15 Del. C. § 2015 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2015
§ Â
        2015. Late registration procedures for military and overseas citizens.
Status: repealed

Repealed by 75 Del Laws, c. 232, § 23 effective Feb. 1, 2006.
15 Del. C. § 1705 — Delaware Code / Title 15 / Chapter 17 / Section 1705
§ Â
        1705. Cancellation of registration of persons reported as deceased.
Status: in_force

(a) The State’s Office of Vital Statistics shall send each month to the Department and to the State Election Commissioner a complete and accurate file or list of each person 16 years of age or older who has been reported to have died within the State since the previous report. The file or list shall contain, as a minimum: the decedent’s name, Social Security number, residence at time of death, date of birth, date of death, and death certificate number.

(b) The State’s Office of Vital Statistics shall in January and July of each year send a file or list to the Department and the State Election Commissioner containing the name, Social Security number, residence at time of death, state where died, date of birth, date of death, and death certificate number for each Delaware citizen 16 years or age or older reported to that office as having died in another state or country. Where complete data about a decedent is not available, the Office of Vital Statistics shall provide as much information as is available in the file or on the list.

(c) Upon receipt of a file or list from the Office of Vital Statistics, the Department shall cancel the registration of each registered voter whose name is on the list.

(d) The Department may cancel the registration of a person upon receipt of a copy of a death certificate or a written notice from the decedent’s spouse, adult child, sibling or parent.

(e) The Department may use an obituary from a Delaware newspaper as authority to cancel the registration of a registered voter who died in another state or country.
15 Del. C. § 5707 — Delaware Code / Title 15 / Chapter 57 / Section 5707
§ Â
        5707. Enclosing certificates in envelopes.
Status: in_force

The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement thereon describing the certificate enclosed. Upon the paper enclosing the certificates of the election of Senator or Representative in the General Assembly the name of the person chosen shall be endorsed.
15 Del. C. § 1305 — Delaware Code / Title 15 / Chapter 13 / Section 1305
§ Â
        1305. Custody of registration records; public inspection.
Status: in_force

(a) All registration records, when not in the custody of the registrars, shall be and remain in the custody of the department except as otherwise provided. The registration records shall, during normal business hours of each department, be open to the inspection of anyone desiring to examine the same, without fee or reward, provided, however, that Social Security number, date of birth, driver’s license number and telephone number shall not be subject to such inspection. Anyone desiring to do so may be permitted to make copies or partial copies thereof.

(b) Any registered voter may have that registered voter’s telephone number removed from the electronic voter registration files by making the request of that registered voter’s local department of elections, either by telephone or in writing.
15 Del. C. § 5008A — Delaware Code / Title 15 / Chapter 50A / Section 5008A
§ Â
        5008A. Preparation of voting devices.
Status: repealed

(a) (1) The Department shall cause sufficient voting devices to be delivered to the proper polling places before the time appointed for the election officers to report for duty.

(2) The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election:

a. Confirming that the most recent federally-approved software is installed.

b. Checking accuracy by doing the following:

1. Simulating voting by entering sample votes on the voting device.

2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically

(b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate 1 representative to be present during the inspection.

(c) The Department shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the voting devices, to do all of the following:

(1) Certify the numbers on the voting devices and the election districts for which they are designated.

(2) Certify that all voting devices are in proper working condition.

(3) Certify that the voting devices are properly sealed.

(d) [Repealed.]

(e) The Department shall test all voting systems to ascertain that the voting systems will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test of both the voting device system and the absentee ballot system must be published and a test must be conducted within 10 days before the election.

(f) The certification required by this section is a public record and must be available at the Department.

(g) The Department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall ensure the voting devices’ safety and protection.
15 Del. C. § 5613A — Delaware Code / Title 15 / Chapter 56A / Section 5613A
§ Â
        5613A. Carrier envelope specifications; carrier envelopes as ballot boxes [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The Department shall purchase envelopes to be used as carrier envelopes which must be all of the following:

(1) Designed to securely protect the contents from tampering, removal, or substitution without detection.

(2) Large enough to accommodate multiple mail ballots cast in the election.

(b) For all purposes of this title, carrier envelopes are considered the official ballot boxes for mail votes cast during a given election and must meet all of the following requirements:

(1) Contain voted mail ballots from a single election district.

(2) Be labeled to reflect the election district whose mail ballots are held inside.

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

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

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

(e) Upon completion of any inspection of votes under this section, mail ballots must be returned to the carrier envelopes from which they were removed and all of the following must be done with the carrier envelopes:

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

(2) Placed in a secure location and held there until such time as it is destroyed or moved for further legal process.
15 Del. C. § 3186 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3186
§ Â
        3186. Delegate and alternate delegate commitments; authorization required; petitions.
Status: repealed

Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.
15 Del. C. § 2031 — Delaware Code / Title 15 / Chapter 20 / Subchapter IV / Section 2031
§ Â
        2031. Procedure for registration by mail.
Status: in_force

(a) Every qualified elector who is a resident of this State and who is not registered may, as an alternative to other methods of registration, apply to the Department by mail, telephone or in person, for registration forms. Within 3 days, the Department shall mail the required forms and a set of instructions to the applicant.

(b) If a person applies for registration by mail for someone other than himself or herself, that person shall give the name and address of such person and shall sign an appropriate form declaring that the person is requesting such registration forms be mailed to the applicant.

(c) The Department shall perform the same duties in regard to these registration forms as it is required to do with other applications for voter registration.

(d) The Department shall accept any voter registration application, application for an absentee ballot, or any federal write-in absentee ballot promulgated in accordance with federal law as an application to register to vote. The Department shall process these applications as it would any other application submitted in accordance with this title.
15 Del. C. § 4326 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4326
§ Â
        4326. Presiding officer; elector vacancy.
Status: in_force

(a) The Secretary of State shall preside at the meeting of electors described in § 4327 of this title.

(b) The position of an elector not present to vote is vacant. The Secretary of State shall appoint an individual as a substitute elector to fill a vacancy as follows:

(1) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position.

(2) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or unaffiliated presidential candidate.

(3) If the number of alternate electors present to vote is insufficient to fill any vacant position under paragraphs (b)(1) and (b)(2) of this section, by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only 1 remains.

(4) If there is a tie between at least 2 nominees for substitute elector in a vote conducted under paragraph (b)(3) of this section, by appointing an elector chosen by lot from among those nominees.

(5) If all elector positions are vacant and cannot be filled under paragraphs (b)(1) through (b)(4) of this section, by appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (b)(3) of this section and, if necessary, paragraph (b)(4) of this section.

(c) To qualify as a substitute elector under subsection (b) of this section, an individual who has not executed the pledge required under § 4324 of this title shall execute the following pledge:

“I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose elector position I have succeeded.”
15 Del. C. § 4516 — Delaware Code / Title 15 / Chapter 45 / Section 4516
§ Â
        4516. Use of prerecorded or automated voice message.
Status: in_force

[Transferred to 15 Del. C. §  8045A of this title by 82 Del. Laws, c. 170, §  18, effective July 30, 2019.]
15 Del. C. § 4939 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4939
§ Â
        4939. Determination of challenge based on identity of voter.
Status: in_force

If a vote is objected to for the reason that the person offering to vote is not the person whose original permanent registration record appears in the Election District Record, its admission or rejection shall be determined according to the opinion of a majority of the inspector and judges.
15 Del. C. § 4323 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4323
§ Â
        4323. Designation of Stateâs electors.
Status: in_force

For each elector position in this State, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the Secretary of State and State Election Commissioner the names of 2 qualified individuals. One of the individuals must be designated “elector nominee” and the other “alternate elector nominee.” Except as otherwise provided in §§ 4325 through 4328 of this title, this State’s electors are the winning elector nominees under the laws of this State.
15 Del. C. § 7502 — Delaware Code / Title 15 / Chapter 75 / Subchapter I / Section 7502
§ Â
        7502. Local election when there is only 1 candidate.
Status: repealed

Repealed by 75 Del. Laws, c. 342, § 1, effective June 30, 2006.
15 Del. C. § 8032 — Delaware Code / Title 15 / Chapter 80 / Subchapter IV / Section 8032
§ Â
        8032. Public disclosure.
Status: in_force

All reports made to the Commissioner and all rulings made by the Commissioner under this chapter shall be public and shall, immediately upon their filing, be made available by the office of the Commissioner for inspection and copying at reasonable cost by the public, except that the identity of the candidate or committee which requested a ruling shall not be disclosed without the candidate’s or committee’s consent. The Office of the Election Commissioner shall remain open beyond the ordinary close of business on the day the reports are due to be received under § 8030(c) of this title, until all persons who are present at said office at the time of the ordinary close of business have had an opportunity to make reasonable inspection and copying of said reports.

Any contributor who is a law-enforcement officer as defined by § 222 or § 2401 of Title 11, a probation and parole officer, or a federal or state judicial officer may request that the Commissioner remove that officer’s mailing address from any report to the Commissioner before the report is publicly disclosed. Any other person, upon application to the board of elections for the county in which that person resides, may request that the person’s mailing address be removed from any report to the Commissioner before the report is publicly disclosed. After considering the application, if the board of elections determines that good cause exists, it shall approve the removal of the person’s mailing address by the Commissioner before the report is publicly disclosed.
15 Del. C. § 3304 — Delaware Code / Title 15 / Chapter 33 / Section 3304
§ Â
        3304. Duties of State Election Commissioner.
Status: in_force

(a) The State Election Commissioner, upon receiving the certificates of the several party conventions or committees, or any supplemental certificate, of the respective nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States as provided in this chapter, not less than 50 days before the day fixed by law for the ensuing general election, under the Commissioner’s hand and seal of office, shall certify to the Department the names of the candidates for President and Vice-President of the United States of the political parties, together with the designated title of each party and the figure or device of each party as certified to the Commissioner.

(b) The State Election Commissioner, before the day of the ensuing general election, under the Commissioner’s hand and seal of office, shall certify to the Prothonotary of the Superior Court in each county the nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States of each political party as shall have been duly certified to the Commissioner, which certificates shall be presented by the Prothonotary to the Superior Court of the county upon its convening for the performance of the duties imposed upon it by article V of the Constitution of this State.
15 Del. C. § 4702 — Delaware Code / Title 15 / Chapter 47 / Subchapter I / Section 4702
§ Â
        4702. Appointment of election officers.
Status: in_force

The Department may appoint election officers to serve in the polling places.
15 Del. C. § 2102 — Delaware Code / Title 15 / Chapter 21 / Section 2102
§ Â
        2102. Notice of appeal.
Status: in_force

(a) In order to prosecute an appeal, the person taking the same shall notify the Department or registration officers of the decision from which the appeal is taken and also the person affected by the appeal, stating in the notice the time when the appeal will be presented.

(b) To take an appeal from a decision of the registration officers it shall not be necessary for the appellant to declare that appellant’s own intention so to do to the registration officers other than by the notice to the Department and the registration officers as provided in subsection (a) of this section.

(c) No entry in the registration records with respect to an appeal shall affect the right to appeal.
15 Del. C. § 8020 — Delaware Code / Title 15 / Chapter 80 / Subchapter III / Section 8020
§ Â
        8020. Authorized campaign expenditures.
Status: in_force

No political committee may make any expenditure except for the following purposes:

(1) Wages of full-time or part-time campaign staff (but no salary or wage for a candidate or a candidate’s spouse).

(2) Travel expenses of the candidate and campaign staff.

(3) Payment of fees or charges for placing the name of the candidate on the ballot, and for collecting the returns of the election.

(4) Costs of telephone and other communications services.

(5) Costs of postage and other delivery services.

(6) Printing and stationery.

(7) Food, refreshments and related supplies.

(8) Purchase and preparation of lists of voters.

(9) Taking polls and making canvasses of voters.

(10) Payment for election watchers.

(11) Rental of office and rental and purchase of equipment.

(12) Advertising and publicity.

(13) In the case of a candidate committee, purchase of tickets to permit the candidate’s attendance at civic or political events; and in the case of a political action committee, contributions within authorized limits, to any other political committee.

(14) Holding, promoting and furnishing meetings, demonstrations, conventions, and paying musicians and others rendering services in connection with those activities.

(15) Employing attorneys, accountants and other professional advisors.

(16) In the case of a candidate committee, contributions, within the limits set forth in § 8010(a) of this title, to another candidate committee, or as otherwise provided in § 8022 of this title.

(17) In the case of a political party or a political action committee, contributions, within authorized limits, to a candidate committee.

(18) In the case of any political action committee, in addition to any other expenditure authorized by this chapter, contributions to a political party within the limits set forth in § 8011 of this title.

(19) Returning any donor’s contribution up to the amount donated.

(20) Reasonable and necessary expenses for the care of the candidate’s child or children incurred in connection with the candidate’s campaign activities.

(21) Any fee associated with obtaining a criminal history background check as required under this title.
15 Del. C. § 6103 — Delaware Code / Title 15 / Chapter 61 / Section 6103
§ Â
        6103. Application for registration: felony conviction reviews.
Status: in_force

(a) The county office of the Department of Elections shall not register any applicant as a qualified voter until it has been determined that such applicant is lawfully eligible to vote. The county office shall, for each registration application, perform an electronic inquiry against the Criminal Justice Information System (CJIS) and other data to determine if the applicant has been convicted of a felony. If the applicant has not been convicted of a felony and is otherwise eligible to register to vote pursuant to the Delaware Constitution and this title, the applicant shall be registered.

(b) If a review by the county office of the Department of Elections shows that the applicant has been convicted of a disqualifying felony, the registration application shall be denied and the applicant shall not be permitted to register.

(c) If the applicant has been convicted of a felony which is not disqualifying but the applicant has not served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision, then the registration application shall be denied.

(d) If the results of the CJIS inquiry cannot determine the eligibility of the applicant, the respective county office of the Department of Elections shall forward the application to the State Election Commissioner.
15 Del. C. § 2308 — Delaware Code / Title 15 / Chapter 23 / Section 2308
§ Â
        2308. Failure to file financial disclosure.
Status: in_force

The Commissioner upon receiving notice pursuant to § 5815(c) of Title 29 that a candidate for state office has violated subchapter II, Chapter 58 of Title 29, shall publish such candidate’s name on the Department of Elections website if:

(1) For a candidate in a primary election such candidate had not complied with subchapter II, Chapter 58 of Title 29 by August 1 of an election year.

(2) For a candidate in a general election such candidate has not complied with subchapter II, Chapter 58 of Title 29 by October 1 of an election year.
15 Del. C. § 7557A — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7557A
§ Â
        7557A. Complaint procedure; unlawful election activity altering result of election.
Status: in_force

(a) A citizen of a municipality may submit a written complaint to the State Election Commissioner regarding any aspect of that municipality’s election activity that is contrary to state or federal law which altered or is reasonably likely to have altered the result of the election. Such complaint shall be filed no later than 20 days after the result of the municipal election shall have been certified by the municipality’s Board of Elections. The complaint shall state with particularity:

(1) The action or activity that is contrary to state or federal law; and

(2) The specific basis for the complainant’s belief that such activity altered or is reasonably likely to have altered the result of the election.

