reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5616A. Rejected ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5616A. Rejected ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) No vote shall be accepted or counted if any of the following occurs:
(1) The signature of the voter that appears on the front of the ballot envelope is found to have been altered or the ballot envelope is not signed as required under § 5608A(a)(2) of this title.
(2) The voter is not a duly registered elector in this State.
(3) The ballot envelope is open.
(4) It is evident that the ballot envelope has been opened and resealed.
(5) It is evident that the ballot envelope has been tampered with or altered.
(b) If the ballot envelope has not been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, it must not be opened and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore.
(c) If the ballot envelope has been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, the ballot must be returned to its ballot envelope and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore.
(d) Whenever it is made to appear by due proof to an election judge that any voter, who has marked and forwarded the voter's ballot, has subsequently died, the ballot envelope containing the ballot must not be opened and the election judge shall record on the ballot envelope “REJECTED, DEAD” and must be preserved and disposed of as other rejected ballots.
(e) Whenever a ballot has not been counted but has been rejected under this section, the appropriate notation must be made on the mail ballot tally and the number of ballots rejected must be noted on the certificates of election.
(f) Ballots rejected under this section must be deposited in a carrier envelope for the election district to which they apply.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5617A. Validity of a voter's mail ballot for wrong district [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5617A. Validity of a voter's mail ballot for wrong district [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
If a voter marks and returns a mail ballot for an election district other than the 1 in which the voter is a resident and a duly registered elector, such ballot must not be adjudged invalid but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the elector's election district.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5618A. Required records [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5618A. Required records [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records must include all of the following entries:
(1) The name of the elector.
(2) The address at which elector is registered.
(3) The address where the ballot is to be mailed.
(4) The date the application for a mail ballot is received by the Department.
(5) The elector's election district and representative district.
(6) The ballot envelope identification number.
(7) The date the ballot is mailed or delivered to the elector.
(8) The date the ballot is returned.
(b) (1) The Department shall compile from its files a list of names and addresses of all applicants for mail ballots and shall send current and complete copies of this list, without cost, to all political parties with candidates on the ballot in the forthcoming election.
(2) The Department shall provide the lists under paragraph (b)(1) of this section no later than 2 weeks before the date of the election and copies of the lists must be mailed on the same date to the respective chairs of each political party involved in the election.
(3) The Department shall also make available to representatives of all political parties, comparable information from the file for the list under paragraph (b)(1) of this section, at each office of the Department during the remaining 2 weeks before the election. This information may be recorded by representatives from the political parties from the daily records of the Department with the cooperation and assistance of Department employees.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5619A. Duties of Department of Elections; political balance of election judges; security [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5619A. Duties of Department of Elections; political balance of election judges; security [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department shall ensure that each panel of election judges selected to officiate the procedures required under this chapter represent a politically-balanced cross section of the major political parties participating in the election for which the mailed ballots are being counted.
(b) The Department shall promulgate rules to ensure the security and integrity of the procedures required under this chapter and that the counting process for mail ballots is not subject to improper influences.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules relating to logic and accuracy testing of mail ballot tabulating machines.
(b) Rules promulgated under this section must ensure all of the following:
(1) All machines are thoroughly tested immediately following maintenance and programming to determine all of the following:
a. The voting system is properly programmed.
b. The election is correctly defined on the voting system.
c. All of the voting system input, output, and communication devices are working properly.
(2) Any machine deemed unsatisfactory is recoded, repaired, or replaced and must be retested.
(3) Machines are publicly tested before use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election.
(4) Public notice of public tests is given at least 7 days before the tests being conducted.
(5) The resetting and sealing of each publicly-tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who is in attendance.
(6) Each publicly-tested machine is secured following the test in a state of readiness until the day of the election.
(7) Records are kept of all pre-election testing of each mail ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during the testing.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5621A. System for voters to determine status of their mail ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5621A. System for voters to determine status of their mail ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
The State Election Commissioner, in collaboration with the Department offices, shall establish a free access system accessible via the Internet through which a person who applied for a mail ballot can determine whether or not the ballot application was received, when the ballot was transmitted, when the voted ballot was received by the Department, and whether or not the ballot was counted.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5701. Superior Court as board of canvass; convening and composition of Court.

