized political party subdivisions, down to the local organizing district level.

(4) Retain and permit public inspection of all reports required to be filed under this chapter for 10 years after the end of the calendar year to which they pertain.
15 Del. C. § 5511 — Delaware Code / Title 15 / Chapter 55 / Section 5511
§ Â
        5511. Carrier envelope specifications; carrier envelopes as ballot boxes.
Status: in_force

(a) The Department shall purchase envelopes to be used as carrier envelopes, which shall be security mailing envelopes, designed to securely protect the contents thereof from tampering, removal, or substitution without detection and shall be large enough to accommodate multiple absentee ballots cast in the election.

(b) Carrier envelopes shall:

(1) For all purposes of this title be considered the official ballot boxes for absentee votes cast during a given election;

(2) Contain voted absentee ballots from a single election district;

(3) Be labeled to reflect the election district whose absentee ballots are held inside; and

(4) Ensure the security of said ballots in the event they must be moved for the purposes of certifying an election or recounting votes cast in an election.

(c) A sealed carrier envelope may be reopened only when necessary to certify an election or recount votes cast in an election.

(d) In the event the Department must move absentee ballots for the purposes of certifying an election, or recounting votes cast in an election, it shall select the carrier envelopes for the affected election districts and move them, in a secure fashion, to the location where the carrier envelopes will be opened and the votes inside inspected.

(e) Upon completion of any inspection of votes pursuant to this subsection, absentee ballots shall be returned to the carrier envelopes from which they were removed and the carrier envelopes shall be:

(1) Resealed in a secure manner, or shall be placed in another security envelope, for the purposes of securely protecting the contents thereof from tampering, removal, or substitution without detection; and

(2) Placed in a secure location and held there until such time as it is destroyed or moved for further legal process.
15 Del. C. § 1103 — Delaware Code / Title 15 / Chapter 11 / Section 1103
§ Â
        1103. Disaster recovery and continuity of operations.
Status: in_force

(a) If paper registration records are lost, destroyed, mutilated or defaced, the affected department or departments shall not replace the records but shall use the State’s Election Management System database as the source of voter registration data for the persons whose records were so affected.

(b) The State Election Commissioner, in collaboration with the Department of Technology and Information, shall establish and maintain a disaster recovery program that would provide the State Election Commissioner and the offices of the Department in each county immediate access to a duplicate version of the Election Management System and associated databases in event of a disaster that makes the production system unavailable.

(c) The State Election Commissioner and the departments of elections shall no later than January 1, 2008, implement a continuity of operations plan that would permit any of the agencies to continue operations if any of the agencies are denied access to its offices during critical periods.
15 Del. C. § 7526 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7526
§ Â
        7526. Supplemental certificates of nomination.
Status: in_force

Supplemental certificates of nomination for offices of the City of Wilmington shall be issued as prescribed in § 3306 of this title.
15 Del. C. § 5604A — Delaware Code / Title 15 / Chapter 56A / Section 5604A
§ Â
        5604A. Process for voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The Department shall create an application which may be completed by any elector wishing to vote by mail under this chapter. The application must require the elector to provide 1 of the following:

(1) The last 4 digits of the elector’s Social Security number.

(2) The elector’s state-issued driver’s license number.

(3) The elector’s state-issued nondriver identification card number.

(b) A qualified, duly registered elector wishing to vote by mail must do all of the following:

(1) Complete a handwritten or electronic application to vote by mail.

(2) Sign and date the application.

(3) Mail, deliver, or cause to be mailed or delivered, the completed application to the Department by the deadline provided by the Department.
15 Del. C. § 4106 — Delaware Code / Title 15 / Chapter 41 / Section 4106
§ Â
        4106. Voting places.
Status: repealed

Repealed by 74 Del. Laws, c. 411, § 21, effective Aug. 5, 2004.
15 Del. C. § 2101 — Delaware Code / Title 15 / Chapter 21 / Section 2101
§ Â
        2101. Right to appeals; person entitled.
Status: in_force

(a) From the decision of the Department or the registration officers granting or refusing registration or removing or refusing to remove names from the registration records, any person interested or any member of such Department or any registration officer may appeal to the court.

(b) The word “court” as used in this chapter shall mean either the Resident Judge of the county in which the person appealing the decision resides, or, in case of such judge’s disability or absence from the county, any judge entitled to sit in the Supreme Court.
15 Del. C. § 5955 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5955
§ Â
        5955. Costs.
Status: in_force

(a) Costs in all cases under this subchapter shall be awarded against the unsuccessful party to the contest.

(b) Charges for costs shall be as near as possible to the charges for similar services in other cases tried in the Superior Court.

(c) Execution may issue to collect costs.
15 Del. C. § 7717 — Delaware Code / Title 15 / Chapter 77 / Section 7717
§ Â
        7717. Certification of results.
Status: in_force

(a) After the sense of the majority of the total number of delegates composing the convention is taken upon the question of the ratification of the proposed amendment to the Constitution of the United States, the convention shall certify a resolution of its vote over the hand of the president, attested by the secretary and signed by all of the members of the convention. Such resolution shall be so certified in duplicate originals. The duplicate originals shall then be delivered by the convention to the Secretary of State together with the journal and any other records of the convention.

(b) If it appears from the resolutions so certified to the Secretary of State that the proposed amendment to the Constitution of the United States has been ratified by the convention, the Secretary of State of Delaware shall send to the Secretary of State of the United States 1 of the duplicate originals certified under the Delaware Secretary of State’s hand and the seal of the State. The remaining duplicate original shall be proclaimed by publication and shall be deposited together with the journal and any other records of the convention in the Delaware Public Archives. If it appears from the resolutions so certified to the Secretary of State that the proposed amendment to the Constitution of the United States has not been ratified, the resolution shall be proclaimed by publication and the duplicate originals of the resolution together with the journal and any other record of the convention shall be deposited in the Delaware Public Archives.
15 Del. C. § 4933 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4933
§ Â
        4933. Persons permitted in the voting room.
Status: in_force

(a) The following persons shall be admitted to the voting room:

(1) Members and employees of the Department identified by a badge or written authorization;

(2) The State Election Commissioner and the Commissioner’s employees identified by a badge or written authorization;

(3) Persons voting and waiting to vote, or a child lawfully accompanying such person pursuant to § 4937(e) of this title, or a person providing voter assistance pursuant to § 4943 of this title;

(4) One challenger from a political party with a candidate on the ballot as provided in § 4934 of this title;

(5) Any people accompanied by persons listed in paragraphs (a)(1) and (2) of this section above;

(6) Persons with business in the building that is not connected to the election. For example: an athletic team picking up or dropping off equipment at their school. Such persons shall remain outside of the voting room except to pass through or by the voting room in the conduct of their business;

(7) A person or persons deemed necessary to the conduct of the election by majority vote of the inspector and judges.

(b) No other person except as noted below shall be permitted within 50 feet of any entrance to the building used by voters.