(b) The State Election Commissioner shall review the complaint and such other materials as he or she deems necessary or appropriate. If, following such review, the Commissioner determines there is reasonable probability that conduct in violation of state or federal law altered or is reasonably likely to have altered the result of the election, then the Commissioner shall file suit in Superior Court on behalf of the complainant to invalidate the result of the election or such other relief as shall be appropriate.
15 Del. C. § 5712 — Delaware Code / Title 15 / Chapter 57 / Section 5712
§ Â
        5712. Representative in the Congress of the United States; announcement and certification of election.
Status: in_force

The Governor, after receiving the certificates, under the seal of the Superior Court, of the results of the election in each county for Representative in the Congress of the United States, shall without delay examine such certificates and declare the person elected, and shall issue certificates of such election, 1 of which the Governor shall transmit to the Secretary of State of the United States, and 1 to the person elected, under the Governor’s own hand and the Great Seal of the State. The certificates of the result of the election in each county shall be filed in the office of the Secretary of State. 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 this State.
15 Del. C. § 4913 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4913
§ Â
        4913. Presence of party representative to aid in qualification of election officers; presence of other persons.
Status: in_force

(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then printed for any general or special election may at the opening of the election be present to aid in the proper qualification of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or the place where the election is held.

(b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section shall enter the room in which the voting is to take place before the opening of the polls.
15 Del. C. § 5951 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5951
§ Â
        5951. Trial by Court; by jury.
Status: in_force

All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgment, determine that it is a case which, under the Constitution and laws of this State, the party or parties are entitled to a trial by jury. In such case a jury shall be empanelled and the cause proceed according to the rules and practice of the Court in jury trials.
15 Del. C. § 307 — Delaware Code / Title 15 / Chapter 3 / Section 307
§ Â
        307. Supplying lists to political party chairs and other persons.
Status: repealed

Repealed by 77 Del. Laws, c. 227, § 18, effective Feb. 1, 2010.
15 Del. C. § 7580 — Delaware Code / Title 15 / Chapter 75 / Subchapter V / Section 7580
§ Â
        7580. Carrier envelope specifications; carrier envelopes as ballot boxes.
Status: in_force

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

(b) Carrier envelopes shall:

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

(2) Contain voted absentee ballots from a municipality;

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

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

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

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

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

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

(2) Put the carrier envelope in a secure location until such time it is needed for a recount, legal action, or is to be destroyed as provided in this chapter.
15 Del. C. § 5510 — Delaware Code / Title 15 / Chapter 55 / Section 5510
§ Â
        5510. Opening and preparing absentee ballots for tabulation.
Status: in_force

(a) The Department may open ballot envelopes and prepare the ballots for tabulation as set forth in this section in public meetings beginning 30 days before the day of the election. The Department shall notify each party on the ballot that they may have challengers present at the meetings. The challengers may challenge ballots as provided elsewhere in this title.

(b) The Department shall appoint teams of election judges to fulfill the duties set forth in this section. No more than half of the judges on a team may be registered with any 1 party. A single team may not handle or process ballots or ballot envelopes for more than 1 election district at a time.

(c) The teams shall select ballot envelopes in order of election districts within the county and check them off against the list of absentee voters. For each ballot envelope, the election judges shall ascertain whether a challenge has been made pursuant to this chapter.

(d) Ballots that are not challenged shall then be separated from the ballot envelopes and the ballot envelopes shall be separately stored in a secure location.

(1) If a team determines that an original ballot will not be readable by the tabulating equipment, it shall duplicate the ballot as follows:

a. The team shall assign the same unique identifier to the original ballot and the duplicate ballot.

b. The team shall duplicate the original ballot by marking the duplicate ballot 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 deputy county director for advice and guidance.

c. After the team has duplicated any ballots necessary for an election district, the team shall put the original ballots in a separate envelope to be securely stored. The duplicate ballot shall be placed with all other ballots for the same election district for further processing.

(2) If a ballot contains a write-in vote, the team shall record the proper notations of such votes in the election records for the election district in which an absentee voter is registered to vote.

(e) When a team has completed the steps set forth in subsections (c) and (d) of this section, a team shall scan the ballots for tabulation using the ballot scanning devices located in the county elections office.

(f) (1) After the completion of the process set forth in this section, the teams shall secure the ballots in a carrier envelope, seal the carrier envelope, and each member of the team shall sign the member’s name on the outside of the carrier envelope, affirming that the team sealed the envelope and that the envelope contains ballots for the election district to which the envelope is assigned. Each carrier envelope must contain absentee ballots for no more than 1 election district and only 1 carrier envelope may be filled at a time. Each signed and sealed envelope shall be placed in a secure location until such time as it is required to be moved or destroyed under § 4980 of this title or other legal process.

(2) At the end of every day, and during any pause in the process set forth in this section, all ballots shall be secured in carrier envelopes and be stored in locked cabinets until opened in a subsequent public meeting for the completion of processing under this section.

(g) The results of the absentee ballots shall not be extracted or reported before the polls have closed on the day of the election.
15 Del. C. § 5942 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5942
§ Â
        5942. Irregularities not invalidating election.
Status: in_force

No inequality or improper conduct in the proceedings of the election officers or clerks or any one of them, shall be construed to amount to such malconduct as to annul or set aside any election unless the inequality or improper conduct shall have been such as to procure the person whose right to the office may be contested to be declared duly elected when he or she has not received the highest number of legal votes cast at the election.
15 Del. C. § 5507 — Delaware Code / Title 15 / Chapter 55 / Section 5507
§ Â
        5507. Voting procedure; execution of statement; return of ballot.
Status: in_force

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

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

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

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

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

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

b. Delivering it, or causing it to be delivered, to the Department before the polls close on the day of the election.
15 Del. C. § 4935 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4935
§ Â
        4935. Special officers at entrance of polling place.
Status: repealed

Repealed by 75 Del. Laws, c. 232, § 60, effective Feb. 1, 2006.
15 Del. C. § 209 — Delaware Code / Title 15 / Chapter 2 / Section 209
§ Â
        209. Quorum.
Status: in_force

A quorum of 6 members shall be required for the transaction of any business by the State Board of Elections. A meeting of the Subcommittee, which is comprised of 6 members of the Board, does not constitute a quorum of the Board under this section.
15 Del. C. § 4941 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4941
§ Â
        4941. Residency of voter.
Status: in_force

If a vote is objected to for the reason that the person is not a bona fide resident of the election district in whose record that person’s name appears, the following rules shall apply:

(1) If any person who has resided within this State actually moves outside this State with the intention of remaining there for an indefinite time as a place of present domicile, such person shall lose that person’s own qualification of residence within the State, notwithstanding any floating intention that person may entertain to return at some future time.

(2) A person registered to vote in the State who has moved from an address or residence located within 1 election district within the State to another address or residence within another elections district within the State shall be permitted to vote at the polling place for that person’s new residence or address.
15 Del. C. § 6102 — Delaware Code / Title 15 / Chapter 61 / Section 6102
§ Â
        6102. Definitions.
Status: repealed

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

(1) “Disqualifying felony” shall mean that type of felony set forth in § 2, article V of the Constitution of this State which permanently disqualifies any person convicted of such felony from voting.

(2) [Repealed.]

(3) “Full discharge” or “fully discharged” shall mean that a person convicted of a felony which is not disqualifying has served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision.

(4) “State Election Commissioner” shall mean the State Election Commissioner or the Commissioner’s designee.

(b) For the purposes of § 2 of article V of the Constitution of this State and for the purposes of this chapter, no sentence shall be deemed to be expired until a person convicted of a felony which is not disqualifying has served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision.
15 Del. C. § 1701 — Delaware Code / Title 15 / Chapter 17 / Section 1701
§ Â
        1701. Qualifications for registration as qualified voter.
Status: in_force

(a) Every applicant for registration shall be a qualified voter in a general or primary election if such applicant is a citizen of this State of the age of 18 years and upwards, or who will be 18 years old on or before the day of the general election next succeeding the applicant’s registration, and is a bona fide resident of this State. An applicant shall be a qualified voter in a special election if such applicant is a citizen of this State of the age of 18 years and upwards on the date of the special election. No person in the military, naval or marine service of the United States shall become a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State; and no person adjudged mentally incompetent, person who is ineligible to vote under Chapter 61 of this title, or person rendered incapable of voting by reason of violating § 7 of Article V of the Constitution of this State for 10 years next following that person’s conviction and sentence thereunder, shall be a qualified voter. For purposes of this chapter, the term “adjudged mentally incompetent” refers to a specific finding in a judicial guardianship or equivalent proceeding, based on clear and convincing evidence that the individual has a severe cognitive impairment which precludes exercise of basic voting judgment.

(b) The Department shall permit registration of any citizen and bona fide resident of this State 16 years of age or older through the Division of Motor Vehicles as set forth in §§ 2050(a) and 2050A of this title, provided that such applicant shall not be a qualified voter unless qualified under subsection (a) of this section.
15 Del. C. § 5002A — Delaware Code / Title 15 / Chapter 50A / Section 5002A
§ Â
        5002A. Compliance guarantee.
Status: in_force

Before any electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing such voting device must give an adequate guarantee in writing and post a bond accompanied by satisfactory surety with the State Election Commissioner guaranteeing and securing that such voting devices comply fully with the requirements contained in § 5001A of this title and will correctly and accurately record every vote cast and further guaranteeing such voting device against defects in labor and materials for a period of 5 years from the date of acquisition thereof, or, in the case of rented voting devices, for the period of rental.
15 Del. C. § 7545 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7545
§ Â
        7545. Alternative approval procedure when only 1 qualified voter exists.
Status: in_force

If only 1 qualified voter in the territory exists for the purpose of determining whether an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington shall be approved, notwithstanding any other provisions in this subchapter or in Title 22 the annexation shall be deemed approved if, within 7 days of the County Executive’s approval of the county ordinance pursuant to § 101A(a)(2)f. of Title 22, the qualified voter files with the Clerk of the Peace a sworn affidavit approving of the annexation. If the qualified voter is a corporation, limited partnership or other entity, such affidavit must be accompanied by a suitable sealed, certified copy of a corporate resolution or its equivalent authorizing an officer, agent or other person to execute the affidavit approving the annexation on behalf of the entity. On receipt of said affidavit, together with the authorization, if any, the Clerk of the Peace shall certify the approval to the County Council and to the Wilmington City Council under that Clerk of the Peace’s hand and seal. Said certification shall, for all intents and purposes, be construed as the required certificate under § 7544 of this title and § 101A(a)(2)f. of Title 22.
15 Del. C. § 1301 — Delaware Code / Title 15 / Chapter 13 / Section 1301
§ Â
        1301. Registration records â Furnished by the Commissioner.
Status: repealed

Repealed by 60 Del. Laws, c. 414, § 2, effective May 22, 1976.
15 Del. C. § 1104 — Delaware Code / Title 15 / Chapter 11 / Section 1104
§ Â
        1104. Biennial mailing of polling place card and election information.
Status: in_force

(a) In each year in which a general election is held, the Department shall mail to all registered voters, no later than 30 days before the state primary election, a notice informing the registrant of that registrant’s polling place by nonforwardable first-class mail. If this notice is returned as undeliverable, the Department shall proceed as set forth in § 2014 of this title.

(b) The notice set forth in subsection (a) of this section shall also include all of the following information:

(1) A brief description of all available methods of voting.

(2) The dates and times on which the general and any primary election will be held.

(3) Deadlines for voter registration for each election and for party changes before a primary.

(4) A brief outline of procedures and requirements at polling places and early voting sites.
15 Del. C. § 3168 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3168
§ Â
        3168. Stealing, destroying or falsifying registration records; penalty.
Status: in_force

(a) Whoever, being an inspector of any primary election, clerk or other officer or person having the custody of any registration records, oaths, return of votes, certificates, poll lists or any paper, document or evidence of any description in this chapter directed to be made, filed or preserved, steals, wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes the whole or any part thereof, or fraudulently makes any entry, erasure or alteration therein, except as allowed and directed by this chapter, or permits any other person to do so, shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.

(b) Whoever, other than an officer mentioned in subsection (a) of this section, commits any of the acts specified in such subsection (a) or advises, procures or abets the commission of the same shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 2050A — Delaware Code / Title 15 / Chapter 20 / Subchapter VII / Section 2050A
§ Â
        2050A. Automatic voter registration at the Division of Motor Vehicles and other agencies [Effective upon fulfillment of 85 Del. Laws, c. 63, Â 14(f)].
Status: repealed

(a) (1) Except as provided under paragraphs (a)(2) and (a)(3) of this section and subject to paragraphs (a)(4) and (a)(5) of this section, an individual who conducts any of the following transactions with the Division of Motor Vehicles, in person or on the Division’s website, is to be automatically registered to vote as part of the transaction:

a. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

b. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

c. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

(2) An individual conducting a transaction under paragraphs (a)(1)a. through (a)(1)c. of this section may decline to be registered to vote.

(3) The Division of Motor Vehicles may not register an individual to vote under this subsection if any of the following apply:

a. At the time of the transaction with the Division of Motor Vehicles, the individual provides a document that demonstrates the individual is not a United States citizen.

b. The Division of Motor Vehicles has information that the individual is not a United States citizen.

c. The individual is applying for a driving privileges card or permit under § 2711(d) of Title 21.

d. The individual declines to be registered to vote under paragraph (a)(2) of this section. The fact that the individual declines to be registered to vote under this subsection is confidential and may not be used for any purpose other than voter registration.

(4) The application associated with a transaction under paragraphs (a)(1)a. through (a)(1)c. of this section must include as part of the individual’s application a voter registration component.

a. The voter registration component of the application must include all of the following:

1. The minimum amount of information necessary to ensure the prevention of duplicate voter registrations and preserve the ability of election officials to determine the individual’s eligibility to vote and otherwise administer voter registration and the election process. This information must include the individual’s choice of political party affiliation or choice to not be affiliated with a political party.

2. A statement setting forth voting eligibility requirements and an attestation that the individual meets the requirements.

3. The signature of the individual under penalty of perjury.

b. The voter registration component of the application is not required to include a notarization or other formal authorization.

(5) The voter registration component may not require any information which duplicates information required as part of the transaction under paragraphs (a)(1)a. through (a)(1)c. of this section other than a second signature or information under paragraph (a)(4)a. of this section.(a) Each person who, in the course of business with the Division of Motor Vehicles, provides documentation demonstrating United States citizenship, shall be confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote. The course of business with the Division of Motor Vehicles applies to any person who comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:

(1) The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

(2) The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

(3) The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

(b) (1) For each individual who is confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, and who is not registered to vote and who is of sufficient age to register to vote, the Division of Motor Vehicles shall provide to the Department of Elections all of the following information about the individual:

a. The individual’s name.

b. The individual’s date of birth.

c. The individual’s driver’s license or state ID number.

d. The individual’s residence address and mailing address, if different from the residence address.

e. The individual’s county of residence.

f. The individual’s citizenship status.

g. An electronic image of the individual’s signature.

