15 Del. C. § 7558 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7558
§ Â
        7558. Election results; recounts; contests.
Status: in_force

(a) A person certified as being elected shall not take office before the seventh day following certification of the election.

(b) The municipal Board of Elections shall announce the results of an election as soon as possible following the close of the polls.

(c) The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office.

(d) No later than 48 hours following the closing of the polls, the municipal Board of Elections shall convene within to determine the result of the election and certify the name of the winning candidates.

(e) If, following certification of the election and the resolution of any contest, there is a tie vote for a municipal office, then the State Election Commissioner shall order a new election in which only the candidates or positions tied will be on the ballot, unless the laws of the municipality otherwise provide. The municipality shall conduct the special election in accordance with this subchapter; provided, however, that the Department of Elections shall defray the cost of such election up to a cap of $2,500.

(f) The municipal Board of Elections, following certification of the election and the resolution of any contest, shall audit the election records in order to reconcile the number of voters who cast ballots as compared to the number of voters who returned absentee ballots and voted on voting machines. The results of this audit shall be reported to the municipality’s chief executive and be made available for public review.

(g) Sections 5941 through 5955 of this title apply to election contests within municipalities. For purposes of this subsection, the words “county, district or hundred” as used in § 5941 of this title shall mean “municipality” and the words “board of canvass” as used throughout §§ 5941 through 5955 of this title shall mean “municipal Board of Elections.”
15 Del. C. § 3104 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3104
§ Â
        3104. Hours at polling places.
Status: in_force

The time for opening the polls for the purpose of conducting a primary election shall be 7:00 in the morning, and the time for closing the polls at such primary election shall be 8:00 in the evening.
15 Del. C. § 5405 — Delaware Code / Title 15 / Chapter 54 / Section 5405
§ Â
        5405. Procedure for conducting early voting.
Status: in_force

Except as otherwise provided under this chapter, the procedure for early voting is as established under Chapter 49 of this title.
15 Del. C. § 4971 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4971
§ Â
        4971. Counting absentee votes; penalty for disclosure.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
15 Del. C. § 7555 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7555
§ Â
        7555. Candidates; eligibility; declaration of candidacy.
Status: in_force

(a) Candidate eligibility shall be established in the town charter.

(b) The procedure for declaration of candidacy shall be established in the town charter or by ordinance.

(c) Unless otherwise specified in the town charter:

(1) A candidate for municipal government shall not have been convicted of a felony;

(2) A candidate for the chief executive of a municipality shall have been a qualified elector of the municipality for at least 1 year prior to the date of the election and shall be at least 21 years of age on or before the date of the election; and

(3) A candidate for a municipality’s legislative body and all other elective offices shall have been a qualified elector of the municipality for at least 1 year prior to the date of the election, and shall be at least 21 years of age on or before the date of the election.

(d) A candidate for municipal office shall file a Certificate of Intention or a Statement of Organization establishing a campaign committee with the State Election Commissioner no later than 7 days after declaring the candidate’s candidacy.

(1) The candidate shall file a Certificate of Intention if 1 of the following apply:

a. The yearly salary for the office for which the candidate has filed a Declaration of Candidacy is less than $1,000.

b. The candidate does not intend to receive more than $5,000 in contributions or expend more than $5,000 for campaign expenses during the campaign under § 8004 of this title.

(2) If paragraph (d)(1) of this section does not apply, the candidate shall notify the Commissioner and file a Statement of Organization no later than 7 days after making expenditures or receiving contributions on behalf of the candidate or committee.

(e) The State Election Commissioner shall notify a municipality’s Board of Elections when a candidate has failed to comply with the provisions of subsection (d) of this section above.

(f) Excepting candidacies otherwise provided for in the town charter and which have complied with the provisions of subsection (d) of this section within 5 days after the election, the Board of Elections of a municipality shall declare a candidate who has failed to comply with the provisions of subsection (d) of this section ineligible to be a candidate and shall order that candidate’s name removed from the ballot subject to the appeal provisions of § 7552 of this title. Administrative errors or oversights by municipal or state officials shall not be grounds for declaring a person ineligible to be a candidate.

(g) Officials receiving any document required in this section shall provide the person filing the document with a receipt showing the date and time that the document was filed and the name of the person who received the document.

(h) Officials receiving any document required in this section shall immediately notify the person submitting the document of any deficiency in the submission. The person submitting the document shall have 2 business days to correct the deficiency even if the extension extends beyond the applicable deadline. If the person does not correct the deficiency by the end of the second business day, the municipality shall reject it.

(i) All documents filed in accordance with this section are public records and a municipality shall make them available for inspection by the public in accordance with the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(j) Where the number of qualified candidates for an office is equal to or less than the number of seats up for election, the Board of Elections shall declare the candidate or candidates elected.

(k) The State Election Commissioner shall prepare a package of Municipal Candidate Forms required by this section and instructions for completing and filing the forms. The Commissioner shall provide each municipality copies of the Municipal Candidate Forms package and publish the package on the State Election Commissioner’s website. Municipalities and the Department offices shall publish the Municipal Candidate Forms package on their websites, should such websites exist. Municipalities shall maintain a sufficient supply of Municipal Candidate Forms packages to meet demand.

(l) A municipality shall submit the names of candidates for each office up for election to the Department office conducting the municipality’s election no later than 1 business day following the filing deadlines for the elected position.

(m) A person may withdraw as a candidate by filing the form promulgated by the State Election Commissioner for that purpose with the municipality.

(1) If there are 2 or more candidates remaining on the ballot for the office and there are 14 or more days prior to the date of the election, the municipality shall mail new absentee ballots to all persons to whom it had issued absentee ballots. If an absentee voter does not return the replacement absentee ballot before 12 noon the day before the election, the municipality shall count the original ballot.

(2) Any votes cast for a person who has withdrawn that person’s own candidacy are invalid and the municipality shall not tally, canvass nor report such votes.
15 Del. C. § 1709 — Delaware Code / Title 15 / Chapter 17 / Section 1709
§ Â
        1709. Reregistration unnecessary upon change in election district boundary.
Status: in_force

Any elector whose name appears as a registered voter in an election district affected by a change of boundary shall not be required to reregister because of the change in election districts arising from the change of boundaries.
15 Del. C. § 3172 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3172
§ Â
        3172. Calculation of votes; ties.
Status: in_force

(a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes.

(b) In the case of any objection or dispute, the State Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board shall determine the result of the contested election and certify the name of the winning candidate or candidates. In the case of statewide contests, the State Election Commissioner shall be immediately notified of the Board’s determination.

(c) In all cases of a tie vote, the Department shall immediately notify the chair and secretary of the county committee of the political party holding the primary election. This committee shall convene within 5 days of such notification to determine which candidate shall be entitled to the nomination.

(d) In cases where there is a tie vote in a statewide contest, the State Election Commissioner shall immediately notify the chair and secretary of the state committee of the political party involved, and that committee shall convene within 5 days, as provided above, to decide upon the nomination.

(e) If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.
15 Del. C. § 4303 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4303
§ Â
        4303. Meeting and voting of electors.
Status: in_force

(a) The electors chosen or appointed in this State for the election of a President and Vice President of the United States shall meet and give their votes at Dover on the day determined by Congress for that purpose.

(b) In all cases, an elector chosen or appointed in this State for the election of a President and Vice President of the United States under this chapter shall cast the elector’s vote for the presidential and vice presidential nominees, or their legal successors, of the political party or unaffiliated presidential candidate that nominated the elector.
15 Del. C. § 3101 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Nomination, withdrawal, and primary election dates.
Status: repealed

The following schedule applies for all candidates:

(1) Notification of candidacy shall be on or before 12:00 noon of the second Tuesday in July.

(2) Such notification of candidacy may be withdrawn on or before 4:30 p.m. on the first Friday after the second Tuesday in July. In the event the first Friday after the second Tuesday in July is a legal holiday, then the final day to withdraw is the next day which is not a Saturday, Sunday, or a legal holiday.

(3) Primary elections for all political parties shall be conducted on the second Tuesday after the first Monday in September.

(4) [Repealed.]
15 Del. C. § 5119 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5119
§ Â
        5119. Feigning a physical disability to obtain assistance in voting; penalty.
Status: in_force

(a) Whoever, being an elector, feigns a physical defect or disability in order to be permitted to bring into the election room or voting booth another person, shall be fined $100 and shall be imprisoned not more than 2 years.

(b) Whoever, being an elector selected to assist any person by reason of such person’s physical defects, reveals how such elector has voted or what persons were voted for by such elector on any ballot or gives any information concerning the appearance of any ballot voted, shall be fined $100 and imprisoned not less than 1 nor more than 3 years.
15 Del. C. § 5903 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5903
§ Â
        5903. Verification of specifications.
Status: in_force

Every specification shall be verified by 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. § 5606A — Delaware Code / Title 15 / Chapter 56A / Section 5606A
§ Â
        5606A. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) With each mail ballot, the Department shall also provide each elector an envelope that is all of the following:

(1) A color other than white.

(2) Large enough to hold a completed ballot.

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

(4) Addressed for return to the Department.

(b) All of the following must appear on each envelope provided under subsection (a) of this section:

(1) The words “BALLOT ENVELOPE”.

(2) An alphanumeric symbol or barcode for use in accounting for the mail ballot.

(3) Identification information for the elector receiving the mail ballot, including all of the following:

a. The name of the county within which the elector is domiciled.

b. The elector’s name.

c. The elector’s address.

d. The elector’s election district.

e. The elector’s representative district.

f. Any other information required by the Department.

(4) The following oath:

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

(5) A designated space for the elector’s signature.

(6) A designated space for the elector to provide 1 of the following:

a. The last 4 digits of elector’s Social Security number.

b. The elector’s state-issued driver’s license number.

c. The elector’s state-issued nondriver identification card number.
15 Del. C. § 2041 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2041
§ Â
        2041. Transfer of registration.
Status: repealed

(a) Any duly registered voter in the State who has moved to a new residence within the State may apply to transfer that registered voter’s voter registration to the new address by completing a voter registration application and submitting it to the Department.

(b) Upon receipt of a properly completed and duly signed application, the Department shall complete the transfer in the accordance with Department procedures.

(c) If it shall be determined that the applicant had not previously registered, that applicant’s application shall be treated as an application for registration.

(d) [Repealed.]
15 Del. C. § 4990 — Delaware Code / Title 15 / Chapter 49 / Subchapter IV / Section 4990
§ Â
        4990. Applicability.
Status: in_force

The Administrative Complaint Process shall only apply to alleged violations of Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] to include an alleged violation that has occurred, is occurring or is about to occur.
15 Del. C. § 5141 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5141
§ Â
        5141. Stealing or destroying ballot box, ballot, poll list; penalty.
Status: in_force

Whoever, not being an election officer:

(1) Steals or wilfully breaks or destroys any ballot box used or intended to be used at any election; or

(2) Wilfully or fraudulently conceals, secretes or removes any ballot box from the custody of the election officers; or

(3) Alters, defaces, injures, destroys or conceals any ballot or envelope which has been deposited in any ballot box at such election or any poll list used or intended to be used at such election or any report, return, certificate or other evidence in this title required or provided for;

shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 5112 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5112
§ Â
        5112. Refusal of inspector or judge of election to serve; penalty.
Status: in_force

Whoever, having been appointed an inspector or judge of election in any election district, refuses to serve shall be fined $50.
15 Del. C. § 4703- 4704 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4703- 4704
§ ÂÂ
        4703, 4704.  Oath of office for election officers; certificate of appointment.
Status: repealed

Repealed by 75 Del. Laws, c. 232, § 47, effective Feb. 1, 2006.
15 Del. C. § 2107 — Delaware Code / Title 15 / Chapter 21 / Section 2107
§ Â
        2107. Limit on appeals presenting the same issue.
Status: in_force

Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the court which presents the same or substantially the same issue as has already been determined in a prior appeal.
15 Del. C. § 5714 — Delaware Code / Title 15 / Chapter 57 / Section 5714
§ Â
        5714. Costs.
Status: in_force

All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated.
15 Del. C. § 5128 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5128
§ Â
        5128. Fraudulent voting; penalty.
Status: in_force

Whoever, at any general or special election:

(1) Falsely personates any elector or other person and votes or attempts or offers to vote in or upon the name of such elector or other person; or

(2) Votes or attempts to vote in or upon the name of any other person whether living or dead or in or upon any false, assumed or fictitious name; or

(3) Knowingly, wilfully or fraudulently votes more than once for any candidate at any election for the same office; or

(4) Votes or attempts or offers to vote in any election district without having a lawful right to vote therein, or to vote more than once or to vote in more than 1 election district; or

(5) Having once voted, votes or attempts or offers to vote again; or

(6) Fraudulently delivers or offers to an election officer more than a single ballot; or

(7) Knowingly, wilfully or fraudulently does any unlawful act to secure an opportunity for himself or herself or for any other person to vote,

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. § 5508 — Delaware Code / Title 15 / Chapter 55 / Section 5508
§ Â
        5508. Time limit for return of ballot; late ballots.
Status: in_force

(a) The Department shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received thereby.

(b) For an absentee ballot to be counted under this chapter, an elector voting by absentee ballot shall return the elector marked ballot to the Department office of the county in which the voter resides before the polls close on the day of the election.

(c) The Department shall retain unopened any ballot envelope it receives after the polls close on the day of the election until the last day of February next after the election, or longer if directed by proper authority or required to do so by federal law.
15 Del. C. § 4305 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4305
§ Â
        4305. Clerk of electors; compensation.
Status: in_force

The electors may employ a clerk, who shall receive for that clerk’s own services the sum of $10.
15 Del. C. § 4502 — Delaware Code / Title 15 / Chapter 45 / Section 4502
§ Â
        4502. Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) (1) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of that voter’s choice, as prescribed under § 5005A(b) of this title.

(2) In those years in which a President and Vice President of the United States are to be elected, the ballot must be designated “Presidential, Vice Presidential, State, County, and District Ballot”; in other years, the ballot must be designated “State, County, and District Ballot”.

(3) The names of all candidates of any party must be placed under the title and device of such party as designated in the certificate filed with the Department by the party’s authorized agent or, if none is designated, under some suitable title or device to be selected by the Department.

(4) When a President and Vice President are to be elected, the names of the candidates for those offices must be placed at the top of the list of candidates for all offices to be voted upon.

(5) The device named and chosen and the lists of candidates of the Democratic Party must be placed in the first column on the left-hand side of the ballot, of the Republican Party in the second column, and of any other party, and the space for the voter to write in the name of any candidate of that voter’s choice for any office, in such order as the Department decides.

(6) The names of unaffiliated candidates must appear in alphabetical order, under the heading “Unaffiliated Candidates”, after the listing of various political parties.

(b) All ballots for the same election shall be of uniform size, of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballots shall in general conform, as nearly as possible, to the sample ballot set forth in this section.

(c) The ballots prepared in accordance with this chapter shall conform as far as possible to the following design except that the write-in column may be placed on either side of the ballot.

(d) Absentee or mail ballots may be laid out with candidate names under an office title. If this form is used, party logos are not to be used and the political party of each candidate shall be listed beside or below the name of each candidate. The candidates shall be listed in the order specified in subsection (a) of this section. Except, that in a primary election the candidates shall be listed in alphabetic order and the political party shall be listed for each office.

(e) If the number of candidates, offices and/or parties to be listed on the ballot preclude the layout of a ballot as specified in this section, the Department of Elections shall obtain approval of the State Election Commissioner to lay out the ballot in a manner best suited to the number of candidates, offices and/or parties eligible to be placed on the ballot.
15 Del. C. § 220 — Delaware Code / Title 15 / Chapter 2 / Section 220
§ Â
        220. Reports Appeals Subcommittee of the State Board of Elections.
Status: in_force

(a) The Reports Appeals Subcommittee of the State Board of Elections is established to hear and determine appeals of decisions made by the State Election Commissioner under § 8044 of this title.