(c) Media and persons conducting exit polls shall be permitted within the 50-foot exclusion zone, but may not talk to persons who have not voted while in the 50-foot exclusion zone.
15 Del. C. § 7579 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7579
§ Â
        7579. Preparing absentee ballots to be counted.
Status: in_force

Notwithstanding any other provision of this chapter, the board of election of any municipality may open absentee ballot envelopes in a public meeting in order to prepare them to be counted. Such meeting shall take place, upon proper notice, at any time between 8:00 a.m. of the day prior to the election and up to 1 hour before the polls are scheduled to open. The municipality shall notify each candidate on the ballot that they may have challengers at the meeting during which the board of election opens the absentee ballots. At such meeting, the board of elections shall act in accordance with the same procedures as set out in § 7578(1), (2), (3), and (5)(a) through (d) of this title inclusive, with the exception that the absentee ballot judges shall not proceed to tally the votes for any group of ballots but shall then secure such ballots, ballot envelopes, and any rejected ballot envelopes in a carrier envelope along with the log sheet showing the serial number of the log sheet. The absentee ballot judges shall then seal the carrier envelope or envelopes and deliver it/them to the board of elections. The board of elections shall then secure the carrier envelope or envelopes in locked cabinets until opened at a subsequent public meeting to tally the ballots on the day of the election in accordance with § 7578(4) and (6) through (10) of this title.
15 Del. C. § 5603A — Delaware Code / Title 15 / Chapter 56A / Section 5603A
§ Â
        5603A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

Votes cast by mail ballot under this chapter shall be counted in the total for the election district in which the elector is registered.
15 Del. C. § 206 — Delaware Code / Title 15 / Chapter 2 / Section 206
§ Â
        206. Oath.
Status: in_force

Each member of the Board, before entering upon that member’s duties and within 10 days from the time of that member’s appointment, shall take and subscribe to the oath or affirmation prescribed by the Constitution and shall record the same in the office of the recorder of the county of the member’s residence.
15 Del. C. § 5308 — Delaware Code / Title 15 / Chapter 53 / Section 5308
§ Â
        5308. Canvass of ballots from special polling place.
Status: in_force

The Superior Court, sitting as a board of canvass, shall receive the certificate, and in ascertaining and certifying the state of the election shall take into consideration the number of ballots certified by the inspector to have been received by that inspector and for whom and what office the votes were given, and give the certificate the same force and effect as a certificate of the election officers at any of the regular places of holding the election. The votes so given shall be reckoned among the number of votes given in the election district where they were received by the inspector, in the same manner as if they had been given at the regular place of voting in the district; provided always, however, that the Court shall be required to hear and determine challenges as to the right of any person, who delivered that person’s own ballot to the inspector, and reject any ballot if the person who cast the same had not a right to vote under the Constitution and laws of this State, either from want of qualification, or by reason of having voted at any other place in the State where the person was entitled to vote on the same day. Such of the ballots so received by the inspector, as are not rejected by the Court and also the list of voters, and the certificate shall be deposited by the Court in the regular ballot box of the election district where they were cast, and the box shall then be immediately resealed by the Court. The Court may also open the ballot box for the purpose. The Court may also examine on oath the inspector touching any matter connected with the inspector’s holding of the election, and may if it appear to it that the election was not fairly held by such inspector, reject the inspector’s certificate and throw out the vote returned by that inspector.
15 Del. C. § 2307 — Delaware Code / Title 15 / Chapter 23 / Section 2307
§ Â
        2307. Unauthorized entering of registration area; interference with registration; penalty.
Status: in_force

(a) Whoever, not being a registration officer or other department of elections personnel, enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration other than to register to vote shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 30 days nor more than 2 years, or both.

(b) Whoever enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration for the purpose of interfering with the registration officers in the discharge of their duties or whoever attempts to molest, disturb or prevent the registration officers or any of those seeking to register from proceeding regularly with registration, shall be fined not less than $500 nor more than $1,000 or imprisoned not less than 90 days nor more than 3 years, or both.
15 Del. C. § 7109 — Delaware Code / Title 15 / Chapter 71 / Section 7109
§ Â
        7109. Costs of special election.
Status: in_force

All necessary costs and expenses incurred in carrying into effect a special election, unless otherwise provided by the laws of this State, including the compensation of election officers, shall be paid by funds transferred to the Department by the Office of Management and Budget.
15 Del. C. § 3142 — Delaware Code / Title 15 / Chapter 31 / Subchapter III / Section 3142
§ Â
        3142. Powers to preserve peace.
Status: in_force

Each of the election officers of any primary election shall have the same powers as provided in § 4946 of this title.
15 Del. C. § 217 — Delaware Code / Title 15 / Chapter 2 / Section 217
§ Â
        217. Director and deputy director of departments of elections; limitations.
Status: in_force

No director or deputy director of any department of elections shall 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 director or deputy director 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) [42 U.S.C. § 20901 et seq.].
15 Del. C. § 5517 — Delaware Code / Title 15 / Chapter 55 / Section 5517
§ Â
        5517. File of absentee voters.
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 shall include, but shall not be limited to, the following entries:

(1) The name of elector;

(2) The address at which elector is registered;

(3) The address where ballot is to be mailed;

(4) The date the statement is received by the Department;

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

(6) The ballot envelope identification number;

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

(8) The date the ballot is returned.

(b) The Department shall compile from its files a list of names and addresses of all applicants for absentee ballots, and shall send current and complete copies thereof without cost to all political parties with candidates on the ballot in the forthcoming election. Such lists shall be provided no later than 2 weeks prior to 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. Comparable information from the file shall also be made available to representatives of all political parties at each office of the Department during the remaining 2 weeks before the election, such information to be recorded by such representatives from the daily records of the Department with the cooperation and assistance of the employees thereof.
15 Del. C. § 8040 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8040
§ Â
        8040. Certificates of election.
Status: in_force

No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has caused to be filed all reports required by § 8030 of this title to be filed prior to the election.
15 Del. C. § 7523 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7523
§ Â
        7523. Certificates of nomination.
Status: in_force

The nominations made under this subchapter for the various offices of the City of Wilmington, together with the name of the party and its device, shall be certified to the Department by the presiding officer and secretary of each political party on the date and in the manner prescribed for other nominations for the general election made under this title.
15 Del. C. § 2065 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2065
§ Â
        2065. Application date.
Status: in_force

Upon receipt of the applications at the Department of Elections or at the office of the State Election Commissioner, the applications shall be stamped by the agency’s time stamp. The date the applications are received in the office of the State Election Commissioner or at the Department of Elections is the date of the application.
15 Del. C. § 7707 — Delaware Code / Title 15 / Chapter 77 / Section 7707
§ Â
        7707. Determination of nominations.
Status: in_force

The sixteenth day before the day fixed for the holding of the election of delegates shall be the last day for the filing of nominating petitions with the Department or, if such sixteenth day falls upon a Sunday or a legal holiday, the day following shall be the last day for the filing of such nominating petitions, and thereafter nominations for the office of delegate to such convention shall be closed. After the closing of such nominations, the Department shall forthwith count and determine the number of signatures which each candidate for nomination as delegate to such convention has obtained upon the candidate’s or the Department’s nominating petition or petitions. In making such count and determination, the Department shall only count the signatures of those persons who are qualified voters of the county which the candidates propose to represent at such convention. A signature to such nominating petition shall be prima facie evidence that the person purporting to sign the same did actually sign the same and that such person is a qualified voter of the same county as the county of residence of the candidate or candidates whose names appear in such nominating petition, and all signatures to such nominating petitions shall be counted by the Department, unless, within 5 days after the closing of nominations, evidence satisfactory to the Department shall have been produced before him or her that a person whose name purports to have been signed to a nominating petition is either a fictitious person or not a qualified voter of the county of residence of the candidate or candidates whose nominating petition the person purports to have signed. After the closing of nominations all nominating petitions shall be open to the inspection of any qualified voter of the county in which such petitions have been filed.
15 Del. C. § 1307 — Delaware Code / Title 15 / Chapter 13 / Section 1307
§ Â
        1307. Expenses.
Status: repealed

Repealed by 70 Del. Laws, c. 188, § 8, effective Oct. 1, 1995.
15 Del. C. § 5161 — Delaware Code / Title 15 / Chapter 51 / Subchapter III / Section 5161
§ Â
        5161. Intimidation of election officers; penalty.
Status: in_force

If any person, firm, corporation or employer existing or doing business in this State, hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed an election officer under the laws of this State from qualifying and performing such person’s duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.
15 Del. C. § 3306 — Delaware Code / Title 15 / Chapter 33 / Section 3306
§ Â
        3306. Supplemental certificates of nomination.
Status: in_force

(a) Whenever it shall be determined, subsequent to the dates specified in §§ 3301 and 3303 of this title, that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the state, county or city (if a municipality holds its election at the time of the general election) committee shall convene within 24 hours of said determination to authorize the filing of a supplemental certificate of nomination for a substitute candidate, or to decline to issue such a certificate. However, in the case of the death of a candidate, said committee may convene within a reasonable period of time sufficient to have the new candidate’s name placed on the ballot, but in no case later than 5 days from the date of death.