(2) The Division of Motor Vehicles shall transmit the information in paragraph (b)(1) of this section to the Department of Elections electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.

(c) Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State or to require documentary proof of citizenship for voter registration.

(d) (1) Upon receiving a complete electronic record for an individual who is not registered to vote, is of sufficient age to register to vote, and who has demonstrated United States citizenship, the Department of Elections shall, upon determination that the individual is eligible to register to vote, do all of the following:

a. Register the individual to vote.

b. Mark the individual as unaffiliated.

c. Send the individual a notice under paragraph (e)(1) of this section.

(2) If the Department of Elections determines that a person under paragraph (d)(1) of this section is ineligible to register to vote, the Department of Elections may not register the individual to vote or send the individual a notice under paragraph (e)(1) of this section.

(3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations.oter registration component of the application is not required to include a notarization or other formal authorization.

(5) The voter registration component may not require any information which duplicates information required as part of the transaction under paragraphs (a)(1)a. through (a)(1)c. of this section other than a second signature or information under paragraph (a)(4)a. of this section.

(b) (1) For each individual who is confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, and who is not registered to vote and who is of sufficient age to register to vote, the Division of Motor Vehicles shall provide to the Department of Elections all of the following information about the individual:

a. The individual’s name.

b. The individual’s date of birth.

c. The individual’s driver’s license or state ID number.

d. The individual’s residence address and mailing address, if different from the residence address.

e. The individual’s county of residence.

f. [Repealed.]

g. An electronic image of the individual’s signature.

h. The individual’s choice of political party affiliation or choice to not be affiliated with a political party.

i. If the individual declines to be registered to vote under paragraph (a)(2) of this section.

(2) The Division of Motor Vehicles shall transmit the information in paragraph (b)(1) of this section to the Department of Elections electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.

(c) Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State or to require documentary proof of citizenship for voter registration.

(d) (1) Upon receiving a complete electronic record for an individual who is not registered to vote, is of sufficient age to register to vote, has demonstrated United States citizenship, and did not elect to decline to register to vote under paragraph (a)(2) of this section, the Department of Elections shall, upon determination that the individual is eligible to register to vote, do all of the following:

a. Register the individual to vote.

b. Register the individual’s choice of political party affiliation or choice to not be affiliated with a political party.

c. Send the individual a notice under paragraph (e)(1) of this section.

(2) If the Department of Elections determines that an individual under paragraph (d)(1) of this section is ineligible to register to vote, the Department of Elections may not register the individual to vote or send the individual a notice under paragraph (e)(1) of this section.

(3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations.

(e) (1) For any individual registered to vote pursuant to paragraph (d)(1) of this section, the Department of Elections shall send to the individual’s address of record the notice required under § 2014(c) of this title, which may include any additional information the Department of Elections determines is appropriate. If the notice is returned as undeliverable, the Department of Elections shall send the person an address verification request under § 2014(c) of this title.

(2)-(6) [Repealed.]

(f) [Repealed.]individual to vote or send the individual a notice under paragraph (e)(1) of this section.

(3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations.

(e) (1) For any individual registered to vote pursuant to paragraph (d)(1) of this section, the Department of Elections shall send to the person’s address of record, by nonforwardable mail, a notice that the individual has been registered to vote that contains a postage paid preaddressed return form by which the person may affiliate with a political party or decline to be registered.

(2) A notice mailed under paragraph (e)(1) of this section must include an explanation of the eligibility requirements to register to vote and a statement indicating that if the person is not eligible, the person should decline to register using the preaddressed return form. The notice must also state the penalties for submission of a false application.

(3) The notice provided under paragraph (e)(1) of this section must also include a statement indicating that if the person declines to register to vote, the fact that the person has declined registration will remain confidential and will be used only for election administration purposes, and a statement indicating that if a person does not decline registration, the office at which the person was registered will remain confidential and will be used only for election administration purposes.

(4) The notice provided under paragraph (e)(1) of this section must include a statement instructing the person to select a political party in order to vote in that party’s political primary. The notice must also inform the person that they may affiliate with a political party by using the State’s online voter registration system.

(5) The notice provided under paragraph (e)(1) of this section must provide information regarding participation in the Address Confidentiality Program pursuant to § 1303 of this title.

(6) The Department of Elections shall prescribe the form of the notice described in paragraph (e)(1) of this section. Such notice may be combined with the notice provided to newly registered voters required under § 2014(c) of this title.

(f) (1) If a person returns the notice provided under paragraph (e)(1) of this section and declines to be registered, the person’s registration is cancelled, and the person is deemed to have never registered. If the person has voted in an election after the transfer of the person’s record but before the notice is returned, the returned form is of no effect and the person is registered as of the date of the person’s application with the Division of Motor Vehicles.

(2) If a person returns the notice provided under paragraph (e)(1) of this section and affiliates with a party, the person is registered as of the date of the person’s application with the Division of Motor Vehicles, and the person’s affiliation shall be marked effective as of the date the affiliation information is received.

(3) If a person returns the notice provided under paragraph (e)(1) of this section without marking the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered as of the date of the person’s application with the Division of Motor Vehicles.

(4) If a notice provided under paragraph (e)(1) of this section is returned as undeliverable, the Department of Elections must send the person an address verification request pursuant to § 2014(c) of this title.

(5) Information relating to the return of a notice form declining to be registered may not be used for any purpose other than election administration.

(g) (1) The Division of Motor Vehicles shall provide notice of a change of name or address to the Department of Elections for an individual who meets all of the following requirements:

a. Is registered to vote in this state.

b. Comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:

1. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

2. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

3. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

c. Provides information indicating a different name or address from that on the individual’s voter registration record.

(2) This information shall be transmitted electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.

(3) The Department of Elections must change the person’s registration record to reflect the change of name or address, mark the registration record as “active,” and send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. Such notice may be combined with the notice required under § 2014(c) of this title.

(4) If the person returns the form described in paragraph (g)(3) of this section and indicates that the change to the registration records was in error, the Department of Elections must immediately correct the person’s previously updated information in the statewide voter registration database.

(h) (1) Each state agency that provides voter registration services pursuant to § 2050(b) of this title shall annually provide to the Department of Elections a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.

(2) At the earliest practicable time, the State Election Commissioner or the Commissioner’s designee shall assess which voter registration agencies collect sufficient information from applicants to verify eligibility for voter registration purposes or update information for an existing registration.

(3) If, after conducting the assessment required by paragraph (h)(2) of this section, the State Election Commissioner or the Commissioner’s designee determines that a state agency collects the necessary information to confirm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections.tions shall send to the individual’s address of record the notice required under § 2014(c) of this title, which may include any additional information the Department of Elections determines is appropriate. If the notice is returned as undeliverable, the Department of Elections shall send the person an address verification request under § 2014(c) of this title.

(2)-(6) [Repealed.]

(f) [Repealed.]

(g) (1) The Division of Motor Vehicles shall provide notice of a change of name or address to the Department of Elections for an individual who meets all of the following requirements:

a. Is registered to vote in this state.

b. Comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:

1. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

2. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

3. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.

c. Provides information indicating a different name or address from that on the individual’s voter registration record.

(2) This information shall be transmitted electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.

(3) The Department of Elections must change the person’s registration record to reflect the change of name or address, mark the registration record as “active,” and send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. Such notice may be combined with the notice required under § 2014(c) of this title.

(4) If the person returns the form described in paragraph (g)(3) of this section and indicates that the change to the registration records was in error, the Department of Elections must immediately correct the person’s previously updated information in the statewide voter registration database.

(h) (1) Each state agency that provides voter registration services pursuant to § 2050(b) of this title shall annually provide to the Department of Elections a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.

(2) At the earliest practicable time, the State Election Commissioner or the Commissioner’s designee shall assess which voter registration agencies collect sufficient information from applicants to verify eligibility for voter registration purposes or update information for an existing registration.

(3) If, after conducting the assessment required by paragraph (h)(2) of this section, the State Election Commissioner or the Commissioner’s designee determines that a state agency collects the necessary information to confirm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections.

(4) The agency shall provide electronic records to the Department of Elections, and the Department of Elections shall process electronic records received from the agency substantially in accordance with the procedures set out in this section for the Division of Motor Vehicles, subject to any modifications necessary to comply with federal law.

(i) The Department of Elections, officials from the Division of Motor Vehicles, and officials from any other agencies designated under paragraph (h)(3) of this section shall work jointly to provide registration and materials educating the public about the procedures established in this section.

(j) The Department of Elections shall establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the Department of Elections and the Division of Motor Vehicles or any other agency designated pursuant to paragraph (h)(3) of this section. No agency may begin to exchange or transfer data under this section unless that agency adheres to the technological security requirements established by the Department of Elections under this subsection.

(k) The Department of Elections, in consultation with the Division of Motor Vehicles and any other agencies designated pursuant to paragraph (h)(3) of this section, shall audit the system established by this section for quality of data prior to implementation. Following implementation, the Department of Elections shall conduct regular audits and random checks of the system to ensure accuracy and reliability.

(l) (1) The Department of Elections shall produce an annual public report to the Governor and General Assembly that includes all of the following:

a. The number of records transferred to the Department of Elections under this section, categorized by the source agency.

b. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency.

c. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and the type of information update.

d. The number of individuals who declined voter registration.

e. Information on the implementation of audits, security, and privacy protocols.

f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency.

(2) For items in paragraphs (l)(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included.

(3) The report may not include any personal identifying information.

(4) To meet the requirement to produce the report to the General Assembly, the Department of Elections shall provide the report to all of the following:

a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

c. The Director and Librarian of the Division of Legislative Services.irm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections.

(4) The agency shall provide electronic records to the Department of Elections, and the Department of Elections shall process electronic records received from the agency substantially in accordance with the procedures set out in this section for the Division of Motor Vehicles, subject to any modifications necessary to comply with federal law.

(i) The Department of Elections, officials from the Division of Motor Vehicles, and officials from any other agencies designated under paragraph (h)(3) of this section shall work jointly to provide registration and materials educating the public about the procedures established in this section.

(j) The Department of Elections shall establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the Department of Elections and the Division of Motor Vehicles or any other agency designated pursuant to paragraph (h)(3) of this section. No agency may begin to exchange or transfer data under this section unless that agency adheres to the technological security requirements established by the Department of Elections under this subsection.

(k) The Department of Elections, in consultation with the Division of Motor Vehicles and any other agencies designated pursuant to paragraph (h)(3) of this section, shall audit the system established by this section for quality of data prior to implementation. Following implementation, the Department of Elections shall conduct regular audits and random checks of the system to ensure accuracy and reliability.

(l) (1) The Department of Elections shall produce an annual public report to the Governor and General Assembly that includes all of the following:

a. The number of records transferred to the Department of Elections under this section, categorized by the source agency.

b. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency.

c. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and the type of information update.

d. The number of individuals who declined voter registration.

e. Information on the implementation of audits, security, and privacy protocols.

f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency.

(2) For items in paragraphs (l)(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included.

(3) The report may not include any personal identifying information.ment to produce the report to the General Assembly, the Department of Elections shall provide the report to all of the following:

a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

c. The Director and Librarian of the Division of Legislative Services.

(m) (1) Unless a person who is ineligible to register to vote intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person’s electronic record to the Department of Elections under this section does not constitute the completion of a voter registration form by that person, and that person may not be considered to have registered to vote or made a false claim to United States citizenship. If such a registration is processed by the Department of Elections, it is presumed to have been officially authorized by the state, and the person is not subject to any penalty under this code.

(2) If an individual who is ineligible to vote becomes registered to vote under this section, that individual is not guilty of wrongful registration under § 2302 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.

(3) If an individual who is ineligible to vote becomes registered to vote under this subchapter and votes or attempts to vote in an election held after the effective date of the individual’s registration, that individual is presumed to have a defense under § 5104 of this title and is not guilty of fraudulent voting under § 5128 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.

(n) The Division of Motor Vehicles and the Department of Elections may promulgate regulations to implement and enforce the provisions of this section.protocols.

f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency.

(2) For items in paragraphs (l)(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included.

(3) The report may not include any personal identifying information.

(m) (1) Unless a person who is ineligible to register to vote intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person’s electronic record to the Department of Elections under this section does not constitute the completion of a voter registration form by that person, and that person may not be considered to have registered to vote or made a false claim to United States citizenship. If such a registration is processed by the Department of Elections, it is presumed to have been officially authorized by the state, and the person is not subject to any penalty under this code.

(2) If an individual who is ineligible to vote becomes registered to vote under this section, that individual is not guilty of wrongful registration under § 2302 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.

(3) If an individual who is ineligible to vote becomes registered to vote under this subchapter and votes or attempts to vote in an election held after the effective date of the individual’s registration, that individual is presumed to have a defense under § 5104 of this title and is not guilty of fraudulent voting under § 5128 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.

(n) The Division of Motor Vehicles and the Department of Elections may promulgate regulations to implement and enforce the provisions of this section.
15 Del. C. § 3123 — Delaware Code / Title 15 / Chapter 31 / Subchapter II / Section 3123
§ Â
        3123. Use of ballot.
Status: in_force

All primary elections shall be by ballot.
15 Del. C. § 2022-2024 — Delaware Code / Title 15 / Chapter 20 / Subchapter III / Section 2022-2024
§ ÂÂ
        2022-2024. Traveling registration officers; duties; qualifications; compensation; term of office; performance of duties by traveling registration officers; appointment of traveling registration officers.
Status: repealed

Repealed by 74 Del. Laws, c. 411, § 14, effective Aug. 5, 2004.
15 Del. C. § 3301 — Delaware Code / Title 15 / Chapter 33 / Section 3301
§ Â
        3301. Certificates of nomination.
Status: in_force

(a) Candidates for political parties who must file for election in accordance with § 3101 of this title, and who either receive the majority vote at the subsequent primary election or are unopposed in the party for the office for which the candidate has filed shall be considered nominated.

(b) The presiding officer and secretary of the state convention or committee of each political party eligible to place candidates on the ballot shall submit certificates of nomination for electors of President and Vice-President of the United States together with the name of the candidates for President and Vice-President to the State Election Commissioner.

(c) The presiding officer and secretary of the state convention or committee of each political party eligible to place candidates on the ballot may submit a candidate for federal and statewide offices by submitting a certificate of nomination to the State Election Commissioner:

(1) For any office for which no candidate has filed in accordance with § 3101 of this title, or

(2) For any office for which candidates are selected by the state nominating convention of a minor political party.

(d) The presiding officer and secretary of the county committee of each political party eligible to place candidates on the ballot shall submit a certificate of nomination for candidates for the General Assembly and county and municipal offices to the Department office for the county in which the candidate resides, as follows:

(1) For any office for which no candidate has filed in accordance with § 3101 of this title.

(2) For any office for which candidates are selected by the state nominating convention of a minor political party.

(e) For minor political parties not required to select candidates under Chapter 31 of this title, each party shall select its candidates at the party’s state or county nominating convention held on or before August 1 in the year of a general election and shall file the certificates of nomination of the selected candidates within 10 business days of the nominating convention. To be removed from a general election ballot, the candidate must withdraw the certificate of nomination on or before 4:30 p.m. on the first Friday after the day the certificate of nomination is submitted.

