reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4940. Disqualification because of bribery; determination of challenge.

§ 4940. Disqualification because of bribery; determination of challenge.
(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register or for giving or withholding or in any manner influencing the giving or withholding a vote at any general election in this State, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the following oath or affirmation, which shall be administered by the inspector:
“I, ________________________________ do solemnly swear (or affirm) that I have not received or accepted, or offered to receive or accept, paid or transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another to be paid or used any money or other valuable thing as compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register, or for the giving or withholding a vote at this election.
Signed ________________________________________________________________
Sworn and subscribed to before me this ________ day of November, A. D. ________
________________________________________________________________ Inspector.”
(b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section, shall be competent evidence in any proceeding against the party making the same.
(c) In order to enable the election officers to carry into effect this section, the Department shall cause to be prepared not less than 15 blank forms of the oath or affirmation provided for in this section and shall cause said oaths to be delivered to each inspector in each of the election districts of that inspector's county at the time provided in § 4509 of this title.
21 Del. Laws, c. 38, §  19;  Code 1915, §  1773;  34 Del. Laws, c. 111, §  2;  Code 1935, §  1862;  15 Del. C. 1953, §  4946;  55 Del. Laws, c. 67;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  77;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4941. Residency of voter.

§ 4941. Residency of voter.
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. 1953, §  4947;  58 Del. Laws, c. 215, §  35;  60 Del. Laws, c. 414, §  12;  61 Del. Laws, c. 480, §  14;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 188, §  26;  77 Del. Laws, c. 227, §  60;  81 Del. Laws, c. 113, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4942. Electioneering in polling place; penalties; definitions.

§ 4942. Electioneering in polling place; penalties; definitions.
(a) No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election. No political headquarters or gathering shall be permitted within that building during the conduct of the election.
(b) Whoever violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.
(c) Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
(d) For the purposes of this section the following definition shall apply:
“Electioneering” includes political discussion of issues, candidates or partisan topics, the wearing of any button, banner or other object referring to issues, candidates or partisan topics, the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics, the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise into the polling place or the area within 50 feet of the entrance to the building in which the voting room is located.
19 Del. Laws, c. 39, §  31;  Code 1915, §  1793;  Code 1935, §  1882;  45 Del. Laws, c. 154, §  16;  15 Del. C. 1953, §  4949;  57 Del. Laws, c. 181, §  63;  58 Del. Laws, c. 148, §  88;  58 Del. Laws, c. 215, §  36;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4943. Voting assistance based on blindness, disability, or illiteracy; instructions for voters.

§ 4943. Voting assistance based on blindness, disability, or illiteracy; instructions for voters.
(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.
20 Del. Laws, c. 396, §§  1, 10;  27 Del. Laws, c. 65, §  20;  Code 1915, §  1739;  Code 1935, §  1828;  15 Del. C. 1953, §  4950;  58 Del. Laws, c. 148, §  89;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 304, §§  4, 5;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4944. Vote for candidates for President and Vice President as vote for their electors.

§ 4944. Vote for candidates for President and Vice President as vote for their electors.
A vote for the candidates of a political party for President and Vice President of the United States shall be a vote for all the electors of President and Vice President of such party, the names of whom are on file with the State Election Commissioner and shall be as effective as if the vote was given directly for the electors.
Code 1935, §  1814A;  44 Del. Laws, c. 119, §  4;  15 Del. C. 1953, §  4951;  82 Del. Laws, c. 141, § 10;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4945. Majority vote of inspector and judges of election.

§ 4945. Majority vote of inspector and judges of election.
The concurrence or assent of a majority of the inspector of election and 2 judges of election in any election district is required for the valid exercise by such persons of any power, authority or duty conferred upon or required of them by this title, unless specifically provided otherwise.
19 Del. Laws, c. 39, §  23;  Code 1915, §  1790;  Code 1935, §  1879;  15 Del. C. 1953, §  4952;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4946. Powers of election officers to preserve order during election; penalty.