(b) Such certificate, if issued, shall be delivered to the officer or officers to whom the original certificate was submitted no later than 12:00 noon of the day following that meeting at which the certificate was authorized. However, if said meeting shall occur within 5 days of the day of election, the certificate shall be delivered immediately.
15 Del. C. § 5522 — Delaware Code / Title 15 / Chapter 55 / Section 5522
§ Â
        5522. Duties of Department of Elections; political balance of absentee judges; security.
Status: in_force

(a) The Department shall ensure that each panel of absentee judges selected to officiate the procedures set forth in this chapter represent a politically balanced cross section of the major political parties participating in the election for which absentee ballots are being counted.

(b) The Department shall promulgate regulations to ensure the security and integrity of the procedures set forth in this chapter and that the counting process for absentee ballots is not subject to improper influences.
15 Del. C. § 5404 — Delaware Code / Title 15 / Chapter 54 / Section 5404
§ Â
        5404. Hours at designated early voting locations.
Status: in_force

(a) The State Election Commissioner shall open the designated early voting locations for at least 8 hours on each day of early voting.

(b) The State Election Commissioner shall close the designated early voting locations no earlier than 7 p.m. on each day of early voting and shall open the designated early voting locations by 7 a.m. on at least 5 of the early voting days.
15 Del. C. § 219 — Delaware Code / Title 15 / Chapter 2 / Section 219
§ Â
        219. Political activity limited; penalty.
Status: in_force

(a) No person, member, county director or deputy county director or employee of the Department shall directly or indirectly use or seek to use his or her authority or official influence to control or modify the political action of another person or at any time actively participate in any political activities or campaigns.

(b) Any person who shall violate this section shall be fined not more than $500 and shall forfeit that person’s position or employment.
15 Del. C. § 3116 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3116
§ Â
        3116. Fraud prosecution.
Status: in_force

Any allegation of fraud relating to a candidate or an elected official’s primary residence shall be submitted to the Attorney General for investigation and possible prosecution.
15 Del. C. § 3102 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3102
§ Â
        3102. Primary elections in all districts to be held on same day.
Status: in_force

The primary elections for major political parties shall be held in the various districts on the same day as elsewhere provided in this title.
15 Del. C. § 7307 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7307
§ Â
        7307. Polling places; voting machines; election officers.
Status: in_force

The Department:

(1) May combine all election districts voting at a location into a single voting district;

(2) May combine other election districts as necessary for the efficient conduct of the election;

(3) Shall assign a minimum of 2 voting machines and a maximum of 5 voting machines to a voting district; and

(4) Shall assign a sufficient number of election officers to each voting district.
15 Del. C. § 7576 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7576
§ Â
        7576. Time limit for return of ballot; late ballots.
Status: in_force

(a) Each municipality shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received by the municipality.

(b) Notwithstanding any other provision of this chapter, for an absentee ballot to be counted pursuant to this chapter, an elector voting by absentee ballot shall return the elector marked ballot to the municipality where the elector is qualified to vote before the polls close on the day of the election.

(c) Each municipality shall retain unopened any ballot envelope it receives after the polls close on the day of the election for 60 days after the election, or longer if directed by proper authority or required to do so by federal law.
15 Del. C. § 7332 — Delaware Code / Title 15 / Chapter 73 / Subchapter III / Section 7332
§ Â
        7332. Mode of choosing by General Assembly.
Status: in_force

In the joint meeting provided for by § 7331 of this title there shall be a distinct balloting for each elector, and a majority of all the votes given shall be necessary to an appointment; but if upon any ballotings 2 persons only shall be voted for and each shall receive an equal number of votes, the President of the Senate shall give an additional casting vote; if upon twice balloting in succession more than 2 persons be voted for and 1 of such persons on each balloting receive one half the number of all the votes given, the President of the Senate may, on the second balloting, give an additional casting vote to the person having 1/2 of the number of all the votes given, or, if that person decline, the Speaker of the House of Representatives may, if the Speaker think proper, give an additional casting vote to the person having one half of such vote.
15 Del. C. § 5114 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5114
§ Â
        5114. Improper conduct of printer of ballots and ballot envelopes; penalty.
Status: in_force

If the printer of the ballot or envelope or any person employed in printing the same:

(1) Knowingly gives or delivers or knowingly permits to be taken any ballots or envelopes by any person other than the department of elections for whom such ballots and envelopes are being printed; or

(2) Prints or causes or permits to be printed any ballot or envelope in any other form than the one prescribed by this title or with any other names thereon than those authorized by the department of elections or with the names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the department of elections,

he or she shall be fined not less than $100 nor more than $500 or imprisoned not less than 1 nor more than 5 years, or both.
15 Del. C. § 5131 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5131
§ Â
        5131. False count or certification by election officer.
Status: in_force

Whoever, being an election officer, wilfully:

(1) Makes any false count of votes cast at any election, or makes, signs, publishes or delivers any false return of such election or any false certificate or statement of the result of such election, knowing the same to be false; or

(2) Defaces, destroys or conceals any statement or certificate entrusted to that election officer’s care or custody

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.
15 Del. C. § 4942 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4942
§ Â
        4942. Electioneering in polling place; penalties; definitions.
Status: in_force

(a) No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election. No political headquarters or gathering shall be permitted within that building during the conduct of the election.

(b) Whoever violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.

(c) Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(d) For the purposes of this section the following definition shall apply:

“Electioneering” includes political discussion of issues, candidates or partisan topics, the wearing of any button, banner or other object referring to issues, candidates or partisan topics, the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics, the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise into the polling place or the area within 50 feet of the entrance to the building in which the voting room is located.
15 Del. C. § 5125 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5125
§ Â
        5125. Inducing election officers to violate election laws; penalty.
Status: in_force

Whoever induces or attempts to induce any election officers to violate any of the provisions of this title whether or not such election officers violate or attempt to violate any of such provisions shall be imprisoned not more than 5 years.
15 Del. C. § 5162 — Delaware Code / Title 15 / Chapter 51 / Subchapter III / Section 5162
§ Â
        5162. Intimidation of electors; penalty.
Status: in_force

If any person, or corporation existing or doing business in this State, hinders, controls, coerces or intimidates or attempts to hinder, control, coerce or intimidate any qualified elector of this State from or in the exercise of the elector’s right to vote at any general, special or municipal election held under the laws of this State, by means of bribery or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every elector so aggrieved may, in a civil action brought for that purpose, sue for and recover from the person or corporation so offending the sum of $500.
15 Del. C. § 4991 — Delaware Code / Title 15 / Chapter 49 / Subchapter IV / Section 4991
§ Â
        4991. Process.
Status: in_force

(a) The person making a complaint under this subchapter shall submit the complaint to the State Election Commissioner. The complaint must be in writing, notarized, and signed and sworn to by the person making the complaint.

