reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7546. Definitions.

§ 7546. Definitions.
For the purposes of this subchapter, the following terms shall have the meanings described herein:
(1) “Clerk of the Peace” shall mean the Clerk of the Peace for New Castle County.
(2) “County” shall mean New Castle County.
(3) “County Council” shall mean the New Castle County Council.
(4) “County Executive” shall mean the New Castle County Executive.
(5) “Parcel” shall have the meaning set forth in § 101A(c)(4) of Title 22.
(6) “Territory” shall have the meaning set forth in § 101A(c)(6) of Title 22.
66 Del. Laws, c. 135, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7552. Complaint procedure; pre-election activity.

§ 7552. Complaint procedure; pre-election activity.
(a) A citizen of the municipality may submit a written complaint, regarding any aspect of pre-election activity that is contrary to the provisions of subchapters IV and V of this chapter, to the municipality's Board of Elections. The complainant shall state with specificity the action or activity that is contrary to the provisions of subchapters IV and V of this chapter. The municipal Board of Elections shall meet in a special public meeting held as soon as practicable in compliance with the Delaware Freedom of Information Act (Chapter 100 of Title 29), but in no event later than 10 days following receipt of the complaint to determine if the complaint has any merit. Within 24 hours of the special public meeting, the municipal Board of Elections shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. The Board of Elections shall immediately make its decision available to the public. If the municipality's Board of Elections fails to meet and issue a written decision within the time frames set forth herein, the citizen may file the complaint directly with the State Election Commissioner. Such complaints shall be heard in accordance with paragraph (b) of this section hereunder.
(b) Decisions and orders of a municipal Board of Elections may be appealed to the State Election Commissioner in writing within 2 business days of the Board's decision and order. The State Election Commissioner shall take testimony at a special public hearing that the Commissioner conducts within 4 business days following receipt of the appeal. The Commissioner shall hold the hearing in accordance with the Administrative Procedures Act (Chapter 101 of Title 29) except as provided in this section. The Commissioner shall give 48 hours prior notice to all parties to such special public hearing in lieu of the notice provisions of § 10122 of Title 29. Notice of the hearing shall be posted as well as published on the Commissioner's website in lieu of the notice provisions of § 10124 of Title 29. No later than 2 business days following the hearing, the Commissioner shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. Decisions of the Commissioner may be appealed in writing to Superior Court no less than 48 hours before the date of the election.
(c) Notwithstanding the foregoing, at the option of the complainant, that complainant may elect to appeal the decision of the municipal Board of Elections in writing to the Superior Court no less than 48 hours before the date of the election.
75 Del. Laws, c. 342, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  2;  77 Del. Laws, c. 409, §  4;  78 Del. Laws, c. 248, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7553. Notices; posting; publishing; deadlines, election calendar.

§ 7553. Notices; posting; publishing; deadlines, election calendar.
(a) For each election of members of the municipal government, a municipality shall post a Notice of Election conspicuously within the municipality no later than 20 days prior to the date of the election. Such notice shall include the date, time and location of the election, the candidates for each office on the ballot and the qualifications to vote in the election. In municipalities that allow nonresident voting, those municipalities may notify the electorate by any appropriate means, such means to be stated in the municipality's charter or code.
(b) For each election of members of the municipal government, a municipality shall post a Notice of Solicitation of Candidates conspicuously within the municipality 20 days prior to the filing deadline for the offices up for election. Such notice shall include the term or terms of each office up for election, the deadline and procedure for declaring candidacy for an office up for election and the qualifications for holding each office.
(c) For any municipal election where subchapters IV or V of this chapter or the municipality permits absentee ballots, all notices required by this section shall include information about how to obtain an absentee ballot.
(d) A municipality shall post the notices required by this section, at minimum, in compliance with the Delaware Freedom of Information Act, Chapter 100 of Title 29.
(e) A municipality shall post all election notices on its website if the municipality has a website.
(f) Within 3 business days of posting election notices pursuant to subsections (a) and (b) of this section, a municipality shall provide a copy of each election notice to the Department of Elections. The Department of Elections may reject any election notice that is filed late or that is materially incorrect. If such rejection results in the violation of subsection (a) or (b) of this section, the municipality shall reschedule the election in accordance with this section.
75 Del. Laws, c. 342, §  2;  77 Del. Laws, c. 409, §  5;  78 Del. Laws, c. 248, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7554. Voter eligibility.