§ 4946. Powers of election officers to preserve order during election; penalty.
(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.
Code 1852, §  304;  19 Del. Laws, c. 39, §  27;  21 Del. Laws, c. 36, §  20;  Code 1915, §  1791;  Code 1935, §  1880;  15 Del. C. 1953, §  4953;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter II. Regulations Governing Conduct of Elections During Hours of Voting › § 4947. Time and manner of closing election.

§ 4947. Time and manner of closing election.
The election shall be continued open until 8:
00 p.m. when it shall be closed. In closing the election the inspector and the judges shall, nevertheless, permit those electors to vote who have presented themselves and have offered to vote prior to 8:
00 p.m., provided that at 8:
00 p.m. they shall be in a line awaiting their turn to vote within the voting room itself or if the line extends outside of the voting room itself within that line; any person who has not voted or who has not presented himself or herself and offered to vote and is not waiting in line by 8:
00 p.m. shall not be permitted to vote after the hour of 8:
00 p.m. The inspector shall one-half hour before closing the election make proclamation that the election will be closed in that time.
21 Del. Laws, c. 38, §  20;  Code 1915, §  1774;  32 Del. Laws, c. 100, §  1;  Code 1935, §§  1768, 1863;  15 Del. C. 1953, §  4954;  50 Del. Laws, c. 22, §  1;  50 Del. Laws, c. 172, §  5;  57 Del. Laws, c. 181, §  64;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4971. Counting absentee votes; penalty for disclosure.

§ 4971. Counting absentee votes; penalty for disclosure.
Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4973, 4974. Disqualified ballots; notation and preservation of disqualified or disputed ballots and envelopes.

§§ 4973, 4974. Disqualified ballots; notation and preservation of disqualified or disputed ballots and envelopes.
Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4975. Removing the results from the voting device or devices and dispatching the voted paper ballots in a secured container and the media containing the election results to the Department.

§ 4975. Removing the results from the voting device or devices and dispatching the voted paper ballots in a secured container and the media containing the election results to the Department.
(a) (1) After the polls have closed and the last voter has finished voting and exited the polling place, the inspector shall close and secure each voting device as instructed and complete the required documentation.
(2) After the polls have closed, the election officers shall produce a report of the write-in votes.
(b) After the polls have closed, the election officers shall remove the ballot container and the media containing the election results from each voting device and deliver them to the Department as instructed.
(c)-(e) [Repealed.]
21 Del. Laws, c. 38, §  22;  Code 1915, §  1776;  Code 1935, §  1865;  15 Del. C. 1953, §  4977;  49 Del. Laws, c. 294, §  19;  58 Del. Laws, c. 148, §  94;  70 Del. Laws, c. 506, §  9;  77 Del. Laws, c. 227, §§  2, 63;  82 Del. Laws, c. 170, § 26;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4977. Persons authorized to be present during the count and tabulation.

§ 4977. Persons authorized to be present during the count and tabulation.
Any candidate and any duly accredited challenger may be admitted to the voting room after the closing of the polls to observe the counting and tabulation of votes. Such persons shall be afforded the full opportunity to examine the ballot, results tapes from each voting machine, voting machine certificates and the tally sheets.
21 Del. Laws, c. 38, §  29;  Code 1915, §  1783;  34 Del. Laws, c. 111, §  3;  Code 1935, §  1872;  45 Del. Laws, c. 154, §  13;  46 Del. Laws, c. 153, §  2;  15 Del. C. 1953, §  4979;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 172, §  7;  55 Del. Laws, c. 92, §  3;  57 Del. Laws, c. 567, §§  44, 45;  58 Del. Laws, c. 148, §  96;  70 Del. Laws, c. 506, §  14;  75 Del. Laws, c. 232, §  62;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4980. Return and custody of voting devices, media containing election results, and ballot container.