(b) If a Department office receives a complaint, it shall forward it to the State Election Commissioner on the same business day that it is received.

(c) The State Election Commissioner shall notify the complainant or complainants of receipt of the complaint and provide the complainant or complainants a description of the complaint resolution process.

(d) The State Election Commissioner may consolidate similar complaints.

(e) If requested by the complainant or complainants, there shall be a hearing for the record.

(f) The State Election Commissioner shall appoint a person or persons to examine the complaint, gather information about the circumstances and then determine whether or not there was a violation of Title III of the Help American Vote Act of 2002 [52 U.S.C. § 21081 et seq.].

(g) If the person handling the complaint determines that a violation has occurred, that person shall recommend a suitable remedy to the State Election Commissioner. The Commissioner may accept, reject or modify any proposed remedy.

(h) If the person handling the complaint determines that a violation did not occur, the complaint shall be dismissed.

(i) The State Election Commissioner shall publish the results of the resolution of each complaint as the Commissioner sees fit.

(j) A final determination shall be made on each complaint as quickly as possible, but no later than 90 days following the date that the complaint was filed unless the complainant consents to a longer period for resolving the complaint.

(k) If the complaint is not resolved within 90 days and the complainant has not agreed to a longer period, the State Election Commissioner shall take such steps as necessary to resolve the complaint within the next 60 days. The original complaint and all information developed in the previous attempt or attempts to resolve the issue or issues shall be made available to the person or persons subsequently charged with resolving the complaint.

(l) The State Election Commissioner shall develop a system for tracking complaints alleging Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] violations.
15 Del. C. § 1501-1518 — Delaware Code / Title 15 / Chapter 15 / Section 1501-1518
§ ÂÂ
        1501-1518. Appointment; qualifications; recommendations of political parties; terms of office; certificate of appointment; alternate registrars â appointment; powers and duties; oath of office for registration and election officers; appearance of registration and election officers for taking of oath and instruction; removal; vacancies; compensation; payment procedure; source of pay; quorum; majority action; equal representation; duties; exemptions from military duty and service as registration officer; refusal to qualify or act; penalty; vacation of office; registration officers not to be candidates; special powers of registrars during registration; duties of assistant registrars; registrar to file affidavits.
Status: repealed

Repealed by 67 Del. Laws, c. 354, § 3, effective July 16, 1990.
15 Del. C. § 7525 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7525
§ Â
        7525. Ballots.
Status: in_force

The names of the candidates for the Mayor, Council, and other officers of the City of Wilmington must be printed on the single ballot as prescribed by § 4501 of this title and to meet the requirements of §§ 5000A through 5012A of this title.
15 Del. C. § 3101A — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3101A
§ Â
        3101A. Direct primary elections.
Status: in_force

The nominations of candidates by all major political parties for all offices to be decided at a general election shall be conducted by direct primary. All such primaries shall be conducted by the Department under the applicable provisions of this title.
15 Del. C. § 3187 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3187
§ Â
        3187. Filing requirements.
Status: in_force

A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political party affiliation as the candidate, who is authorized by the candidate to act on the candidate’s behalf in all election-related matters. The candidate will be held jointly responsible with the candidate’s authorized representative for compliance with all of the election laws for the State.
15 Del. C. § 7302 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7302
§ Â
        7302. Time of election; general election.
Status: in_force

It shall be in the discretion of the Governor whether to appoint a day for holding elections under this chapter, before the day of holding the general election next after the happening of a vacancy, and, if the day of holding the general election shall be appointed, then the election shall be held and conducted and all the proceedings touching the same had as part of the general election.
15 Del. C. § 7719 — Delaware Code / Title 15 / Chapter 77 / Section 7719
§ Â
        7719. Applicability of act of Congress.
Status: in_force

If at or about the time of submitting any such amendment, Congress shall, either in the resolution submitting the same or by a statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the provisions of this chapter shall be inoperative, the convention shall be constituted and shall operate as the resolution or act of Congress shall direct, and all officers of this State who may by the resolution or statute be authorized or directed to take any action to constitute such a convention for this State shall act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this State.
15 Del. C. § 5101 — Delaware Code / Title 15 / Chapter 51 / Subchapter I / Section 5101
§ Â
        5101. Jurisdiction of Court.
Status: in_force

The Superior Court shall have exclusive, original jurisdiction of offenses under this title and no prosecution for the violation of any section of this title shall be brought in any other court.
15 Del. C. § 7102 — Delaware Code / Title 15 / Chapter 71 / Section 7102
§ Â
        7102. Day for holding special election.
Status: in_force

(a) Except as provided under subsection (b) of this section, the officer issuing the writ shall set the day for holding the special election for the vacancy in the General Assembly, but such day shall not be less than 30 nor more than 35 days next after the day of issuing the writ.

(b) If a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the officer issuing the writ shall set the time for the election to fill the vacancy at the time of the general election unless the vacancy occurs after September 1 but before the general election and the office for which there is to be a special election is not on the ballot for the aforesaid general election, in which event, the officer issuing the writ shall set the time for the special election no earlier than December 12 nor later than December 20 in the year of the general election.

(c) Notwithstanding subsection (b) of this section, if a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the presiding officer of the house in which the vacancy occurs may determine that a special election shall be held sooner than the date of the general election, in which event the requirements of § 7101 of this title and subsection (a) of this section shall be followed.
15 Del. C. § 3169 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3169
§ Â
        3169. Alcoholic liquor in locale of primary election; penalty.
Status: in_force

Whoever, during the time that any primary election is in progress in any primary election district or during the time the ballots cast thereat are being counted:

(1) Brings, takes, orders or sends into, or attempts to bring, take or send into any place of holding any primary election, any alcoholic liquor whatever; or

(2) At any such time and place drinks or partakes of any alcoholic liquor;

shall, for every such offense, be fined not less than $5.00 nor more than $10.
15 Del. C. § 4512 — Delaware Code / Title 15 / Chapter 45 / Section 4512
§ Â
        4512. Polling places; designation and preparation.
Status: in_force

(a) The Department shall designate and procure for each election district in its county a polling place.

(b) The Department shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places at least 350 square feet in size or apartment buildings or complexes consisting of 50 or more units or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the State Board of Elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the Department designate a private residence as a polling place. If the Department is uncertain of the accessibility of a proposed or existing polling place, or receives written notice of a deficiency from the State Council for Persons with Disabilities or a registered voter, it shall request a site assessment from the Architectural Accessibility Board and defer to the findings of the Board. The Department shall not issue more than 5 such requests on an annual basis without the consent of the Board.

(c) The same public building may be designated as housing the polling place for 1, 2, or 3 election districts, in the discretion of the Department, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access and, if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other.

(e) Whenever the Department has designated as polling places facilities owned or leased by:

(1) Agencies or subdivisions of this State; or

(2) Recipients of state funding in excess of $10,000 in the 2 years preceding such designation,

it shall be the duty of the officials of such agencies or subdivisions or said recipients of state funding to make these facilities available and to provide a suitable and acceptable location, heat, lighting and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision or said recipient of state funding.

(f) The Department shall publish in a newspaper of general circulation, either as an advertisement or as a separate insert, a listing of all polling places by district, at least once during the week preceding the election.