(b) The Subcommittee consists of 6 members of the State Board of Elections.

(1) The Board shall vote annually to select Subcommittee members.

(2) Subcommittee members serve at the pleasure of the Board.

(3) The Board Chair shall annually select 2 of the 6 Subcommittee members to serve as Subcommittee Chair and Co-Chair.

a. The Subcommittee Chair shall represent 1 of the 2 principal political parties and the Subcommittee Co-Chair shall represent the other of the 2 principal parties.

b. The principal political party represented by the Subcommittee Chair and Co-Chair shall rotate annually.

(4) Each of the 2 principal political parties shall have equal representation on the Subcommittee.

(5) If an absence or vacancy on the Subcommittee results in 1 principal political party having greater representation than the other at a meeting, a member of the other principal political party may not vote until there is no longer an absence or vacancy. The Board Chair shall select which Subcommittee member may not vote under this subsection.

(c) Each Subcommittee member must receive a $100 stipend for each Subcommittee meeting, but a member may not receive more than $500 in any calendar year.

(d) A majority of the members serving on the Subcommittee constitutes a quorum to conduct official Subcommittee business. If a member may not vote under paragraph (b)(5) of this section, a majority of the members who may vote constitutes a quorum.

(e) If a vote by the Subcommittee on a matter unrelated to an appeal, such as the approval of meeting minutes or the election of the new Chair, results in a tie, the Chair may vote a second time to break the tie. If a vote by the Subcommittee related to an appeal results in a tie, the determination shall go in the favor of the person who filed the appeal.

(f) The Subcommittee shall conduct appeals hearings as established in section § 8044 of this title.

(g) The Department shall provide administrative staff and resources to the Subcommittee.
15 Del. C. § 5525 — Delaware Code / Title 15 / Chapter 55 / Section 5525
§ Â
        5525. Electronic delivery of absentee ballots.
Status: in_force

(a) The provisions of this section apply to persons eligible to vote under the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, 52 U.S.C. § 20301, et seq.

(b) Notwithstanding any other provisions of this title, upon receipt of a written request on a federal post card application that includes an applicant’s electronic address, the Department shall electronically deliver to an applicant that applicant’s own absentee ballot, appropriate instructions and any other information the applicant needs to vote and return that applicant’s own ballot.

(c) The Department shall transmit to the applicant an absentee ballot, instructions and other necessary information within 3 business days following receipt of a request from an applicant. If ballots are not available when the Department receives this request, the Department shall transmit a ballot, instructions and other necessary information to the applicant within 5 business days after the ballots become available.

(d) An applicant who is sent a ballot electronically may return such ballot via postal mail, courier or electronic means in accordance with the instructions sent with the ballot. A voter who returns a ballot electronically is deemed to have acknowledged that there may be situations where the secrecy of that voter’s ballot cannot be guaranteed.

(e) A person who returns a ballot electronically shall also return a signed oath and identification information with the ballot. The oath may be signed digitally as provided in the instructions sent by the Department to the voter.

(f) The State Election Commissioner, in collaboration with the Department offices, shall establish procedures for electronically delivering an absentee ballot to a voter with instructions for the voter to follow in voting and electronically returning the voter’s ballot to the Department office in the county in which the voter resides.
15 Del. C. § 3164 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3164
§ Â
        3164. Challengers.
Status: in_force

(a) Each candidate for nomination at any primary election may appoint and accredit some suitable person as a challenger. One challenger for each candidate whose name appears on the ballot for that election district may be present inside the polling place and shall be permitted to observe the conduct of the primary election and all the election records. The challengers may be changed and their places filled in like manner during the day.

(b) The duties, privileges and activities of these challengers shall be governed by § 4934(a) and (b) and other pertinent sections of this title, consistent with this chapter.
15 Del. C. § 2301 — Delaware Code / Title 15 / Chapter 23 / Section 2301
§ Â
        2301. Neglect of duty; corrupt or fraudulent conduct; penalty.
Status: in_force

Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of such duty shall be fined not more than $200 or imprisoned not more than 2 years or both.
15 Del. C. § 4937 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4937
§ Â
        4937. Voting procedure.
Status: in_force

(a) A voter, upon entering the room where an election is being held, shall announce that voter’s own name and address and provide proof of identity, whereupon the clerks shall place a mark or make a notation of his or her name upon the election district record. In the event the voter does not have proof of identity with them, the voter shall sign an affidavit of affirmation that the voter is the person listed on the election district record.

(b) If it appears that the voter is properly registered, an election officer shall hand to the voter a voter signature card which the voter shall sign. In the event that the voter is unable to sign a voter signature card for any reason the election officer shall sign the voter’s name on the voter signature card and the election officer’s name and make note that the voter is unable to personally sign the card.

(c) In the event of a challenge as to the identity of the voter or residency of the voter, the voter’s right to vote shall be determined by a majority vote of the inspector and the 2 judges of the election. In the event that the voter is not permitted to vote, the voter’s signature card shall be marked “not permitted to vote” and signed by 2 election officers and shall be forwarded to the department at the same time and in the same manner as other voter signature cards are sent to the department.

(d) If the voter is not challenged or if a challenge is decided in the voter’s favor, 1 of the election officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit the voter to pass through the entrance to the booth of the voting machine for the purpose of casting the voter’s vote. No voter shall remain in the voting machine longer than 3 minutes, unless for good and sufficient reason the voter be granted a longer period of time by the election officers in charge. When the voter has cast a vote, the voter shall at once leave the room. If the voter refuses to leave after a reasonable period, they shall be removed by the election officers. No voter, after having entered and emerged from the voting machine booth shall be permitted to enter the voting machine booth. No voter shall hold any conversation or communicate with any other person than an election officer while in the voting room, except as otherwise provided in this title.

(e) The rest of this title notwithstanding, any parent, guardian or caregiver may be accompanied in the voting area and voting machine by the parent’s, guardian’s or caregiver’s children or by children for whom they are providing care who are 17 years of age or younger. Any challenge to the age of any child shall be resolved by the voter affirming to the inspector that the child or children being challenged are 17 years of age or younger.
15 Del. C. § 3143 — Delaware Code / Title 15 / Chapter 31 / Subchapter III / Section 3143
§ Â
        3143. Compensation.
Status: in_force

Compensation of the officers and clerks for the holding of primary elections shall be the same as the compensation for officers and clerks in general elections.
15 Del. C. § 3189 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3189
§ Â
        3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.
Status: in_force

The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential candidate of the party of the voter’s registration as shown by the voter’s original permanent registration record. The last day that a voter may change his or her political party affiliation before the presidential primary election shall be the sixtieth day before the day of the aforesaid election.
15 Del. C. § 5947 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5947
§ Â
        5947. Security for costs.
Status: in_force

Any person contesting any election under this subchapter shall be required to give security for costs in such amount and manner as the court shall order. Such security, however, shall in no case be enforced unless judgment for costs be rendered against the contestant.
15 Del. C. § 5305 — Delaware Code / Title 15 / Chapter 53 / Section 5305
§ Â
        5305. Ten year limitation on civil actions for voting interference.
Status: in_force

The limitation of actions commenced under §§ 5303 and 5304 of this title shall be 10 years from the time of the accruing of the cause of action.
15 Del. C. § 5406 — Delaware Code / Title 15 / Chapter 54 / Section 5406
§ Â
        5406. Method of early voting.
Status: in_force

The State Election Commissioner shall determine whether early voting occurs by voting machine or paper ballot.
15 Del. C. § 4301A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4301A
§ Â
        4301A. Article I; membership [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.
15 Del. C. § 2014 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2014
§ Â
        2014. Notification of disposition of a personâs voter registration application and procedure for handling returned mail.
Status: repealed

(a) The Department following receipt of a voter registration application for a person who is not registered to vote shall, upon determination that the applicant is eligible to register to vote, register that person to vote.

(b) The Department shall promptly notify in writing each person whose voter registration application has been rejected and shall state in such notice the specific reason or reasons for such rejection.

(c) Upon registering a person to vote or completing a transfer of address, change of name and/or change of political party affiliation for a registered voter, the Department shall mail a notice informing the registrant of that registrant’s polling place by nonforwardable first-class mail. If this notice or any correspondence sent by a state agency or state official using voter registration address data is returned as undeliverable, the Department shall send an address verification request by forwardable first-class mail to the person at the address on their permanent registration record or to the address indicated by the U.S. Postal Service on the returned undeliverable notice or correspondence. The address verification request shall include a postage-paid preaddressed return card. The person shall be asked to sign the return card and:

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

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

(3) Certify that the address at which they are currently registered to vote is their correct address and place of permanent residence.

(d) The Department, upon receipt of the return card in accordance with the response shall:

(1) Remove the voter from the records of the State Election Commissioner and the Department if the voter is no longer a permanent resident of the State;

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

(3) [Repealed.]

(4) 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) If the person does not return the return card within 60 days of mailing or if the address verification request is returned as undeliverable, the person shall be transferred to “inactive status.”

(f) 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 voter’s permanent record, the person shall be permitted to vote in accordance with § 2047 of this title.

(g) 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. A person removed in error through the process described in this chapter, however, may be restored to the voting rolls upon the concurrence of the county director and deputy county director of the Department in the county in which such person resides.

(h) 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.
15 Del. C. § 3305 — Delaware Code / Title 15 / Chapter 33 / Section 3305
§ Â
        3305. Preservation of certificates for 6 months.
Status: in_force

The State Election Commissioner and the Department shall cause to be preserved in their respective offices all certificates of nomination filed under this chapter for 6 months after the date of filing thereof.
15 Del. C. § 5515 — Delaware Code / Title 15 / Chapter 55 / Section 5515
§ Â
        5515. Validity of absentee voterâs ballot for wrong district.
Status: in_force

If an absentee voter marks and returns an absentee ballot for an election district other than the 1 of which the absentee voter is a resident and a duly registered elector, such ballot, because thereof, shall not be adjudged invalid, but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the election district.
15 Del. C. § 5611A — Delaware Code / Title 15 / Chapter 56A / Section 5611A
§ Â
        5611A. Counting procedure for ballot envelopes [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

Beginning 30 days before the day of the election, election judges within each county, selected by the administrators of the Department in that county, shall count ballot envelopes at the Department’s offices in the county as follows:

(1) An election judge shall select the ballot envelopes in order of the election districts within the county.

(2) For each ballot envelope, the election judges shall ascertain whether a challenge has been made under § 5615A of this title.

(3) If no challenge has been made, the election judges shall do all of the following:

a. Open the ballot envelopes in such a manner as not to deface or destroy the statement thereon or the mail ballot enclosed.

b. Remove the ballots from the ballot envelopes.

c. Determine whether the ballots have been properly completed or whether the elector’s intent can be determined under § 4972 of this title.

d. Tally any mail votes that were written-in, or that must be counted by hand under § 4972 of this title, on mail vote tally sheets for the election district with whose votes the mail votes are to be counted.

e. Record the proper notations of such votes in the election records for the election district to which they apply.

f. A ballot that a team determines cannot be read by the tabulating equipment or which the tabulating equipment rejects, shall be duplicated under § 5612A of this title.

(4) Once mail votes have been recorded, an election judge shall deposit the voted ballots, rejected ballots, and any mail vote tally sheet that may have been used, in a carrier envelope for the election district with whose votes the mail votes are counted as follows:

a. Each carrier envelope must contain mail ballots, rejected ballots, and tally sheets for no more than 1 election district.

b. Only 1 carrier envelope can be filled at a time.

(5) Once a carrier envelope is filled, it must be sealed by an election judge. The election judge shall sign the election judge’s name on each sealed carrier envelope, affirming that the election judge sealed the envelope and that the envelope contains ballots for the election district to which the envelope is assigned. Each sealed and signed carrier envelope shall be placed in a secure location and held there until such time as it is destroyed or moved for further legal process.

(6) The results of the mail ballots shall not be extracted or reported before the polls have closed on the day of the election.
15 Del. C. § 4975 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4975
§ Â
        4975. Removing the results from the voting device or devices and dispatching the voted paper ballots in a secured container and the media containing the election results to the Department.
Status: repealed

(a) (1) After the polls have closed and the last voter has finished voting and exited the polling place, the inspector shall close and secure each voting device as instructed and complete the required documentation.

(2) After the polls have closed, the election officers shall produce a report of the write-in votes.

(b) After the polls have closed, the election officers shall remove the ballot container and the media containing the election results from each voting device and deliver them to the Department as instructed.

(c)-(e) [Repealed.]
15 Del. C. § 7703 — Delaware Code / Title 15 / Chapter 77 / Section 7703
§ Â
        7703. Registration.
Status: in_force

(a) If the election of delegates is to be held at a date other than the date of a general election, there shall be 1 or more registration days prior to such election. The Governor shall fix the date or dates of such registration and shall include an announcement of the registration dates in the Governor’s proclamation, fixing the date of the election. No registration shall be held within 10 days next prior to such special election.

(b) On the registration day or days persons whose names are not on the list of registered voters established by law for the last general election may apply for registration, and on such registration day or days applications may be made to strike from the registration list names of persons on such list who are not eligible to vote at such election.
15 Del. C. § 8012 — Delaware Code / Title 15 / Chapter 80 / Subchapter II / Section 8012
§ Â
        8012. Contribution limits generally.
Status: in_force

(a) No person shall make, and no candidate, treasurer or any other person acting on behalf of a political committee shall accept, any contribution in excess of $50 in cash to a political committee during an election period.

(b) No political party shall make any contribution to any political action committee.

(c) Any contribution by a political action committee shall be by a check which discloses the full name and address of said political action committee.

(d) No agency of the State, no political subdivision of the State, no agency of any political subdivision of the State and no agency authorized by an act of the General Assembly shall make any contribution to any political committee or candidate for any elective office. No candidate, treasurer or other person acting on behalf of a political committee shall accept any contribution from any agency of the State, any political subdivision of the State, any agency of any political subdivision of the State or any agency authorized by an act of the General Assembly. Notwithstanding the foregoing, a political subdivision of the State which has enacted an ordinance providing for public financing of elections shall be permitted to make contributions in an amount authorized by such ordinance for campaign expenditures authorized by § 8020 of this title to a candidate committee of a candidate for public office of such political subdivision and the candidate committee shall be permitted to accept such contributions.

(e) Any person other than an individual or a political committee which makes a contribution to a political committee shall notify such political committee in writing of the full names and mailing addresses of:

(1) All persons who, directly or otherwise, own a legal or equitable interest of 50% or greater (whether in the form of stock ownership, percentage of partnership interest, liability for the debts of the entity, entitlement to the profits from the other entity or other indicia of interest) in such corporation, partnership or other entity, or that no such persons exist; and

(2) A responsible party, if such contribution would cause the aggregate amount of contributions by such entity during the election period to exceed $100.

The political committee may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the political committee which received the contribution, shall be liable therefor. A ratable portion of the contribution by the corporation, partnership or other entity shall be deemed to be a contribution under this chapter to the political committee by each such person who owns a 50% or greater interest in the entity, shall be included within the limit imposed by this section on individual contributions, and shall be so included in the reports filed by the candidate committee with the Commissioner under § 8030 of this title.

The Commissioner shall adopt by regulation a uniform summary of the law relating to the reporting of contributions pursuant to this subsection, with illustrative examples of how such law applies in specific cases. Such summary shall be posted on Elections Commissioner’s web site, and shall be provided by a political committee to any person requesting same that has made a contribution to such political committee pursuant to this subsection.

(f) Any expenditure made by any political committee on behalf of or in connection with the campaign of any candidate (except an independent expenditure that meets the requirements of this chapter) shall be deemed a contribution under this chapter, shall be included within the limit imposed by § 8010(a) of this title on individual contributions, provided, however, that such expenditures by political parties shall be included within the limit imposed by § 8010(b) of this title on contributions by political parties, and shall be so included in the reports filed by the candidate committee with the Commissioner under § 8030 of this title. Where such an expenditure by any political committee benefits more than 1 candidate, such expenditure shall be prorated among the candidates benefitted for purposes of the limits on contributions. For example, if a billboard depicts 2 candidates’ names and likenesses with equal prominence, each candidate is benefitted equally by the expenditure for the billboard.