(f) Nominating certificates shall be in writing and, in each case, shall contain the name of each person nominated, the person’s residence and the office for which the person is nominated, other than the names of the candidates for President and Vice-President for which no residence need be given. The persons making such certificates shall add to their signatures their respective places of residence and shall acknowledge such certificate before an officer duly authorized to take acknowledgments of deeds, and a certificate of such acknowledgment shall be fixed to the instrument.

(g) No such state nominating convention shall have completed its business relative to such nominations until such time as 1 nominee for each of the aforesaid offices shall have received a vote greater than 50% of the total number of eligible delegate votes at such convention, which polled vote shall be considered final.

(h) The State Election Commissioner shall verify that the nominations of candidates submitted to the State Election Commissioner and the eligibility of each political party to make such nominations conform to the requirements under this title. The Department offices shall do the same concerning certificates of nomination submitted to the offices.

(i) The State Election Commissioner shall forthwith send a copy of each certificate of nomination submitted to the Commissioner to the Department offices. The Department offices shall forthwith send a copy of each certificate of nomination submitted to the offices to the State Election Commissioner.

(j) Notwithstanding anything else set forth herein to the contrary, a candidate for office nominated by a party under this section upon the filing of a certificate of nomination must be a registered member of the party nominating such candidate at the time the certificate of nomination is filed, as shown on the voter rolls of the Department (except in the case of presidential and vice-presidential nominees, who need not be registered voters in the State).

(k) All candidates for statewide office, the General Assembly, or any elected county office, who have not already obtained a criminal history background check under § 3106 of this title in the same general election year, must request a criminal history background check, no earlier than 90 days before the candidate filing deadline and no later than the filing deadline, from the State Bureau of Identification and provide proof that the criminal history background check has been requested before being nominated as a candidate.

(1) A candidate will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (k)(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 October 1 of each general election year that a candidate is qualified under § 21 of Article II of the Delaware Constitution before accepting the certificate of nomination for a candidate under this section.
15 Del. C. § 8030 — Delaware Code / Title 15 / Chapter 80 / Subchapter IV / Section 8030
§ Â
        8030. Reports of political committees.
Status: repealed

(a) Each candidate (except a candidate who is excused from filing a report under § 8004 of this title) and every treasurer (except of a candidate excused from filing a report under § 8004 of this title) shall be responsible for filing with the Commissioner reports of contributions and expenditures on forms prescribed by the Commissioner for every reporting period during which a political committee is in existence. A candidate shall be jointly responsible with the treasurer for the filing of the report of a candidate committee.

(b) A reporting period shall begin on the day after the previous reporting period (except that for a newly-formed committee, the reporting period begins on the date the first contribution is received or expenditure made by or on behalf of such committee) and shall end on the following dates:

(1) December 31 of every year, before or after an election, from the time the committee receives its first contribution or makes its first expenditure, until and including the year in which contributions and expenditures are balanced and the political committee terminates;

(2) 30 days before any election (except for committees of candidates not on the ballot at such election);

(3) 8 days before any election (except for committees of candidates not on the ballot at such election).

(c) (1) Each report required by paragraph (b)(1) of this section must be:

a. Filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the twentieth day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1.

b. [Repealed.]

(2) Each report required by paragraph (b)(2) of this section must be:

a. Filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1.

b. [Repealed.]

(3) Each report required by paragraph (b)(3) of this section must be filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a State holiday under Chapter 5 of Title 1.

(d) Each report under this section shall disclose all of the following information, for the entire reporting period:

(1) Amount of cash and other intangible and tangible assets on hand at the beginning of the reporting period;

(2) Full name and mailing address of each person who has made contributions to such political committee (including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events, whether or not the tickets were used by the person who paid for them) 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. If the person who made the contribution is not an individual, then the report shall also include the name and address of 1 responsible party for such person;

(3) Total of contributions made to such political committee during the reporting period and not reported under paragraph (d)(2) of this section;

(4) Name and address of each political committee from which the political committee received, or to which the political committee made, any transfer of funds, together with the amounts and dates of all transfers, no matter what the amount;

(5) The amount of each debt in excess of $50, owed to or owing by such political committee at the end of the reporting period, the full names and mailing addresses of any lender, borrower and endorser of such debt, the date and the interest rate of such loan, and a description of any security given therefor;

(6) Total amount of proceeds from:

a. Sale of tickets to each reception, meal, rally or other fund-raising event;

b. Collections made at such events; and

c. Sales of items such as campaign pins, buttons, badges and similar materials; provided, however, that all payments and contributions by any person, whether as gifts, as purchases of tickets or other goods or services, or partially as gifts and partially as purchases, by any person during any election period, shall be aggregated and, if such aggregate total exceeds $50 during such election period, shall be reported under paragraph (d)(2) of this section;

(7) Each contribution or other receipt in excess of $100 not otherwise listed under paragraphs (d)(2) through (6) of this section;

(8) Total receipts by such political committee or candidate during the reporting period;

(9) Full name and mailing address of each person to whom any expenditure has been made by such political committee 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;

(10) Total expenditures made by such political committee or candidate in connection with such campaign; and

(11) All goods and services that are contributed in kind, or at no charge or at a cost less than fair market value (except for services excluded from the definition of “contribution” under § 8002 of this title) to the extent that the fair market value, less any amount paid by the candidate or committee, exceeds $100.

(e) The reports required to be filed by this section shall be cumulative for the election period to which they relate, but where there has been no change in an item previously reported, only the amount need be carried forward.

(f) Each statement shall be accompanied by an affidavit verified by the candidate or the treasurer of the political committee, which states as follows:

“I solemnly swear [or affirm] that the foregoing statement is in every respect true and correct, and discloses all contributions received and expenditures required by me under Title 15, Chapter 80 of the Delaware Code.”

(g) The report required under paragraph (b)(3) of this section may omit the information required under paragraph (d)(9) of this section; provided, however, that all such information shall be disclosed in the next report required hereunder.
15 Del. C. § 7556 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7556
§ Â
        7556. Election Officers; appointment; responsibilities; training.
Status: in_force

Unless otherwise provided by town charter or code:

(1) The municipality shall have sufficient Election Officers to conduct the elections.

(2) The Inspector shall be the chief Election Officer in the polling place.

(3) The Inspector shall determine all challenges and all other issues involving the conduct of the election at the polling place. The Board of Elections may provide advice and guidance to the Election Officers.

(4) Election Officers individually and collectively shall conduct elections in a fair and equal manner.

(5) Election Officers who violate the provisions of subchapters IV or V of this chapter shall be removed forthwith by the Board of Elections.
15 Del. C. § 7718 — Delaware Code / Title 15 / Chapter 77 / Section 7718
§ Â
        7718. Compensation of delegates, officers and employees; expenses.
Status: in_force

Every delegate to the convention shall receive $10 for every day that delegate is in attendance at such convention, not exceeding 3, and in addition thereto, 10 cents for each mile necessarily travelled by the delegate in making 1 round trip from the place of that delegate’s residence to Dover. The president, secretary and other officers shall receive such compensation as may be fixed by the convention not in excess of $25 for any such officer, in addition to their compensation as such delegates. Disbursements for the purposes mentioned in this and for other necessary expenses of the convention, when approved by the convention and signed by the president, shall be paid by the State Treasurer out of any moneys not otherwise appropriated. The expenses of holding a special election shall be borne as provided by law for the holding of a general election.
15 Del. C. § 5944 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5944
§ Â
        5944. Circumstances under which contestant need not claim to have been elected.
Status: in_force

When an election is contested because of alleged malconduct of the election officers holding the election or because the person whose right to office is contested was not eligible for such office, a proceeding may be instituted under this chapter against such person by the person who received the next highest number of votes for the office at the election under which such ineligible person was declared elected, notwithstanding the person so contesting the election does not claim to have been elected.
15 Del. C. § 4741 — Delaware Code / Title 15 / Chapter 47 / Subchapter II / Section 4741
§ Â
        4741. Training election officers.
Status: in_force

(a) The Department shall train the appointed election officers on their duties for each election conducted in accordance with this title. This training shall include instruction on applicable election law, the proper conduct of the election and operation of the voting machines.

(b) The Department shall prior to the day of the election file a report with the State Election Commissioner stating the number of election officers who were trained for the election. This report shall be a public record.
15 Del. C. § 5609A — Delaware Code / Title 15 / Chapter 56A / Section 5609A
§ Â
        5609A. Time limit for return of ballot; late ballots [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

(a) The Department shall record the date and time of receipt on the ballot envelope of each mail ballot received.

(b) For a mail ballot to be counted under this chapter, the elector shall return the elector’s marked ballot to the Department before the polls close on the day of the election.

(c) The Department shall retain unopened any ballot envelope received after the polls close on the day of the election 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. § 5928 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5928
§ Â
        5928. Certification by Superior Court.
Status: in_force

The Superior Court, after hearing any contest of election of an elector or electors, shall make out and certify under the seal of the Court the ascertainment of the vote of the State for electors, and also certify the names of the persons chosen as electors, and cause such ascertainment and certificate, together with all the papers and certificates filed in the case, to be delivered to the Governor on or before January 1 next succeeding the day of the election at which electors were chosen.
15 Del. C. § 5001A — Delaware Code / Title 15 / Chapter 50A / Section 5001A
§ Â
        5001A. Requirements.
Status: repealed

(a) An electronic voting system may be adopted, purchased, or used if it meets all of the following requirements:

(1) Each voting device must have a serial number permanently attached to or stamped to the device.

(2) Secure to the voter secrecy in the act of voting for or against as many questions as may be submitted.

(3) Permit the voter to vote for the candidates of 1 or more parties, or to write in the name or candidate of the voter’s choice for any office.

(4) Permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, and the automatic tabulating equipment used in such electronic voting systems shall reject choices recorded on any ballot card or any voting device if the number of such choices exceeds the number to which a voter is entitled.

(5) Prevent the voter from voting for the same person more than once for the same office.

(6) Permit the voter to vote for or against any question the voter may have the right to vote upon, but no other.

(7) Permit each voter in primary elections to vote only for the candidates of the party with which the voter has declared that voter’s own affiliation, and preclude the voter from voting for any candidate seeking nomination by any other political party.

(8) Correctly record and accurately count all votes cast for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by votes.

(9) Be provided with means for sealing the vote recording devices to prevent its use and to prevent tampering with ballot labels, both before and after the polls are open or before the operation of the vote recording device for any election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed.

(10) [Repealed.]

(11) Be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch or other action; however, it shall be provided with a device or method for each party, for voting for all presidential electors of that party by 1 mark, punch or other action.

(b) All voting devices used in any election must be provided with side curtains and front shield to ensure that no person can see or know for whom any voter has voted or is voting.

(c) A voting device or system purchased by the State must be certified by the United States Election Assistance Commission, or designated federal authority, as meeting or exceeding the voluntary voting systems standards or guidelines as promulgated by the United States Election Assistance Commission, or designated federal authority, before delivery to and acceptance by the State.

(d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.
15 Del. C. § 2013 — Delaware Code / Title 15 / Chapter 20 / Subchapter II / Section 2013
§ Â
        2013. Duties of Department following registration.
Status: repealed

(a) After the registration officer delivers the registration records to the Department following each registration day, the Department shall first check the record by the registration number of the registration records to ascertain whether all the records supplied have been returned to the Department. If the Department is satisfied that all records have been returned, it shall file and retain the records for not less than 1 year. If all the records have not been returned, the Department shall notify the Attorney General, who may take appropriate action.

(b) The Department shall then take the applications for registration which have been completed, and signed or marked by the applicant and the registration officers, and examine them for completeness, legibility and eligibility. If the Department is satisfied that the application is complete and legible and that the applicant’s name does not appear on the list of disqualified voters and that the applicant is qualified to be registered, the Department shall take the necessary steps to add the person to the list of registered voters.

(c) [Repealed.]
15 Del. C. § 5139 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5139
§ Â
        5139. Interference with election officer or challenger; penalty.
Status: in_force

Whoever:

(1) Knowingly or wilfully obstructs, hinders, assaults or by bribery, solicitation or otherwise interferes with any election officer or challenger in the performance of any duty required of that election officer or challenger or which that election officer or challenger may by law be authorized or permitted to perform; or

(2) By any means before mentioned or otherwise unlawfully on the day of election hinders or prevents any election officer or challenger in that election officer’s or challenger’s free attendance and presence at the place of election in the election district in which that election officer or challenger is appointed to serve, or in that election officer’s or challenger’s full and free access and egress to and from any such place of election, or molests, interferes with, removes or ejects from any such place of election any such election officer or challenger, or unlawfully threatens or attempts or offers so to do,

shall be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 2039 — Delaware Code / Title 15 / Chapter 20 / Subchapter V / Section 2039
§ Â
        2039. Registration applications that update a registrantâs record.
Status: in_force

Notwithstanding any other provision in this title, the Department may process registration applications that change a registrant’s address or name until the day of any presidential primary, primary, special, or general election.
15 Del. C. § 1904 — Delaware Code / Title 15 / Chapter 19 / Section 1904
§ Â
        1904. Special registration and other election services to uniformed service members.
Status: in_force

(a) The Department shall upon request from the appropriate authority assist members of the State’s National Guard and members of reserve units headquartered in the State of Delaware to register to vote and to apply for absentee ballots. The Department shall also, where possible, assist any other member of a uniformed service present in the State of Delaware to register to vote and to apply for an absentee ballot from their home state.

(b) Services to a person not eligible to register to vote in the State of Delaware shall be limited to providing the appropriate application, assisting in the completion of that application and advising the person on deadlines, that person’s rights, and points of contact in the state in which that person is domiciled.

(c) Notwithstanding any other provision in this title, citizens of the State of Delaware who are scheduled to be deployed within 7 days of the day of a primary or general election and who are registered voters in the State of Delaware shall upon presentation of military orders be issued an absentee ballot and be permitted to vote by absentee ballot at any office of the Department prior to closing of the polls on the day of the election. If it is not possible to issue the person the ballot for that person’s election district, a special ballot containing federal and statewide offices only shall be issued.
15 Del. C. § 5301 — Delaware Code / Title 15 / Chapter 53 / Section 5301
§ Â
        5301. Bringing armed soldiers into State to interfere with elections; penalty.
Status: in_force

Whoever, being a citizen or inhabitant of this State:

(1) Sends or causes to be sent, brings or causes to be brought into this State, or aids, abets, procures, advises, counsels or in any manner assists in sending or bringing into this State any armed soldier to be present at any voting place in this State or within 5 miles thereof, on the day of any general, special or other election held in this State; or

(2) Aids, abets, procures, advises, counsels or in any manner assists the presence or attendance of any armed soldier at any such voting place, or within 5 miles thereof, on any such election day,

shall be guilty of a felony, and shall be fined not less than $1,000 nor more than $10,000, and imprisoned not less than 1 nor more than 5 years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
15 Del. C. § 4943 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4943
§ Â
        4943. Voting assistance based on blindness, disability, or illiteracy; instructions for voters.
Status: in_force

(a) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.