§ 4980. Return and custody of voting devices, media containing election results, and ballot container.
(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary's custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction.
(b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected by any duly authorized member or agent of the General Assembly, the Attorney General, or the Department for the purpose of conducting an audit under § 5012A of this title.
15 Del. C. 1953, §  4982;  58 Del. Laws, c. 148, §  99;  60 Del. Laws, c. 403, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 506, §  18;  75 Del. Laws, c. 232, §§  63, 64;  82 Del. Laws, c. 170, § 30;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter III. Counting Votes and Post-Election Regulations › § 4981. Duties of Department and State Election Commissioner following an election.

§ 4981. Duties of Department and State Election Commissioner following an election.
(a) Immediately following an election, the Department shall upload all updated voter history from the electronic poll books to the State's voter registration system.
(b) [Repealed.]
15 Del. C. 1953, §  4983;  58 Del. Laws, c. 148, §  100;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 505, §  6;  77 Del. Laws, c. 227, §  2;  82 Del. Laws, c. 170, § 31;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter IV. Administrative Complaint Procedure › § 4990. Applicability.

§ 4990. Applicability.
The Administrative Complaint Process shall only apply to alleged violations of Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] to include an alleged violation that has occurred, is occurring or is about to occur.
74 Del. Laws, c. 168, §  5;
2023 Delaware Code › Title 15 - Elections › Chapter 49. CONDUCT OF ELECTION › Subchapter IV. Administrative Complaint Procedure › § 4991. Process.

§ 4991. Process.
(a) The person making a complaint under this subchapter shall submit the complaint to the State Election Commissioner. The complaint must be in writing, notarized, and signed and sworn to by the person making the complaint.
(b) If a Department office receives a complaint, it shall forward it to the State Election Commissioner on the same business day that it is received.
(c) The State Election Commissioner shall notify the complainant or complainants of receipt of the complaint and provide the complainant or complainants a description of the complaint resolution process.
(d) The State Election Commissioner may consolidate similar complaints.
(e) If requested by the complainant or complainants, there shall be a hearing for the record.
(f) The State Election Commissioner shall appoint a person or persons to examine the complaint, gather information about the circumstances and then determine whether or not there was a violation of Title III of the Help American Vote Act of 2002 [52 U.S.C. § 21081 et seq.].
(g) If the person handling the complaint determines that a violation has occurred, that person shall recommend a suitable remedy to the State Election Commissioner. The Commissioner may accept, reject or modify any proposed remedy.
(h) If the person handling the complaint determines that a violation did not occur, the complaint shall be dismissed.
(i) The State Election Commissioner shall publish the results of the resolution of each complaint as the Commissioner sees fit.
(j) A final determination shall be made on each complaint as quickly as possible, but no later than 90 days following the date that the complaint was filed unless the complainant consents to a longer period for resolving the complaint.
(k) If the complaint is not resolved within 90 days and the complainant has not agreed to a longer period, the State Election Commissioner shall take such steps as necessary to resolve the complaint within the next 60 days. The original complaint and all information developed in the previous attempt or attempts to resolve the issue or issues shall be made available to the person or persons subsequently charged with resolving the complaint.
(l) The State Election Commissioner shall develop a system for tracking complaints alleging Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] violations.
74 Del. Laws, c. 168, §  5;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  81;  82 Del. Laws, c. 170, § 32;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5000A. Electronic voting system use.

§ 5000A. Electronic voting system use.
In any general, special, or primary elections, an electronic voting system must be used and must comply with the requirements of this chapter.
63 Del. Laws, c. 409, §  1;  82 Del. Laws, c. 170, § 34;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5002A. Compliance guarantee.

§ 5002A. Compliance guarantee.
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.
63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §  5;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5003A. Use of voting devices; costs in municipal elections.