(g) For purposes of this chapter:

(1) Amounts paid by a political party to compensate individuals working on behalf of all of the candidates of the party, and amounts incurred on behalf of or in connection with 5 or more candidates shall not be deemed to be contributions to the candidates of such political party;

(2) Any reimbursement paid by 1 political committee to another political committee for costs actually incurred by the other political committee on behalf of the political committee that makes the reimbursement shall not be deemed to be a contribution to such other political committee;

(3) If 2 or more candidate committees share the amount of any expenditure permitted under this chapter, no contribution is made, so long as the amounts respectively paid by the respective candidate committees reasonably reflects the amount of the use made by each candidate committee of goods or services for which the expenditure was made; and

(4) Costs incurred by political parties for voter registration and get-out-the vote activities conducted by a political party shall not be considered contributions to any candidate.
15 Del. C. § 3174 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3174
§ Â
        3174. Death, physical, mental or other incapacity of nominee.
Status: in_force

Whenever it shall be determined that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the vacancy shall be filled as provided in § 3303 of this title. If the vacancy occurs subsequent to the dates specified in § 3303 of this title, it shall be filled in accordance with § 3306 of this title.
15 Del. C. § 7560 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7560
§ Â
        7560. Transition [Transferred].
Status: in_force

Transferred to § 7559 of this title by 76 Del. Laws, c. 52, § 1, effective June 26, 2007.
15 Del. C. § 7528 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7528
§ Â
        7528. General provisions.
Status: in_force

All of the provisions of this title pertaining to elections, including registration of voters, Chapters 11, 13, 17, 19, 20, 21, and 23, primary elections and nomination of candidates, Chapters 31 and 33, general elections, Chapters 41, 45, 47, 49, 51, 53, 55, and 57, as well as Chapter 50A of this title, are applicable to the holding of elections in accordance with this subchapter.
15 Del. C. § 7524 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7524
§ Â
        7524. Title and device of party.
Status: in_force

No party shall use the name of another party appearing anywhere on the ballot either in whole or in part, or any variation thereof, in its own title. The words “Independent” or “Decline,” being terms employed in this title, or any variation thereof, shall not be used as the title, or part of the title, of any party. Each party shall select an appropriate figure or device to designate that party, but the coat of arms, seal or flag of the United States, this State or the City of Wilmington, or any part or variation thereof, shall not be used as such figure or device.

In case of a division in any party qualified under this subchapter and a claim by 2 or more factions to the same party name or title, figure or device, the State Board of Elections shall determine to which faction the name and device properly belong. If, within 5 days thereafter, the other faction fails to present and certify some other party title and/or device, the Board shall select some suitable title and/or device to represent that party upon the ballot.
15 Del. C. § 3162 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3162
§ Â
        3162. Return of registration records; failure; penalty.
Status: in_force

(a) The inspector, immediately after the close of the primary election, shall return the registration records used by that inspector at any primary election to the Department, which shall preserve them.

(b) Whoever, being an inspector, neglects, refuses or fails to return the registration records as directed in this section shall, for each such offense, be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
15 Del. C. § 304 — Delaware Code / Title 15 / Chapter 3 / Section 304
§ Â
        304. Lists and files of registered voters.
Status: in_force

(a) The State Election Commissioner shall deliver or cause to be delivered to each major political party in the State without charge the following:

(1) A file of all registered voters in the State once per month.

(2) A file of all registered voters in the State current as of the registration deadline before a primary or general election no later than 7 working days following the registration deadline for a primary or general election.

(3) Upon request, up to 8 copies of the list of registered voters for each election district in the State current as of the registration deadline before a primary or general election no later than 7 working days following the registration deadline for a primary or general election. These lists shall contain, as a minimum, the name, address, political party affiliation, and election district of each registered voter in each election district.

(b) The state chair of each major political party, or county chairs if there is no state chair, may designate in writing other persons, not exceeding 2 in each county, to whom all or specified portions of the party’s lists are to be made available from the Commissioner.

(c) Upon request but no more than once per month, the State Election Commissioner shall provide without charge a file of all registered voters in the State to any minor political party eligible to place candidates on the ballot.

(d) The State Election Commissioner, in collaboration with the Department, shall prepare supplemental poll lists for each election district in the State that contain corrections and names of registered voters who have updated their registration records between the registration deadline and a date or dates selected by the Department. The Department shall make available 2 copies of the supplemental poll lists for the election districts within their jurisdiction to the principal political parties on the Saturday before a primary or general election.

(e) The State Election Commissioner shall, upon request, provide free of charge to any candidate for election who has qualified to appear on an upcoming primary or general election ballot a file and/or list of registered voters for the jurisdiction for which that person has qualified as a candidate.

(1) The request for a file and/or lists may be made by the candidate or by a member of the candidate’s committee listed on the appropriate form filed in accordance with Chapter 80 of this title.

(2) The State Election Commissioner shall designate the file and lists that shall be provided free of charge.

(3) Requests for files or lists in accordance with this section shall be made no later than the last day of registration for an upcoming primary or general election. Requests made after this deadline will be produced as soon as possible, but so as not to interfere with production of files or products required by this title for the conduct of the election or those requested prior to the deadline stated above.

(f) The State Election Commissioner shall, upon request, but no more frequently than once per month, provide files of registered voters in the State to any State agency, county or local government for use in conducting State, county or local government business.

(g) The State Election Commissioner, in collaboration with the Department, shall establish a reasonable cost for files and lists of registered voters requested by persons or organizations not eligible to receive lists in accordance with this section. These costs shall be reviewed at least once every 2 years and updated as appropriate.

(h) Files and lists provided to members of the General Assembly and state agencies or county or local governments pursuant to subsection (f) of this section shall include voter names, addresses, political party affiliation, voting history, telephone numbers and dates of birth. Files and lists provided to major and minor political parties pursuant to subsections (a) through (d) of this section and to candidates for elective office pursuant to subsection (e) of this section shall be limited to voter names, addresses, political party affiliations, voting history, legislative district information, telephone numbers and years of birth. Files and lists provided to the public shall be limited to voter names, addresses, political party affiliations, voting history, legislative district information, and years of birth. The Delaware Freedom of Information Act, Chapter 100 of Title 29, shall not apply to information contained in voter lists and files created and maintained pursuant to this title.

(i) The State Election Commissioner, in collaboration with the Department, shall develop and implement policies and procedures for protecting the information about persons in the State’s election management system, and on records and electronic media in the possession of the State Election Commissioner’s office and the Department.
15 Del. C. § 2038 — Delaware Code / Title 15 / Chapter 20 / Subchapter V / Section 2038
§ Â
        2038. Registration applications received after the deadline.
Status: in_force

Registration applications received after the deadline shall be held and processed following that election.
15 Del. C. § 6107 — Delaware Code / Title 15 / Chapter 61 / Section 6107
§ Â
        6107. Appeals.
Status: in_force

Any decision by the State Election Commissioner may be appealed to the Superior Court. No person whose registration application has been denied by the State Election Commissioner shall be permitted to register or to vote until the State Election Commissioner or the Court, in writing, approves such person’s registration application.
15 Del. C. § 5950 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5950
§ Â
        5950. Trial.
Status: in_force

If proceedings are not dismissed, the case shall proceed upon its merits and be tried and determined by the Court by the rules of law and evidence governing the determination of questions of law and facts in the Superior Court, so far as the same are applicable.
15 Del. C. § 5005A — Delaware Code / Title 15 / Chapter 50A / Section 5005A
§ Â
        5005A. Printing of ballots; distribution of ballots.
Status: repealed

(a) [Repealed.]

(b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or other designation for each political party represented on the device must appear on the ballot.

(2) The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the voting device as the number of candidates to be elected to that office.

(3) Except as otherwise provided under this chapter, the names of all candidates nominated by a party for an office must always appear in the row or column containing generally the names of candidates nominated by the party for other offices.

(c) Official ballots for voting devices shall be prepared and furnished by the Department in the same manner as provided by law.

(d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically generated and displayed or which has the capability to generate and display multiple ballots.
15 Del. C. § 3109 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3109
§ Â
        3109. Public notice of time and place.
Status: in_force

Notice of primary elections shall at a minimum be given by publication of a notice of election in a daily newspaper of general circulation during 3 of the 10 days prior to a primary election with the last publication being the day before the aforesaid primary, or in the last issue of a weekly newspaper printed in a county before the aforesaid primary. Such notice shall also be, posted on the State’s, the State Election Commissioners’ and the Department’s websites.
15 Del. C. § 3122 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3122
§ Â
        3122. Delivery of registration records to proper inspectors; penalty.
Status: in_force

(a) The Department of Elections shall before 7:00 a.m. of the day on which a primary election is held by any political party deliver to the proper inspector the registration records for each general election district that may be contained within each primary election district, and the inspector shall have the registration records at the place of holding the primary election at the time for opening the polls on primary election day.

(b) In each year in which a municipal election is held in the City of Wilmington the inspector for each primary election district within such City, before 7:00 a.m. of the day on which such primary election is held, shall be furnished by the Department with the registration records for each general election district that may be contained within such inspector’s primary election district, and each inspector shall have the registration records at the place of holding the primary election in the inspector’s district at the time for opening the polls on primary election day.

(c) Whoever:

(1) Being a member of the Department of Elections, refuses, neglects or fails to deliver to each inspector of any primary election to be held within the member’s county the registration records for each general election district that may be contained in the primary election district to which such registration records apply; or

(2) Being an inspector, refuses, neglects or fails to have such registration records at the place of holding the primary election for any general or special election or any municipal election in the City of Wilmington at the time designated in this chapter;

shall, for each such offense, be fined $100, and the person’s office shall be forfeited.

(d) Each day of refusal, neglect or failure shall constitute a separate offense under this section.

(e) For the purposes of this section, the term “registration records” means poll lists and signature cards, and/or an electronic device that contains the names and addresses of the registered voters in the election district.
15 Del. C. § 5709 — Delaware Code / Title 15 / Chapter 57 / Section 5709
§ Â
        5709. Disposition of certificates by the Court.
Status: in_force

(a) The Court shall, within 3 days after making the certificates of the result of the election for electors of President and Vice-President, either personally or by a person deputed by it for that purpose:

(1) Transmit, deliver and lodge the certificates of the result of the election for electors of President and Vice-President, 1 to the Governor, another to the Secretary of State, and the other to the Prothonotary of the county; and

(2) Transmit, deliver and lodge the certificates of the result of the election for Governor, according to the directions of the Constitution in that behalf; and

(3) Transmit, deliver and lodge 1 of the certificates of the result of the election for Lieutenant Governor to the President of the Senate, or in case of a vacancy in the office of President of the Senate, or the President of the Senate’s absence from the State, to the Secretary of State, who shall keep the same until a President of the Senate shall be chosen, to whom they shall be immediately transmitted after the President of the Senate’s election, who shall open and publish the same in the presence of the members of both Houses of the General Assembly, duplicates of which certificate shall also be immediately lodged with the Prothonotary of each county; and

(4) Transmit, deliver and lodge 1 of each of the certificates of the result of the election for Senator, or Senators, from the State in the Senate of the United States, to the Governor, and lodge the other of such certificates in the office of the clerk of the peace of the county; and

(5) Transmit, deliver and lodge 1 of each certificate of the result of the election for Representative, or Representatives, in the House of Representatives of the United States, to the Governor, and lodge the other certificate in the office of the clerk of the peace of the county; and

(6) Transmit, deliver and lodge 1 certificate of the result of the election for Attorney General, for Insurance Commissioner, for State Treasurer and for Auditor of Accounts to the Governor and the other certificate in the office of the Prothonotary of the county; and

(7) Transmit and deliver 1 certificate of the result of the election of Senator and 1 certificate of the election of Representative in the General Assembly, in the office of the Prothonotary for Kent County, and further shall deliver, on the first day of the meeting of the General Assembly after the election, the other certificate of the election of Senator to the Senate, and the other certificate of the election of Representatives to the House of Representatives; and

(8) Transmit and deliver 1 certificate of the election of the clerk of the peace, of register of wills, of recorder, and of sheriff, to the Governor, and the other certificate to the clerk of the peace of the county, except the 1 for clerk of the peace, which shall be delivered to the Prothonotary; and

(9) Transmit and deliver the certificate of the election of each Levy Court Commissioner or County Council member, in New Castle, Kent and Sussex Counties, to the clerk of the peace of the respective county; and

(10) Deliver the certificate of election of the receiver of taxes and county treasurer to the clerk of the peace of the county; and

(11) Send 1 for each of such officers to the sheriff of the county to be by that sheriff delivered to the respective parties certified to have been elected.

(b) The Prothonotary of Kent County shall, on any day of the meeting of the General Assembly, deliver, if required, the certificates of election of Senators or of Representatives to the order of the House to which it belongs, or to the person named in the endorsement thereon.

(c) In addition to making the disposition of the aforesaid certificates, the Court, within 3 days after making such certificates, shall, either personally or by a person designated by it for that purpose, transmit, deliver and lodge a duly executed copy of each of the aforesaid certificates with the State Election Commissioner who shall be the master repository of all such certificates.
15 Del. C. § 5130 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5130
§ Â
        5130. Failure of election officer to perform duties.
Status: in_force

Whoever, being an election officer, wilfully:

(1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or

(2) Receives a vote from any person who has been duly challenged in relation to such person’s right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law; or

(3) Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person;

shall be deemed to have violated that election officer’s own official duty.
15 Del. C. § 1901 — Delaware Code / Title 15 / Chapter 19 / Section 1901
§ Â
        1901. Eligibility.
Status: in_force

(a) A Delaware citizen absent from the State, not registered to vote in another state and eligible to vote in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [52 U.S.C. § 20301 et seq.] as amended shall be permitted to register to vote under the provisions of this chapter if that person is a citizen and permanent resident of the State of Delaware. For purposes of this section, this includes:

(1) A citizen and permanent resident of the State of Delaware who became ill or who was injured while a member of a uniformed service;

(2) A citizen and permanent resident of the State of Delaware who is a member of a service organization such as the American Red Cross attached to and serving with a uniformed service; or

(3) A spouse or dependent of a person meeting the criteria in this section.

(b) Persons registering to vote in accordance with this chapter shall:

(1) Register to vote at the address of that person’s own permanent residence in the State of Delaware;

(2) Register to vote at the address of that person’s own last place of permanent residence in the State of Delaware prior to joining a uniformed service or moving overseas; or

(3) In the case of persons who are permanently living outside of the United States, be registered to vote at the address of the office of the Department in the county in which they last resided before moving overseas. These persons shall be permitted to vote for federal offices only.

(c) Citizens listed in subsection (a) of this section above do not lose their domicile in the State of Delaware unless they establish a domicile or register to vote in another state.
15 Del. C. § 2045 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2045
§ Â
        2045. Removal of voterâs records of district where voter formerly resided; notice of action taken.
Status: repealed

Repealed by 74 Del. Laws, c. 411, § 18, effective Aug. 5, 2004.
15 Del. C. § 7527 — Delaware Code / Title 15 / Chapter 75 / Subchapter II / Section 7527
§ Â
        7527. Contest of election.
Status: in_force

If any candidate for any of the offices before mentioned shall choose to contest the right of any person claiming to have been elected to said office, the causes for such contests and all of the other provisions now set out in §§ 5941-5955 of this title shall be applicable, and all such contests shall be determined pursuant to all of said sections.
15 Del. C. § 5111 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5111
§ Â
        5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.
Status: in_force

Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of the same, shall be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 5307 — Delaware Code / Title 15 / Chapter 53 / Section 5307
§ Â
        5307. Duties of inspector at special polling place.
Status: in_force

(a) The polls authorized to be held by § 5306 of this title shall be held at the place where they are opened unless it be impracticable to hold them there in which event they shall be adjourned to some other place, or places, if necessary, in the election district where they are opened, and there held, and they shall be kept open until 6:00 in the afternoon, when the inspector shall close them.