§ 5701. Superior Court as board of canvass; convening and composition of Court.
(a) The Superior Court shall convene in each county on the second day after the general election at 10 a.m., for the performance of the duties imposed upon it by § 6 of article V of the Constitution of this State and by this chapter. Thereupon the Court, with the aid of such of its officers and such sworn assistants as it shall appoint, shall publicly ascertain the state of the election throughout the county and in the respective election districts by calculating the aggregate amount of all the votes for each office that shall have been given in all of the election districts of the county for every person voted for such office. For this purpose, the Court shall utilize the voting machine recording tapes, voting machine certificates, absentee vote tally sheets and write-in vote tally sheets for each election district provided by the Prothonotary and the Department, whose representatives shall sit as observers and assistants to the Court during said calculation of the vote.
(b) For the purposes of this chapter, the Superior Court shall consist in New Castle County of the President Judge and the Resident Judge; in Kent County of the Resident Judge and a Judge designated by the President Judge; and in Sussex County of the Resident Judge and a Judge designated by the President Judge. For the purpose of this chapter, the Superior Court in each county, as so constituted, shall be a board of canvass for the respective counties of this State.
Code 1852, §  402;  21 Del. Laws, c. 38, §  23;  Code 1915, §§  1777, 1859;  Code 1935, §§  1866, 1978;  15 Del. C. 1953, §  5701;  61 Del. Laws, c. 480, §  18;  72 Del. Laws, c. 434, §  1;  76 Del. Laws, c. 213, §  39;  79 Del. Laws, c. 25, §  1;  79 Del. Laws, c. 275, §  96;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5702. Duties of Court.

§ 5702. Duties of Court.
(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.
21 Del. Laws, c. 38, §  23;  Code 1915, §  1777;  Code 1935, §  1866;  15 Del. C. 1953, §  5702;  58 Del. Laws, c. 215, §  39;  61 Del. Laws, c. 480, §  19;  65 Del. Laws, c. 519, §  1;  72 Del. Laws, c. 434, §§  2, 3;  75 Del. Laws, c. 232, §  65;  79 Del. Laws, c. 275, §  96;  82 Del. Laws, c. 170, § 50;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5703. Vote required for election.

§ 5703. Vote required for election.
In all elections, unless it be otherwise expressly provided, a plurality or the highest number of votes shall make a choice, except where this principle is defeated by 2 or more persons having the same and the highest number of votes for the same office.
Code 1852, §  300;  Code 1915, §  1811;  Code 1935, §  1900;  15 Del. C. 1953, §  5703;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5704. Votes for President and Vice-President as votes for their electors.

§ 5704. Votes for President and Vice-President as votes for their electors.
The Court shall calculate the votes given for the candidates for President and Vice-President of a political party as votes given for each and all the electors of President and Vice-President of such party, the names of whom are on file with the State Election Commissioner and as certified to the Court by the State Election Commissioner, and the Court shall make its certificates accordingly in the form and manner provided by §§ 5705-5707 of this title.
Code 1935, §  1814A;  44 Del. Laws, c. 119, §  4;  15 Del. C. 1953, §  5704;  61 Del. Laws, c. 480, §  20;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5705. Certificates of the results of the election; number required.

§ 5705. Certificates of the results of the election; number required.
(a) After the state of the election has been ascertained by calculating the votes, the Court shall make, under the seal of the Court, the certificates of the results of the election as provided in this section and §§ 5706 and 5707 of this title.
(b) The number of such certificates to be prepared by the Court for each office shall be as follows:
Electors for President and Vice-President of the United States, 3;
Governor, 4;
Lieutenant Governor, 4;
Senator in the Senate of the United States, 2;
Representative in the House of Representatives of the United States, 2;
Attorney General, 4;
Insurance Commissioner, 4;
State Treasurer, 4;
Auditor of Accounts, 4;
Senator to the General Assembly, 2 for each Senator;
Representative to the General Assembly, 2 for each Representative;
Clerk of the Peace, 2;
Register of Wills, 2;
Recorder, 2;
Levy Court Commissioner, 1 for each Commissioner;
Receiver of Taxes and County Treasurer, 1;
Sheriff, 2;
County Executive of New Castle County, 1;
County Council member of New Castle County, 1 for each Council member;
County Council member of Sussex County, 1 for each Council member.
21 Del. Laws, c. 38, §  25;  Code 1915, §  1779;  Code 1935, §  1868;  15 Del. C. 1953, §  5705;  55 Del. Laws, c. 85, §  34B;  57 Del. Laws, c. 762, §  33B;  72 Del. Laws, c. 434, §  4;  73 Del. Laws, c. 91, §  10;  80 Del. Laws, c. 209, § 8;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5707. Enclosing certificates in envelopes.