§ 5003A. Use of voting devices; costs in municipal elections.
Electronic voting devices may be used throughout this State in all primary, general and special elections and in all municipal elections in all incorporated cities and towns of this State. In the event no contest exists, in municipal elections voting devices shall not be required. Voting devices may be used in elections held under Title 14. Incorporated cities or towns may use voting devices in the custody of the Department upon payment of all costs and expenses incident to their use.
63 Del. Laws, c. 409, §  1;  79 Del. Laws, c. 275, §  82;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5004A. Number of voting devices per election district.

§ 5004A. Number of voting devices per election district.
(a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters or majority fraction thereof.
(b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device for every 800 registered voters or majority fraction thereof.
63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §§  6, 7;  74 Del. Laws, c. 411, §  23;  82 Del. Laws, c. 170, § 36;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5005A. Printing of ballots; distribution of ballots.

§ 5005A. Printing of ballots; distribution of ballots.
(a) [Repealed.]
(b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or other designation for each political party represented on the device must appear on the ballot.
(2) The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the voting device as the number of candidates to be elected to that office.
(3) Except as otherwise provided under this chapter, the names of all candidates nominated by a party for an office must always appear in the row or column containing generally the names of candidates nominated by the party for other offices.
(c) Official ballots for voting devices shall be prepared and furnished by the Department in the same manner as provided by law.
(d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically generated and displayed or which has the capability to generate and display multiple ballots.
63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §§  8-11;  74 Del. Laws, c. 168, §  13;  77 Del. Laws, c. 227, §  68;  79 Del. Laws, c. 275, §  83;  82 Del. Laws, c. 170, § 37;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5008A. Preparation of voting devices.

§ 5008A. Preparation of voting devices.
(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.
63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §§  13-17;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 170, § 40;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5010A. Inoperative voting devices.

§ 5010A. Inoperative voting devices.
If during the conduct of an election a voting device becomes inoperative, the election officers shall seal it in such manner as to prevent further voting thereon. The Department shall maintain and hold in readiness a reasonable number of extra voting devices to be supplied to election districts where a voting device has become inoperative, and the Department shall take reasonable steps to ensure rapid delivery in such event.
63 Del. Laws, c. 409, §  1;  82 Del. Laws, c. 170, § 41;
2023 Delaware Code › Title 15 - Elections › Chapter 50A. ELECTRONIC VOTING SYSTEMS › § 5012A. Audits; audit discrepancy procedure.

§ 5012A. Audits; audit discrepancy procedure.
(a) For purposes of this section, “audit” means counting by hand the votes on each paper ballot from a voting device and comparing the paper ballot totals to the totals kept by the voting device electronically.
(b) Within 48 hours of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall audit the results of 1 randomly selected voting device in each county and 1 randomly selected election district in the City of Wilmington.
(c) Within 60 days of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall conduct an audit of all such elections, as follows:
(1) The Department shall audit all results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington. An election district selected for audit under this paragraph (c)(1) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(2) of this section.
(2) The Department shall audit the results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington in 1 randomly selected statewide race. An election district selected for audit under this paragraph (c)(2) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(1) of this section.
(d) The Department shall conduct an audit under this section in public.
(e) Within 60 days of an audit under this section, the Department shall do all of the following:
(1) Publish a report containing the results of the audit conducted under this section.
(2) Post the report on the Department's website.
(f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a discrepancy, including all of the following:
(1) The thresholds that trigger the Department or others to take a specific action.
(2) The specific actions to be taken by the Department or others once a threshold is triggered.
(3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.
82 Del. Laws, c. 170, § 43;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter I. General Provisions › § 5101. Jurisdiction of Court.

§ 5101. Jurisdiction of Court.
The Superior Court shall have exclusive, original jurisdiction of offenses under this title and no prosecution for the violation of any section of this title shall be brought in any other court.
15 Del. C. 1953, §  5101;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter I. General Provisions › § 5102. Prosecution by Attorney General; duty to report violations.