(b) As soon as such polls are closed, the inspector holding them, having first ascertained the number of ballots cast, and for whom and for what office the votes were given, and made a certificate thereof, shall seal up the ballots received by that inspector in a box or envelope, and keep them safely, together with the list of the names of the electors who have deposited their ballots with that inspector, until the time of the meeting of the Superior Court of the inspector’s county, constituted as provided by § 6, article V, of the Constitution of this State, provided by the election laws, when the inspector shall appear before the Court with the ballots and list of voters and that inspector’s certificate, and deliver the certificate to the Court, with an affidavit made by the inspector upon the same, that it contains a true and faithful statement of the number of ballots received by the inspector, the names of the electors who cast them, the number of votes for the different persons voted for and that at the poll held by the inspector, that the inspector did not knowingly receive the ballot of any person not a duly qualified voter within that inspector’s election district according to the Constitution and laws of this State and did not refuse to receive the ballot of any person so qualified, who had been prevented from voting at the regular place of voting by military force or the requirement of an oath unauthorized by the Constitution and laws of this State, and that the inspector determined every matter that came before that inspector and performed every act and duty required of the inspector by law touching the election held by the inspector, truly, faithfully and impartially, according to the best of that inspector’s skill and judgment.
15 Del. C. § 5617A — Delaware Code / Title 15 / Chapter 56A / Section 5617A
§ Â
        5617A. Validity of a voterâs mail ballot for wrong district [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

If a voter marks and returns a mail ballot for an election district other than the 1 in which the voter is a resident and a duly registered elector, such ballot must not be adjudged invalid but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the elector’s election district.
15 Del. C. § 5619A — Delaware Code / Title 15 / Chapter 56A / Section 5619A
§ Â
        5619A. Duties of Department of Elections; political balance of election judges; security [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

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

(b) The Department shall promulgate rules to ensure the security and integrity of the procedures required under this chapter and that the counting process for mail ballots is not subject to improper influences.
15 Del. C. § 2047 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2047
§ Â
        2047. Change of address within the State.
Status: in_force

Change of address or residence within Delaware shall not disqualify any person as a voter. A person who has changed the person’s permanent place of residence within Delaware but who has not transferred the person’s voter registration shall be permitted to vote at the polling place for the person’s place of permanent residence on the day of the election.

(1) If the person who has changed the person’s permanent place of residence appears at the polling place for the person’s previous permanent place of residence, the election officers at that polling place shall complete the eligibility affidavit promulgated by the State Election Commissioner and obtain the location of the person’s correct polling place from the Department of Elections. The election officer shall place the completed eligibility affidavit in an envelope annotated with the location and address of the correct polling place, give the envelope to the person, direct the person to go to the polling place for the person’s new permanent place of residence and annotate the poll list to show that the person has been sent to another polling place.

(2) A person appearing at the correct polling place with an eligibility affidavit shall be permitted to vote upon showing proof of identity and address to the election officers and signing a blank signature card. The election officer shall complete the appropriate section of the eligibility affidavit, and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person’s name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.

(3) A person registered to vote at another location within Delaware who appears at the polling place for their new permanent place of residence without having gone to the polling place of their former place of permanent residence shall affirm in writing the new address by completing and signing the eligibility affidavit promulgated by the State Election Commissioner. The election officers shall obtain authorization for the person to vote from the Department of Elections, complete the election officer section of the eligibility affidavit and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person’s name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.

(4) Election officers shall enter the name, address and voter registration number for persons authorized to vote under the provisions of this section on the poll list after the last name listed and on a blank signature card. The person shall sign the signature card and be permitted to vote. A person who has legally changed their name as well as their permanent place of residence shall sign both their old and new names.

(5) The Department of Elections upon receipt of the eligibility affidavit and the voter registration application following an election shall transfer the person’s address in accordance with the transfer procedures elsewhere within this chapter.

(6) The State Election Commissioner shall promulgate rules and procedures by which the Department may accept transfers of address from registered voters between the closing of registration and the day of a primary, presidential primary and general election both within the offices of the Department and at other locations statewide. Such rules and procedures shall contain a provision by which a person so transferring that person’s own address in accordance with those rules and procedures may appear at that person’s own proper polling place and vote without completing the eligibility affidavit or envelope at the polling place as required in paragraph (1), (2) or (3) of this section. The departments of elections in receipt of such transfers shall process them as soon as practical.
15 Del. C. § 4707 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4707
§ Â
        4707. Compensation.
Status: in_force

(a) The compensation for election officers is set at the rates in effect as of January 1, 2005. These rates may be adjusted periodically as authorized in the State’s Budget Act.

(b) Election officers shall be paid $15 for each day’s service in performing any duty required on a day other than a day of an election except as otherwise provided in this title.

(c) Election officers required to attend an additional training session other than that required in § 4741 of this title shall be paid $25 for that training.
15 Del. C. § 3125 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3125
§ Â
        3125. Department to furnish voting devices, flags, supplies, and instructions for polling places.
Status: in_force

For each polling place, the Department shall furnish all of the following:

(1) A flag or poster of suitable size for lettering thereon in at least 3-inch letters with the words POLLING PLACE.

(2) A flag of the United States of America no smaller in size than the polling place flag under paragraph (1) of this section.

(3) Poll list, stationary, and other such supplies customary and necessary for the use of the officers conducting such primary election.

(4) Written instructions and excerpts from those parts of this title as the Department deems necessary and appropriate to assist the election officers in the proper performance of the officers’ duties.

(5) A proper number of voting devices of the type used in general elections, which devices must be duly inspected, prepared, and certified under Chapter 50A of this title for general elections.
15 Del. C. § 5514 — Delaware Code / Title 15 / Chapter 55 / Section 5514
§ Â
        5514. Rejected ballots.
Status: in_force

(a) No vote shall be accepted or counted if:

(1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or

(2) The absentee voter is not a duly registered elector in this State; or

(3) The ballot envelope is open; or

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

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

(b) If the ballot envelope has not been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED,” giving reason therefore.

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

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

(e) Whenever a ballot has not been counted but has been rejected pursuant to this section, the appropriate notation shall be made on the absentee ballot tally and the number of ballots so rejected shall be noted on the certificates of election.

(f) Ballots rejected pursuant to this section shall be deposited in a carrier envelope for the election district to which they apply.
15 Del. C. § 4940 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4940
§ Â
        4940. Disqualification because of bribery; determination of challenge.
Status: in_force

(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register or for giving or withholding or in any manner influencing the giving or withholding a vote at any general election in this State, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the following oath or affirmation, which shall be administered by the inspector:

“I, ________________________________ do solemnly swear (or affirm) that I have not received or accepted, or offered to receive or accept, paid or transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another to be paid or used any money or other valuable thing as compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register, or for the giving or withholding a vote at this election.

Signed ________________________________________________________________

Sworn and subscribed to before me this ________ day of November, A. D. ________

________________________________________________________________ Inspector.”

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

(c) In order to enable the election officers to carry into effect this section, the Department shall cause to be prepared not less than 15 blank forms of the oath or affirmation provided for in this section and shall cause said oaths to be delivered to each inspector in each of the election districts of that inspector’s county at the time provided in § 4509 of this title.
15 Del. C. § 5126 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5126
§ Â
        5126. Violations by officials; penalty.
Status: in_force

Whoever, being a clerk of the peace, an official, or other individual as designated in this title, wilfully violates this title in the performance of any duty imposed upon him or her for the violation of which no other punishment is provided by law, shall be fined not less than $300 nor more than $500 and may be imprisoned not more than 3 years.
15 Del. C. § 3127 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3127
§ Â
        3127. Designation of polling places.
Status: in_force

The Department shall, at least 2 weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for a general election. The Department may require any individual polling place, that is located in a state facility, public school, or other government-owned or -operated facility within the county, to be closed to persons other than the voters voting on the day of the primary election if it finds that the polling place cannot or will not provide sufficient access and facilities for the purposes of the primary election without such closure. The Department shall not exercise its authority to close a state facility, public school or other government-owned and -operated facility without prior consultation with the authorized representative of such facility and such consultation shall include all reasonable efforts to resolve any access issues that may exist without the need to close such facility.
15 Del. C. § 5401 — Delaware Code / Title 15 / Chapter 54 / Section 5401
§ Â
        5401. Applicability.
Status: in_force

This chapter applies to the following elections:

(1) A 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 by Chapter 73 of this title.
15 Del. C. § 2049 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2049
§ Â
        2049. Change of party designation; procedure.
Status: in_force

(a) Any duly registered voter may apply to change that registered voter’s political affiliation by completing and submitting a voter registration application to the Department except in the year of a general election during the period from the last Saturday in May through the day of the primary election. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made in the voter registration records and the applicant shall be immediately notified. If the Department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at any office of the Department to answer under oath such questions as may be deemed necessary.

(b) Applications received that change a person’s political party affiliation during a period in which a person may not change that person’s own political party affiliation in accordance with provisions of this title shall be held by the Department and processed when the period to change a person’s political party affiliation reopens.

(c) Notwithstanding subsection (a) of this section a person may change his or her party affiliation in the year of a general election during the period from the last Saturday in May through September 1 if:

(1) The statewide and county chair of a political party provide a written affidavit to the Department stating that such person has asked or agreed to be a candidate for office of that political party and the statewide and county chair of a political party want the person to be a candidate for office representing the political party; and

(2) The person provides an affidavit to the Department stating that such person is changing political parties to be a candidate for office of the political party providing the affidavit described in paragraph (c)(1) of this section and a withdrawal form for any other candidacies.
15 Del. C. § 8031 — Delaware Code / Title 15 / Chapter 80 / Subchapter IV / Section 8031
§ Â
        8031. Special reports â Third-party advertisements.
Status: in_force

(a) Any person other than a candidate committee or political party who makes an expenditure for any third-party advertisement that causes the aggregate amount of expenditures for third-party advertisements made by such person to exceed $500 during an election period shall file a third-party advertisement report with the Commissioner. The report shall be filed under penalty of perjury and shall include the following:

(1) The information required under § 8005(1) of this title with respect to the person making such expenditure;

(2) The full name and mailing address of each person to whom any expenditure has been made by such person during the reporting period in an aggregate amount in excess of $100; the amount, date and purpose of each such expenditure; and the name of, and office sought by, each candidate on whose behalf such expenditure was made;

(3) The full name and mailing address of each person who has made contributions to such person during the election period in an aggregate amount or value in excess of $100; the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period;

(4) If a person who made a contribution under paragraph (a)(3) of this section is not an individual, the full name and mailing address of:

a. Any person who, directly or otherwise, owns a legal or equitable interest of 50 percent or greater in such entity; and

b. One responsible party, if the aggregate amount of contributions made by such entity during the election period exceeds $1,200; and

(5) The aggregate amount of all contributions made to the person who made the expenditure.

(b) For purposes of this section, a reporting period shall begin on the day after the previous reporting period under § 8030 of this title or this section, whichever is later. However, if the person making the expenditure hereunder was not previously required to file any reports during the election period under § 8030 of this title or this section, then the reporting period shall begin on the date the first contribution is received or expenditure made by or on behalf of such person in the current election period. A reporting period shall end on the date of the expenditure set forth in subsection (a) of this section.

(c) Any person other than an individual that makes a contribution for which disclosure is required under paragraph (a)(3) of this section shall provide written notification in accordance with § 8012(e) of this title to the person filing the report hereunder. The person filing the report may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the person filing the report, shall be liable therefor.

(d) If the expenditure is made more than 30 days before a primary or special election or 60 days before a general election, the report required under this section shall be filed within 48 hours after such expenditure is made. If the expenditure is made 30 days or less before a primary or special election or 60 days or less before an election, such report shall be filed with the Commissioner within 24 hours after such expenditure is made. For purposes of this section, an expenditure shall be deemed to be made on the date it is paid or obligated, whichever is earlier.

(e) The Commissioner shall adopt regulations exempting, to the extent possible, persons from reporting duplicative information under this chapter.

(f) Persons required to file reports under this section shall retain complete records of all expenditures made and contributions received in connection herewith for 3 years following the election for which such report was filed.
15 Del. C. § 3110 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3110
§ Â
        3110. Qualifications of voters.
Status: in_force

An elector may vote in the primary election of a political party only if the elector is a duly registered voter and if it appears upon the elector’s original permanent registration record that the elector’s party affiliation is the same as the party which is holding the primary election.
15 Del. C. § 4303A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4303A
§ Â
        4303A. Article III; manner of appointing presidential electors in member states [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

(a) Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a “national popular vote total” for each presidential slate.

(b) The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the “national popular vote winner.”

(c) The presidential elector certifying official of each member state shall certify the appointment in that official’s own state of the elector slate nominated in that state in association with the national popular vote winner.

(d) At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.

(e) The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state’s final determination conclusive as to the counting of electoral votes by Congress.

(f) In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official’s own state.

(g) If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state’s number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state’s presidential elector certifying official shall certify the appointment of such nominees.

(h) The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.

(i) This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
15 Del. C. § 8045A — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8045A
§ Â
        8045A. Use of prerecorded or automated voice message.
Status: in_force

(a) Every individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, company, or otherwise that makes an automated telephone call, which includes without limitation a pre-recorded or automated voice message and is commonly referred to as a “robo call,” in support of and/or against a candidate for public office and/or a political party shall fully disclose, at the start of such call and before any message is delivered:

(1) The full, legal name of the individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise on whose behalf such individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise is placing the automated call;

(2) The individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise that has paid for the automated telephone call; and

(3) When paragraphs (a)(1) and/or (a)(2) of this section are other than an individual, disclosure of the name of the president (or other chief officer and treasurer) of the entity listed in paragraphs (a)(1) and/or (a)(2) of this section shall also be made.

(b) An automated call, as described in subsection (a) of this section, shall be received no earlier than 8 a.m. nor later then 9 p.m., as such time is determined in the State.

(c) Failure to make the disclosures mandated by subsection (a) of this section or to comply with the restrictions set forth in subsection (b) of this section shall result in a civil fine of $25 per incident, as determined by each household in the State that was called and the caller failed to make the necessary disclosures in subsection (a) of this section or a call was received in violation of the restrictions set forth in subsection (b) of this section.
15 Del. C. § 3307 — Delaware Code / Title 15 / Chapter 33 / Section 3307
§ Â
        3307. Publication of candidates.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 45, effective Feb. 1, 2010.
15 Del. C. § 5501 — Delaware Code / Title 15 / Chapter 55 / Section 5501
§ Â
        5501. Purpose of chapter; scope.
Status: in_force

It is the purpose and intent of the General Assembly in enacting this chapter to provide those qualified electors of this State who are unable to appear at an election to cast their ballots at the polling place of their election district with the ability to cast a ballot to be counted in the total for the election district in which the elector is registered, in compliance with article V, § 4A, Delaware Constitution. This chapter shall govern general absentee voting procedures in all primary, general, and special elections conducted in this State; provided, however, that procedures unique to a specific election or election type may be set forth elsewhere in this title.
15 Del. C. § 218 — Delaware Code / Title 15 / Chapter 2 / Section 218
§ Â
        218. Timing and dating.
Status: in_force

It shall be the duty of each department to time and date each application for a ballot or other communication received by the department.
15 Del. C. § 4705 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4705
§ Â
        4705. Removal from office.
Status: in_force

The Department may remove from office any inspector or judge of election or clerk appointed by it for want of requisite qualifications or for cause. Such removal, unless made while such person is actually on duty on a day of election and for improper conduct as an inspector or judge of election or clerk, shall only be made after notice which shall set forth clearly and distinctly the reasons for the removal.
15 Del. C. § 7305 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7305
§ Â
        7305. Nomination of candidates.
Status: in_force

(a) Political parties with at least 1/10 of 1 percent of registered voters in the State as of the last day of the month before the day the Governor issued the writ may nominate a candidate for the election.