§ 7554. Voter eligibility.
(a) Voter eligibility shall be as specified within the town charter; provided however, that in no event shall a municipality impose a durational residency requirement in excess of 30 days.
(b) A municipality that uses the State's Voter Registration System as the source of its list of registered voters must enter into a written agreement with the Department of Elections that specifies the responsibilities of each party registering voters, maintaining voter records and providing Election Day support. The deadline for voter registration shall be no more than 30 days prior to any scheduled municipal election, and timeliness shall be determined in accordance with § 2036(1) and (2) of this title.
(c) A municipality that maintains its own voter registration system shall publish and post a schedule of when eligible citizens may register to vote. The deadline for voter registration shall be no more than 30 days prior to any scheduled municipal election, and timeliness shall be determined in accordance with § 2036(1) and (2) of this title. The municipality shall provide eligible citizens a reasonable opportunity to register to vote.
(d) Persons appearing to vote shall present proof of identity and address. The identification shall be 1 or more of the following items that individually or together show the identity and address of the person:
(1) A current State of Delaware driver's license or ID card;
(2) A uniformed service ID card;
(3) Another current photo ID issued by the State of Delaware; U.S. Government; the voter's employer, high school or higher education institution;
(4) A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or statement;
(5) A lease or sales agreement; and/or
(6) Any other documentation that a person can reasonably and commonly accept as proof of identity and address.
(e) Personal recognition by a majority of the Election Officers in the polling place can attest to a voter's identity and address.
75 Del. Laws, c. 342, §  2;  80 Del. Laws, c. 388, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7556. Election Officers; appointment; responsibilities; training.

§ 7556. Election Officers; appointment; responsibilities; training.
Unless otherwise provided by town charter or code:
(1) The municipality shall have sufficient Election Officers to conduct the elections.
(2) The Inspector shall be the chief Election Officer in the polling place.
(3) The Inspector shall determine all challenges and all other issues involving the conduct of the election at the polling place. The Board of Elections may provide advice and guidance to the Election Officers.
(4) Election Officers individually and collectively shall conduct elections in a fair and equal manner.
(5) Election Officers who violate the provisions of subchapters IV or V of this chapter shall be removed forthwith by the Board of Elections.
75 Del. Laws, c. 342, §  2;  76 Del. Laws, c. 52, §  1;  77 Del. Laws, c. 409, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7557A. Complaint procedure; unlawful election activity altering result of election.

§ 7557A. Complaint procedure; unlawful election activity altering result of election.
(a) A citizen of a municipality may submit a written complaint to the State Election Commissioner regarding any aspect of that municipality's election activity that is contrary to state or federal law which altered or is reasonably likely to have altered the result of the election. Such complaint shall be filed no later than 20 days after the result of the municipal election shall have been certified by the municipality's Board of Elections. The complaint shall state with particularity:
(1) The action or activity that is contrary to state or federal law; and
(2) The specific basis for the complainant's belief that such activity altered or is reasonably likely to have altered the result of the election.
(b) The State Election Commissioner shall review the complaint and such other materials as he or she deems necessary or appropriate. If, following such review, the Commissioner determines there is reasonable probability that conduct in violation of state or federal law altered or is reasonably likely to have altered the result of the election, then the Commissioner shall file suit in Superior Court on behalf of the complainant to invalidate the result of the election or such other relief as shall be appropriate.
78 Del. Laws, c. 248, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7558. Election results; recounts; contests.