§ 5102. Prosecution by Attorney General; duty to report violations.
(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.
19 Del. Laws, c. 39, §  53;  Code 1915, §  1810;  Code 1935, §  1899;  45 Del. Laws, c. 144, §  9;  45 Del. Laws, c. 148, §  9;  45 Del. Laws, c. 149, §  9;  15 Del. C. 1953, §  5102;  49 Del. Laws, c. 4, §  5;  79 Del. Laws, c. 275, §  84;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter I. General Provisions › § 5103. Irregularities or defects in election as a defense.

§ 5103. Irregularities or defects in election as a defense.
Irregularities or defects in the mode of noticing, canvassing, polling or conducting any election shall not be a defense to a prosecution for any violation of this title.
19 Del. Laws, c. 39, §  51;  Code 1915, §  1809;  Code 1935, §  1898;  15 Del. C. 1953, §  5103;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter I. General Provisions › § 5104. Honest belief as a defense.

§ 5104. Honest belief as a defense.
Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any fact tending to show that the accused honestly believed upon good reason that the vote complained of was a lawful one.
19 Del. Laws, c. 39, §  52;  Code 1915, §  1809;  Code 1935, §  1898;  15 Del. C. 1953, §  5104;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.

§ 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.
Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of the same, shall be fined not more than $200 or imprisoned not more than 2 years, or both.
45 Del. Laws, c. 144, §  8;  45 Del. Laws, c. 148, §  8;  45 Del. Laws, c. 149, §  8;  15 Del. C. 1953, §  5111;  79 Del. Laws, c. 275, §  85;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5112. Refusal of inspector or judge of election to serve; penalty.

§ 5112. Refusal of inspector or judge of election to serve; penalty.
Whoever, having been appointed an inspector or judge of election in any election district, refuses to serve shall be fined $50.
21 Del. Laws, c. 38, §  11;  Code 1915, §  1750;  Code 1935, §  1839;  15 Del. C. 1953, §  5112;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5113. Refusal of clerk of election to qualify or serve; penalty.

§ 5113. Refusal of clerk of election to qualify or serve; penalty.
Whoever, having been appointed a clerk of election, refuses to qualify or having qualified fails or refuses to perform any of the duties of the clerk of election's office shall be fined not less than $50 nor more than $100.
Code 1915, §  1677A;  28 Del. Laws, c. 92;  37 Del. Laws, c. 120;  Code 1935, §  1765;  42 Del. Laws, c. 115, §  13;  45 Del. Laws, c. 148, §  29;  45 Del. Laws, c. 149, §  29;  15 Del. C. 1953, §  5113;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5114. Improper conduct of printer of ballots and ballot envelopes; penalty.

§ 5114. Improper conduct of printer of ballots and ballot envelopes; penalty.
If the printer of the ballot or envelope or any person employed in printing the same:
(1) Knowingly gives or delivers or knowingly permits to be taken any ballots or envelopes by any person other than the department of elections for whom such ballots and envelopes are being printed; or
(2) Prints or causes or permits to be printed any ballot or envelope in any other form than the one prescribed by this title or with any other names thereon than those authorized by the department of elections or with the names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the department of elections,
he or she shall be fined not less than $100 nor more than $500 or imprisoned not less than 1 nor more than 5 years, or both.
19 Del. Laws, c. 37, §  10;  27 Del. Laws, c. 65;  Code 1915, §  1727;  Code 1935, §  1816;  15 Del. C. 1953, §  5115;  58 Del. Laws, c. 148, §  119;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5115. Improper use of ballot or envelope; penalty.

§ 5115. Improper use of ballot or envelope; penalty.
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.
19 Del. Laws, c. 37, §  30;  27 Del. Laws, c. 65, §  27;  Code 1915, §  1734;  Code 1935, §  1823;  15 Del. C. 1953, §  5116;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5116. Tampering with voting machines; penalties.