(b) Parties nominating a candidate shall submit a certificate of nomination on the form and in the manner specified by the State Election Commissioner to the State Election Commissioner not later than 7 days following issuance of the writ.
15 Del. C. § 8003 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8003
§ Â
        8003. Duties of a candidate.
Status: in_force

(a) A candidate shall establish a candidate committee. There shall only be 1 candidate committee for any candidate, although such candidate committee may have subcommittees. The candidate committee may continue in existence for more than 1 election period, and with respect to more than 1 elective office. Each candidate committee or subcommittee shall notify the Commissioner as required under § 8005 of this title, and shall comply with all the other requirements of this chapter. A candidate shall be responsible for the lawful operation of the candidate’s own candidate committee and all subcommittees thereof.

(b) Except for independent expenditures that meet the requirements of this chapter, all contributions to or on behalf of a candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made from the candidate committee.

(c) A candidate shall cause the candidate’s own candidate committee to keep complete records of all contributions received and all expenditures made by or on behalf of the candidate’s candidacy, and shall retain such records for 3 full years following the election in which that candidate was a candidate; provided, however, that the candidate need not keep records of the names and mailing addresses of persons making contributions of $100 or less in an election period.

(d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate’s campaign committee under § 8030 of this title.

(e) A candidate shall designate an individual as treasurer of that candidate’s candidate committee, in order to assist with the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and filing the reports required by this chapter.

(f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of Title 29.
15 Del. C. § 4948 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4948
§ Â
        4948. Provisional ballots.
Status: in_force

(a) Provisional ballots shall be used in primary and general elections conducted under the provisions of this title. Provisional ballots shall not be used in public school elections or municipal elections unless specifically authorized in Title 14, Title 15 and/or the respective town or city charter.

(b) A person claiming to be properly registered in an election district, but whose eligibility to vote at that election district cannot be determined, shall be entitled to vote a provisional ballot. Election officers shall inform a person who is not being permitted to vote for whatever reason that the person may cast a provisional ballot in that election. The inspector shall return all voted provisional ballots to the Department on the night of the election.

(c) Persons voting a provisional ballot shall present proof of identity and address to the election officers. The type of ID shown by the voter shall be annotated on the provisional ballot envelope. If the person does not show proof of identity or address, the person shall be permitted to vote by provisional ballot and the fact that the person did not show proof of identity and/or address shall be annotated on the provisional ballot envelope.

(d) If the Superior Court or another court of competent jurisdiction orders that some or all polling places in a county of the state be kept open beyond the normal time for closing, all persons who arrive to vote at the polling place or places ordered to be kept open after the normal time for closing shall vote by provisional ballot. The election officers shall keep such ballots separate and return them to the Department on the night of the election.

(e) Provisional ballots shall be as much as possible in the same form as absentee ballots except that only federal offices shall be listed and they shall be labeled as provisional ballots. For general and special elections, the departments shall provide a minimum of 10 blank provisional ballots to each election district, a minimum of 20 blank provisional ballots to election districts with 3 or more assigned voting machines, and a minimum of 30 blank provisional ballots to election district with 4 or more assigned voting machines. For a primary election, each department shall develop a standard appropriate for the respective primary. The Department shall deliver additional provisional ballots, envelopes, instructions or voter information sheets to the polling place for an election district when notified by an election officer from the district that the supply of some or all of the provisional ballot materials is very low.

(f) Election officers shall give whatever assistance is requested by a voter who is voting by provisional ballot. When that assistance includes marking or assisting in marking the person’s ballot, 2 election officers with different political party affiliations shall provide that assistance.

(g) A voter who spoils that voter’s own ballot shall, upon request, be given a replacement ballot after surrendering the spoiled ballot.

(h) Tallying provisional ballots.

(1) The day following an election in which provisional ballots were used, the Department shall meet to examine the provisional ballots, determine which of the ballots should be tallied in accordance with the rules stated below, and then tally those ballots.

(2) The Attorney General shall appoint a Deputy Attorney General to advise the Department as requested during the provisional ballot tallying process.

(3) The county chairperson of each political party with a candidate on a provisional ballot within the county may appoint in writing 1 observer to be in the room where provisional ballots are being reviewed and tallied.

(4) The Department shall sit until the disposition of every provisional ballot has been determined. The Department shall establish an appropriate schedule of breaks, meals and rest periods.

(5) Where the provisional ballot affidavit is incomplete, the ballot shall be set aside, not opened and the votes not tallied. An incomplete affidavit shall be defined as one that does not include all of the following information: full name, complete address, political party affiliation (primary elections only), and date of birth.

(6) Where the person who voted by provisional ballot did not show suitable identification at the polling place, the ballot shall be set aside, not opened and the votes not tallied.

(7) Provisional ballots cast by persons who are not registered to vote in the state or who are not registered to vote in the election district in which they were cast shall be set aside, not opened and the votes not tallied.

(8) A provisional ballot cast by a person who is registered to vote and who has moved into the election district shall be counted if the person voted at the correct polling place for that person’s new address.

(9) The Department shall tally the provisional ballots that meet the above criteria. After all of the provisional ballots determined as meeting the above criteria have been tallied, the Department shall deliver 1 copy of the provisional ballot tally sheet for each Election District, all the provisional ballots cast in the election, and all affidavits, envelopes and supporting documentation to the Prothonotary.

(i) Post election processing and notification.

(1) As soon as practical, but not later than 30 days following an election in which provisional ballots were used, the Department shall enter the appropriate data into a free access system so that a person who voted by provisional ballot may determine whether or not that person’s ballot was counted, and if it was not counted, the reason or reasons for which it was not counted.

(2) The Department shall use the provisional ballot affidavit as authority to register a person to vote who voted by provisional ballot in an election and who is not already registered to vote providing that the minimum information required to register a person to vote is provided. The provisional ballot envelope shall be used to transfer a registered voter’s address and/or update the registered voter’s name when the address and/or name is different than the information on the person’s voter registration record.
15 Del. C. § 1105 — Delaware Code / Title 15 / Chapter 11 / Section 1105
§ Â
        1105. Notice of registration.
Status: repealed

Repealed by 64 Del. Laws, c. 424, § 2, effective Jan. 1, 1985.
15 Del. C. § 4980 — Delaware Code / Title 15 / Chapter 49 / Subchapter III / Section 4980
§ Â
        4980. Return and custody of voting devices, media containing election results, and ballot container.
Status: in_force

(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary’s custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction.

(b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected by any duly authorized member or agent of the General Assembly, the Attorney General, or the Department for the purpose of conducting an audit under § 5012A of this title.
15 Del. C. § 6101 — Delaware Code / Title 15 / Chapter 61 / Section 6101
§ Â
        6101. Statement of purpose.
Status: in_force

The Constitution of the State provides that certain persons who previously lost voting rights because of a felony conviction shall be permitted to vote. It is the purpose of this chapter to provide a procedure whereby such persons may register to vote.
15 Del. C. § 8021 — Delaware Code / Title 15 / Chapter 80 / Subchapter III / Section 8021
§ Â
        8021. Identification of purchaser.
Status: in_force

(a) All campaign advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement:

  “Paid for by [name of political committee or other person paying for such advertisement].”

For purposes of this section, “campaign advertisements” shall include any communication by a candidate committee or political party that would otherwise qualify as an independent expenditure or an electioneering communication but for the fact it was made by a candidate committee or political party.

(b) All third-party advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement:

“Paid for by [name of political committee or other person paying for such third-party advertisement. Learn more about [name of person] at [Commissioner of Elections’ web address].”

(c) The Commissioner may adopt regulations regarding the size, placement and duration of the foregoing statements as the same shall apply to specific forms of campaign advertisements. In connection therewith, the Commissioner may modify or amend the foregoing statements to conform to the requirements of a particular medium (i.e., television, radio, print, Internet), and may by regulation create exemptions from the requirements hereunder where compliance is not reasonably practicable due to the small size or short duration of such advertisements. In all events, however, campaign advertisements having the same medium and duration (for example, 15-second radio advertisements or Internet advertisements having less than 200 characters) shall be subject to the same requirements.
15 Del. C. § 7304 — Delaware Code / Title 15 / Chapter 73 / Subchapter I / Section 7304
§ Â
        7304. Notice to the public.
Status: in_force

The State Election Commissioner shall within 10 days after issuance of the writ advertise by suitable news media or by publishing the same each day for at least 3 days in 1 or more daily newspapers printed in each county or, if no daily newspaper is published in a county, in an edition of each of 2 weekly newspapers. Such notice shall state the day and place of the election and the officer to be chosen.
15 Del. C. § 5614A — Delaware Code / Title 15 / Chapter 56A / Section 5614A
§ Â
        5614A. Envelopes in general; approval by Attorney General [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

The Attorney General shall personally approve each kind or type of envelope for use under this chapter. The Department may not purchase, use, have printed upon, mail, or deliver any envelope for use under this chapter unless the type or kind of the envelope has first been approved personally by the Attorney General.
15 Del. C. § 5132 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5132
§ Â
        5132. Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty.
Status: in_force

(a) Whoever, being an election officer, at any election:

(1) Knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or

(2) Knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or

(3) Knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and the elector’s name has been found and checked upon the Election District Record; or

(4) Fraudulently before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or

(5) Removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls; or

(6) Knowingly and wilfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and checked upon the books of registered voters and who has not previously voted, or knowingly or wilfully enters or permits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not previously voted or is an election officer or member or employee of the department of elections whose entrance into the voting machine booth is required by the provisions of this title,

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in subsection (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 5113 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5113
§ Â
        5113. Refusal of clerk of election to qualify or serve; penalty.
Status: in_force

Whoever, having been appointed a clerk of election, refuses to qualify or having qualified fails or refuses to perform any of the duties of the clerk of election’s office shall be fined not less than $50 nor more than $100.
15 Del. C. § 5953 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5953
§ Â
        5953. Examination of ballots by Court.
Status: in_force

In the trial of any contested election under this subchapter, the Court may make an examination of the ballots given in such election, except that wherever the ballot boxes, ballots, poll lists, tally sheets or other books or records pertaining to any election, excepting the certificate of election of the officer against whom the contest may be made, duly signed by the Court constituting the board of canvass and under the seal of court, and delivered according to law, shall have come in any way, legally or illegally, into the possession, care or custody of any person, officially or otherwise, who shall have been a candidate and voted for upon the same official ballot as a candidate of the same political party as the contestant, no such ballot boxes, poll lists, tally sheets or other books or records pertaining to the said election, excepting the certificate of election, shall be offered in evidence in any contest begun or prosecuted under the provisions hereof, and the Court may make and enforce by attachment all necessary orders to obtain possession of the same.
15 Del. C. § 5946 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5946
§ Â
        5946. Verification of contestantâs statement.
Status: in_force

The statement shall be verified by the oath of the contestant that the matters therein set forth are, so far as they relate to the contestant’s own act and deed, true and that what relates to the act and deed of any other person the contestant believes to be true.
15 Del. C. § 3170 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3170
§ Â
        3170. Tabulation of vote.
Status: in_force

As soon as the polls are closed at a primary election, the votes shall be tabulated as set forth in Chapter 49 of this title.
15 Del. C. § 1303 — Delaware Code / Title 15 / Chapter 13 / Section 1303
§ Â
        1303. Confidentiality of addresses.
Status: in_force

(a) A person may petition the Superior Court for an order to have that person’s own address, which is required to be placed on voter application, registration or transfer records, kept confidential upon a showing of a legitimate need and lawful purpose. A person’s participation in Department of Justice’s Address Confidentiality Program shall constitute a legitimate need and lawful purpose for the purposes of this section. Upon submission to the State Election Commissioner and department of elections for the county in which the voter seeks to register of a certified copy of the court order granting confidentiality, the person’s address shall be removed from all voter records available for public inspection, as long as the submission is not 21 days prior to an election, in which case the person’s address shall be removed from the voter records within 7 days after the election.

(b) Following submission of the court order, the person’s address may not be made available for public inspection or copying, except under the following circumstances:

(1) If requested, to a law-enforcement agency; or

(2) If directed by a court order, to a person identified in the order.

Within 3 days of the date of any disclosure of a confidential address under paragraph (b)(2) of this section, the State Election Commissioner shall give to the person whose address was disclosed written notification of the disclosure, the name of the person to whom the information was disclosed and the reason for the disclosure. The Commissioner may attach a copy of the court order to satisfy these requirements. A person to whom disclosure is made under paragraph (b)(2) of this section shall sign a statement agreeing to keep such information confidential.

(c) Any address rendered confidential pursuant to this section shall remain confidential for as long as the Court shall order.

(d) Unlawful acts and penalties. — (1) Procurement for unlawful purposes. — It shall be unlawful for any person knowingly to obtain or disclose any address from voter records that is rendered confidential for any use not permitted under this section.

(2) False representation. — It shall be unlawful for any person to make false representation to obtain from voter records a person’s address that has been rendered confidential under this section.

(3) Penalties. — Any person requesting the disclosure of personal information from voter registration records who misrepresents the person’s identity or knowingly makes a false statement in order to obtain restricted information or who knowingly violates any other provision of this chapter shall be guilty of a class A misdemeanor.

(e) The State’s election officials shall use e-mail addresses obtained through registration and absentee voting activities for official business only; these addresses shall not be subject to Freedom of Information requests and shall not be disseminated outside of the Departments of Elections on lists of registered voters or in any other manner.
15 Del. C. § 201A — Delaware Code / Title 15 / Chapter 2 / Section 201A
§ Â
        201A. Transfers and continuity.
Status: in_force

(a) All books, records, papers, and other materials and equipment in the possession of any county department of elections required to be maintained or preserved under existing law, regulation, or policy shall be delivered into the custody of the State Department of Elections by no later than July 1, 2015. For purposes of this section, the term “county department of elections” shall include the board of elections for such county.

(b) Any duty, responsibility, action, or other activity (including without limitation any investigation, petition, hearing, or other legal proceeding) pending before or instituted by any county department of elections and not concluded prior to July 1, 2015, shall continue unabated and remain in full force and effect, and, where necessary, may be completed before, by, or in the name of the Department. All orders, rules, and regulations made by any county department of elections that are in effect on July 1, 2015, shall remain in full force and effect until revoked or modified by the Department in accordance with applicable law. All contracts and obligations of any county department of elections that are in force on July 1, 2015, shall remain in full force and effect and unless revoked, modified, or terminated by the Department in accordance with applicable law.

(c) Employees of any county department of elections whose functions are consistent with and have been transferred to the Department by this chapter shall continue and be deemed to be the employees of the Department on July 1, 2015, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2015.

(d) All definitions and references to any commission, board, department, council or agency which appear in any other act or law, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring and relating to the Department as created and established by this chapter.

(e) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
15 Del. C. § 7552 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7552
§ Â
        7552. Complaint procedure; pre-election activity.
Status: in_force

(a) A citizen of the municipality may submit a written complaint, regarding any aspect of pre-election activity that is contrary to the provisions of subchapters IV and V of this chapter, to the municipality’s Board of Elections. The complainant shall state with specificity the action or activity that is contrary to the provisions of subchapters IV and V of this chapter. The municipal Board of Elections shall meet in a special public meeting held as soon as practicable in compliance with the Delaware Freedom of Information Act (Chapter 100 of Title 29), but in no event later than 10 days following receipt of the complaint to determine if the complaint has any merit. Within 24 hours of the special public meeting, the municipal Board of Elections shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. The Board of Elections shall immediately make its decision available to the public. If the municipality’s Board of Elections fails to meet and issue a written decision within the time frames set forth herein, the citizen may file the complaint directly with the State Election Commissioner. Such complaints shall be heard in accordance with paragraph (b) of this section hereunder.