§ 5707. Enclosing certificates in envelopes.
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.
21 Del. Laws, c. 38, §  25;  Code 1915, §  1779;  Code 1935, §  1868;  15 Del. C. 1953, §  5707;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5708. Tie vote; certificate.

§ 5708. Tie vote; certificate.
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.
21 Del. Laws, c. 38, §  27;  Code 1915, §  1781;  Code 1935, §  1870;  15 Del. C. 1953, §  5708;  55 Del. Laws, c. 85, §  34E;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 434, §  7;  73 Del. Laws, c. 91, §  12;  80 Del. Laws, c. 209, § 10;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5710. Certification and proclamation by Governor of results of election of state officers.

§ 5710. Certification and proclamation by Governor of results of election of state officers.
The Governor, after receiving the certificates of the results of the election in each county, under the seal of the Superior Court, for the office of Attorney General, Insurance Commissioner, State Treasurer and Auditor of Accounts, or any of whom shall have been voted for at the preceding general election, shall, without delay, examine the returns and declare the persons elected, and shall issue certificates of such election under the Governor's own hand, and the same, together with the aforesaid certificates of the results of the election in each county, shall be filed in the office of the Secretary of State, and the Governor shall by proclamation make public the state of the vote by causing the same to be published in 1 or more of the public newspapers of the respective counties of this State, and shall issue commissions to the persons.
21 Del. Laws, c. 38, §  32;  Code 1915, §  1786;  Code 1935, §  1875;  15 Del. C. 1953, §  5711;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 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, § 6].

§ 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, § 6].
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.
Code 1852, §§  402, 403;  Code 1915, §§  1859, 1860;  Code 1935, §§  1978, 1979;  15 Del. C. 1953, §  5712;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 7, § 3;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5711. Electors for President and Vice President; announcements and certifications of election [Effective if Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

§ 5711. Electors for President and Vice President; announcements and certifications of election [Effective if Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].
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.
Code 1852, §§  402, 403;  Code 1915, §§  1859, 1860;  Code 1935, §§  1978, 1979;  15 Del. C. 1953, §  5712;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 7, § 3;  82 Del. Laws, c. 7, § 4;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5712. Representative in the Congress of the United States; announcement and certification of election.

§ 5712. Representative in the Congress of the United States; announcement and certification of election.
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.
Code 1852, §  414;  Code 1915, §  1879;  Code 1935, §  1998;  15 Del. C. 1953, §  5713;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5713. United States Senator; announcement and certification of election; form.

§ 5713. United States Senator; announcement and certification of election; form.
(a) The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for Senator from this State in the Senate of the United States, shall issue certificates of such election and deliver and file the same and shall, by proclamation, make public the state of the vote, in the same manner and form, by the same persons and officers, and under the same regulations in all respects as is provided in § 5712 of this title for the election of Representative in Congress.
(b) The Governor shall certify the election or appointment of any Senator elected or appointed as provided by law, under the Great Seal of the State, to the President of the Senate of the United States. Such certificate shall be countersigned by the Secretary of State.
(c) The certificate, in case of an election, may be according to the following form:
“To the President of the Senate of the United States:
Be it known that at an election, in due manner held according to the form of the Act of the General Assembly of the State of Delaware, and of the Act of Congress in such case made and provided, on the first Tuesday after the first Monday of the month of November, . . . . ., . . . . . . . . . . . . . . . was elected to be a Senator from the said State in the Senate of the United States for the constitutional term to commence at noon on the third day of January A. D. . . . . . . .. Given under our hands in obedience to the said Act of the General Assembly and of the said Act of Congress this . . . . . . . . . day of . . . . . . . . A. D. . . . . . . .”
Code 1915, §§  1889, 1892;  Code 1935, §§  2008, 2010;  15 Del. C. 1953, §  5714;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5714. Costs.

§ 5714. Costs.
All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated.
15 Del. C. 1953, §  5717;  57 Del. Laws, c. 567, §  53;  66 Del. Laws, c. 53, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION › § 5715. State senatorial or representative districts.