(g) The Department may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State contracting with said entity for the purposes of using its facility as a polling place to conduct elections. Furthermore, the State shall purchase insurance against claims of damage to protect against such claims and indemnify the U.S. Government.
15 Del. C. § 7551 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7551
§ Â
        7551. Boards of Election; appointment, authority.
Status: in_force

(a) A Board of Elections shall be appointed as provided in the municipality’s charter or code and shall oversee the election of the municipality’s government.

(b) Members of municipal Boards of Elections shall be qualified electors in the municipality for which they are appointed and shall not be an elected official or candidate or an immediate family member of an elected official or candidate (mother, father, son, daughter, brother, sister, including half-brothers and sisters, stepfamily members and in-laws).

(c) Members of municipal Boards of Elections shall serve terms as provided in the municipality’s charter or code.

(d) Upon confirmation of a member to a municipality’s Board of Elections, the municipality shall issue a Certificate of Appointment to the member and the member shall swear or affirm the following oath orally and in writing:

I, , do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties as a member of the Board of Elections for the city (or town) of by ensuring that elections within the city (or town) are conducted fairly, impartially and in accordance with the Delaware Code and city (or town) charter and ordinances to the best of my ability.

(e) A municipal Board of Elections member shall not participate in electioneering. Electioneering includes political discussion of issues, candidates or partisan topics; the wearing of any button, banner or other object referring to issues, candidates or partisan topics; the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics; and the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise. A Board of Elections member who violates this section shall be fined not more than $500 and shall forfeit that Board of Election member’s position on the Board.

(f) Municipal Boards of Elections shall consist of an odd number of members as stated in the municipality’s charter or code, but in no case shall there be fewer than 3 members on the Board.

(g) Unless otherwise provided in the municipality’s charter or code, the municipality’s Board of Elections shall oversee the absentee ballot process for elections conducted in accordance with subchapters IV and V of this chapter.

(h) The Department of Elections shall make training available for the members of the municipality’s Board of Elections on their roles and responsibilities.

(i) A municipal Board of Elections may request, in writing, advice and guidance from the Department of Elections. The Department to which a Board of Elections makes a request shall provide a written response as soon as practical but no later than 7 business days following receipt of the request.

(j) Municipalities shall post the names and contact information for its Board of Elections in the city/town hall or in the building where the municipal government meets, and on the municipality’s website if it has one.

(k) A municipality shall notify the State Election Commissioner of the members of its Board of Elections when such members are installed.
15 Del. C. § 7107 — Delaware Code / Title 15 / Chapter 71 / Section 7107
§ Â
        7107. Board of canvass.
Status: in_force

The Superior Court of each county in which a special election is held, as constituted under article V, § 6 of the State Constitution, shall, at 10 a.m. on the second day after such special election, convene and perform its duties, prescribed by such section, with reference to such special election, at the same place, with the same powers and in the same manner as for a general election.
15 Del. C. § 205 — Delaware Code / Title 15 / Chapter 2 / Section 205
§ Â
        205. Confirmation or rejection of appointments.
Status: in_force

The Senate shall either confirm or reject any appointment under § 202 of this title within 10 legislative days of its receipt or said appointment is deemed confirmed.
15 Del. C. § 3112 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3112
§ Â
        3112. Sale of alcoholic liquor on day of primary election.
Status: repealed

Repealed by 76 Del. Laws, c. 237, § 4, effective June 18, 2008.
15 Del. C. § 2036 — Delaware Code / Title 15 / Chapter 20 / Subchapter V / Section 2036
§ Â
        2036. Deadline to register to vote: primary and general elections.
Status: in_force

The last date to register to vote for any presidential primary, primary, special and general election shall be the day of that election. A person may register to vote at said person’s polling place from 7 a.m. to 8 p.m. by submitting with that person’s application, a copy of a current and valid government-issued photo identification or a current document displaying the name and address of the person registering to vote, such as a utility bill, bank statement, government check, or paycheck. The term “current” as used in this section to forms of identification other than those that are government issued shall mean the documents must be dated within 60 days prior to the registration date.

(1) Mail applications received on or before the deadline shall be considered to be on-time and shall be immediately processed by the Department; and

(2) Applications taken by agencies in accordance with subchapter VII of this chapter and received by the Department on or before the deadline shall be considered on-time and shall be processed by the Department immediately upon receipt.
15 Del. C. § 5608A — Delaware Code / Title 15 / Chapter 56A / Section 5608A
§ Â
        5608A. Voting procedure; execution of statement; return of ballot [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The procedure for completing a mail ballot and returning it to the Department includes all of the following:

(1) An elector who receives a mail ballot under this chapter shall complete the ballot by marking it with the elector’s selections and shall place the completed ballot in the envelope marked “BALLOT ENVELOPE”.

(2) The elector shall confirm that the information about that elector on the ballot envelope is correct and then sign the self-administered oath and enter 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.

(3) The elector shall then seal the ballot envelope.

(4) The elector shall return the sealed ballot envelope to the Department before the polls close on the day of the election by doing any 1 of the following:

a. Depositing it, or causing it to be deposited, in a United States postal mailbox, thereby mailing it to the Department.

b. Delivering it, or causing it to be delivered, to the Department.

c. Placing it, or causing it to be placed, in a secure drop-box located in a publicly accessible portion of each Department of Elections Office.

(b) Mail ballots received by the Department before the day of the election may be processed and scanned but may not tabulated until the day of the election.
15 Del. C. § 207 — Delaware Code / Title 15 / Chapter 2 / Section 207
§ Â
        207. Compensation of members.
Status: in_force

The compensation of Board members shall be as provided in the Budget Act; provided, however, that no Board member shall receive compensation for any Board meeting for which such member was not in attendance. In addition, the State Election Commissioner shall not be entitled to any additional compensation by virtue of his or her service as an ex officio member of the Board.
15 Del. C. § 302 — Delaware Code / Title 15 / Chapter 3 / Section 302
§ Â
        302. General powers and duties of Commissioner.
Status: in_force

The Commissioner shall have the following powers and duties:

(1) To furnish, by purchase, lease, or otherwise, such equipment, supplies and services that may be required in order to conduct the Commissioner’s own powers and duties prescribed in this title;

(2) To order any department, board, commission or agency of this State to transfer to the Commissioner any equipment or supplies to the Commissioner’s custody that are owned by the State and not in use by the department, board, commission or agency concerned, which may be used by the Commissioner in conducting the functions of the Commissioner’s office;

(3) To select and maintain in the City of Dover, preferably in a building owned by the State, suitable office space;

(4) To make reasonable rules and regulations with respect to the functions of the Commissioner’s office and with respect to the manner of making entries in registration and election records to be followed by the Department and all registration and election officers;

(5) To have the sole responsibility for the security of the records in the Commissioner’s office which shall not be delegated to anyone;

(6) To prescribe the form of the registration and election records which under this title are to be uniform throughout this State so long as they are not in conflict with this title;

(7) To supply necessary instruction and assistance to the Department and all registration and election officers in order to insure uniform operation of this title throughout the State. In addition, the Commissioner may develop standards and operating procedures for the purpose of having a statewide uniform election system. These standards shall be directed toward ensuring consistency in the redistricting process, the use of technology and the conduct of general, primary special and school elections. The Commissioner shall collaborate with the Department in developing additional standards or amending or revising existing standards;

(8) Such other powers and duties as may be necessary in order for the Commissioner to carry out the Commissioner’s own functions under this title;

(9) To be an ex officio member of the State Board of Elections;

(10) To attend each State Board of Elections meeting at which time the Commissioner may do the following:

a. Participate in any and all discussions; and

b. Cast a vote only in the event of a tie;

(11) To collect unofficial results for each primary, special and general election for each election district used in the said election and to tabulate, report and disseminate the results of the election as soon as possible to the public;

(12) Subject to the policies and directives of the State Board of Elections, to have general supervision over the county directors, deputy county directors, and other employees of the Department of Elections in carrying out their respective duties and responsibilities;

(13) To establish procedures to allow citizens to report possible violations of this title to the Commissioner, to any county director, or to deputy county director, which shall include procedures for anonymous reporting of possible violations thereto;

(14) To investigate information coming to the attention of the Commissioner that, if true, would constitute a violation of Chapter 80 of this title; and

(15) To prepare and publish manuals and guides explaining the duties of individuals covered by this title, including without limitation Chapter 80 of this title hereof, and to promulgate instructions and public information materials to facilitate compliance with, and enforcement of this title.