(b) Decisions and orders of a municipal Board of Elections may be appealed to the State Election Commissioner in writing within 2 business days of the Board’s decision and order. The State Election Commissioner shall take testimony at a special public hearing that the Commissioner conducts within 4 business days following receipt of the appeal. The Commissioner shall hold the hearing in accordance with the Administrative Procedures Act (Chapter 101 of Title 29) except as provided in this section. The Commissioner shall give 48 hours prior notice to all parties to such special public hearing in lieu of the notice provisions of § 10122 of Title 29. Notice of the hearing shall be posted as well as published on the Commissioner’s website in lieu of the notice provisions of § 10124 of Title 29. No later than 2 business days following the hearing, the Commissioner shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. Decisions of the Commissioner may be appealed in writing to Superior Court no less than 48 hours before the date of the election.

(c) Notwithstanding the foregoing, at the option of the complainant, that complainant may elect to appeal the decision of the municipal Board of Elections in writing to the Superior Court no less than 48 hours before the date of the election.
15 Del. C. § 5610A — Delaware Code / Title 15 / Chapter 56A / Section 5610A
§ Â
        5610A. Procedure on receipt of ballot envelope by Department [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) Upon receipt of a ballot envelope, the Department shall do all of the following:

(1) Ascertain the name of each elector as it appears 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.

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

(b) Except as required under this chapter, no person may open or attempt to open the ballot envelope, or change, alter, or attempt to change or alter the ballot envelope, or any writing, printing, or anything on the ballot envelope.
15 Del. C. § 3002 — Delaware Code / Title 15 / Chapter 30 / Section 3002
§ Â
        3002. Unaffiliated candidates.
Status: in_force

(a) No person shall qualify to appear on the general election ballot of this State as a candidate unaffiliated with a political party unless such person fulfills the requirements of this chapter and is so certified by the State Election Commissioner, if a statewide candidate, or the Department office for the county where the candidate resides, if not a statewide candidate.

(b) A candidate may not be listed as an unaffiliated candidate on any general election ballot unless the candidate files, on forms promulgated by the State Election Commissioner, on or before the close of the official business day on September 1 of the general election year, a sworn declaration with the State Election Commissioner, if a statewide candidate, or the Department office for the county where the candidate resides, if a nonstatewide candidate, stating that the candidate has not been affiliated with any political party for at least 90 days before the filing of the declaration, as required by this title. By September 1 of a general election year, the candidate shall file nominating petitions, as prescribed in this chapter, signed by not less than 1% of the total number of voters registered, as of December 31 of the year immediately preceding the general election year in the State, or if a nonstatewide candidate, of those voters registered to vote for that office which such individual seeks. To be removed from a general election ballot, the candidate must withdraw the nominating petitions on or before 4:30 p.m. on the first Friday after the certificate of nomination is submitted.

(c) The nominating petition shall contain such information and be on a form as prescribed by the State Election Commission. The following information shall, however, be contained in the petition:

(1) Name of the unaffiliated candidate and the office for which the candidate is filing;

(2) Signature, printed name, address at which registered, social security number and date on which signed by signer;

(3) A statement that the signer understands that by intentionally entering false information on the petition the signer may be subject to prosecution for perjury;

(4) A sworn notarized statement of the person circulating the petition that person witnessed the placing of each signature on the petition.

(d) Such petition shall be circulated and executed between January 1 and July 15 of the year in which the general election is held. Each registered voter signing shall do so upon a petition prepared for the county in which that registered voter is registered, and the petition shall be filed with the Department. The signatures and other information thereon shall be verified by the department receiving the petition.

(e) Signatures may be rejected for the following reasons:

(1) The signer was not a registered voter on the date the signer signed the petition;

(2) The signer’s place of residence or the signer’s Social Security number do not match those appearing in the permanent registration record;

(3) The signer did not list that signer’s own Social Security number;

(4) It appears that the signature is a forgery;

(5) The signer’s identity cannot be verified because the information and/or signature submitted is illegible, incomplete or obscured.

(f) Where a petition or a part thereof is rejected, the individual submitting same shall have the right to learn the reason or reasons for such rejection and an opportunity to examine the signatures rejected.

(g) An unaffiliated candidate for a statewide office, the General Assembly, or any elected county office must request a criminal history background check from the State Bureau of Identification no earlier than 90 days before the candidate filing deadline and provide proof of the request before filing a declaration as required in subsection (b) of this section.

(1) An unaffiliated candidate who files a declaration under subsection (b) of this section will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (g)(5) of this section.

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

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

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

(5) The Commissioner must determine by September 20 of each general election year that a candidate is qualified under §  21 of Article II of the Delaware Constitution before an unaffiliated candidate’s name may be listed on any general election ballot.
15 Del. C. § 4901 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4901
§ Â
        4901. Notice of election.
Status: in_force

Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.
15 Del. C. § 5311 — Delaware Code / Title 15 / Chapter 53 / Section 5311
§ Â
        5311. Special clerk; appointment; oath.
Status: in_force

Each inspector chosen under § 5306 of this title may appoint a clerk to aid the inspector in the discharge of such duties as are clerical and shall administer to the clerk before the clerk enters upon the discharge of the duties to be assigned to that clerk an oath or affirmation in these words:

“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 of the office of Clerk of the Election for this election in . . . . . . . . . . . Election District in . . . . . . . .  . . . Representative District in . . . . . . . . . . . County, according to the best of my ability.”
15 Del. C. § 7106 — Delaware Code / Title 15 / Chapter 71 / Section 7106
§ Â
        7106. General election laws applicable.
Status: in_force

(a) Every special election in a representative or senatorial district shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner, at the same places and subject to the same laws, so far as the same may be applicable, as prescribed for the general election; unless otherwise provided for in this chapter or elsewhere in this title.

(b) The Department may consolidate election districts within the same building.
15 Del. C. § 4101 — Delaware Code / Title 15 / Chapter 41 / Section 4101
§ Â
        4101. Residency requirements for candidates.
Status: in_force

The residency requirements for candidates for elective office shall be as set forth in the municipal charter, state statute or state Constitution governing the qualifications of candidates for elective office in the city, county, area or district in which the candidate proposes to seek elective office. In instances where a court has declared a residency requirement to be unconstitutional and until such time as a new residency requirement becomes effective, no person may be a candidate for elective office unless such person has been a resident of the city, county, area or district for a period of at least 1 year prior to seeking elective office.
15 Del. C. § 5134 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5134
§ Â
        5134. Stealing, destroying or secreting records; penalty.
Status: in_force

(a) Whoever, being an election officer having the custody of any registration records, or copy thereof, oath, return of votes, certificate, poll list or any paper, document, or evidence of any description, in this title directed to be made, filed or preserved:

(1) Steals, wilfully destroys, mutilates, defaces, falsifies, or fraudulently removes or secretes the whole or any part thereof; or

(2) Fraudulently makes any entry, erasure, or alteration therein, except as allowed and directed by this title; or

(3) Permits any other person to do so,

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(b) Whoever, not being an election officer and having such custody, does or commits any of the acts, matters or things mentioned in subsection (a) of this section, or whoever, not being an election officer, advises, procures or abets the commission of any of the acts mentioned in this section shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 308 — Delaware Code / Title 15 / Chapter 3 / Section 308
§ Â
        308. Political activity limited; penalty.
Status: in_force

(a) No employee of the Office of the State Election Commissioner shall directly or indirectly use or seek to use that employee’s own 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 employee’s position or employment.
15 Del. C. § 7714 — Delaware Code / Title 15 / Chapter 77 / Section 7714
§ Â
        7714. Meeting of delegates.
Status: in_force

The delegates to the convention shall meet in the Senate Chamber at the State House in Dover on the twenty-eighth day after their election at 12:00 noon, and shall thereupon constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified.
15 Del. C. § 3302 — Delaware Code / Title 15 / Chapter 33 / Section 3302
§ Â
        3302. Party title, figure or device.
Status: in_force

(a) The certificates of nomination shall designate a title for the party which the convention or committee represents, together with any simple figure or device by which its lists of candidates may be designated on the ballot. The figure or title or device selected and designated by the state conventions or committee of any party shall be used by that party throughout this State. Only 1 figure or device shall be used by a party at any election. The same title, figure or device shall not be used by more than 1 party, and the party first certifying a name, title, figure or device to the Department shall have prior right to use the same, and provided further that the Democratic Party and the Republican Party shall have exclusive use of such title and no other party shall use the word “Democratic” or “Republican” or any variation thereof in its title. Such figure or device may be the figure of a star, an eagle, a plow, or some such appropriate symbol, but the coat of arms or seal of this State or of the United States or the flag of the United States or of this State shall not be used as such figure or device.

(b) In case of a division in any party and claim by 2 or more factions to the same party name or title, figure or device, if the division occurs at a state convention or extends throughout this State, the State Board of Elections shall, within 10 days after any one of them has received the certificates of the contending factions, assemble in Dover, and determine to which faction the name, title or figure properly belongs, giving the preference to the convention held at the time and place designated in the call of the regularly constituted party authorities; if, within 5 days after, the other faction presents no other party name or title, figure or device and certifies the same to the Board, the latter shall again immediately assemble and select some suitable title, figure or device for such faction and the name shall be placed above the list of its candidates on the ballots. If the certificate of the contending factions are not received by the Board in time for them to assemble at Dover before publishing the device and list of candidates in the newspapers, then and in that case the Board shall determine for itself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other faction.
15 Del. C. § 2113 — Delaware Code / Title 15 / Chapter 21 / Section 2113
§ Â
        2113. Registration appeal dockets.
Status: in_force

(a) The Department shall provide books of permanent record to be known as “registration appeal dockets,” in which a permanent record shall be made and preserved of all registration appeals made to, and acted upon by, the court hearing registration appeals. The dockets shall contain the following information in respect to each appeal:

(1) Date of the appeal;

(2) Name of the appellee;

(3) The ground or grounds of each appeal;

(4) The name of the person or persons making the affidavit or affidavits on each appeal;

(5) The determination of the court on each of the grounds of appeal asserted in each such appeal.

(b) The docket may contain such other information or data as may be required to make a complete record of each appeal acted upon. All entries in the dockets shall be under the supervision and direction of the court and the record of each appeal shall be approved by the court hearing the appeal. The record of each appeal shall fully disclose each and every ground upon which the appeal is filed. The registration appeal dockets shall remain in the care and custody of the Department and shall be produced before the court by the Department whenever required by the court sitting for the purpose of hearing appeals.
15 Del. C. § 8044 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8044
§ Â
        8044. Tardy reports.
Status: in_force

(a) (1) The Commissioner may issue a citation to a reporting party when a report required under this chapter is tardy.

(2) For the purposes of this section, “tardy” and “tardiness” means a report that is not filed, not filed on time, or is filed on time but incomplete.

(3) Notwithstanding paragraph (a)(1) of this section, a reporting party is entitled to an automatic, 1-time 24-hour extension to file a report required under this chapter if the reporting party notifies the Commissioner in writing no later than 11:59 p.m. on the date the report is due.

(4) a. The penalty for a citation issued under paragraph (a)(1) of this section is as follows:

1. An administrative penalty of $50 for each day that the report is tardy in delivery to the Commissioner, up to a maximum of 100 days.

2. An order requiring the completion of training on the Department’s electronic campaign finance reporting system.

b. The penalty under this paragraph (a)(4) is in addition to any other sanction provided by this chapter.

(5) a. A reporting party named in a citation is responsible for the administrative penalty assessed under paragraph (a)(4)a.1. of this section.

b. Notwithstanding paragraph (a)(5)a. of this section, the administrative penalty may be paid by a political committee or political action committee for which a reporting party named in a citation is responsible for filing a report required under this chapter.

(6) The Commissioner may do the following:

a. If a reporting party has filed or corrected the tardy report, permit the reporting party to enter a payment plan to pay an administrative penalty assessed against the reporting party.

b. If an administrative penalty assessed against a reporting party totals less than $500 and the reporting party has filed or corrected the tardy report, waive the administrative penalty assessed against the reporting party, in whole or part.

c. If a reporting party has filed or corrected the tardy report, negotiate with the reporting party to reach a settlement as to the total administrative penalty due.

(b) (1) If the Commissioner issues a citation under subsection (a) of this section, the citation must include all of the following:

a. The name and address of the reporting party charged.

b. A statement explaining why the Commissioner has determined the report to be tardy.

c. A statement that a penalty for a tardy report is an administrative penalty under paragraph (a)(4) of this section and that the penalty is being assessed for each late day that the report is tardy.

d. Information on how to complete the training required under paragraph (a)(4)a.2. of this section.

e. A statement that the reporting party receiving the citation may appeal the Commissioner’s determination to the Reports Appeals Subcommittee of the State Board of Elections under § 220 of this title (“Subcommittee”) within the time prescribed under subsection (c) of this section.

f. The consequences of failing to do 1 of the following:

1. File the tardy report, pay the penalty due, and complete training on the Department’s electronic campaign finance reporting system.

2. Demand an appeal in the time prescribed under subsection (c) of this section.

(2) The Commissioner shall serve a citation on a reporting party by 1 of the following:

a. Personal service on the reporting party.

b. Certified mail, return receipt requested, to the reporting party’s last known address and by electronic means to the reporting party’s last known e-mail address.

(c) On receipt of a citation under subsection (b) of this section, a reporting party has 30 days to appeal the citation in writing to the Subcommittee.

(d) (1) When an appeal is timely filed under subsection (c) of this section, the Subcommittee shall do all of the following:

a. Meet and conduct an appeal hearing not later than 45 days after the filing of the appeal. The Subcommittee Chair shall schedule the meeting and give notice of the meeting to the members and the reporting party that filed the appeal.

b. Take testimony.

c. Keep records of all evidence taken at a hearing under this section, including a recording of the hearing by electronic or any other means standard to recording judicial or quasi-judicial hearings.

d. Make and put into writing factual findings and conclusions regarding the appeal.

e. Notify the reporting party of the Subcommittee’s factual findings and conclusions regarding the appeal by mail to the reporting party’s last known address and by electronic means to the reporting party’s last known e-mail addressnot later than 10 business days after the hearing on the appeal. The notice must include a statement on the consequences of failing to file the tardy report, pay the penalty due, and complete training on the Department’s electronic campaign finance reporting system.

(2) The accrual and payment of the administrative penalty due and mandatory training required under paragraph (a)(4) of this section is stayed pending a validly filed appeal.

(e) The reporting party has the opportunity and burden of proof to show the Subcommittee, by a preponderance of the evidence, that the reporting party’s tardiness in filing a report required under this chapter is due to reasonable cause and not wilful neglect.

(f) (1) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this chapter is not due to reasonable cause, or the reporting party fails to timely file an appeal, the administrative penalty under paragraph (a)(4) of this section constitutes a debt due and owing the State, assessable by the Commissioner and recoverable against the reporting party.

(2) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this chapter is not due to reasonable cause, the stay on the accrual and payment of the administrative penalty due under paragraph (a)(4) of this section is immediately lifted and penalty continues to accrue until the tardy report is filed or the maximum period under paragraph (a)(4)a.1. of this section is met.

(g) The Subcommittee shall notify the Office of the Attorney General that the reporting party has failed to file a report if a tardy report is not filed or corrected not later than 30 days after 1 of the following:

(1) A determination by the Subcommittee that the tardiness is not due to reasonable cause.

(2) The expiration of the appeal period set forth in subsection (c) of this section.

(h) On receipt of the notice under subsection (g) of this section, the Attorney General may file charges based on the reporting party’s failure to file the report that is the subject of the citation.

(i) The Commissioner shall publish all of the following information on the Department of Elections website:

(1) The name of a candidate who the Subcommittee determines has failed to file or correct a report without reasonable cause.