§ 5715. State senatorial or representative districts.
(a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows:
(1) For those senatorial or representative districts in which a majority of the election districts are in New Castle County, the President Judge of the Superior Court shall total together the votes cast in each county for each candidate.
(2) For those senatorial or representative districts in which a majority of the election districts are in Kent County, the Chancellor shall total together the votes cast in each county for each candidate.
(3) For those senatorial or representative districts in which a majority of the election districts are in Sussex County, the Resident Judge of Sussex County shall total together the votes cast in each county for each candidate.
(b) The total vote, as ascertained in subsection (a) of this section above shall then be inserted on the certificates of the Court as provided in § 5706 of this title.
15 Del. C. 1953, §  5718;  58 Del. Laws, c. 445;  72 Del. Laws, c. 434, §  9;  76 Del. Laws, c. 213, §  40;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5901. Notice of intention to contest; specifications.

§ 5901. Notice of intention to contest; specifications.
Any person intending to contest the election or the eligibility of any one returned by the board of canvass as a member of either branch of the General Assembly from any of the counties of this State shall at least 20 days before the meeting of the General Assembly give written notice of such intention to the person whose seat that person intends to contest, and within 10 days after the notice shall deliver to the person a written specification of the several grounds upon which that person intends to contest the election or the eligibility of such person. If 1 of such grounds shall be that illegal votes were given at such election for the person so returned, then such specification shall particularly set forth the name of each alleged illegal voter, with the several objections to the legality of that voter's vote.
Code 1852, §  427;  Code 1915, §  1893;  Code 1935, §  2011;  15 Del. C. 1953, §  5901;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5902. Counter specifications.

§ 5902. Counter specifications.
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.
Code 1852, §  428;  Code 1915, §  1894;  Code 1935, §  2012;  15 Del. C. 1953, §  5902;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5903. Verification of specifications.

§ 5903. Verification of specifications.
Every specification shall be verified by affidavit of the party delivering the same, stating that the party verily believes that the grounds of objection set forth are substantially true, and that the voters specified as illegal voters were not entitled by law to vote at the election in question.
Code 1852, §  429;  Code 1915, §  1895;  Code 1935, §  2013;  15 Del. C. 1953, §  5903;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5904. Delivery of notice and specification to presiding officer of Senate or House.

§ 5904. Delivery of notice and specification to presiding officer of Senate or House.
Copies of the notice and specifications verified as provided in § 5903 of this title shall be delivered to the Speaker or President, as the case may be, of the house having cognizance of the matter. The contestant shall deliver the contestant's own notice and specifications with the contestant's petition on the first day of the session, and the sitting member shall deliver a copy of the sitting member's specifications to the Speaker or President when the sitting member delivers them to the contestant.
Code 1852, §  430;  Code 1915, §  1896;  Code 1935, §  2014;  15 Del. C. 1953, §  5904;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5905. Inquiry restricted to grounds specified.

§ 5905. Inquiry restricted to grounds specified.
In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and shall not examine into the illegality of any votes other than those specified as illegal nor impeach such votes for any causes other than those specified.
Code 1852, §  431;  Code 1915, §  1897;  Code 1935, §  2015;  15 Del. C. 1953, §  5905;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5906. Costs when sitting member unseated.

§ 5906. Costs when sitting member unseated.
If the house having cognizance of the matter determines that the sitting member is not entitled to that sitting member's own seat, it may order that the costs incurred by such contested election be paid by the State.
Code 1852, §  432;  Code 1915, §  1898;  Code 1935, §  2016;  15 Del. C. 1953, §  5906;  51 Del. Laws, c. 149, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5907. Costs when sitting member is not unseated.

§ 5907. Costs when sitting member is not unseated.
The house in determining against the claim of the contestant may also decide that the proceeding on the contestant's part is frivolous and vexatious and may order that the contestant shall pay all the costs of the contested election, but without such order the contestant shall not be liable to costs and the same shall be paid by the State.
Code 1852, §  433;  Code 1915, §  1899;  Code 1935, §  2017;  15 Del. C. 1953, §  5907;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter I. Members of the General Assembly › § 5908. Execution when costs are to be paid by contestant.