§ 7558. Election results; recounts; contests.
(a) A person certified as being elected shall not take office before the seventh day following certification of the election.
(b) The municipal Board of Elections shall announce the results of an election as soon as possible following the close of the polls.
(c) The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office.
(d) No later than 48 hours following the closing of the polls, the municipal Board of Elections shall convene within to determine the result of the election and certify the name of the winning candidates.
(e) If, following certification of the election and the resolution of any contest, there is a tie vote for a municipal office, then the State Election Commissioner shall order a new election in which only the candidates or positions tied will be on the ballot, unless the laws of the municipality otherwise provide. The municipality shall conduct the special election in accordance with this subchapter; provided, however, that the Department of Elections shall defray the cost of such election up to a cap of $2,500.
(f) The municipal Board of Elections, following certification of the election and the resolution of any contest, shall audit the election records in order to reconcile the number of voters who cast ballots as compared to the number of voters who returned absentee ballots and voted on voting machines. The results of this audit shall be reported to the municipality's chief executive and be made available for public review.
(g) Sections 5941 through 5955 of this title apply to election contests within municipalities. For purposes of this subsection, the words “county, district or hundred” as used in § 5941 of this title shall mean “municipality” and the words “board of canvass” as used throughout §§ 5941 through 5955 of this title shall mean “municipal Board of Elections.”
75 Del. Laws, c. 342, §  2;  76 Del. Laws, c. 52, §  1;  78 Del. Laws, c. 248, §  5;  82 Del. Laws, c. 170, § 57;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter IV. Municipal Elections Except for the City of Wilmington › § 7559. Transition.

§ 7559. Transition.
(a) This subchapter shall apply to elections held after June 30, 2007.
(b) The State Election Commissioner shall promulgate all forms required by 75 Del. Laws, c. 342 by April 30, 2007.
75 Del. Laws, c. 342, §  2;  76 Del. Laws, c. 52, §  1;  77 Del. Laws, c. 227, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7570. Purpose of subchapter; scope.

§ 7570. Purpose of subchapter; scope.
It is the purpose and intent of the General Assembly in enacting this subchapter to provide those qualified electors of municipalities governed under subchapter IV of this chapter who are unable to appear at a municipal election to cast their ballots with the ability to cast a ballot to be counted in the total for the municipal election.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7571. Persons eligible to vote by absentee ballot.

§ 7571. Persons eligible to vote by absentee ballot.
Any person qualified under the provisions of a municipal charter to vote by absentee ballot in any municipal election held in that municipality (“elector”) may vote by absentee ballot for any reason authorized by that municipality's charter or ordinances and for any of the following reasons:
(1) Because such person is in the public service of the United States or of this State, or is a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or such person's spouse or dependents when residing with or accompanying the person, or is absent from this State because of illness or injury received while serving in the armed forces of the United States; or
(2) Because such person is in the armed forces of the United States or the Merchant Marines of the United States, or attached to and serving with the armed forces of the United States in the American Red Cross or United Service Organizations; or
(3) Because of the nature of such person's business or occupation, including the business or occupation of providing care to a parent, spouse or that person's child who is living at home and requires constant care due to illness or injury; or
(4) Because such person is sick or physically disabled; or
(5) Because such person is absent from the municipality while on vacation; or
(6) Because such person is unable to vote at a certain time or on a certain day due to the tenets or teachings of that person's religion.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7572. Request for ballot; statement for absentee ballots; delivery of absentee ballots.