(2) The name of a candidate against whom the Commissioner has assessed an administrative penalty for failing to file or correct a report required by this chapter, along with the total amount of the penalty.
15 Del. C. § 7706 — Delaware Code / Title 15 / Chapter 77 / Section 7706
§ Â
        7706. Qualifications of delegates; nomination by petition.
Status: in_force

Candidates for the office of delegate to the convention shall be citizens and qualified voters of this State. Nominations shall be by petition and not otherwise. A single petition may nominate any number of candidates not exceeding the total number of delegates to be elected from each county, and all candidates on any such petition shall be residents of the same county and shall reside in the county which said candidates propose to represent at such convention and every such petition shall be signed by not less than 100 persons who are qualified voters of the county wherein such candidates reside. Nominating petitions shall be filed with the Department. Nominations shall be without party or political designation, but the nominating petitions shall contain a statement as to each nominee to the effect that the nominee favors ratification or that the nominee opposes ratification or that the nominee remains uncommitted to either ratification or rejection of the proposed amendment to the Constitution of the United States, and no nominating petition shall contain the name of any nominee whose position as stated therein is inconsistent with that of the position of any other nominee as stated therein.
15 Del. C. § 5943 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5943
§ Â
        5943. Requirements to set aside election because of illegal voting.
Status: in_force

Nothing in this chapter shall be so construed as to authorize an election to be set aside or annulled on account of illegal votes unless it shall appear that an amount of illegal votes has been given to the person whose right to the office is contested which, if taken from the person, would reduce the number of the person’s legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person.
15 Del. C. § 5523 — Delaware Code / Title 15 / Chapter 55 / Section 5523
§ Â
        5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner.
Status: in_force

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

(b) Rules and regulations promulgated pursuant to this section shall ensure that:

(1) All machines are thoroughly tested immediately following maintenance and programming thereof to determine whether:

a. The voting system is properly programmed;

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

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

(2) Any machine deemed unsatisfactory shall be recoded, repaired, or replaced and shall be retested;

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

(4) Public notice of public tests is given at least 7 days prior to the tests being conducted;

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

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

(7) Records are kept of all pre-election testing of each absentee ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during such testing.
15 Del. C. § 4508 — Delaware Code / Title 15 / Chapter 45 / Section 4508
§ Â
        4508. Certificates of the vote cast in each election district.
Status: in_force

The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the number of votes cast for each candidate on each voting machine.
15 Del. C. § 5117 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5117
§ Â
        5117. Unauthorized entering of voting room; penalties.
Status: in_force

(a) Whoever does not meet the qualifications of § 4933 of this title, and enters the voting room on the day of election other than 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 voting room on the day of election for the purpose of disrupting the election shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 1 year nor more than 5 years.
15 Del. C. § 2042 — Delaware Code / Title 15 / Chapter 20 / Subchapter VI / Section 2042
§ Â
        2042. Transfer of registration upon moving from 1 county to another.
Status: repealed

Repealed by 74 Del. Laws, c. 411, § 17, effective Aug. 5, 2004.
15 Del. C. § 202 — Delaware Code / Title 15 / Chapter 2 / Section 202
§ Â
        202. State Board of Elections.
Status: in_force

(a) The State Board of Elections shall consist of 11 members, including 2 members from Sussex County; 2 members from Kent County; 2 members from New Castle County; 2 members from the City of Wilmington; 2 at-large members; and the State Election Commissioner, who shall serve as an ex officio member subject to the limitations set forth in § 302 of this title. Each of the 2 principal political parties shall be represented at all times by not fewer than 5 members and at all times both principal political parties shall have equal representation in each county, in the City of Wilmington, and among the at-large members.

(b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall initially appoint 5 members, with at least 2 from each of the 2 principal political parties, for a term of 2 years each, and 5 members, with at least 2 from each of the 2 principal political parties, for a term of 4 years each.

(c) Upon the expiration of the term of any appointed member of the Board, such member’s successor shall be appointed by the Governor for a period of 4 years; provided, however, that such member shall hold office until that member’s successor shall be duly qualified and provided, further, that the term of such successor shall commence on the date the successor is duly qualified. In the event a vacancy occurs in the Board from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.

(d) The 10 members required to be appointed by the Governor from the 2 principal political parties under subsections (b) and (c) of this section shall be appointed from a list of not fewer than 3 nominees for each member to be appointed, which list shall be submitted by the state chair of the political party from which the appointment must be made. Such lists shall be submitted to the Governor within 30 days of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than 5 members of the principal political party. Provided the General Assembly is in session, the Governor shall submit the Governor’s own appointments from the names on the lists within 30 days of the date the Governor receives the lists. If a state chair does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor’s own appointments for any vacancy.

(e) All members other than the State Election Commissioner shall be appointed by and with the consent of the majority of the members elected to the Senate.

(f) In the event that a vacancy exists on the Board of Elections, the Board of Elections can still meet to canvass any election it shall be prescribed to canvass provided that a quorum of its members are present and § 209 of this title shall be met.
15 Del. C. § 2016 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2016
§ Â
        2016. Enfranchisement of citizens who have never resided in the United States.
Status: in_force

If a United States citizen outside of the United States who has never lived in the United States has a parent who is a qualified elector of the State, then that person is eligible to register and vote where that citizen’s parent is a qualified elector.
15 Del. C. § 7701 — Delaware Code / Title 15 / Chapter 77 / Section 7701
§ Â
        7701. Date of election of delegates; proclamation.
Status: in_force

Whenever the Congress of the United States proposes an amendment to the Constitution of the United States and proposes that the same shall be valid when ratified by conventions in three fourths of the several States, the Governor of this State shall fix by proclamation the date of an election for the purpose of electing delegates to such convention of this State. Such election may be either at a special election or may be held at the same time as a general election or special, but shall be held at least as soon as the next general election occurring more than 3 months after the amendment has been proposed by the Congress.
15 Del. C. § 5710 — Delaware Code / Title 15 / Chapter 57 / Section 5710
§ Â
        5710. Certification and proclamation by Governor of results of election of state officers.
Status: in_force

The Governor, after receiving the certificates of the results of the election in each county, under the seal of the Superior Court, for the office of Attorney General, Insurance Commissioner, State Treasurer and Auditor of Accounts, or any of whom shall have been voted for at the preceding general election, shall, without delay, examine the returns and declare the persons elected, and shall issue certificates of such election under the Governor’s own hand, and the same, together with the aforesaid certificates of the results of the election in each county, shall be filed in the office of the Secretary of State, and the Governor shall by proclamation make public the state of the vote by causing the same to be published in 1 or more of the public newspapers of the respective counties of this State, and shall issue commissions to the persons.
15 Del. C. § 7708 — Delaware Code / Title 15 / Chapter 77 / Section 7708
§ Â
        7708. What nominations shall be effective.
Status: in_force

No nominations shall be effective except those of the 7 candidates from New Castle County in favor of ratification, the 7 candidates from New Castle County against ratification and the 7 candidates from New Castle County not committed to either ratification or rejection of the proposed amendment, the 5 candidates from Kent County in favor of ratification, the 5 candidates from Kent County against ratification and the 5 candidates from Kent County not committed to either ratification or rejection of the proposed amendment, the 5 candidates from Sussex County in favor of ratification, the 5 candidates from Sussex County against ratification and the 5 candidates from Sussex County not committed to either ratification or rejection of the proposed amendment, whose nomination petitions have respectively been signed by the largest number of qualified persons, ties to be decided by lot drawn by the Department.
15 Del. C. § 3171 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3171
§ Â
        3171. Certification of results.
Status: in_force

The inspector and judges shall remove the paper tape containing the total vote cast for each candidate from each voting machine in the election district. Each copy of each paper tape shall then be signed by the inspector, judges and clerks and sealed in an envelope, which shall be signed across its sealed fold by each election officer. This envelope, together with other required records and supplies, shall immediately be delivered to the department of elections by the inspector.
15 Del. C. § 305 — Delaware Code / Title 15 / Chapter 3 / Section 305
§ Â
        305. Duplicate registrations.
Status: in_force

At least monthly and within 10 days following the last registration day for each primary and general election, the Commissioner shall notify the county director and county deputy director of suspected duplicate registrations in any county where such duplicate registration is suspected to have occurred. The applicable county director and county deputy director shall review the list of suspected duplicate registrations and correct the registration records as appropriate.
15 Del. C. § 5954 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5954
§ Â
        5954. Judgment.
Status: in_force

(a) After hearing the allegations and proofs in the cause the Court shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried the cause) either confirming or annulling such election altogether.

(b) If it appear by the judgment of the Court or the verdict of the jury (if there be a jury) that any other person than the one whose election is contested received the highest number of legal votes, judgment shall be rendered declaring such person duly elected.

(c) When the person whose election is contested is proved to be ineligible to the office, judgment shall be rendered declaring the election void and the office vacant, and such proceedings shall then be had as in vacancies happening from any other cause. When it shall appear that 2 persons have received an equal number of legal votes for the same office, the provisions of law for the settlement of such cases shall prevail, if there be any such provision; if there be none, then the office shall be adjudged and declared vacant, and such proceedings shall then be had as in vacancies happening from any other cause.
15 Del. C. § 221 — Delaware Code / Title 15 / Chapter 2 / Section 221
§ Â
        221. Selection of polling facilities.
Status: in_force

(a) The Department shall ensure that all polling places for any election conducted in this State have adequate and accessible parking spaces, that all polling places for any election conducted in this State are accessible to persons with disabilities, and that the accessibility features of such places are available to voters for any election, in compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), except as specified in subsection (b) of this section.

(b) Subsection (a) of this section does not apply to polling places under the following circumstances:

(1) In the case of a natural disaster or other emergency that renders a polling site unsafe or unusable, as determined by the Commissioner.

(2) If the Commissioner does both of the following:

a. Determines that all potential polling places in the polling area involved have been surveyed and no accessible place is available, nor is the Department of Elections able to make 1 temporarily accessible.

b. Ensures that any voter with a disability assigned to an inaccessible polling place, upon advance request of such voter, will be assigned to an accessible polling place or will be provided with an alternative means for casting a ballot on the day of the election.

(c) Any person with information that the Department has not complied with subsection (a) or (b) of this section may file an administrative complaint with the Department.
15 Del. C. § 4306A — Delaware Code / Title 15 / Chapter 43A / Subchapter II / Section 4306A
§ Â
        4306A. Effect; State Election Commissioner duties [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

(a) The State Election Commissioner shall provide written notice to the Registrar of Regulations that is published in the Register of Regulations when subchapter I of this chapter, the Agreement Among the States to Elect the President by National Popular Vote, governs a presidential election.

(b) If, after providing notice under subsection (a) of this section, subchapter I of this chapter, the Agreement Among the States to Elect the President by National Popular Vote, no longer governs a presidential election, the State Election Commissioner shall provide written notice to the Registrar of Regulations that is published in the Register of Regulations stating that subchapter I of this chapter, the Agreement Among the States to Elect the President by National Popular Vote, no longer governs a presidential election.

(c) Notwithstanding subsections (a) and (b) of this section, on or before August 1 of a year in which there is a presidential election, the State Election Commissioner shall provide written notice to the Registrar of Regulations that is published in the Register of Regulations that states whether or not subchapter I of this chapter, the Agreement Among the States to Elect the President by National Popular Vote, governs the presidential election.
15 Del. C. § 210 — Delaware Code / Title 15 / Chapter 2 / Section 210
§ Â
        210. Rules.
Status: in_force

The Board may make rules for its government not inconsistent with the Constitution or any law of this State.
15 Del. C. § 5701 — Delaware Code / Title 15 / Chapter 57 / Section 5701
§ Â
        5701. Superior Court as board of canvass; convening and composition of Court.
Status: in_force

(a) The Superior Court shall convene in each county on the second day after the general election at 10 a.m., for the performance of the duties imposed upon it by § 6 of article V of the Constitution of this State and by this chapter. Thereupon the Court, with the aid of such of its officers and such sworn assistants as it shall appoint, shall publicly ascertain the state of the election throughout the county and in the respective election districts by calculating the aggregate amount of all the votes for each office that shall have been given in all of the election districts of the county for every person voted for such office. For this purpose, the Court shall utilize the voting machine recording tapes, voting machine certificates, absentee vote tally sheets and write-in vote tally sheets for each election district provided by the Prothonotary and the Department, whose representatives shall sit as observers and assistants to the Court during said calculation of the vote.

(b) For the purposes of this chapter, the Superior Court shall consist in New Castle County of the President Judge and the Resident Judge; in Kent County of the Resident Judge and a Judge designated by the President Judge; and in Sussex County of the Resident Judge and a Judge designated by the President Judge. For the purpose of this chapter, the Superior Court in each county, as so constituted, shall be a board of canvass for the respective counties of this State.
15 Del. C. § 3188 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3188
§ Â
        3188. Nomination of delegates and alternate delegates; qualifications.
Status: repealed

Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.
15 Del. C. § 7704 — Delaware Code / Title 15 / Chapter 77 / Section 7704
§ Â
        7704. Election, how conducted; results, how ascertained.
Status: in_force

(a) Except as otherwise provided in this chapter, the election of delegates must be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of electors of President and Vice President in this State during elections in which subchapter I of Chapter 43A of this title does not govern.

(b) The Governor shall, without delay, examine the certificates and ascertain the delegates to such convention chosen and make known the same by proclamation and cause notice to be given to each delegate so elected of the delegate’s election as a delegate. All provisions of the laws of this State relative to elections, except as far as inconsistent with this chapter, shall be applicable to such election.
15 Del. C. § 5304 — Delaware Code / Title 15 / Chapter 53 / Section 5304
§ Â
        5304. Duty to disclose information as to interference with elections.
Status: in_force

Every citizen of this State who has knowledge of any design on the part of any other citizen or citizens of this State to promote interference with elections, either by soliciting or advising the presence of a military force at or near the place or places of holding such elections or by the employment of any other organized or unorganized body of individuals, or by intimidation or threats shall forthwith make public disclosure of such knowledge, stating names, by an affidavit to be made before any one of the Superior Court Judges of this State, and shall file the same in the office of the Prothonotary of the county where the Judge resides, and if any such citizen, having such knowledge, fails to make such affidavit and cause the same to be filed, such citizen shall be treated as a promoter of the interference mentioned in § 5303 of this title and be liable as is provided in such § 5303.
15 Del. C. § 3173 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3173
§ Â
        3173. Vote required for nomination.
Status: in_force

In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party holding a primary election.
15 Del. C. § 102 — Delaware Code / Title 15 / Chapter 1 / Section 102
§ Â
        102. Deadline interpretation in this title.
Status: in_force

Except for deadlines that are specifically set on a Saturday, Sunday or a holiday, all deadlines in this title that fall on a Saturday, Sunday or holiday shall be the next official business day at 4:30 p.m.
15 Del. C. § 4514 — Delaware Code / Title 15 / Chapter 45 / Section 4514
§ Â
        4514. Expenses of general election.
Status: in_force

Except where otherwise provided by statute, all necessary costs and expenses incurred in carrying into effect Part IV of this title shall be paid by the State.
15 Del. C. § 5124 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5124
§ Â
        5124. Inducing the making of distinguishing mark on ballot; penalty.
Status: in_force

Whoever induces or attempts to induce any elector to write, paste or otherwise place on that elector’s own ballot the name of any person, or any sign or device of any kind, as a distinguishing mark by which to indicate to any other person how such elector has voted; or whoever enters into or attempts to form any agreement or conspiracy with any other person to induce or attempt to induce any elector to so place any distinguishing mark or name on that elector’s own ballot, whether or not such act be committed or attempted to be committed; shall be imprisoned not more than 2 years.
15 Del. C. § 5408 — Delaware Code / Title 15 / Chapter 54 / Section 5408
§ Â
        5408. Daily updates of polling records.
Status: in_force

The Department of Elections shall establish procedures for daily updates of polling records to ensure the integrity of each election.
15 Del. C. § 1706 — Delaware Code / Title 15 / Chapter 17 / Section 1706
§ Â
        1706. Motion to remove a name from registration records; procedure; entries in records as to such motion.
Status: repealed

Repealed by 75 Del Laws, c. 232, § 15, effective Feb. 1, 2006.
15 Del. C. § 7582 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7582
§ Â
        7582. Rejected ballots.
Status: in_force

(a) No vote shall be accepted or counted if:

(1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or

(2) The absentee voter is not a duly qualified elector entitled to vote in the municipality;

(3) The ballot envelope is open; or

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

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

(b) If the ballot envelope has not been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED”, giving reason therefore.