(16) Receive and review the State Bureau of Identification criminal history background checks on candidates for public office; and

(17) Determine whether an individual is qualified under §  21 of Article II of the Delaware Constitution to be a candidate for election to public office.
15 Del. C. § 8012A — Delaware Code / Title 15 / Chapter 80 / Subchapter II / Section 8012A
§ Â
        8012A. Contributions to a political party from a joint account.
Status: in_force

(a) Any contribution to a political committee made by means of a check, debit card, or other means of payment from a joint account shall be allocated to the person who signed the check, who authorized the payment in writing, or who provided an electronic signature or electronic verification for such contribution. If more than 1 person on the joint account signed the check, authorized payment in writing, or provided their electronic signature or electronic verification authorizing the contribution, then the contribution shall be allocated equally to those persons unless written directions are provided upon receipt of the check or authorization of payment as to how to allocate the contribution amongst those persons.

(b) If a contribution to a political committee by means of a check, debit card, or other form of payment from a joint account causes a contributor to exceed the limits established in this subchapter, the treasurer of such political committee shall either:

(1) Return the excessive portion of the contribution to the contributor; or

(2) Reattribute such contribution if:

a. The treasurer informs such contributor in writing that he or she has exceeded the limit;

b. The treasurer informs such contributor in writing that he or she may request the return of the excessive portion of the contribution; and

c. Such contributor provides the treasurer with written directions reattributing the contribution signed by each person the contribution is being attributed within 60 days of the political committee receiving the contribution.
15 Del. C. § 5010A — Delaware Code / Title 15 / Chapter 50A / Section 5010A
§ Â
        5010A. Inoperative voting devices.
Status: in_force

If during the conduct of an election a voting device becomes inoperative, the election officers shall seal it in such manner as to prevent further voting thereon. The Department shall maintain and hold in readiness a reasonable number of extra voting devices to be supplied to election districts where a voting device has become inoperative, and the Department shall take reasonable steps to ensure rapid delivery in such event.
15 Del. C. § 3163 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3163
§ Â
        3163. Receiving illegal or refusing legal votes; penalty.
Status: in_force

Whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully receives, or advises or consents to the receiving of, the vote of any person not entitled to vote at such primary election; or whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully refuses to receive the vote of any person entitled to vote at such primary election, shall, for every such offense, pay $100 to any person who sues for the same or be fined not less than $100, and, in either case, be imprisoned until the judgments, fines and costs are paid in full or discharged by the court.
15 Del. C. § 7521 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7521
§ Â
        7521. Elections.
Status: in_force

Registration and elections in the City of Wilmington for the Mayor, Council and other officers of the City of Wilmington shall in all respects be conducted in conformity with the provisions governing general elections as provided under this title, except that the canvass of the vote shall be conducted by the Department, which shall certify those candidates elected to office.
15 Del. C. § 2302 — Delaware Code / Title 15 / Chapter 23 / Section 2302
§ Â
        2302. Wrongful registration; assault; riot; breach of peace; penalty.
Status: in_force

Whoever causes or attempts to cause himself or herself to be registered in:

(1) The name of any other person living or dead or under any fictitious name; or

(2) Any election district in this State, knowing that he or she has not the right to be registered; or

(3) Whoever, knowing himself or herself to be registered in any election district in this State, causes or attempts to cause himself or herself to be registered in any other election district in this State without having first caused that person’s own record to be removed from the Election District Record in which that person’s original permanent registration record may have been previously entered; or

(4) Whoever, knowing himself or herself to be disqualified as a voter at the next following general election, causes or attempts to cause himself or herself to be entered in the Election District Record in any election district in this State as a registered voter therein or unlawfully interferes with any registrar, alternate registrar or assistant registrar in the discharge of his or her duties under this title; or

(5) Whoever makes any assault or commits any assault and battery or incites or creates any riot or breach of the peace at or near to any place of registration in this State during the sitting of any registration officers;

shall be fined not less than $50 or more than $200 or imprisoned not less than 30 days or more than 2 years or both.
15 Del. C. § 3405 — Delaware Code / Title 15 / Chapter 34 / Section 3405
§ Â
        3405. Write-in candidates for a special election.
Status: in_force

Section 3402 of this title shall apply for a special election except that a person shall file that person’s Write-in Candidate Declaration no later than the eighth day prior to the date of the election and may not withdraw that person’s declaration.
15 Del. C. § 7575 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7575
§ Â
        7575. Voting procedure; execution of affidavit; return of ballot.
Status: in_force

The procedure for completing an absentee ballot and returning it to the municipality is as follows:

(1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it with the elector’s selections and shall place the completed ballot in the envelope marked “BALLOT ENVELOPE.”

(2) The elector shall confirm that the information about that elector on the ballot envelope is correct and then sign the self-administered oath.

(3) The elector shall then seal the ballot envelope.

(4) The elector shall return the sealed ballot envelope to the municipality by:

a. Depositing it in a United States postal mailbox, thereby mailing it to the municipality issuing the ballot; or

b. Delivering it, or causing it to be delivered, to the municipality before the polls close on the day of the election.
15 Del. C. § 4501 — Delaware Code / Title 15 / Chapter 45 / Section 4501
§ Â
        4501. Single ballot for all candidates.
Status: in_force

There shall be a single ballot for Presidential, Vice-Presidential, state, county and district candidates.
15 Del. C. § 3184 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3184
§ Â
        3184. Candidates for presidential election.
Status: in_force

A candidate shall be eligible for the presidential primary election if:

(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or

(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of this title.
15 Del. C. § 5524 — Delaware Code / Title 15 / Chapter 55 / Section 5524
§ Â
        5524. Emergency authority for the State Election Commissioner.
Status: in_force

(a) In the event that a national or local emergency makes substantial compliance with the provisions of this title and/or the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. § 20301 et seq.) impossible or unreasonable for some of all of the citizens covered under § 5502(1) or (2) of this title, the State Election Commissioner may direct the use of special procedures to facilitate absentee voting for those citizens directly affected who are eligible to vote in the State. Such an emergency may be a natural and/or humanitarian disaster; and/or armed conflict involving United States Armed Forces to include mobilized State National Guard and/or Reserve components.

(b) The State Election Commissioner shall consult with the Governor and the Federal Voting Assistance Program or its successor prior to directing the use of the special procedures cited in subsection (a) of this section.