§ 7572. Request for ballot; statement for absentee ballots; delivery of absentee ballots.
(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the municipality where the elector is qualified to vote by filing a written statement with the municipality no later than 12:
00 noon the day before the election.
(b) A statement may be filed pursuant to this section by mailing it, delivering it, or causing it to be delivered to the municipality where the elector is qualified to vote.
(c) Statements filed pursuant to this section shall:
(1) Indicate the election or elections for which the elector is requesting an absentee ballot;
(2) Include at least the following information:
a. The elector's name;
b. The address within the municipality at which the elector establishes eligibility to vote;
c. The address to which the elector requests that the absentee ballot be mailed;
d. The elector's date of birth;
e. The elector's expected location on election day;
f. The reason that the elector cannot appear at the regular polling place on the day of the election which reason shall be any of the reasons listed in § 7571 of this title.
g. A telephone number, if available, to assist in resolving any challenge;
h. An e-mail address, if available, to assist in resolving any challenge; and
i. The elector's signature;
(3) Be subscribed and sworn to by the elector.
(d) [Repealed.]
(e) The State Election Commissioner shall create an absentee statement template that municipalities shall use in creating their own absentee statement by adding additional reasons that a person may vote by absentee ballot. The State Election Commissioner shall also designate envelopes and create a set of instructions for voters casting their votes by absentee ballot that municipalities may use to comply with the provisions of this subchapter.
(f) The municipality may adopt a printed or electronic statement form (or both), containing blanks associated with each item required by this section to be listed on a statement, which may be completed by any elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request to the municipality for the municipality prepared statement form, which the municipality shall forward to the elector upon receipt of a request therefore.
76 Del. Laws, c. 52, §  2;  77 Del. Laws, c. 227, §  2;  81 Del. Laws, c. 419, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7573. Distribution of ballots, envelopes, and instructions; envelope specifications; prepaid postage.

§ 7573. Distribution of ballots, envelopes, and instructions; envelope specifications; prepaid postage.
(a) Upon receipt of a statement from an elector pursuant to § 7572 of this title, the municipality shall process the same and confirm that the elector qualifies for an absentee ballot pursuant to § 7571 of this title.
(b) Not more than 60 nor less than 4 days prior to an election, and within 3 days after the absentee ballots, envelopes, and instructions therefore become available, the municipality shall mail, to each elector who requests and qualifies for an absentee ballot pursuant to § 7571 of this title, the following:
(1) An absentee ballot for the municipal election in which the elector is qualified to vote;
(2) Instructions for completing the absentee ballot and returning it to the municipality, marked “INSTRUCTIONS FOR COMPLETING AND RETURNING AN ABSENTEE BALLOT”; and
(3) An envelope marked “BALLOT ENVELOPE”, which shall be:
a. Of the type known as a security mailing envelope, designed to securely protect the contents thereof from tampering, removal, or substitution without detection;
b. Large enough to carry the ballot; and
c. Addressed for return to the municipality where the elector is qualified to vote.
(c) Postage for all mailings made pursuant to this subsection shall be prepaid by the municipality.
(d) Nothing contained in this section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto when the request is made less than 4 days prior to the election.
76 Del. Laws, c. 52, §  2;  81 Del. Laws, c. 419, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7574. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit of eligibility.

§ 7574. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit of eligibility.
(a) The municipality shall provide to each elector to whom it sends an absentee ballot an envelope which shall be:
(1) A color other than white;
(2) Large enough to hold a completed ballot; and
(3) Designed to protect its contents from tampering, removal or substitution without detection.
(b) Upon each envelope provided pursuant to this section shall appear:
(1) The words “BALLOT ENVELOPE”;
(2) An alpha-numeric symbol and/or barcode for use in accounting for the absentee ballot;
(3) Identification information for the elector receiving the absentee ballot, including:
the name of the municipality where the elector is qualified to vote; the elector's name; the elector's mailing address; the address within the municipality that establishes the elector's eligibility to vote if different from the elector's mailing address; and such other information as the municipality may require; and
(4) The following oath:
“I do solemnly swear (affirm) that to the best of my knowledge I am eligible to vote in this municipal election and that the address that appears on the label on this envelope is the address at which I am qualified to vote in this municipal election. I also do solemnly swear (affirm) under penalty of perjury that I have not received or accepted, or offered to receive or accept, any money or other item of value as compensation, inducement or reward for the giving or withholding of a vote at this municipal election, nor that I am acting under duress or threat of duress or harm.”
(5) The voter's signature.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7575. Voting procedure; execution of affidavit; return of ballot.