§ 5908. Execution when costs are to be paid by contestant.
Any order for the payment of costs by the contestant shall be enforced by a writ issued by the Speaker or President, as the case may be, of the house in which such election was contested to the Sheriff of Kent County, directing the Sheriff of Kent County to levy and make the amount thereof of the goods and chattels, lands and tenements of the petitioner, under which writ the Sheriff shall sell the same, or such part thereof as may be necessary to satisfy the writ, upon 15 days' notice posted as required in cases of sale on execution process, and shall pay over the amount by the Sheriff of Kent County received upon the writ to the State Treasurer for the purpose of reimbursing to the Treasury the sums drawn therefrom to pay the costs of the contested election.
Code 1852, §  434;  Code 1915, §  1900;  Code 1935, §  2018;  15 Del. C. 1953, §  5908;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5921. Notice of contest; specification.

§ 5921. Notice of contest; specification.
Any person intending to contest the election of any one declared by the Governor to have been chosen an elector of President and Vice President of the United States, shall, within 10 days after such declaration by proclamation of the Governor, give written notice of such intention to the person whose election the contesting person intends to contest and also to the Governor, and within 5 days after the delivery of such notice, shall deliver to the person whose election the contesting person contests and to the Governor written specification of the grounds upon which the contesting person intends to contest the election of the person so declared to have been elected. If 1 of the grounds shall be that illegal votes were given at such election for the person declared to have been elected then such specification shall particularly set forth the name of each alleged illegal voter, with the several objections to the legality of that voter's vote, and shall also distinctly set forth and state the election district at which the alleged illegal vote was cast.
18 Del. Laws, c. 22, §  1;  Code 1915, §  1869;  Code 1935, §  1988;  15 Del. C. 1953, §  5921;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 141, § 13;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5922. Specification in answer.

§ 5922. Specification in answer.
The person declared to have been elected and who has received notice of contest shall, within 10 days after receiving specification of the grounds of contest, deliver to the person so contesting the elected person's election, and to the Governor, a like specification of objections to the right of the contestant to be declared an elector, and in such specification may also state any other ground upon which the elected person rests the validity of the elected person's election.
18 Del. Laws, c. 22, §  2;  Code 1915, §  1870;  Code 1935, §  1989;  15 Del. C. 1953, §  5922;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5923. Verification of specifications.

§ 5923. Verification of specifications.
Every specification shall be verified by the affidavit of the party delivering the same, stating that the party verily believes that the grounds of objection set forth are substantially true, and that the voters specified as illegal voters were not entitled by law to vote at the election in question.
18 Del. Laws, c. 22, §  3;  Code 1915, §  1871;  Code 1935, §  1990;  15 Del. C. 1953, §  5923;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5924. Delivery of documents to special board of canvass.

§ 5924. Delivery of documents to special board of canvass.
The notice and specification which have been delivered to the Governor shall be delivered by the Governor to the special board of canvass provided for in § 5927 of this title, together with the certificates of the votes given for each person voted for for elector as returned to the Governor by the respective boards of canvass under Chapter 57 of this title on the first day of the assembling of the special board of canvass.
18 Del. Laws, c. 22, §  4;  Code 1915, §  1872;  Code 1935, §  1991;  15 Del. C. 1953, §  5924;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5925. Inquiry restricted to grounds of objection in specifications.

§ 5925. Inquiry restricted to grounds of objection in specifications.
In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and to the statement of the other grounds upon which the person declared to have been elected rests the validity of that person's election and shall not examine into the illegality of any other vote than those specified as illegal nor impeach such votes for any causes other than those so specified.
18 Del. Laws, c. 22, §  5;  Code 1915, §  1873;  Code 1935, §  1992;  15 Del. C. 1953, §  5925;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5926. Subpoenas for witnesses.

§ 5926. Subpoenas for witnesses.
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.
18 Del. Laws, c. 22, §  6;  Code 1915, §  1874;  Code 1935, §  1993;  15 Del. C. 1953, §  5926;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5927. Superior Court for Kent County declared a special board of canvass to hear contest.