(b) Any election officer may provide instruction or information for a voter through use of 1 of the sample ballots posted in the voting room.

(c) Whenever a voter requests further instructions in the manner of voting or the operation of the voting machine after having entered the voting machine booth, 2 election officers of opposite political parties shall jointly give such instructions. In doing so, the officers shall take care not to assist the voter in any manner that might influence that voter’s vote. After giving instructions, both officers shall retire before the voter begins to register that voter’s vote, which the voter shall do in secret at all times.
15 Del. C. § 4936 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4936
§ Â
        4936. Order of voting; determination of challenge.
Status: in_force

Voters shall approach and enter the passage in the order in which they appear for the purpose of voting. If any person offering to vote is challenged by 1 of the challengers or by any 1 of the election officers, such person’s right to vote shall be immediately determined in accordance with this title. If such person’s vote is refused, that person shall be offered the right to vote by provisional ballot. If the person refuses to vote by provisional ballot, that person shall immediately stand aside, give place to the person next in line and leave the polling place.
15 Del. C. § 5504 — Delaware Code / Title 15 / Chapter 55 / Section 5504
§ Â
        5504. Distribution of ballots, envelopes, and instructions; envelope specifications; pre-paid postage.
Status: in_force

(a) Upon receipt of a statement from an elector pursuant to § 5503 of this title, the Department shall process the same and confirm that the elector qualifies for an absentee ballot pursuant to § 5502 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 Department shall mail, to each elector who requests and qualifies for an absentee ballot pursuant to § 5502 of this title, the following:

(1) An absentee ballot for the election district in which the elector resides;

(2) Instructions for completing the absentee ballot and returning it to the Department, 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 envelope containing the completed absentee ballot; and

c. Addressed for return to the Department.

(c) Postage for all mailings made pursuant to this subsection shall be pre-paid by the Department.

(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. § 3003 — Delaware Code / Title 15 / Chapter 30 / Section 3003
§ Â
        3003. County ballots.
Status: in_force

The Department shall not list a political party on any ballot within the county unless at least 1 candidate for that political party qualifies to appear on at least 1 ballot in the county.
15 Del. C. § 7540 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7540
§ Â
        7540. Date for election.
Status: in_force

(a) Upon the enactment of a county ordinance pursuant to § 101A(a)(2)c. of Title 22, for a proposed annexation of territory by the City of Wilmington, and its approval by the County Executive pursuant to § 101A(a)(2)d. of Title 22, the County Council, by resolution, shall fix a date for the special election required by § 101A(a)(2)e. of Title 22, at which all voters qualified under § 7543 of this title may vote, on the question whether the proposed annexation should be approved.

(b) The special election shall be held not less than 30 days nor more than 60 days after the date of approval of the county ordinance enacted pursuant to § 101A(a)(2)c. of Title 22.
15 Del. C. § 4329 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4329
§ Â
        4329. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
15 Del. C. § 4103 — Delaware Code / Title 15 / Chapter 41 / Section 4103
§ Â
        4103. Division of election districts.
Status: in_force

(a) The Department may divide such of the election districts, and such only, as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each election district so divided shall be at all times wholly within boundaries of 1 representative district.

(b) The Department shall designate each election district by an appropriate title that will distinguish it from every other election district.

(c) The division of election districts shall be made at any time after a general election is held and before March 1 of the next succeeding general election year.
15 Del. C. § 3166 — Delaware Code / Title 15 / Chapter 31 / Subchapter IV / Section 3166
§ Â
        3166. Illegal election conduct; general penalties.
Status: in_force

(a) Whoever, at any primary election:

(1) Falsely personates any elector or other person and votes or attempts to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not that person’s own; or

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

(3) Votes in any other primary election district than the 1 in which that person is a bona fide resident; or

(4) Votes or attempts to vote more than 1 ballot at any primary election district; or

(5) Solicits from any candidate or from any other person or receives, directly or indirectly from such candidate or from any other person, any money, or promise of place or position, or any valuable consideration of any kind, for that person’s vote or support; or

(6) Not being entitled thereto, votes or attempts or offers to vote in any primary election district; or

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

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

(9) By force, threat, menace, intimidation, bribery or reward or offer to or promise thereof, or otherwise unlawfully either directly or indirectly, influences or attempts to influence any elector in giving that person’s vote; or

(10) Promises any place or position for the purpose of securing any voter’s support; or

(11) Prevents or hinders or attempts to prevent or hinder any qualified voter from freely exercising the rights of suffrage; or

(12) By any such means induces or attempts to induce any such voter to refuse to exercise any such right; or

(13) By any such means or otherwise compels or induces or attempts to compel or induce any inspector of any primary election or other officer of any primary election to receive the vote of any person not legally qualified or entitled to vote at the primary election in such district; or

(14) Knowingly, wilfully or fraudulently interferes with, delays or hinders in any manner any inspector of any primary election, clerk or other officer of such election in the discharge of such officer’s duty; or

(15) By any such means or other unlawful means, knowingly, wilfully or fraudulently counsels, advises, induces or attempts to induce any inspector of any primary election, clerk or other officer of any primary election, whose duty it is to ascertain, proclaim, announce or declare the result of any such primary election or to give or make any certificate, document, report, return or other evidence in relation thereto, to refuse or neglect to comply with such officer’s duty or to violate any law regulating the same, or to receive the vote of any person in any primary election district not entitled to vote therein or to refuse to receive the vote of any person entitled to vote therein; or

(16) Aids, counsels or advises, procures or assists any voter, person or inspector of any primary election or other officer of such primary election to do any act by law forbidden, or in this chapter constituted an offense, or to omit to do any act by law directed to be done;

shall, when not in this chapter otherwise particularly specified, for each offense be fined not more than $200 or imprisoned not more than 2 years, or both.

(b) Whoever votes at the primary election of more than 1 political party before any 1 general election shall be punished as provided in subsection (a) of this section.

(c) Any act or deed declared an offense by the general laws of this State concerning elections and not in this section particularly mentioned shall also be an offense in all primary elections, and shall be punished in the same form and manner as is provided for the punishment of similar offenses by the general laws; and all the penalties and provisions of the general laws shall apply in such case with equal force and shall be as effective as though fully set out in this chapter.
15 Del. C. § 1903 — Delaware Code / Title 15 / Chapter 19 / Section 1903
§ Â
        1903. Late registration procedures for military and overseas citizens.
Status: in_force

A citizen who has been discharged or separated from a uniformed service, the Merchant Marine or from employment outside of the territorial limits of the United States too late to register to vote for a primary or general election but within 60 days of the date of a primary or general election, shall be entitled to register to vote for the purpose of voting in that and ensuing primary or general elections after presenting documentation of that individual’s discharge, separation or termination of employment to the Department up to and including the date of the election. This also applies to any accompanying family members who are otherwise eligible to register to vote.
15 Del. C. § 8002 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8002
§ Â
        8002. Definitions.
Status: in_force

As used in this chapter:

(1) “Candidate” means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in that person’s behalf.

(2) “Candidate committee” means each political committee formed on behalf of a candidate for public office.

(3) “Cash” includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their face the true name of the contributor.

(4) “Chapter” includes, in addition to the provisions of this chapter, the rules and regulations made by the Commissioner.

(5) “Clearly identified candidate” means that the name, a photograph or a drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference.

(6) “Commissioner” means the State Election Commissioner, or the designee of the Commissioner.

(7) “Communications media” means television, radio, newspaper or other periodical, sign, Internet, mail or telephone.

(8) “Contribution” means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:

a. Gift, subscription, advance, deposit, expenditure or transfer of any thing of value;

b. Discount or rebate not available to the general public (except a party’s abatement or refund of a filing fee otherwise required under § 3103 of this title);

c. Loan (except a loan of money by a national or state bank, building and loan association or licensed lender made in the ordinary course of business);

d. Purchase of tickets, goods or services sold to raise funds for a campaign, whether or not the tickets, goods or services are used by the buyer;

e. Forgiveness of indebtedness or payment of indebtedness by another person;

f. Service or use of property without full payment therefor (except the contribution of services by an individual, the use of an individual’s residence, the contribution of such items as invitations, food and beverages by an individual volunteering personal services or the individual’s residence, or the use of the telephone equipment of any person); or

g. Any other thing of value (except an independent expenditure).

(9) “Election” means the action by qualified voters of the State either to nominate by vote a candidate for public office or to select a candidate to fill a public office, whether in a primary, general or special election.

(10) a. “Electioneering communication” means a communication by any individual or other person (other than a candidate committee or a political party) that:

1. Refers to a clearly identified candidate; and

2. Is publicly distributed within 30 days before a primary election or special election, or 60 days before a general election to an audience that includes members of the electorate for the office sought by such candidate. For purposes of this section, the term “general election” shall include any annual election for 1 or more members of a school board pursuant to § 1072(c) of Title 14.

b. “Electioneering communication” does not include:

1. A communication distributed by a means other than by any communications media;

2. Any membership communication;

3. A communication appearing in a news article, editorial, opinion, or commentary, provided that such communication is not distributed via any communications media owned or controlled by any candidate, political committee or the person purchasing such communication;

4. A communication made in any candidate debate or forum, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

(11) “Election period” means:

a. For a candidate committee:

1. For a candidate for reelection to an office to which the candidate was elected in the most recent election held therefor, the period beginning on January 1 immediately after the most recent such election, and ending on the December 31 immediately after the general election at which the candidate seeks reelection to the office.

2. For a candidate for reelection to an office which the candidate attained since the last election held therefor (whether the candidate attained the office by succession, appointment or otherwise), the period beginning on the day the candidate succeeded to or was appointed to the office, and ending on the December 31 immediately after the general election at which the candidate seeks reelection to the office.

3. For a candidate for election to an office which the candidate does not hold, the period beginning on the day on which the candidate first receives any contribution from any person (other than from the candidate or from the candidate’s spouse) in support of that candidate’s candidacy for the office, and ending on the December 31 immediately after the general election at which the candidate seeks election to the office.

4. Notwithstanding the foregoing, for purposes of the limitations under § 8010 of this title on contributions for a candidate in a general election who was nominated for such office in a primary election, the election period shall end on the day of the primary and the next election period shall begin on the day after the primary.

b. For a political party and for a political action committee, the period beginning on the January 1 immediately after a general election, and ending on the December 31 immediately after the next general election.

c. For a candidate committee for a person who does not hold public office and who has not taken action necessary under the law to qualify for nomination or election under the laws of the State, the period beginning on the date the first contribution is received or expenditure is made by the committee and ending on the fourth December 31 following such date; provided, however, that if such person takes action necessary under the law to qualify for nomination or election under the laws of the State, the period shall be determined under paragraph (11)a. of this section.

d. For a person who makes an expenditure for a third-party advertisement, the election period shall begin and end at the same time as that of the candidate identified in such advertisement, without regard to paragraph (11)a.4. of this section.

(12) “Expenditure” means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist in the election of any candidate or in connection with any election campaign.

(13) “Independent expenditure” means any expenditure made by any individual or other person (other than a candidate committee or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate or any committee or agent of such candidate. An expenditure shall constitute an expenditure in coordination, consultation or concert with a candidate and shall not constitute an independent expenditure where:

a. There is any arrangement, coordination or direction with respect to the expenditure between the candidate or the candidate’s agent and the person (including any officer, director, employee or agent of such person) making the expenditure;

b. The person making the expenditure (including any officer, director, employee or agent of such person) has advised or counseled the candidate or the candidate’s agents on the candidate’s plans, projects or needs relating to the candidate’s pursuit of nomination or election, in the same election period, including any advice relating to the candidate’s decision to seek office; or

c. The expenditure is based on information provided to the person making the expenditure directly or indirectly by the candidate or the candidate’s agents about the candidate’s plans, projects or needs; provided, that the candidate or the candidate’s agent is aware that the other person has made or is planning to make expenditures advocating the candidate’s election.

(14) “Mailing address” means a physical mailing address, and shall not include a post office box.

(15) “Membership communication” means a newsletter or periodical, telephone call, or any other communication distributed solely to the members, shareholders, or employees of an organization or institution.

(16) “Officer” means:

a. If used with respect to a corporation, a natural person appointed or designated as an officer of such corporation by or pursuant to applicable law or the certificate of incorporation or bylaws of such corporation, or a person who performs with respect to such corporation functions usually performed by an officer of a corporation. Without limitation of the foregoing, the term “officer” shall include the president, vice president, treasurer, secretary, chief executive officer, chief operating officer or chief financial officer of such corporation, or their respective equivalents; and

b. If used with respect to an entity other than a natural person or a corporation, a natural person who performs functions usually performed by an officer of a corporation with respect to such entity.

(17) “Person” includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature.

(18) “Political action committee” means a political committee which is neither a political party nor a candidate committee.

(19) “Political committee” means:

a. Any organization or association, whether permanent or created for the purposes of a specific political campaign, which accepts contributions from or makes expenditures to any candidate, candidate committee or political party in an aggregate amount in excess of $500 during an election period, not including independent expenditures; and

b. All political parties and candidate committees.

(20) “Political party” means an organization eligible to be listed on any general election ballot under § 3001 of this title, or any other organization which desires to be listed on any ballot on any election, and any constituent part of such party which receives contributions and makes expenditures. For purposes of the contribution limits of subchapter II of this chapter, a “political party” includes all constituent parts of such party, including the statewide, county, regional, municipal and district committees, all finance committees and all other committees, subdivisions and organizations related to the political party.

(21) “Publicly distributed” means aired, broadcast, delivered or otherwise disseminated to members of the public.

(22) “Public office” means an office of this State or any political subdivision thereof which is required by law to be determined by an election.

(23) “Responsible party” means any natural person who shares or exercises discretion or control over the activities of any entity required to file reports in accordance with this chapter, and shall include any officer, director, partner, proprietor or other natural person who exercises discretion or control over the activities of such entity.

(24) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with Title 14.

(25) “Sign” means any outdoor billboard, panel or similar display having an area of at least 3 square feet.

(26) “Special election” means:

a. For a school board, any election for 1 or more school board members other than the annual election of members pursuant to § 1072(c) of Title 14.

b. For any other public office, an election other than a primary or general election to fill a vacancy for public office, created by reason of failure to elect, ineligibility, death, resignation or otherwise, for which there is more than 1 candidate.

(27) “Third-party advertisement” means an independent expenditure or an electioneering communication.

(28) “Treasurer” means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.
15 Del. C. § 4304A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4304A
§ Â
        4304A. Article IV; other provisions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

(a) This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.

(b) Any member state may withdraw from this agreement, except that a withdrawal occurring 6 months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term.

(c) The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official’s state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.

(d) This agreement terminates if the electoral college is abolished.