§ 7575. Voting procedure; execution of affidavit; return of ballot.
The procedure for completing an absentee ballot and returning it to the municipality is as follows:
(1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it with the elector's selections and shall place the completed ballot in the envelope marked “BALLOT ENVELOPE.”
(2) The elector shall confirm that the information about that elector on the ballot envelope is correct and then sign the self-administered oath.
(3) The elector shall then seal the ballot envelope.
(4) The elector shall return the sealed ballot envelope to the municipality by:
a. Depositing it in a United States postal mailbox, thereby mailing it to the municipality issuing the ballot; or
b. Delivering it, or causing it to be delivered, to the municipality before the polls close on the day of the election.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7576. Time limit for return of ballot; late ballots.

§ 7576. Time limit for return of ballot; late ballots.
(a) Each municipality shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received by the municipality.
(b) Notwithstanding any other provision of this chapter, for an absentee ballot to be counted pursuant to this chapter, an elector voting by absentee ballot shall return the elector marked ballot to the municipality where the elector is qualified to vote before the polls close on the day of the election.
(c) Each municipality shall retain unopened any ballot envelope it receives after the polls close on the day of the election for 60 days after the election, or longer if directed by proper authority or required to do so by federal law.
76 Del. Laws, c. 52, §  2;  77 Del. Laws, c. 152, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7577. Procedure on receipt of ballot envelope by municipality.

§ 7577. Procedure on receipt of ballot envelope by municipality.
(a) Upon receipt of a ballot envelope the municipality, or a person authorized by the municipality, shall:
(1) Ascertain the names of each elector as they appear on the face of each ballot envelope;
(2) Ascertain from the information on the ballot envelope the municipal election district with whose votes the ballot within it shall be tallied; and
(3) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is counted.
(b) No agent or employee of the municipality shall open or attempt to open the ballot envelope, or change or alter or attempt to change or alter the ballot envelope, or any writing, printing or anything whatsoever thereon.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7579. Preparing absentee ballots to be counted.

§ 7579. Preparing absentee ballots to be counted.
Notwithstanding any other provision of this chapter, the board of election of any municipality may open absentee ballot envelopes in a public meeting in order to prepare them to be counted. Such meeting shall take place, upon proper notice, at any time between 8:
00 a.m. of the day prior to the election and up to 1 hour before the polls are scheduled to open. The municipality shall notify each candidate on the ballot that they may have challengers at the meeting during which the board of election opens the absentee ballots. At such meeting, the board of elections shall act in accordance with the same procedures as set out in § 7578(1), (2), (3), and (5)(a) through (d) of this title inclusive, with the exception that the absentee ballot judges shall not proceed to tally the votes for any group of ballots but shall then secure such ballots, ballot envelopes, and any rejected ballot envelopes in a carrier envelope along with the log sheet showing the serial number of the log sheet. The absentee ballot judges shall then seal the carrier envelope or envelopes and deliver it/them to the board of elections. The board of elections shall then secure the carrier envelope or envelopes in locked cabinets until opened at a subsequent public meeting to tally the ballots on the day of the election in accordance with § 7578(4) and (6) through (10) of this title.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7580. Carrier envelope specifications; carrier envelopes as ballot boxes.

§ 7580. Carrier envelope specifications; carrier envelopes as ballot boxes.
(a) The municipality shall purchase envelopes to be used as carrier envelopes, which shall be security mailing envelopes, designed to securely protect the contents thereof from tampering, removal, or substitution without detection and shall be large enough to accommodate multiple absentee ballots cast in the election.
(b) Carrier envelopes shall:
(1) For all purposes of this title be considered the official ballot boxes for absentee votes cast during a given election;
(2) Contain voted absentee ballots from a municipality;
(3) Be labeled to reflect the municipality whose absentee ballots are held inside; and
(4) Ensure the security of said ballots in the event they must be moved for the purposes of certifying an election or recounting votes cast in an election.
(c) A sealed carrier envelope may be reopened only when necessary to certify an election or recount votes cast in an election.
(d) In the event the municipality must move absentee ballots for the purposes of certifying an election, or recounting votes cast in an election, it shall select the carrier envelopes for the affected municipal election districts and move them, in a secure fashion, to the location where the carrier envelopes will be opened and the votes inside inspected.
(e) Upon completion of any inspection of votes pursuant to this subsection, absentee ballots shall be returned to the carrier envelopes from which they were removed and the carrier envelopes shall be:
(1) Resealed in a secure manner, or shall be placed in another security envelope, for the purposes of securely protecting the contents thereof from tampering, removal, or substitution without detection; and
(2) Put the carrier envelope in a secure location until such time it is needed for a recount, legal action, or is to be destroyed as provided in this chapter.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7581. Challenges.