(c) The State Election Commissioner, in collaboration with the Department, shall promulgate special procedures to be followed in the event that such a national or local emergency occurs.
15 Del. C. § 4902 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4902
§ Â
        4902. Absence of election officer on election day; notice to Department.
Status: in_force

If on the day of holding an election any election officer authorized by law to serve at the election in any election district is absent from the place of election at 7:00 a.m., the inspector, if present, or, in the absence of the inspector, then any judge who may be present, shall immediately notify the Department office in that inspector’s or judge’s county of the absence.
15 Del. C. § 5502 — Delaware Code / Title 15 / Chapter 55 / Section 5502
§ Â
        5502. Persons eligible to vote by absentee ballot.
Status: in_force

Any qualified elector, duly registered, of this State may cast the qualified elector’s vote by absentee ballot in any primary election, general election, special election for statewide or local offices and in any election held under the provisions of Chapter 73 of this title. Votes cast by absentee ballot pursuant to this chapter shall be counted in the total for the election district in which the elector is registered if the elector is unable to appear at the polling place of the elector’s election district due to 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 marine 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 his or her parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury; or

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

(5) Because such person is absent from the district 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; or

(7) Because such person is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [52 U.S.C. § 20301 et seq.] to vote by absentee ballot; or

(8) Because such person is otherwise authorized by federal law to vote by absentee ballot.
15 Del. C. § 5105 — Delaware Code / Title 15 / Chapter 51 / Subchapter I / Section 5105
§ Â
        5105. Application to school elections.
Status: in_force

The provisions of this chapter shall additionally be applicable to any local school elections held under Title 14.
15 Del. C. § 4301 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4301
§ Â
        4301. Presidential electors; election.
Status: in_force

Electors of a President and Vice-President of the United States must be chosen at the general election held in the year of a presidential election. The election of the electors must 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. § 5133 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5133
§ Â
        5133. Wilful neglect of duty by election officers.
Status: in_force

Whoever, being an election officer of whom any duty is required in this title, is guilty of any wilful neglect of such duty or of any corrupt or fraudulent conduct or practice in the execution of the same shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.
15 Del. C. § 7584 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7584
§ Â
        7584. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.
Status: in_force

If any request for an absentee ballot and accompanying envelopes, or any marked ballot of any such elector are addressed to and returned to any official other than the proper official of the municipality where the elector is qualified to vote, then the official shall immediately transfer such request or returned marked ballot to the proper officer of the municipality where the elector is qualified to vote, to be acted upon by the municipality as provided by this subchapter.
15 Del. C. § 7104 — Delaware Code / Title 15 / Chapter 71 / Section 7104
§ Â
        7104. Notices.
Status: in_force

The Department shall provide notice of the special election as follows:

(1) On the next day after receiving a writ of election, unless the same shall be a Sunday or state holiday, and then on the next business day following, the Department shall post a proclamation reciting the writ and appointing a day for holding a special election and the officer or officers to be chosen on the outside of the courthouse door of its county, the State’s and the department’s web site, and the state calendar; and

(2) On the fifth, third and last day prior to the special election, the Department shall publish notice of the special election in a newspaper of general circulation that covers the legislative district up for election.
15 Del. C. § 5948 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5948
§ Â
        5948. Citation; service and return.
Status: in_force

Before the statement is filed, the prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as that person may have, which citation shall be delivered to the sheriff or, if the sheriff be a party to the contest, to a local law-enforcement officer, and be served by the sheriff or law-enforcement officer upon the party defendant in person or, if the party defendant cannot be found, by leaving a copy thereof at the house where the party defendant last resided at least 5 days before the day to which such citation is returnable. The original citation shall be returned to the prothonotary on or before the first day of the next term of Court after it is issued, and the manner of service shall be endorsed thereon and signed by the officer serving the same.
15 Del. C. § 4505 — Delaware Code / Title 15 / Chapter 45 / Section 4505
§ Â
        4505. Substitution of candidateâs name after creation of ballots [For application of this section, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the Department shall promptly notify electors using absentee or mail ballots of the substitution and do either of the following:

(1) Provide new ballots, if there is sufficient time before the election.

(2) Take other appropriate measures if there is insufficient time before the election to provide new ballots.
15 Del. C. § 7712 — Delaware Code / Title 15 / Chapter 77 / Section 7712
§ Â
        7712. Use of separate ballot; form.
Status: in_force

The election shall be by ballot, separate from any ballot to be used at the same election. Such ballot, if used at a general election, shall be enclosed in the same envelope as the ballot for use at such general election, otherwise each ballot cast shall be enclosed in a separate envelope. The ballot shall first state the substance of the proposed amendment. This shall be followed by appropriate instructions to the voter. It shall then contain perpendicular columns of equal width headed respectively in plain type “For Ratification,” “Against Ratification” and “Uncommitted.” In the column headed “For Ratification” shall be placed the names of the nominees nominated from the entire State as in favor of ratification, in alphabetical order. In the column headed “Against Ratification” shall be placed the names of the nominees nominated from the entire State as against ratification, in alphabetical order. In the column headed “Uncommitted” shall be placed the names of the nominees nominated from the entire State as uncommitted to either ratification or rejection, in alphabetical order. The voter shall indicate that voter’s own choice by making 1 or more cross marks in the appropriate spaces provided on the ballot. No ballot shall be held void because any such cross mark is irregular in character. The ballot shall be so arranged that the voter may by making a single cross mark, vote for the entire group of nominees whose names are comprised in any column. The ballot shall be as like as possible to the form of the official ballot now used in this State and substantially in the following form:

CONVENTION TO RATIFY FEDERAL

Delegates to the Convention to Ratify the Proposed Amendment.

The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).

The Congress has also proposed that the amendment shall be ratified by Conventions in the States.

INSTRUCTIONS TO VOTERS

Do not vote for more than 17 candidates.

To vote for all candidates in favor of Ratification of the proposed amendment, or for all candidates against Ratification of the proposed amendment, or for all candidates who intend to remain uncommitted to either Ratification or Rejection of the proposed amendment, make a cross mark in the Block at the head of the list of candidates for whom you wish to vote. If you do this, make no other mark.

To vote for an individual candidate make a cross mark in the Block at the left of the name.

All ballots used at elections for ratifying conventions shall be printed as outlined in this section. However, the Governor may, if the Governor deems it expedient, in the Governor’s own proclamation calling for election of delegates to a ratifying convention, direct that there be printed on the ballots additional information that will be more informative to the electorate on the subject which is being voted upon.
15 Del. C. § 4503 — Delaware Code / Title 15 / Chapter 45 / Section 4503
§ Â
        4503. Creating ballots [For application of this section, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

The Department shall create the ballots to be used in the voting devices and print or cause to have printed sufficient mail and absentee ballots for any election conducted by the Department under the provisions of this title.
15 Del. C. § 4938 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4938
§ Â
        4938. Grounds for admitting a person to a voting machine.
Status: in_force

The election officers shall only admit to a voting machine a person whose name appears on the poll list, who is authorized to vote by the department of elections or who is authorized to vote by court order.
15 Del. C. § 8004 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8004
§ Â
        8004. School boards and offices paying under $1,000.
Status: in_force

Notwithstanding § 8003 of this title, or any other provision of this chapter, a candidate for election to a school board or to any other public office that pays less than $1,000 per year is not required to form a candidate committee if the candidate signs under penalty of perjury a statement, in a form prepared by the Commissioner, certifying that the candidate does not intend or expect that the candidate’s campaign will receive or spend, from the date of the first contribution or expenditure on behalf of the candidate’s election until the end of the year in which the election for the office is held, more than $5,000. If, notwithstanding the execution of the statement, the candidate’s campaign nevertheless receives more than $5,000 in contributions or expends more than $5,000, including any contributions or expenditures by the candidate, before the end of the year in which the election for the office is held, the candidate shall, within 7 days after the receipt or expenditure in excess of $5,000, notify the Commissioner and cause to be filed all reports that would otherwise have been required under this chapter.
15 Del. C. § 2062 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2062
§ Â
        2062. Approval.
Status: in_force

The Commissioner shall approve all applications, under § 2060 of this title, provided:

(1) The requested training date is prior to the start of the proposed voter registration activity or drive.