(e) If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
15 Del. C. § 4102 — Delaware Code / Title 15 / Chapter 41 / Section 4102
§ Â
        4102. Election districts; boundaries.
Status: in_force

The boundaries of the election districts in each county shall be established and designated by the department of elections for the county, subject to the limitations in this chapter.
15 Del. C. § 8001 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8001
§ Â
        8001. Purpose.
Status: in_force

The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this law.
15 Del. C. § 2108 — Delaware Code / Title 15 / Chapter 21 / Section 2108
§ Â
        2108. Duty of registration officers to attend appeals.
Status: in_force

The registration officers of an election district shall attend and be present at all hearings of which they had notice, before the court sitting for that purpose, of appeals which have been taken from their decision.
15 Del. C. § 211 — Delaware Code / Title 15 / Chapter 2 / Section 211
§ Â
        211. County directors, deputy county directors; powers, duties, qualifications, compensation.
Status: in_force

(a) For each county, the State Board of Elections shall appoint:

(1) A county director who shall be a member of the same political party as the State Election Commissioner and who shall serve at the pleasure of the Board;

(2) A deputy county director who shall be nominated and elected by the members of the Board of the opposite political party of the State Election Commissioner and who shall serve at the pleasure of same. In the nomination and election of a deputy county director, § 209 of this title shall not be applicable.

(b) Each county director shall assist the Department of Elections in carrying out its duties and responsibilities in the county for which the county director is appointed and, subject to the policies and directives of the Board, shall see to it that the work of the Department in such county is performed in a proper and nonpartisan manner.

(c) Each deputy county director shall assist the county director in the county for which such deputy county director is appointed.

(d) Each county director and deputy county director shall be a citizen of the United States and a qualified elector of the county in which he or she serves.

(e) The salary of each county director and deputy county director shall be as provided in the Budget Act and shall be uniform for each county.

(f) The county director and deputy county director of a county, if in agreement, may authorize a person to vote whose application to register to vote at the Division of Motor Vehicles was never completed as required elsewhere in this title. The person shall follow the procedures set forth by the State Election Commissioner prior to being permitted to vote.

(g) Notwithstanding any provision to the contrary herein, those persons who held the positions of director and deputy director, respectively, of each county department of elections immediately prior to July 1, 2015, shall assume automatically the position of county director and deputy county director, respectively, in the county for which he or she was appointed. Each initial county director and initial deputy county director shall be bound by and subject to the provisions of this section, and to this title generally, to the same extent as if he or she was appointed by the Board in accordance with this section.
15 Del. C. § 7101 — Delaware Code / Title 15 / Chapter 71 / Section 7101
§ Â
        7101. Vacancies in General Assembly; writs of election.
Status: in_force

Whenever there is a vacancy in either house of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, within 10 days of the creation of the vacancy a writ of election shall be issued by the presiding officer of the house in which the vacancy exists, directed to the Department or, in case of necessity, in such other manner as shall be provided by law. Whenever there is such vacancy in either house and the General Assembly is not in session, the Governor may issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either house in case of vacancy.
15 Del. C. § 2032 — Delaware Code / Title 15 / Chapter 20 / Subchapter IV / Section 2032
§ Â
        2032. Duties of department following receipt of mail registration forms.
Status: repealed

(a) Upon receipt, all mail registration forms shall be date-stamped by the department.

(b) A verification inquiry shall be conducted where:

(1) The applicant has neglected to sign the form;

(2) Information given on the form is incomplete;

(3) Information appears unclear or inconsistent; or

(4) The application appears to be a duplicate.

(c) If the information on the mail registration form appears to be a transfer of address, change of name by marriage or otherwise, or party affiliation change, the change shall be made by the department and the applicant shall be notified such change was made.

(d) [Repealed.]
15 Del. C. § 2105 — Delaware Code / Title 15 / Chapter 21 / Section 2105
§ Â
        2105. Affidavit of appellant.
Status: in_force

No appeal shall be received and acted upon by the court unless the appellant shall at the time of presenting that appellant’s appeal also make and file therewith an affidavit that notice of that appellant’s intention to present the appeal on the day was given to the Department or registration officers or both, and to the person affected by the appeal, and that such appeal is made in good faith and based upon facts within the knowledge of the person making and filing such affidavit.
15 Del. C. § 5145 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5145
§ Â
        5145. Use of deep fake technology to influence an election; penalty; injunctive relief.
Status: repealed

(a) As used in this section:

(1) “Candidate” means as defined in § 8002 of this title.

(2) “Deep fake” means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter, and where 1 or both of the following applies:

a. The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur in reality.

b. The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

(3) “Depicted individual” means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

(4) “Synthetic media” means an image, an audio recording, or a video recording of an individual’s appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.

(b) Except as provided in subsections (c) and (d) of this section, it is unlawful for a person to distribute a deep fake or enter into a contract or other agreement to distribute a deep fake if the person knows or reasonably should know that the item being distributed is a deep fake and the following elements are present:

(1) The distribution takes place within 90 days before an election.

(2) The distribution is made without the consent of the depicted individual.

(c) (1) It is not a violation of subsection (b) of this section if the synthetic media includes a disclosure stating: “This (image/video/audio) has been altered or artificially generated.”

(2) For visual media, the text of the disclosure must appear in a size easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media is a video, the disclosure must appear for the duration of the video.

(3) For audio-only media, if no visual disclosure is feasible, the disclosure must be read in a clearly-spoken manner and in a pitch that can be easily understood by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not more than 2 minutes each.

(d) The prohibition in subsection (b) of this section does not apply to any of the following:

(1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, mobile application, internet website, or streaming platform that broadcasts a deceptive and fraudulent deepfake prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially-deceptive audio or visual media, or in cases where federal law requires broadcasters to air advertisements from legally-qualified candidates.

(2) [Repealed.]

(3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially-deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially-deceptive audio or visual media does not accurately represent the speech or conduct of the depicted individual.

(4) Materially-deceptive audio or visual media that constitutes satire or parody.

(e) (1) This section does not restrict the ability of a person to detect, prevent, respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or deceptive activity, illegal activity or to preserve the integrity or security of systems or investigate, report, or prosecute those responsible for any such action.

(2) This section must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. § 230. Nothing in this section may be construed to impose liability on an “interactive computer service,” as defined in the Communications Decency Act of 1996, 47 U.S.C. § 230(f)(2), or an “information service” or “telecommunications service,” as defined in 47 U.S.C. §  153, for content provided by another person.)

(f) (1) A violation of subsection (b) of this section is a class B misdemeanor, except as set forth in paragraphs (f)(2) and (3) of this section.

(2) A violation of subsection (b) of this section is a class A misdemeanor if the person commits the violation with the intent to cause violence or bodily harm.

(3) A violation of subsection (b) of this this section is a class A misdemeanor if a person commits the violation within 5 years of 1 or more prior convictions under this section.

(g) A candidate depicted in a deep fake in violation of subsection (b) of this section may bring an expedited action for injunctive relief and damages in the Court of Chancery. The Court may also award a prevailing party reasonable attorneys’ fees and costs.
15 Del. C. § 5702 — Delaware Code / Title 15 / Chapter 57 / Section 5702
§ Â
        5702. Duties of Court.
Status: in_force

(a) Whenever the voting machine recording tapes, voting machine certificates, absentee vote tally sheets, write-in vote tally sheets and absentee ballot box for any election district are not produced when the Court convenes or whenever any voting machine is not available by 12:00 noon, the Court may issue summary process against the election officers of such election district or any other persons to bring such documents or objects forthwith into the Court or to make them available for inspection by the Court.

(b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any such document, or if fraud, mistake or omission is apparent on the face of such document, the Court shall:

(1) Open and examine the necessary voting machines and/or absentee ballot boxes;

(2) Make a recount of the votes contained therein;

(3) Correct any fraud, mistake or omission in any document or paper relating to the election.

(c) Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest.

(d) The Court shall also receive from the Department a report of the number of absentee ballots delivered to each election district, from which it shall determine and make certain that all these ballots are recorded on the absentee vote tally sheets for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected.

(e) If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense.
15 Del. C. § 5949 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5949
§ Â
        5949. Dismissal of proceedings.
Status: in_force

The Court may dismiss the proceedings if the statement of the cause or causes of contest do not conform to the requirements set forth in this subchapter or for want of prosecution.
15 Del. C. § 7543 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7543
§ Â
        7543. Qualified voters; voting list.
Status: in_force

(a) The following shall be considered qualified voters for a special election held with respect to an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington and shall be entitled to vote in such election as provided herein:

(1) Every person 18 years of age or older who at least 30 days prior to the date of the special election is a duly registered voter in the election district or districts of the County in which the territory is located, and who resides in said territory, shall be entitled to 1 vote each.

(2) Unless already qualified to vote under paragraph (a)(1) of this section and subject to subsection (b) of this section each owner of a parcel of real estate located in the territory, as evidenced by the assessment records of the County, shall be entitled to 1 vote each. Corporations, limited partnerships or other entities which own real estate in the territory shall be entitled to 1 vote each under this subsection, which right to vote shall be permitted by the judge of the election at the special election upon receipt of a sealed, certified copy of a corporate resolution passed by the governing body of the corporation, or the equivalent of such resolution of the entity involved, authorizing an officer, agent or other person to vote on behalf of the entity at the special election.

(3) Unless already qualified to vote under paragraph (a)(1) or (2) of this section, each holder of a then-current leasehold interest in a parcel in the territory, as evidenced by a certified copy of the lease reflecting that interest submitted to the judge of the election at the time of the special election, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (a)(1) or (2) of this section, as the case may be.

(4) Unless already qualified to vote under paragraph (a)(1), (2) or (3) of this section, each person, corporation, limited partnership or other entity, who in the determination of the judge of the election is qualified to vote under the provisions of subsection (b) of this section, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (a)(1) or (2) of this section, as the case may be.

(5) In no event shall any person, corporation, limited partnership or other entity, or any holder of a leasehold interest, who or which is qualified to vote under this section, be entitled to more than 1 vote in such special election.

(b) Not less than 14 days prior to the special election, the Clerk of the Peace shall prepare from the books and records of the county Board of Assessment a list of the real estate owners of each parcel of the territory for which the special election is to be held. In addition, not less than 21 days prior to the special election the Department of Elections shall provide the Clerk of the Peace with a current list of registered voters in the election district or districts in which the territory is located, who reside in the territory. From the 2 lists prepared pursuant to this subsection the Clerk of the Peace shall compile the voting list of the qualified voters for the special election. The voting list shall be evidence of the right of qualified voters to vote in the special election, except as hereinafter provided:

(1) Real estate owners who sold their property or properties in the territory prior to the date of the special election shall not be permitted to vote but the then owners of the property or properties shall be entitled to vote in their place and stead upon furnishing the judge of the election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded; provided, however, that if the new owner is a corporation, limited partnership or other entity, the new owner must also comply with the provisions of paragraph (a)(2) of this section;

(2) Any person claiming the right to vote at the election as an heir of any real estate owner in the territory who has died since the preparation of the voting list, or as trustee or guardian under the terms of the last will and testament of such real estate owner (who has died since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person’s ownership of, or interest in, the property of such real estate owner, and shall thereupon be permitted to vote as if qualified under paragraph (a)(2) of this section; or

(3) Each person, corporation, limited partnership or other entity qualified to vote in the special election pursuant to paragraph (a)(3) of this section shall be permitted to vote despite their absence from the voting list prepared by the Clerk of the Peace.
15 Del. C. § 5309 — Delaware Code / Title 15 / Chapter 53 / Section 5309
§ Â
        5309. Procedure in case of military interference with board of canvass.
Status: in_force

If it is apparent to the Court sitting as board of canvass that any interference with the performance of its duties will be attempted by military force, or if, after it has met, any such interference is attempted, it may meet at any other place within its county to perform its duties. And further, if any member of the Court, or any such inspector created by virtue of this title, or any inspector of election, is prevented, by reason of such interference from attending the meeting of the Court, or if the Court, being met, shall be prevented by such interference from performing the duties incumbent on it, the Court shall adjourn to meet at some other time and other place, if necessary, to perform its duties under the laws of this State, and so adjourn from time to time until such duties can be performed. The duty of attendance upon the Court on the part of such an inspector created by authority of this chapter, and the penalties upon such inspector for not appearing shall be the same as in the case of the inspectors regularly elected or appointed according to law.
15 Del. C. § 4904 — Delaware Code / Title 15 / Chapter 49 / Subchapter I / Section 4904
§ Â
        4904. Oath at polling place before opening an election.
Status: in_force

Before opening the election, the inspector, judges, clerks and any other appointed election officers shall subscribe to the following oath:

“I do solemnly swear (or affirm) that in the election to be held on the ________________ day of ________________________________ A. D. ________________ I will not knowingly or willfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such election, or any other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conduct of the election, I shall disclose the same to the Department of Elections that is conducting the election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”
15 Del. C. § 7103 — Delaware Code / Title 15 / Chapter 71 / Section 7103
§ Â
        7103. Candidates.
Status: in_force

(a) The county committee for each political party eligible to place candidates on the general election ballot for the most recent past general election may nominate a candidate for the special election by submitting a nomination to the Department office conducting the special election no later than 25 days before the date of the special election. If the legislative district up for election includes the area of more than 1 county, the county committees for each county shall agree on 1 candidate and the committee for the county where the candidate resides shall submit the nomination to the Department office conducting the special election.

(b) A person wishing to run as an unaffiliated candidate who is eligible to hold the office up for election must file a petition in support of that person’s own candidacy containing the signatures of at least 1% of all voters who are registered in the legislative district as of the first day of the month preceding the month during which the vacancy was created. The person must file the petition with the Department office conducting the special election no later than 25 days before the day of the special election.

(c) If a party eligible to place candidates on the ballot does not have a county committee in the county in which the special election is to be held, the party’s state committee may make the nomination.

(d) Any candidate for a vacancy in either house of the General Assembly must request a criminal history background check no earlier than 90 days before the candidate filing deadline and no less than 25 days before the special election from the State Bureau of Identification and provide proof of the request before they can be nominated as a candidate or file a petition as a candidate under subsection (a) and (b) of this section.

(1) A candidate who is nominated under subsection (a) of this section or files a petition 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 (d)(5) of this section.

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

(3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record as defined in 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 a minimum of 15 days before the special election that a candidate is qualified under § 21 of Article II of the Delaware Constitution before a candidate’s name may be listed on a special election ballot.

(e) Nominating certificates shall be in writing and, in each case, shall contain the name of each person nominated, the person’s residence and the office for which the person is nominated. The chairperson for the party making such certificates shall add thereto the chairperson’s own signature and place of residence and shall acknowledge such certificate before an officer duly authorized to administer oaths, and a certificate of such acknowledgment shall be fixed to the instrument.

(f) Notwithstanding any other subsection of this section, nominations or petitions for a special election to be held on the date of the general election under the provisions of § 7102(b) of this title shall be filed no later than September 1 or 5 days following the vacancy, whichever is later, if the office is on the general election ballot, or on the date set by the Department if the election is to be held in December following the general election.
15 Del. C. § 1902 — Delaware Code / Title 15 / Chapter 19 / Section 1902
§ Â
        1902. Application by persons eligible to register to vote under the provisions of this chapter.
Status: in_force

(a) A citizen and permanent resident of the State of Delaware who maintains a residence in the State may submit a State of Delaware Voter Registration Application or any registration application promulgated by the federal government.