§ 7581. Challenges.
(a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters.
(b) In addition, the vote of an absentee voter may be challenged:
(1) On the ground that the statement filed by the voter in compliance with § 7572 of this title is false; or
(2) On the ground that the self-administered statement on the ballot envelope is not signed.
(c) If a challenge is made pursuant to subsection (a) of this section, an absentee judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED”, and shall set the envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. If a challenge is made pursuant to subsection (b) of this section, an absentee judge shall mark the ballot envelope as “CHALLENGED” and shall set it aside in a secure location for consideration at a later time as provided elsewhere in this title.
(d) All challenges to absentee ballots must be resolved before the counting of votes may be considered complete. Any challenge not resolved by the absentee judges within a reasonable time of the challenge having been made shall be referred to the board of elections for the municipality for resolution.
76 Del. Laws, c. 52, §  2;  81 Del. Laws, c. 419, § 4;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7582. Rejected ballots.

§ 7582. Rejected ballots.
(a) No vote shall be accepted or counted if:
(1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or
(2) The absentee voter is not a duly qualified elector entitled to vote in the municipality;
(3) The ballot envelope is open; or
(4) It is evident that the ballot envelope has been opened and resealed;
(5) It is evident that the ballot envelope has been tampered with or altered.
(b) If the ballot envelope has not been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED”, giving reason therefore.
(c) If the ballot envelope has been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, the ballot shall be returned to its ballot envelope and the absentee judge shall endorse on the ballot envelope, “REJECTED”, giving reason therefore.
(d) Whenever it is made to appear by due proof to an absentee judge that any absentee voter, who has marked and forwarded the absentee voter's ballot, has died, the ballot envelope containing the ballot shall not be opened but shall be marked “REJECTED, DEAD”, and shall be preserved and disposed of as other rejected ballots.
(e) Whenever a ballot has not been counted but has been rejected pursuant to this section, the appropriate notation shall be made on the absentee ballot tally and the number of ballots so rejected shall be noted on the certificates of election.
(f) Ballots rejected pursuant to this section shall be deposited in a carrier envelope for the municipal election district to which they apply.
76 Del. Laws, c. 52, §  2;  81 Del. Laws, c. 419, § 5;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7583. Validity of absentee voter's ballot for wrong municipal election district.

§ 7583. Validity of absentee voter's ballot for wrong municipal election district.
If an absentee voter marks and returns an absentee ballot for a municipal election district other than the 1 of which the absentee voter is a duly registered elector, such ballot, because thereof, shall not be adjudged invalid, but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the municipal election district.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7584. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.

§ 7584. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.
If any request for an absentee ballot and accompanying envelopes, or any marked ballot of any such elector are addressed to and returned to any official other than the proper official of the municipality where the elector is qualified to vote, then the official shall immediately transfer such request or returned marked ballot to the proper officer of the municipality where the elector is qualified to vote, to be acted upon by the municipality as provided by this subchapter.
76 Del. Laws, c. 52, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter V. Absentee Voting in Municipal Elections Except for the City of Wilmington › § 7585. File of absentee voters.