(2) The applying entity has not violated the provisions of this subchapter, title or regulations promulgated by the State Election Commissioner for conducting voter registration on a continuing basis or during a previous organized voter registration drive.
15 Del. C. § 4306 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4306
§ Â
        4306. Compensation of electors and clerk.
Status: in_force

The electors respectively shall receive for attendance and travel the same compensation as members of the General Assembly, to be paid, as also the compensation of the clerk, by the State Treasurer on a warrant signed by the electors out of any money in the treasury not otherwise appropriated.
15 Del. C. § 5512 — Delaware Code / Title 15 / Chapter 55 / Section 5512
§ Â
        5512. Envelopes in general; approval by Attorney General.
Status: in_force

The Attorney General shall personally approve each kind or type of envelope for use pursuant to this chapter. The Department shall not purchase, use, have printed upon, mail or deliver any envelope for use pursuant to this chapter unless such type or kind of such envelope has first been approved personally by the Attorney General.
15 Del. C. § 5129 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5129
§ Â
        5129. False entries by clerk of election.
Status: in_force

Whoever, being a clerk of election or other election officer performing the duty of such clerk:

(1) Wilfully keeps a false poll list; or

(2) Knowingly inserts in that clerk of election’s or election officer’s poll list any false statement, or any name, statement, check, letter or mark, except as provided by law,

shall be deemed to have knowingly and wilfully violated that clerk of election’s or election officer’s official duty.
15 Del. C. § 2033 — Delaware Code / Title 15 / Chapter 20 / Subchapter IV / Section 2033
§ Â
        2033. Special procedures for persons who register to vote by mail and have not voted in the state in an election for federal office.
Status: in_force

(a) A person who registers to vote by mail on or after January 1, 2003, shall submit with that person’s application a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. Should the person not include a copy of the required identification with the voter registration application, the voter shall provide a valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter prior to voting for the first time at a polling place in the State. If the person fails to show required identification at the polling place, that person shall be permitted to vote by provisional ballot. The poll lists and signature cards for each polling place shall identify those persons who must show proper identification before being permitted to vote.

(b) A registrant may satisfy the requirement to submit identification by subsequently submitting a voter registration application through a source not subject to the provisions of this section (e.g. through the Division of Motor Vehicles).

(c) A person who votes by absentee ballot and who registered to vote for the first time by mail and did not submit a copy of any of the required identification documents shall submit a copy of one or more of the documents listed in subsection (a) of this section showing the person’s name and address with the absentee ballot. The absentee ballot from a person who is required to submit identification, and who does not, shall not be counted.

(d) This section does not apply to persons listed in § 1901(a) of this title or to persons identified in subsection (a) of this section who submitted their driver’s license number (includes State ID card number) or Social Security number that the Department is able to use to verify an existing state identification record bearing the same number, the name and date of birth as provided by the applicant.
15 Del. C. § 2064 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2064
§ Â
        2064. Procedures.
Status: in_force

(a) Entities conducting voter registration shall account for the disposition of every application provided by the Department of Elections or the office of the State Election Commissioner by application number. The State Election Commissioner shall promulgate procedures that entities shall use to document the disposition of voter registration applications.

(b) The temporary registrar shall sign each application the temporary registrar completes in the “agency representative” block.

(c) Application date shall be left blank. The application date shall be the date the applications are received in the Department of Elections or the office of the State Election Commissioner as required in this chapter.

(d) All applications completed or issued by the organization shall be annotated by the temporary registrar with the code provided by the State Election Commissioner.

(e) All applications shall be completed in block letters in blue or black ink.

(f) Unsigned applications shall be rejected as incomplete.

(g) The person applying to register to vote shall show the temporary registrar proof of address and identity as required by the State Election Commissioner.

(h) An entity, temporary registrar or other person involved in a voter registration activity or drive shall not:

(1) Seek to influence an applicant’s political preference or party registration;

(2) Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote;

(3) Offer, promise or pay any money or other valuable thing as compensation, inducement or reward to anyone eligible to register to vote for registering or abstaining from registering to vote;

(4) Deny anyone who is eligible to register to vote but refuses to register to vote any services available through the entity.

(i) The entity conducting the voter registration activity or drive must inform each person who applies to register to vote through their activity or drive that they are not registered to vote until the Department of Elections has verified and accepted the application.
15 Del. C. § 2046 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2046
§ Â
        2046. Notice by first-class mail sufficient.
Status: in_force

In all cases where this subchapter requires written notice to be given to any person, such notice shall be deemed sufficient if sent by first-class mail addressed to the person to be notified at the post office address named by the person at the time of that person’s application for registration.
15 Del. C. § 4104 — Delaware Code / Title 15 / Chapter 41 / Section 4104
§ Â
        4104. Notice of change of election district boundaries in New Castle County.
Status: repealed

Repealed by 61 Del. Laws, c. 480, § 7, effective July 11, 1978.
15 Del. C. § 7301 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7301
§ Â
        7301. Special election to fill vacancy.
Status: in_force

Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States, an election shall be held to fill such vacancy on such day as the Governor shall appoint, in the several counties at the same places which at the time shall be prescribed by law for holding the general election.
15 Del. C. § 4905-4908 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4905-4908
§ ÂÂ
        4905-4908.  Meaning and scope of inspectorâs or judgeâs oath; oath of clerk of elections on election day; meaning and scope of clerkâs oath; reading of sections declaring meaning and scope of oaths.
Status: repealed

Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.
15 Del. C. § 5602A — Delaware Code / Title 15 / Chapter 56A / Section 5602A
§ Â
        5602A. Applicability [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

This chapter applies to the following elections:

(1) A nonpresidential primary election.

(2) A general election.

(3) A special election to fill a vacancy in a statewide office, the General Assembly, or an office covered under Chapter 73 of this title.
15 Del. C. § 4910 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4910
§ Â
        4910. Instruction sheets; sample ballots.
Status: in_force

(a) The State Election Commissioner, in collaboration with the Department offices, shall design a poster or posters that is uniform throughout the State. The poster or posters must be publicly displayed in each polling place on the day of the election. The poster or posters must contain all of the following information:

(1) Information stating the date and hours during which the polling place will be open.

(2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.

(3) A statement on the importance of verifying that the markings on the voting device-printed paper ballot reflect the voter’s intended choices, and instructions on what steps to take if the paper ballot does not reflect the voter’s actual choices.

(4) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [52 U.S.C. § 21083(b)].

(5) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.

(6) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.

(b) The Department shall also provide for each election district 2 sample ballots applicable to such election district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies to the proper election officers throughout the county.

(c) The Department shall deliver sample ballots free of change for each unique ballot in the county to the county chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the election.

(1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more.

(2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor parties may receive up to 15 sample ballots without charge.

(3) The Department shall establish the cost for additional sample ballots beyond the number specified in paragraphs (c)(1) and (2) of this section above.

(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the Department shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any political party in any county. However, the Department shall not have printed any sample ballots upon the order or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered.
15 Del. C. § 4909 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4909
§ Â
        4909. Administering and signing the oath.
Status: in_force

(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election officers appointed in the election district. A judge shall then administer the oath to the inspector.

(b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the oath to any election officer who was not present when the oath was administered to the other election officers. The election officer shall then sign the oath of office.