§ 5116. Tampering with voting machines; penalties.
Whoever before the opening of the election registers any vote on a voting machine or at any time tampers with, disarranges, defaces, impairs in any manner or destroys a voting machine or any part thereof, including the ballots on its face, shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.
19 Del. Laws, c. 37, §  13;  27 Del. Laws, c. 65, §  11;  Code 1915, §  1730;  Code 1935, §  1819;  15 Del. C. 1953, §  5117;  49 Del. Laws, c. 18, §  2;  58 Del. Laws, c. 148, §  120;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5117. Unauthorized entering of voting room; penalties.

§ 5117. Unauthorized entering of voting room; penalties.
(a) Whoever does not meet the qualifications of § 4933 of this title, and enters the voting room on the day of election other than to vote, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 30 days nor more than 2 years, or both.
(b) Whoever enters the voting room on the day of election for the purpose of disrupting the election shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 1 year nor more than 5 years.
21 Del. Laws, c. 38, §  15;  Code 1915, §  1754;  Code 1935, §  1843;  15 Del. C. 1953, §  5118;  57 Del. Laws, c. 181, §  71;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5118. Interference with election; penalties.

§ 5118. Interference with election; penalties.
(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.
19 Del. Laws, c. 37, §§  2, 17, 33;  19 Del. Laws, c. 39, §  14;  20 Del. Laws, c. 396, §§  3, 6;  21 Del. Laws, c. 38, §  16;  26 Del. Laws, c. 49;  27 Del. Laws, c. 65, §§  2, 15, 30;  Code 1915, §§  1740, 1741, 1755, 1757;  Code 1935, §§  1829, 1830, 1844, 1846;  15 Del. C. 1953, §  5119;  58 Del. Laws, c. 148, §  121;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5119. Feigning a physical disability to obtain assistance in voting; penalty.

§ 5119. Feigning a physical disability to obtain assistance in voting; penalty.
(a) Whoever, being an elector, feigns a physical defect or disability in order to be permitted to bring into the election room or voting booth another person, shall be fined $100 and shall be imprisoned not more than 2 years.
(b) Whoever, being an elector selected to assist any person by reason of such person's physical defects, reveals how such elector has voted or what persons were voted for by such elector on any ballot or gives any information concerning the appearance of any ballot voted, shall be fined $100 and imprisoned not less than 1 nor more than 3 years.
20 Del. Laws, c. 396, §  1;  27 Del. Laws, c. 65, §  20;  Code 1915, §  1739;  Code 1935, §  1828;  15 Del. C. 1953, §  5121;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5120. Secreting person in election room; penalty.

§ 5120. Secreting person in election room; penalty.
Whoever, other than the election officers, secretes or attempts to secrete himself or herself in any part of the polling room during the hours of the election for any purpose whatsoever, shall be fined not less than $100 and may be imprisoned not more than 1 year.
20 Del. Laws, c. 396, §  12;  Code 1915, §  1758;  Code 1935, §  1847;  15 Del. C. 1953, §  5122;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5121. Removal or destruction of election supplies or equipment or voting machines; penalty.

§ 5121. Removal or destruction of election supplies or equipment or voting machines; penalty.
(a) Whoever, during the general election:
(1) Removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling the voter to prepare that voter's ballot; or
(2) Removes, tears down or defaces the cards printed for the instruction of the voters; or
(3) Destroys or removes any booth, railing or other conveniences provided for such election; or
(4) Tampers with, disarranges, defaces or impairs in any manner the use of or destroys any voting machine or the ballots on the face of a voting machine;
shall be imprisoned not less than 6 months nor more than 1 year.
(b) Whoever induces or attempts to induce any person to commit any of the acts described in subsection (a) of this section, whether or not any such acts are committed or attempted to be committed shall be imprisoned not less than 6 months nor more than 1 year.
19 Del. Laws, c. 37, §  36;  27 Del. Laws, c. 65, §  33;  Code 1915, §  1759;  Code 1935, §  1848;  15 Del. C. 1953, §  5123;  49 Del. Laws, c. 18, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5122. Disclosures by election officers; penalty.