§ 7585. File of absentee voters.
(a) The municipality shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries:
(1) The name of elector;
(2) The address at which the elector establishes eligibility to vote;
(3) The address where ballot is to be mailed;
(4) The date the statement is received by the municipality;
(5) The elector's municipal election district, if applicable;
(6) The ballot envelope identification number;
(7) The date the ballot is mailed or delivered to the elector; and
(8) The date the ballot is returned.
(b) The municipality shall compile from its files a list of names and addresses of all applicants for absentee ballots, and shall, upon request, send current and complete copies thereof without cost to candidates on the ballot in the forthcoming election. Such lists shall be provided no later than 2 weeks prior to the date of the election.
76 Del. Laws, c. 52, §  2;  81 Del. Laws, c. 419, § 6;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7701. Date of election of delegates; proclamation.

§ 7701. Date of election of delegates; proclamation.
Whenever the Congress of the United States proposes an amendment to the Constitution of the United States and proposes that the same shall be valid when ratified by conventions in three fourths of the several States, the Governor of this State shall fix by proclamation the date of an election for the purpose of electing delegates to such convention of this State. Such election may be either at a special election or may be held at the same time as a general election or special, but shall be held at least as soon as the next general election occurring more than 3 months after the amendment has been proposed by the Congress.
38 Del. Laws, c. 5, §  1;  Code 1935, §  6206;  15 Del. C. 1953, §  7701;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7702. Qualification of voters.

§ 7702. Qualification of voters.
(a) If the election of delegates is held at the same time as a general election, all persons qualified to vote at such general elections for representatives to the General Assembly of this State shall be entitled to vote.
(b) If such election is held at a time other than at the same time as a general election, all persons qualified to vote for representatives to the General Assembly of this State at the last general election next preceding such special election shall be entitled to vote.
38 Del. Laws, c. 5, §  2;  Code 1935, §  6207;  15 Del. C. 1953, §  7702;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7703. Registration.

§ 7703. Registration.
(a) If the election of delegates is to be held at a date other than the date of a general election, there shall be 1 or more registration days prior to such election. The Governor shall fix the date or dates of such registration and shall include an announcement of the registration dates in the Governor's proclamation, fixing the date of the election. No registration shall be held within 10 days next prior to such special election.
(b) On the registration day or days persons whose names are not on the list of registered voters established by law for the last general election may apply for registration, and on such registration day or days applications may be made to strike from the registration list names of persons on such list who are not eligible to vote at such election.
38 Del. Laws, c. 5, §  2;  Code 1935, §  6207;  15 Del. C. 1953, §  7703;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7704. Election, how conducted; results, how ascertained.

§ 7704. Election, how conducted; results, how ascertained.
(a) Except as otherwise provided in this chapter, the election of delegates must be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of electors of President and Vice President in this State during elections in which subchapter I of Chapter 43A of this title does not govern.
(b) The Governor shall, without delay, examine the certificates and ascertain the delegates to such convention chosen and make known the same by proclamation and cause notice to be given to each delegate so elected of the delegate's election as a delegate. All provisions of the laws of this State relative to elections, except as far as inconsistent with this chapter, shall be applicable to such election.
38 Del. Laws, c. 5, §  3;  Code 1935, §  6208;  15 Del. C. 1953, §  7704;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 7, § 5;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7705. Number and residence of delegates.

§ 7705. Number and residence of delegates.
The number of delegates to be chosen to such convention shall be 17, to be elected from the State at large. Seven of such delegates shall be residents of New Castle County, 5 of such delegates shall be residents of Kent County, and 5 of such delegates shall be residents of Sussex County.
38 Del. Laws, c. 5, §  4;  Code 1935, §  6209;  15 Del. C. 1953, §  7705;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7706. Qualifications of delegates; nomination by petition.

§ 7706. Qualifications of delegates; nomination by petition.
Candidates for the office of delegate to the convention shall be citizens and qualified voters of this State. Nominations shall be by petition and not otherwise. A single petition may nominate any number of candidates not exceeding the total number of delegates to be elected from each county, and all candidates on any such petition shall be residents of the same county and shall reside in the county which said candidates propose to represent at such convention and every such petition shall be signed by not less than 100 persons who are qualified voters of the county wherein such candidates reside. Nominating petitions shall be filed with the Department. Nominations shall be without party or political designation, but the nominating petitions shall contain a statement as to each nominee to the effect that the nominee favors ratification or that the nominee opposes ratification or that the nominee remains uncommitted to either ratification or rejection of the proposed amendment to the Constitution of the United States, and no nominating petition shall contain the name of any nominee whose position as stated therein is inconsistent with that of the position of any other nominee as stated therein.
38 Del. Laws, c. 5, §  5;  Code 1935, §  6210;  15 Del. C. 1953, §  7706;  61 Del. Laws, c. 480, §  23;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  102;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7707. Determination of nominations.