(b) A citizen eligible to vote under the provisions of this chapter who does not maintain a residence within the State of Delaware may register to vote by submitting a federal Post Card Application, federal Write-in Absentee Ballot, or any other registration application promulgated by the federal government under the provisions of the UOCAVA [52 U.S.C. § 20301 et seq.] as amended.

(c) The deadline for the Department to receive an application to register to vote under the provisions of this chapter is the third Monday prior to a primary or general election. Applications received after a deadline shall be held and processed on the first business day following that election.

(d) The Department shall accept electronic transmissions of signed registration applications specified in this section.

(e) The Department shall immediately notify any person whose application to register to vote was rejected and provide such person the reason or reasons for rejection and information on how to appeal the rejection.
15 Del. C. § 1702 — Delaware Code / Title 15 / Chapter 17 / Section 1702
§ Â
        1702. Removal of names by board of elections.
Status: repealed

(a) At any duly called meeting of the State Board of Elections, the Board may sit to consider the removal of names from any County Master Record in cases where there is a valid reason to believe a person is no longer a duly qualified elector in the election district in which that person is registered.

(b) The board shall afford the affected voter the full right to be heard at such meeting with the right of appeal in all cases, first giving notice as required by § 1711 of this title [repealed].
15 Del. C. § 212 — Delaware Code / Title 15 / Chapter 2 / Section 212
§ Â
        212. Office; equipment and supplies.
Status: in_force

The Department shall occupy a suitable and convenient office in the courthouse or public building of each county, or elsewhere in the county seat of each county, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out its duties.
15 Del. C. § 8007-8009 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8007-8009
§ ÂÂ
        8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.
Status: repealed

Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
15 Del. C. § 7550 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7550
§ Â
        7550. General.
Status: repealed

(a) Subchapters IV and V of this chapter shall not apply to elections for the City of Wilmington, referenda, or annexation elections.

(b) Provisions of municipal charters or ordinances inconsistent with the provisions of subchapters IV and V of this chapter shall be considered repealed.

(c) Municipalities shall conduct all elections for local office using voting machines that the Department of Elections shall provide.

(d) Where a deadline in subchapters IV and V of this chapter is a Saturday, Sunday or a holiday in the municipality, the deadline shall be the next day that is not a Saturday, Sunday or holiday in the municipality.

(e) Deadlines shall be no earlier than 4:30 p.m., local time.

(f) Municipalities shall not adopt any ordinance that is contrary to any of the provisions of subchapters IV and V of this chapter.

(g) Section 4972 of this title applies to subchapters IV and V of this chapter.

(h) The date and time of municipal elections, the offices up for election, and the terms of those offices shall be as provided in the municipality’s charter and/or ordinance, provided that, upon the request or concurrence of the municipality’s board of elections, the State Election Commissioner may, unless otherwise provided in the municipality’s charter and/or ordinance, cancel any municipal election the conduct of which is rendered impracticable due to severe inclement weather, acts of God or similar emergencies outside of the municipality’s control. Upon such cancellation, the municipality shall reschedule the election in accordance with § 7553 of this title and the term of any existing officeholder shall continue until the results of the rescheduled election are certified pursuant to § 7558 of this title.

(i) Municipalities shall enact ordinances to implement optional provisions of subchapters IV and V of this chapter at least 60 days prior to the date of the first election to which those provisions shall apply.

(j) The State Election Commissioner, in collaboration with the Departments of Elections county offices, shall promulgate the documents, forms, and envelopes required by subchapters IV and V of this chapter.

(k) A municipality shall contract with the Department office in the county where the municipality is located to conduct an election to elect members of the municipality’s government at least 60 days prior to the date of the election.

(l) A voter may ask a person or persons of that voter’s choice, who is not that voter’s employer or an agent of that voter’s employer or union, to assist that voter in voting.

(m) The term “Department of Elections” as used in subchapters IV and V of this chapter refers to the State Department of Elections.

(n) The State Election Commissioner, in collaboration with the Department offices, shall establish reasonable fees to cover the costs of services provided to municipalities. The initial schedule of fees must be established and published no later than December 31, 2010. The schedule must be reviewed, modified as necessary, and published anew no later than December 31 in every odd-numbered year.

(o) Except as expressly stated otherwise, the term “Board of Elections” as used in subchapters IV and V of this chapter refers to the applicable municipal board of elections.
15 Del. C. § 4325 — Delaware Code / Title 15 / Chapter 43 / Subchapter II / Section 4325
§ Â
        4325. Certification of electors.
Status: in_force

In submitting this State’s certificate of ascertainment as required by 3 U.S.C. § 5, the Governor shall certify this State’s electors and state in the certificate all of the following:

(1) That the electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy.

(2) That if a substitute elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of this State’s electors.
15 Del. C. § 5711 — Delaware Code / Title 15 / Chapter 57 / Section 5711
§ Â
        5711. Electors for President and Vice President; announcements and certifications of election [Effective unless Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for electors of President and Vice President of the United States, shall without delay examine the certificates and ascertain the electors chosen, and make known the same by proclamation, and cause notice of the elector’s election to be transmitted to each elector. The Governor shall also cause 3 lists of the names of the electors, duly made and certified, to be delivered to the electors, according to the Act of Congress in that behalf on or before the day appointed for their meeting.The Governor is the chief election official under § 4305A(3) of this title and shall, without delay, do all of the following to appoint the electors of President and Vice President of the United States:

(1) Examine the certificates under the seal of the Superior Court.

(2) Appoint electors under subchapter I of Chapter 43A of this title.

(3) Make known the appointment of electors by proclamation.

(4) Transmit notice of the elector’s election to each elector.

(5) Deliver 3 lists of the names of the electors, duly made and certified, to the electors, according to the Act of Congress in that behalf on or before the day appointed for their meeting.
15 Del. C. § 5708 — Delaware Code / Title 15 / Chapter 57 / Section 5708
§ Â
        5708. Tie vote; certificate.
Status: in_force

If, by reason of an equal number of votes having been cast for 2 or more persons for the office of Senator or Representative in the General Assembly, clerk of the peace, register of wills, recorder, levy court commissioner, receiver of taxes and county treasurer, sheriff, county executive or county council member, it appears to the Court that a vacancy will occur in the office, a certificate of such fact shall thereupon be made under the hands of the Court, and under its seal, which certificate shall be transmitted by the Court to the Governor, and such certificate shall be delivered as provided in § 5709 of this title.
15 Del. C. § 2003 — Delaware Code / Title 15 / Chapter 20 / Subchapter I / Section 2003
§ Â
        2003. Oath of office for registration officers.
Status: in_force

(a) Each person appointed under § 2001 of this title shall take and subscribe before the Department before beginning such person’s duties the following oath (or affirmation):

I, ________________________________________________________________, residing in ________________________________ election district of the representative district in ________________________ county, 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 registration officer in ________________________ county, according to the best of my ability.

(b) Any member of the State Board of Elections and any county director, deputy county director or other authorized agent of the Department may administer this oath (or affirmation).
15 Del. C. § 3108 — Delaware Code / Title 15 / Chapter 31 / Subchapter I / Section 3108
§ Â
        3108. Primary election districts; conduct of primary elections.
Status: in_force

The Department shall, at least 2 weeks before a primary election, determine and establish primary election districts, each of which shall consist of 1 or more entire election districts in the same representative district.

The Department and the election officers shall conduct the primary elections in the same way that general elections are conducted and in accordance with the applicable provisions of this title, except that the voting machines shall be operated so that the only buttons open to each voter shall be the buttons for candidates of the party of the voter’s party affiliation as shown by the voter’s original permanent registration record.

The primary election officers and clerks shall be chosen by the Department from among the election officers and clerks selected for the general election for the election district or districts contained in the primary election district, and for each such primary election district the election officers and clerks shall be divided as equally as possible between the 2 principal parties.
15 Del. C. § 5926 — Delaware Code / Title 15 / Chapter 59 / Subchapter II / Section 5926
§ Â
        5926. Subpoenas for witnesses.
Status: in_force

Where any contestant or person who has been declared elected and whose election is contested is desirous of obtaining testimony respecting a contested election, such person may apply to the Prothonotary of the Superior Court in Kent County, for a subpoena or subpoenas for summoning such witnesses as the contestant or person who has been declared elected may wish to appear before the special board of canvass at such time as shall be in the subpoenas designated. Such subpoena shall be directed to the sheriff of the county in which the witness or witnesses reside, and shall be served in the same manner as subpoenas for witnesses in civil cases are served. The sheriff to whom a subpoena may be directed shall make return of that sheriff’s service thereon to the special board of canvass on the first day of its meeting to hear the contest.
15 Del. C. § 4931 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4931
§ Â
        4931. Time and manner of opening election.
Status: in_force

The general election shall be opened in every election district at 7:00 in the morning, by the inspector making proclamation that the election is open.
15 Del. C. § 5402 — Delaware Code / Title 15 / Chapter 54 / Section 5402
§ Â
        5402. Early voting; designated locations.
Status: in_force

The State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an election.
15 Del. C. § 2110 — Delaware Code / Title 15 / Chapter 21 / Section 2110
§ Â
        2110. Order by court.
Status: in_force

The court hearing any appeal shall order and direct the Department to make such entries in the registration records as the law and the facts shall warrant.
15 Del. C. § 4108 — Delaware Code / Title 15 / Chapter 41 / Section 4108
§ Â
        4108. Candidates for election.
Status: in_force

For state and/or county offices, no person shall simultaneously be a candidate for election to 2 or more different offices, nor may a person simultaneously be a candidate for election for 2 or more different political parties.
15 Del. C. § 5407 — Delaware Code / Title 15 / Chapter 54 / Section 5407
§ Â
        5407. Tabulation of early voting ballots.
Status: in_force

Early voting ballots must be tabulated at the same time as absentee ballots.
15 Del. C. § 4302A — Delaware Code / Title 15 / Chapter 43A / Subchapter I / Section 4302A
§ Â
        4302A. Article II; right of the people in member states to vote for President and Vice President [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, Â 6].
Status: in_force

Each member state shall conduct a statewide popular election for President and Vice President of the United States.
15 Del. C. § 5138 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5138
§ Â
        5138. Breach of peace or violence on election day; penalty.
Status: in_force

Whoever on any day of election or during the reading and counting of the votes cast thereat causes any breach of the peace or uses any violence or threats of violence whereby any such election or reading and counting of ballots is impeded or hindered or whereby the lawful proceedings of election officers or challengers at such election are interfered with shall be fined not more than $200 or imprisoned not more than 2 years, or both.
15 Del. C. § 1711 — Delaware Code / Title 15 / Chapter 17 / Section 1711
§ Â
        1711. Notice by registered or certified mail.
Status: repealed

Repealed by 75 Del Laws, c. 232, § 18, effective Feb. 1, 2006.
15 Del. C. § 8010 — Delaware Code / Title 15 / Chapter 80 / Subchapter II / Section 8010
§ Â
        8010. Contribution limits for candidates.
Status: in_force

(a) No person (other than a political party) shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of such person’s contributions to or in support of such candidate to exceed, with respect to a statewide election, $1,200 during an election period, or with respect to any election that is not statewide, $600 during an election period.

(b) No political party shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of contributions from any political party to or in support of a candidate in an election period of such candidate to exceed, for the following offices:

(1) Governor: $75,000;

(2) All other State-wide offices: $25,000;

(3) N.C.C. Executives: $25,000;

(4) N.C.C. President: $15,000;

(5) All other county offices: $5,000;

(6) State Senate: $5,000;

(7) State House of Representatives: $3,000;

(8) All other offices: $3,000.
15 Del. C. § 5902 — Delaware Code / Title 15 / Chapter 59 / Subchapter I / Section 5902
§ Â
        5902. Counter specifications.
Status: in_force

The person returned by the board of canvass as having been elected shall, within 15 days after receiving the notice specified in § 5901 of this title, deliver to the person contesting the elected person’s seat a like specification of objections to the right of the contestant to such seat.
15 Del. C. § 215 — Delaware Code / Title 15 / Chapter 2 / Section 215
§ Â
        215. Expenses and compensation.
Status: in_force

All expenses of each department, including the compensation of the members and employees shall be paid by the State.
15 Del. C. § 7334 — Delaware Code / Title 15 / Chapter 73 / Subchapter III / Section 7334
§ Â
        7334. Certificates of appointment by General Assembly.
Status: in_force

Certificates of appointment of electors by the General Assembly shall be duly made and signed by the President of the Senate and the Speaker of the House of Representatives and attested by the clerks of the houses respectively, and shall be transmitted by the President of the Senate as follows: one to the Governor, in order that lists may be made, certified and delivered, according to the Act of Congress in that behalf and 1 to each of the electors appointed.
15 Del. C. § 7554 — Delaware Code / Title 15 / Chapter 75 / Subchapter IV / Section 7554
§ Â
        7554. Voter eligibility.
Status: in_force

(a) Voter eligibility shall be as specified within the town charter; provided however, that in no event shall a municipality impose a durational residency requirement in excess of 30 days.

(b) A municipality that uses the State’s Voter Registration System as the source of its list of registered voters must enter into a written agreement with the Department of Elections that specifies the responsibilities of each party registering voters, maintaining voter records and providing Election Day support. The deadline for voter registration shall be no more than 30 days prior to any scheduled municipal election, and timeliness shall be determined in accordance with § 2036(1) and (2) of this title.

(c) A municipality that maintains its own voter registration system shall publish and post a schedule of when eligible citizens may register to vote. The deadline for voter registration shall be no more than 30 days prior to any scheduled municipal election, and timeliness shall be determined in accordance with § 2036(1) and (2) of this title. The municipality shall provide eligible citizens a reasonable opportunity to register to vote.

(d) Persons appearing to vote shall present proof of identity and address. The identification shall be 1 or more of the following items that individually or together show the identity and address of the person:

(1) A current State of Delaware driver’s license or ID card;

(2) A uniformed service ID card;

(3) Another current photo ID issued by the State of Delaware; U.S. Government; the voter’s employer, high school or higher education institution;

(4) A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or statement;

(5) A lease or sales agreement; and/or

(6) Any other documentation that a person can reasonably and commonly accept as proof of identity and address.

(e) Personal recognition by a majority of the Election Officers in the polling place can attest to a voter’s identity and address.
15 Del. C. § 5118 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5118
§ Â
        5118. Interference with election; penalties.
Status: repealed

(a) Whoever:

(1) Enters or attempts to enter the voting room before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of closing the election for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose; or

(2) Attempts to molest, disturb or prevent the election officers from proceeding regularly with any general or special election; or

(3) Takes charge or attempts to take charge of any voting room or place where the election is held within the time mentioned in this subsection for the purpose of preventing or delaying an election or for any other purpose on election day;

shall be fined not less than $500 nor more than $1,000, and imprisoned not more than 3 years.

(b) Whoever, not in this title authorized so to do, enters or attempts to enter the election room or within the railing leading to the entrance of the election room, or remains within 30 feet of the polling place, contrary to this title, shall be fined not more than $200.