§ 5927. Superior Court for Kent County declared a special board of canvass to hear contest.
The Superior Court for Kent County is continued and declared to be a special board of canvass to hear and determine all contests of elections of electors of President and Vice President with power to regulate and determine the mode of procedure, and all other matters pertaining thereto as may be necessary in carrying out the provision of this subchapter and the Act of Congress fixing the day of the meeting of electors. The Governor whenever a notice of contest is served upon the Governor shall immediately make proclamation convening such Superior Court in special session at the Courthouse in Dover on a day to be by the Governor named, which shall not be later than December 20, next succeeding the day of the election in the year in which the election was held.
18 Del. Laws, c. 22, §  7;  Code 1915, §  1875;  Code 1935, §  1994;  15 Del. C. 1953, §  5927;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 141, § 14;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter II. Electors for President and Vice President › § 5928. Certification by Superior Court.

§ 5928. Certification by Superior Court.
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.
18 Del. Laws, c. 22, §  8;  Code 1915, §  1876;  Code 1935, §  1995;  15 Del. C. 1953, §  5928;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5941. Who may contest; causes.

§ 5941. Who may contest; causes.
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.
17 Del. Laws, c. 33, §  1;  Code 1915, §  1901;  Code 1935, §  2019;  15 Del. C. 1953, §  5941;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5942. Irregularities not invalidating election.

§ 5942. Irregularities not invalidating election.
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.
17 Del. Laws, c. 33, §  2;  Code 1915, §  1902;  Code 1935, §  2020;  15 Del. C. 1953, §  5942;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5943. Requirements to set aside election because of illegal voting.

§ 5943. Requirements to set aside election because of illegal voting.
Nothing in this chapter shall be so construed as to authorize an election to be set aside or annulled on account of illegal votes unless it shall appear that an amount of illegal votes has been given to the person whose right to the office is contested which, if taken from the person, would reduce the number of the person's legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person.
17 Del. Laws, c. 33, §  4;  Code 1915, §  1903;  Code 1935, §  2021;  15 Del. C. 1953, §  5943;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5944. Circumstances under which contestant need not claim to have been elected.

§ 5944. Circumstances under which contestant need not claim to have been elected.
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.
17 Del. Laws, c. 33, §  5;  Code 1915, §  1904;  Code 1935, §  2022;  15 Del. C. 1953, §  5944;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5946. Verification of contestant's statement.

§ 5946. Verification of contestant's statement.
The statement shall be verified by the oath of the contestant that the matters therein set forth are, so far as they relate to the contestant's own act and deed, true and that what relates to the act and deed of any other person the contestant believes to be true.
17 Del. Laws, c. 33, §  6;  19 Del. Laws, c. 572, §  1;  Code 1915, §  1905;  Code 1935, §  2023;  15 Del. C. 1953, §  5946;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5947. Security for costs.

§ 5947. Security for costs.
Any person contesting any election under this subchapter shall be required to give security for costs in such amount and manner as the court shall order. Such security, however, shall in no case be enforced unless judgment for costs be rendered against the contestant.
17 Del. Laws, c. 33, §  17;  Code 1915, §  1914;  Code 1935, §  2032;  15 Del. C. 1953, §  5947;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5948. Citation; service and return.

§ 5948. Citation; service and return.
Before the statement is filed, the prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as that person may have, which citation shall be delivered to the sheriff or, if the sheriff be a party to the contest, to a local law-enforcement officer, and be served by the sheriff or law-enforcement officer upon the party defendant in person or, if the party defendant cannot be found, by leaving a copy thereof at the house where the party defendant last resided at least 5 days before the day to which such citation is returnable. The original citation shall be returned to the prothonotary on or before the first day of the next term of Court after it is issued, and the manner of service shall be endorsed thereon and signed by the officer serving the same.
17 Del. Laws, c. 33, §  9;  19 Del. Laws, c. 572, §  2;  Code 1915, §  1906;  Code 1935, §  2024;  15 Del. C. 1953, §  5948;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 117, § 13;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5949. Dismissal of proceedings.

§ 5949. Dismissal of proceedings.
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.
17 Del. Laws, c. 33, §  10;  19 Del. Laws, c. 572, §  3;  Code 1915, §  1907;  Code 1935, §  2025;  15 Del. C. 1953, §  5949;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5950. Trial.

§ 5950. Trial.
If proceedings are not dismissed, the case shall proceed upon its merits and be tried and determined by the Court by the rules of law and evidence governing the determination of questions of law and facts in the Superior Court, so far as the same are applicable.
17 Del. Laws, c. 33, §  10;  19 Del. Laws, c. 572, §  3;  Code 1915, §  1907;  Code 1935, §  2025;  15 Del. C. 1953, §  5950;