§ 5122. Disclosures by election officers; penalty.
Whoever, being an election officer:
(1) Reveals to any person how any elector has voted or what persons were voted for by any elector on any ballot; or
(2) Gives any information concerning the appearance of any ballot voted or envelope used;
shall be fined not more than $500 and imprisoned not less than 2 nor more than 5 years.
20 Del. Laws, c. 396, §  11;  27 Del. Laws, c. 396, §  11;  Code 1915, §  1760;  Code 1935, §  1849;  15 Del. C. 1953, §  5124;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5123. Intimidation, persuasion or bribery by election officer; penalty.

§ 5123. Intimidation, persuasion or bribery by election officer; penalty.
Whoever, being an election officer:
(1) In any manner attempts to influence, persuade, intimidate, bribe or coerce any voter in the marking of the voter's ballot, or in the making of the choice of the persons for whom the voter votes; or
(2) Discloses the manner in which any person has voted;
shall be deemed to have knowingly and wilfully violated the election officer's own official duty, shall be guilty of wilful and deliberate perjury, and, in addition to the penalties and disabilities annexed to such crime, be fined not more than $500 and may be imprisoned not more than 2 years.
19 Del. Laws, c. 37, §  25;  27 Del. Laws, c. 65, §  22;  Code 1915, §  1761;  Code 1935, §  1850;  15 Del. C. 1953, §  5125;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5124. Inducing the making of distinguishing mark on ballot; penalty.

§ 5124. Inducing the making of distinguishing mark on ballot; penalty.
Whoever induces or attempts to induce any elector to write, paste or otherwise place on that elector's own ballot the name of any person, or any sign or device of any kind, as a distinguishing mark by which to indicate to any other person how such elector has voted; or whoever enters into or attempts to form any agreement or conspiracy with any other person to induce or attempt to induce any elector to so place any distinguishing mark or name on that elector's own ballot, whether or not such act be committed or attempted to be committed; shall be imprisoned not more than 2 years.
19 Del. Laws, c. 37, §  34;  27 Del. Laws, c. 65, §  31;  Code 1915, §  1762;  Code 1935, §  1851;  15 Del. C. 1953, §  5126;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5125. Inducing election officers to violate election laws; penalty.

§ 5125. Inducing election officers to violate election laws; penalty.
Whoever induces or attempts to induce any election officers to violate any of the provisions of this title whether or not such election officers violate or attempt to violate any of such provisions shall be imprisoned not more than 5 years.
27 Del. Laws, c. 65, §  32;  Code 1915, §  1763;  Code 1935, §  1852;  15 Del. C. 1953, §  5127;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5126. Violations by officials; penalty.

§ 5126. Violations by officials; penalty.
Whoever, being a clerk of the peace, an official, or other individual as designated in this title, wilfully violates this title in the performance of any duty imposed upon him or her for the violation of which no other punishment is provided by law, shall be fined not less than $300 nor more than $500 and may be imprisoned not more than 3 years.
20 Del. Laws, c. 396, §  13;  27 Del. Laws, c. 65, §  28;  Code 1915, §  1787;  Code 1935, §  1876;  15 Del. C. 1953, §  5128;  57 Del. Laws, c. 181, §  73;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5127. Bribery of person expecting to be election or registration officer; penalty.

§ 5127. Bribery of person expecting to be election or registration officer; penalty.
Whoever bribes or attempts to bribe anyone expecting to hold any official position under the election or registration laws of this State, either as registrar, inspector, judge or otherwise, by giving money or the promise of money, office or the promise of office or position either under the state or federal government, to perform any service for any political party in this State or to favor any candidate for political office shall be fined not more than $1,000 and may be imprisoned not more than 6 months.
19 Del. Laws, c. 575;  Code 1915, §  1788;  Code 1935, §  1877;  15 Del. C. 1953, §  5129;