(c) Whoever resists a challenger appointed pursuant to §§ 3164 and 4934 of this title or a special officer appointed pursuant to § 4935 [repealed] of this title shall be fined not more than $100 or imprisoned not more than 1 year.
15 Del. C. § 2106 — Delaware Code / Title 15 / Chapter 21 / Section 2106
§ Â
        2106. Disposition of appeals.
Status: in_force

In the event any appeal is taken or any appeal remains undetermined within the period of 30 days before the date of the general election, the court shall give priority to any such appeal over any other business before the court, and the court shall hear and determine the appeal and enter an order as provided in § 2110 of this title, on or before the tenth calendar day preceding the last registration day.
15 Del. C. § 101A — Delaware Code / Title 15 / Chapter 1 / Section 101A
§ Â
        101A. Purpose.
Status: in_force

The purpose of this title is to assure the people’s right to free and equal elections, as guaranteed by our state Constitution. To that end, the full exercise of that right demands that the people be afforded the means to form political parties, nominate candidates and cast ballots for whomever they choose. At the same time, however, lengthy ballots which list a profusion of political parties and unaffiliated candidates, many of which are not serious contenders and lack even a modicum of community support, tend to create voter confusion and to clog the election machinery.

To secure the right to free and equal elections and to preserve the integrity of the democratic political process, it is essential that an orderly system be established:

(1) For the registration of voters and the preservation of voter registration records;

(2) To encourage public participation in political parties and to demonstrate sufficient community support of these parties by permitting voters to affiliate with the party of their choice, if they so desire, on their voter registration records;

(3) To provide a means by which political parties and unaffiliated candidates, which have demonstrated a meaningful level of community support, may qualify for listing on the general election ballot;

(4) For the orderly and fair selection of party nominees by primary election or political party convention, and for the filling of vacancies among such nominees;

(5) To provide for the free exercise of the write-in vote for both politically affiliated and unaffiliated candidates who may not qualify for listing on the general election ballot;

(6) For the conduct of primary and general elections;

(7) For the certification of election results and the resolution of election contests;

(8) To provide criminal penalties and civil liability for violation of the laws set forth in this title;

(9) To provide for all such other matters, related to the electoral process, as may be set forth herein.
15 Del. C. § 4946 — Delaware Code / Title 15 / Chapter 49 / Subchapter II / Section 4946
§ Â
        4946. Powers of election officers to preserve order during election; penalty.
Status: in_force

(a) The inspectors of election, from the opening of the election until all the duties and proceedings connected therewith are fully completed, may:

(1) Command the peace; and

(2) Require sureties of the peace from any person disturbing the election, or the officers thereof in the performance of their duties; and

(3) Commit to prison for refusal or neglect to find such surety.

Whoever, being an officer or other person, disobeys the lawful commands of any inspector of election, shall be fined $50.

(b) The election officers in each election district, while discharging any of the duties imposed upon them by this title, may:

(1) Preserve order and enforce obedience to their lawful commands at and around the place of election during the time of any election and counting of votes;

(2) Keep the access to such places open and unobstructed;

(3) Prevent and suppress riots, tumult, violence, disorder and all improper practices tending to the intimidation or obstruction of voters, the disturbance or interruption of the voting or counting of votes; and

(4) Protect the voters and challengers from intimidation and violence, and the registers, poll books, boxes, envelopes and ballots from violence and fraud; and

(5) Deputize, if necessary, 1 or more electors to communicate their orders and directions and to assist in the enforcement thereof.
15 Del. C. § 8005 — Delaware Code / Title 15 / Chapter 80 / Subchapter I / Section 8005
§ Â
        8005. Duties of a political committee.
Status: in_force

A political committee shall:

(1) File a statement of organization with the Commissioner no later than 24 hours after it receives any contribution or makes any expenditure that causes the aggregate amount of contributions by or expenditures to such committee to exceed $500 during an election period. The statement of organization shall be filed under penalty of perjury, and shall include the following information:

a. The full name and mailing address of the committee;

b. The full name and mailing address of each of the officers of the committee, 1 of whom shall be an individual named as its treasurer;

c. A concise statement of the committee’s purposes or goals;

d. The name, office sought, and party affiliation of any candidate whom the committee is supporting or opposing, to the extent such information is known as of the date of filing; and, if the committee is supporting the entire ticket of any party, the name of the party; and

e. If the committee files reports with the Federal Elections Commission or any out-of-state agency, a statement to that effect including the name of the agency.

(2) Report any change in its officers within 7 days after such change becomes effective.

(3) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee, and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures were made.

(4) File with the Commissioner the reports required under this chapter.
15 Del. C. § 5102 — Delaware Code / Title 15 / Chapter 51 / Subchapter I / Section 5102
§ Â
        5102. Prosecution by Attorney General; duty to report violations.
Status: in_force

(a) The Attorney General shall immediately prosecute to final judgment all complaints which may be made of a violation of this title.

(b) The Department of Elections and all election officers shall notify the Attorney General of all violations of this title.
15 Del. C. § 4308 — Delaware Code / Title 15 / Chapter 43 / Subchapter I / Section 4308
§ Â
        4308. Representative in Congress.
Status: in_force

A Representative for the people of this State in the Congress of the United States shall be chosen at the biennial general election. The election of a Representative in Congress shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects, as the election for members of the General Assembly, and the votes given for Representative in Congress shall be calculated and ascertained at the same time and place, in the same manner and by and under the same means and regulations as those for members of the General Assembly.
15 Del. C. § 7705 — Delaware Code / Title 15 / Chapter 77 / Section 7705
§ Â
        7705. Number and residence of delegates.
Status: in_force

The number of delegates to be chosen to such convention shall be 17, to be elected from the State at large. Seven of such delegates shall be residents of New Castle County, 5 of such delegates shall be residents of Kent County, and 5 of such delegates shall be residents of Sussex County.
15 Del. C. § 3182 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3182
§ Â
        3182. Conduct of election.
Status: in_force

Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.
15 Del. C. § 3303 — Delaware Code / Title 15 / Chapter 33 / Section 3303
§ Â
        3303. Time of filing certificates.
Status: in_force

(a) (1) Except as provided under paragraphs (a)(2) and (a)(4) of this section and §§ 3002(b) and 3301(e) of this title, a certification of nomination must be filed before the close of the official business day on or before September 1 of the year of any general election, as follows:

a. For statewide office, with the State Election Commissioner.

b. For nonstatewide office, with the Department office for the county in which the nominee resides.

(2) If September 1 is a Sunday or legal holiday, a certificate of nomination under paragraph (a)(1) of this section must be filed on the next official business day.

(3) A certificate of nomination must be on the form specified by the State Election Commissioner.

(4) A nominee nominated for office by a national nominating convention must be named on a certificate of nomination to be filed before 12:00 noon on the earlier of the following:

a. The Tuesday following the national nominating convention.

b. September 15 of the election year.

(b) Except as provided under §§ 3002(b) and 3301(e) of this title, to be removed from a general election ballot, a nominee must withdraw the certificate of nomination on or before 4:30 p.m. of the first Friday after the deadline for filing the certificate under subsection (a) of this section.
15 Del. C. § 5510A — Delaware Code / Title 15 / Chapter 55 / Section 5510A
§ Â
        5510A. Preparing absentee ballots for tabulation [Transferred].
Status: in_force

Transferred to § 5510 of this title by 84 Del. Laws, c. 106, § 2, effective July 21, 2023.
15 Del. C. § 7542 — Delaware Code / Title 15 / Chapter 75 / Subchapter III / Section 7542
§ Â
        7542. Place, time and manner of voting; duties of Clerk of the Peace.
Status: in_force

(a) The special election shall be held in the building in which is situated the offices of the Clerk of the Peace. The polls shall be open from 9:00 a.m. to 6:00 p.m. on the day of the special election and voting shall be by printed ballot, which shall give the qualified voters an opportunity clearly to indicate their consent or objection to the annexation of the territory by the City of Wilmington.

(b) The Clerk of the Peace shall:

(1) Act as judge of the special election;

(2) Prepare, publish and post the notices required under § 7541 of this title;

(3) Prepare the ballots required for the special election; and

(4) Perform such other duties as provided in this subchapter for the Clerk of the Peace.
15 Del. C. § 101 — Delaware Code / Title 15 / Chapter 1 / Section 101
§ Â
        101. Definitions.
Status: in_force

As used in this title:

(1) “Ballot” means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter’s choice for any office, and the statement of any question submitted with provision for a “yes” or “no” vote.

(2) “Board of Elections” or “Board” means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title.

(3) “Clerk” means clerk of election.

(4) “Commissioner” means the State Election Commissioner.

(5) “County committee” means the regularly organized and constituted county committee or governing authority of a political party.

(6) “Department” means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. The Department, under the direction of the Board of Elections, shall administer the election laws of this State as defined in this title.

(7) “Election District Record” shall no longer mean the binders which contain, among other information, voter registration record (sometimes referred to as “Blues”), and shall hereafter mean the electronic records or the print out reflecting said electronic records as designated by the Department of Elections.

(8) “Election Management System” refers to the computer programs and databases managed by the State Election Commissioner and used by the State Election Commissioner and the Department of Elections to maintain voter registration records, to manage absentee voting, maintain election officer information, maintain polling place information, structure elections and for other purposes.

(9) “Election officers” means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title.

(10) “Independent,” “decline” or words equivalent thereto means any person who at the time of registration does not choose to be affiliated with a political party as defined in this section.

(11) “Inspector” means inspector of elections.

(12) “Judge” means judge of elections.

(13) “Local office” means any political district smaller than the State, including municipal, county, state representative or state senatorial.

(14) “Mobile registration” means any voter registration sponsored or conducted by the Department of Elections outside of any office of the Department.

(15) “Party” or “political party” means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. All political parties shall be divided into 2 classes:

a. “Major political party” means any political party which, as of December 31 of the year immediately preceding any general election year, has registered in the name of that party voters equal to at least 5 percent of the total number of voters registered in the State.

b. “Minor political party” means any political party which does not qualify as a major political party.

(16) “Primary ballots” means paper ballots used with ballot boxes or ballots used in voting machines.

(17) “Primary election” means an election at which voters registered as members of a major political party may vote to determine the nominees of that political party for the general election.

(18) “Principal political parties” or words equivalent thereto will be the 2 political parties which have the highest total voter registration in this State.

(19) “Protective counter” means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever.

(20) “Question” means any proposition or other question to be submitted to the voters.

(21) “Registration officers” means the registrar, assistant registrar and alternate registrars appointed by the Department as defined in this section.

(22) “Registration record” means a voter’s registration record maintained in the State’s Election Management System, the list or file of registered voters sent to each election district for use by election officers on the day of the election, and until determined obsolete, it also applies to a voter’s record maintained in the county master file.

(23) “Reports Appeals Subcommittee” or “Subcommittee” means the Reports Appeals Subcommittee of the State Board of Elections.

(24) “Signature” means both a written signature conforming to § 302(23) of Title 1 and a digital or electronic signature that is an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document as specified by the State Election Commissioner.

(25) “State chair” means the highest executive officer of a political party of this State.

(26) “State committee” means the regularly organized and constituted statewide governing authority of a political party in this State.

(27) “Unaffiliated candidate” means any individual who files a declaration as a candidate for any office to be decided at the general election and who is not affiliated with any political party and has not been thus affiliated for at least 3 months prior to the filing of that individual’s declaration.
15 Del. C. § 4105 — Delaware Code / Title 15 / Chapter 41 / Section 4105
§ Â
        4105. Composition of election districts.
Status: in_force

(a) The Department shall create election districts consisting of a minimum of 500 registered voters and a maximum of 3000 registered voters, except where such composition would cause a conflict with representative, senatorial or councilmemberic boundary lines.

(b) Allowance for individual exceptions may be made by the State Election Commissioner.

(c) The Department shall designate all election districts before March 1 in any election year, except in election year 2022, wherein the Department shall designate all election districts before April 1, 2022.
15 Del. C. § 5607A — Delaware Code / Title 15 / Chapter 56A / Section 5607A
§ Â
        5607A. Instructions for completing and returning a mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, Â 6].
Status: in_force

The Attorney General shall prepare a list of instructions to assist an elector voting by mail ballot in properly marking and returning the elector’s ballot under this chapter. These instructions shall be known and marked as “INSTRUCTIONS FOR COMPLETING AND RETURNING A MAIL BALLOT”. Before each election, the Attorney General shall deliver a copy of the instructions to the Department in sufficient time for the Department to have the instructions printed and delivered to each elector who requested a mail ballot for the ensuing election.
15 Del. C. § 5505 — Delaware Code / Title 15 / Chapter 55 / Section 5505
§ Â
        5505. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility.
Status: in_force

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

(1) A color other than white;

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

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

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

(1) The words “BALLOT ENVELOPE”;

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

(3) Identification information for the elector receiving the absentee ballot, including: the name of the county within which the elector is domiciled, the elector’s name, the elector’s address, the elector’s election district, the elector’s representative district, and such other information as the Department may require; and

(4) The following oath:

“I do solemnly swear (affirm) that to the best of my knowledge I am eligible to vote in 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) If the voter is voting under the provisions of the Uniformed and Overseas Citizens Voting Act [52 U.S.C. § 20301 et seq.], the oath shall be as provided by that act as amended.

(6) The voter’s signature.
15 Del. C. § 1905 — Delaware Code / Title 15 / Chapter 19 / Section 1905
§ Â
        1905. Law applicable.
Status: in_force

All the provisions in this title relating to registration of voters in general, as provided by law, shall apply as far as pertinent to this chapter.
15 Del. C. § 5115 — Delaware Code / Title 15 / Chapter 51 / Subchapter II / Section 5115
§ Â
        5115. Improper use of ballot or envelope; penalty.
Status: in_force

Whoever:

(1) Forges or falsely makes the official endorsement of any ballot or envelope; or

(2) Prints or causes to be printed any imitation ballot or envelope or circulates the same; or

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

shall be fined not less than $100 nor more than $500 or may be imprisoned not more than 5 years.
15 Del. C. § 5941 — Delaware Code / Title 15 / Chapter 59 / Subchapter III / Section 5941
§ Â
        5941. Who may contest; causes.
Status: in_force

Any person claiming to be elected to an office to be exercised in and for any county, district or hundred may contest the right of any person declared to be duly elected to such office for any of the following causes:

(1) For malconduct on the part of the election officers or clerks holding the election, or any one of them;

(2) When the person whose right to the office is contested was not at the time of the election eligible to such office;

(3) When the person whose right is contested has given to any elector or inspector, judge or clerk of election, any bribe or reward or shall have offered any bribe or reward for the purpose of procuring his or her election;

(4) On account of illegal votes.
15 Del. C. § 3190 — Delaware Code / Title 15 / Chapter 31 / Subchapter V / Section 3190
§ Â
        3190. Polling places; voting machines; election officers.
Status: in_force

The Department of Elections:

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

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

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

(4) Shall assign a sufficient number of election officers to each voting district.