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

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

(e) Whenever a ballot has not been counted but has been rejected pursuant to this section, the appropriate notation shall be made on the absentee ballot tally and the number of ballots so rejected shall be noted on the certificates of election.

(f) Ballots rejected pursuant to this section shall be deposited in a carrier envelope for the municipal election district to which they apply.
15 Del. C. § 8043 — Delaware Code / Title 15 / Chapter 80 / Subchapter V / Section 8043
§ Â
        8043. Violations; penalties; jurisdiction in Superior Court.
Status: in_force

(a) Except as set forth in § 8044 of this title, any person who knowingly violates any provision of § 8003, § 8004 or § 8005 of this title shall be guilty of a class B misdemeanor.

(b) Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of subchapter II or III of this chapter shall be guilty of a class A misdemeanor.

(c) Any reporting party who knowingly files any report required under this chapter that is false in any material respect, or fails to file any such report, shall be guilty of a class A misdemeanor. For purposes of this subchapter, “reporting party” means any candidate, treasurer or other person required to file reports under this chapter.

(d) Any person who knowingly violates any provision of § 8006 of this title shall be guilty of a class G felony.

(e) A reporting party who reasonably relies upon information provided by another person which is inaccurate, false or misleading and who has no reason to know that such information was inaccurate, false or misleading, shall not be liable for any report filed by such reporting party which is inaccurate, false or misleading as a result of such information, if such reporting party, within 30 days after learning that such information was inaccurate, false or misleading, files an amended report with the Commissioner that corrects the inaccurate, false or misleading aspects of the report. Where a reporting party files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the reporting party shall not be liable if the reporting party shows good cause for filing the amended report beyond the 30-day period.

(f) The Superior Court shall have jurisdiction over all offenses under this chapter.

(g) A reporting party shall report immediately to the Commissioner and the Attorney General any attempt to make a prohibited contribution, or to demand a prohibited expenditure, where such attempt is made with intent to violate this chapter.

(h) A reporting party who receives a prohibited contribution or makes a prohibited expenditure without intent to violate this chapter will not be held liable for a violation of this chapter if the reporting party does either of the following within 30 days after being informed by the Department that the contribution or expenditure was prohibited:

(1) Returns the contribution or reimburses the political committee or other person making the expenditure.

(2) Pays the contribution to the State Treasurer for deposit in the General Fund.

(i) Any person who accepts an unlawful contribution from a person or entity with knowledge that it is a prohibited contribution under this title must return the full amount of the unlawful contribution to the donor.

(j) A reporting party who violates § 8021 of this title shall be assessed a fine by the Commissioner of $500 or 25% of the cost of the campaign advertisement subject thereto, whichever is greater.
15 Del. C. § 5605A — Delaware Code / Title 15 / Chapter 56A / Section 5605A
§ Â
        5605A. Distribution of ballots, envelopes, and instructions [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) Upon receipt of the application for a mail ballot from an elector under § 5604A of this title, the Department shall process the same and confirm that the elector qualifies to vote under this title.

(b) No more than 30 days but not less than 7 days before an election, and within 3 days after the ballots, ballot envelopes, and instructions become available, the Department shall mail all of the following to each elector who requested and qualified for a mail ballot:

(1) A mail ballot for the election district in which the elector resides.

(2) The instructions for completing and returning the mail ballot under § 5607A of this title.

(3) The ballot envelope required under § 5606A of this title.

(c) Postage for all mailings under subsection (b) of this section must be prepaid by the Department.

(d) This section does not prevent the issuance of a mail ballot to a qualified elector when the request is made less than 7 days before the election.
15 Del. C. § 4309 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4309
§ Â
        4309. Governor and Lieutenant Governor; joint election.
Status: repealed

Repealed by 61 Del. Laws, c. 480, § 9, effective July 11, 1978.
15 Del. C. § 5907 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5907
§ Â
        5907. Costs when sitting member is not unseated.
Status: in_force

The house in determining against the claim of the contestant may also decide that the proceeding on the contestant’s part is frivolous and vexatious and may order that the contestant shall pay all the costs of the contested election, but without such order the contestant shall not be liable to costs and the same shall be paid by the State.
15 Del. C. § 5520 — Delaware Code / Title 15 / Chapter 55 / Section 5520
§ Â
        5520. Special write-in absentee ballot; procedures; qualifications.
Status: in_force

(a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(1), (2) or (7) of this title may, during the calendar year in which an election is to be held for President, United States Senator or Representative in Congress, request a special write-in absentee ballot.

(b) The request for a special write-in absentee ballot may be made on the federal post card application (FPCA) form, or on a form prescribed by the State Election Commissioner.

(c) In order to qualify for a special write-in absentee ballot, the elector must state under oath and under penalty of perjury that the elector is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated or extremely remote areas of the world.

(d) Upon receipt of an application pursuant to this section, the Department may hold said application until 90 days prior to an election, but shall mail a ballot and the related materials to the elector as soon thereafter as possible. The special write-in absentee ballot shall be in a form prescribed and provided by the State Election Commissioner, and shall permit the elector to vote by writing in a party preference for each office, or the name of the person whom the voter prefers for each office.
15 Del. C. § 3107 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3107
§ Â
        3107. Determination of nominee.
Status: in_force

Any candidate for party nomination to any office who receives a plurality of the votes cast in that candidate’s party’s primary election for that office shall be the nominee of that candidate’s party for such office.
15 Del. C. § 2006 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2006
§ Â
        2006. Special powers of registration officers during registration.
Status: in_force

Each of the registration officers shall, in addition to the other powers conferred upon such officer by law, have, during the respective times of the appointed sittings for registration, the power to:

(1) Preserve order and enforce obedience to that officer’s lawful commands at or around the place of registration;

(2) Keep access to such place open and unobstructed;

(3) Protect and keep safe registration applications in their custody and possession;

(4) Administer oaths or affirmations.
15 Del. C. § 5116 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5116
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        5116. Tampering with voting machines; penalties.
Status: in_force

Whoever before the opening of the election registers any vote on a voting machine or at any time tampers with, disarranges, defaces, impairs in any manner or destroys a voting machine or any part thereof, including the ballots on its face, shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.
15 Del. C. § 5906 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5906
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        5906. Costs when sitting member unseated.
Status: in_force

If the house having cognizance of the matter determines that the sitting member is not entitled to that sitting member’s own seat, it may order that the costs incurred by such contested election be paid by the State.
15 Del. C. § 1710 — Delaware Code / Title 15 / Chapter 17 / Section 1710
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        1710. Notice of change of election district boundary.
Status: in_force

When the boundaries of any election district have been changed, the Department shall notify each of the affected voters by mail.
15 Del. C. § 5612A — Delaware Code / Title 15 / Chapter 56A / Section 5612A
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        5612A. Preparing mail ballots for tabulation [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The Department may open ballot envelopes in public meetings beginning 30 days before the day of the election in order to prepare them for tabulation. The Department shall notify each party on the ballot that they may have challengers at the meetings during which the Department opens the ballot envelopes. The challengers may challenge ballots as provided elsewhere in this title.

(b) The Department shall appoint teams composed of an equal number of Democrats and Republicans to open and duplicate ballots.

(c) The teams shall open ballots by election district, check them off against the list under § 5618A(b)(1) of this title, duplicate ballots that the team determines that the tabulating equipment cannot read and then secure the opened and duplicated ballots along with the envelopes in a carrier envelope. The teams shall record the number of the carrier envelope and the election district number on a log sheet that it shall also secure in the same carrier envelope.

(d) Teams shall duplicate ballots by marking them according to the voter’s intent as shown on the ballot marked by the voter. If a team cannot determine a voter’s intent, they shall consult the county director and county deputy director for advice and guidance.

(e) When duplicating ballots, the teams shall assign the same unique identifier to the ballot that they duplicate and the duplicated ballot. After the team has duplicated ballots for an election district, the team shall put the ballots that the team duplicated in a separate envelope and put it in the carrier envelope for the election district and the team shall put the duplicated ballots with the ballots that the Department shall tabulate on the day of the election.

(f) The Department shall secure the carrier envelopes in locked cabinets until opened in a subsequent public meeting to insert additional ballots or to tabulate the ballots on the day of the election.
15 Del. C. § 7544 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7544
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        7544. Certification of result of special election; retention of ballots.
Status: in_force

No later than 3 days after the holding of the special election, the judge of the election shall tabulate the ballots and certify the result to the County Council and to the Wilmington City Council under that judge of election’s hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
15 Del. C. § 5713 — Delaware Code / Title 15 / Chapter 57 / Section 5713
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        5713. United States Senator; announcement and certification of election; form.
Status: in_force

(a) The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for Senator from this State in the Senate of the United States, shall issue certificates of such election and deliver and file the same and shall, by proclamation, make public the state of the vote, in the same manner and form, by the same persons and officers, and under the same regulations in all respects as is provided in § 5712 of this title for the election of Representative in Congress.

(b) The Governor shall certify the election or appointment of any Senator elected or appointed as provided by law, under the Great Seal of the State, to the President of the Senate of the United States. Such certificate shall be countersigned by the Secretary of State.

(c) The certificate, in case of an election, may be according to the following form:

“To the President of the Senate of the United States: Be it known that at an election, in due manner held according to the form of the Act of the General Assembly of the State of Delaware, and of the Act of Congress in such case made and provided, on the first Tuesday after the first Monday of the month of November, . . . . ., . . . . . . . . . . . . . . . was elected to be a Senator from the said State in the Senate of the United States for the constitutional term to commence at noon on the third day of January A. D. . . . . . . .. Given under our hands in obedience to the said Act of the General Assembly and of the said Act of Congress this . . . . . . . . . day of . . . . . . . . A. D. . . . . . . .”
15 Del. C. § 8033 — Delaware Code / Title 15 / Chapter 80 / Subchapter IV / Section 8033
§ Â
        8033. Reporting campaign violations.
Status: in_force

(a) The Department shall establish a telephone number and online form for the reporting of any suspected violations under this chapter.

(b) A person reporting a suspected violation under subsection (a) of this section must provide their name, address, telephone number and email address to the Department. The information provided under this subsection is not a “public record” as defined under Chapter 100 of Title 29.
15 Del. C. § 5140 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5140
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        5140. Failure of inspector to preserve order.
Status: in_force

Whoever, being an inspector of election, wilfully neglects or when called on wilfully declines to exercise the powers conferred on that inspector of election to preserve order shall be deemed to have knowingly and wilfully violated that inspector of election’s official duty.
15 Del. C. § 7331 — Delaware Code / Title 15 / Chapter 73 / Subchapter III / Section 7331
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        7331. Procedure in case of failure to elect electors.
Status: in_force

If upon examining the certificates of the boards of canvass it shall appear to the Governor that there has been a failure to choose 1 or more of the electors of a President and Vice President of the United States to be appointed in this State or, if from any cause such electors shall fail to be chosen, the Governor shall immediately issue writs for convening the General Assembly, at Dover, on the fourth Monday of the same November, and the elector or electors to be appointed in this State for the election of a President and Vice President of the United States and not chosen at the general election shall be appointed by ballot by the General Assembly so convened in joint meeting of the Senate and House of Representatives.
15 Del. C. § 7573 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7573
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        7573. Distribution of ballots, envelopes, and instructions; envelope specifications; prepaid postage.
Status: in_force

(a) Upon receipt of a statement from an elector pursuant to § 7572 of this title, the municipality shall process the same and confirm that the elector qualifies for an absentee ballot pursuant to § 7571 of this title.

(b) Not more than 60 nor less than 4 days prior to an election, and within 3 days after the absentee ballots, envelopes, and instructions therefore become available, the municipality shall mail, to each elector who requests and qualifies for an absentee ballot pursuant to § 7571 of this title, the following:

(1) An absentee ballot for the municipal election in which the elector is qualified to vote;

(2) Instructions for completing the absentee ballot and returning it to the municipality, marked “INSTRUCTIONS FOR COMPLETING AND RETURNING AN ABSENTEE BALLOT”; and

(3) An envelope marked “BALLOT ENVELOPE”, which shall be:

a. Of the type known as a security mailing envelope, designed to securely protect the contents thereof from tampering, removal, or substitution without detection;

b. Large enough to carry the ballot; and

c. Addressed for return to the municipality where the elector is qualified to vote.

(c) Postage for all mailings made pursuant to this subsection shall be prepaid by the municipality.

(d) Nothing contained in this section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto when the request is made less than 4 days prior to the election.
15 Del. C. § 2061 — Delaware Code / Title 15 / Chapter 20 / Subchapter VIII / Section 2061
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        2061. Training.
Status: in_force

The State Election Commissioner shall develop a program for training individuals as temporary registrars as well as those persons responsible for planning, organizing and operating a voter registration activity or drive. Training shall be conducted by personnel from the office of the State Election Commissioner. Individuals who complete the training required by the Commissioner shall be certified as a temporary registrar for a period of 2 years or for the duration of the proposed voter registration drive whichever is shorter.
15 Del. C. § 1302 — Delaware Code / Title 15 / Chapter 13 / Section 1302
§ Â
        1302. Voter registration application.
Status: in_force

(a) The State Election Commissioner, in consultation with the Departments of Elections for the counties, shall promulgate the voter registration application and shall set the effective date of each new version. The application shall be updated as necessary to comply with state and federal law and/or to facilitate administration of the State’s voter registration program. The application shall be uniform throughout the State and shall be used for all voter registration transactions within the State.

(b) The application shall be in 2 parts. The Departments of Elections for the counties shall send the original part of each application that was accepted and processed to the State Election Commissioner office. The Departments of Elections for the counties shall maintain the second copy in the County Master Record. The records contained in the County Master Record shall remain in the office of each department and not be removed for any reason except as provided by law.

(c) The voter registration application shall include a question asking whether or not the applicant is a citizen of the United States. The Departments of Elections for the counties shall reject the applications of new registrants who indicate that they are not citizens of the United States or who fail to answer the question. The departments shall notify such persons by first-class mail that their application has been rejected and the reason or reasons thereto. Persons already registered to vote who indicate that they are not citizens of the United States shall be notified by first-class mail that their voter registration shall be cancelled at the expiration of 15 days if they do not affirm in writing that they are citizens of the United States. The departments shall cancel the voter registration of any persons who fail to affirm in writing that they are United States citizens after the expiration of the aforesaid 15-day period. Persons who subsequently affirm in writing to a department that they are United States citizens shall be reinstated by the department as a registered voter.

(d) The voter registration application shall include a place for the applicant’s home telephone number; provided however, that the provision of a telephone number shall be annotated on the form as being optional, and no application shall be rejected for lack thereof. Any registered voter may have that registered voter’s own telephone number removed from the electronic voter registration files by making a request of the department of elections for the county in which they are registered either by telephone or in writing.

(e) The applicant’s signature may be a digitized signature obtained by a state agency as part of a process that includes registering a person to vote or updating the applicant’s voter registration information.

(f) The State Election Commissioner, in collaboration with the Departments of Elections for the counties, may examine methods to streamline the voter registration process through the application of technology. The State Election Commissioner, in consultation with the Departments of Elections for the counties, may adopt and implement such technology. In the event that the process adopted conflicts with subsection (b) of this section, that subsection shall be considered null and void. These innovations may include adoption of a paperless or semi-paperless registration process.

(g) The State Election Commissioner shall make the State’s Voter Registration Application available on the internet by January 1, 2006.