§ 7707. Determination of nominations.
The sixteenth day before the day fixed for the holding of the election of delegates shall be the last day for the filing of nominating petitions with the Department or, if such sixteenth day falls upon a Sunday or a legal holiday, the day following shall be the last day for the filing of such nominating petitions, and thereafter nominations for the office of delegate to such convention shall be closed. After the closing of such nominations, the Department shall forthwith count and determine the number of signatures which each candidate for nomination as delegate to such convention has obtained upon the candidate's or the Department's nominating petition or petitions. In making such count and determination, the Department shall only count the signatures of those persons who are qualified voters of the county which the candidates propose to represent at such convention. A signature to such nominating petition shall be prima facie evidence that the person purporting to sign the same did actually sign the same and that such person is a qualified voter of the same county as the county of residence of the candidate or candidates whose names appear in such nominating petition, and all signatures to such nominating petitions shall be counted by the Department, unless, within 5 days after the closing of nominations, evidence satisfactory to the Department shall have been produced before him or her that a person whose name purports to have been signed to a nominating petition is either a fictitious person or not a qualified voter of the county of residence of the candidate or candidates whose nominating petition the person purports to have signed. After the closing of nominations all nominating petitions shall be open to the inspection of any qualified voter of the county in which such petitions have been filed.
38 Del. Laws, c. 5, §  6;  Code 1935, §  6211;  15 Del. C. 1953, §  7707;  61 Del. Laws, c. 480, §  23;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  102;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7708. What nominations shall be effective.

§ 7708. What nominations shall be effective.
No nominations shall be effective except those of the 7 candidates from New Castle County in favor of ratification, the 7 candidates from New Castle County against ratification and the 7 candidates from New Castle County not committed to either ratification or rejection of the proposed amendment, the 5 candidates from Kent County in favor of ratification, the 5 candidates from Kent County against ratification and the 5 candidates from Kent County not committed to either ratification or rejection of the proposed amendment, the 5 candidates from Sussex County in favor of ratification, the 5 candidates from Sussex County against ratification and the 5 candidates from Sussex County not committed to either ratification or rejection of the proposed amendment, whose nomination petitions have respectively been signed by the largest number of qualified persons, ties to be decided by lot drawn by the Department.
38 Del. Laws, c. 5, §  7;  Code 1935, §  6212;  15 Del. C. 1953, §  7708;  61 Del. Laws, c. 480, §  23;  79 Del. Laws, c. 275, §  102;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7709. What nominations shall be effective

§ 7709. What nominations shall be effective38 Del. Laws, c. 5, §  8;  Code 1935, §  6213;  15 Del. C. 1953, §  7709;  61 Del. Laws, c. 480, §  23;  repealed by 79 Del. Laws, c. 275, § 102, eff. July 1, 2015.;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7710. Alternates.

§ 7710. Alternates.
Candidates for nomination not nominated as provided in §§ 7706-7708 of this title shall be deemed to be alternates to the nominees in their respective groups in the order of the number of signatures which they have respectively received upon their nominating petitions and in the event of the death, resignation or removal of any nominee, the first alternate shall take his or her place as nominee, and so on, ties to be decided by lot drawn by the Department. In the event of the death, resignation or removal of any nominee after the printing of the ballots for such election, the Department shall provide the election officers of each election district with a number of pasters containing only the name of such nominee, at least equal to the number of ballots provided for each election district and the clerks of election shall put 1 of such pasters in a careful and proper manner in the proper place on each ballot before they shall deliver the same to voters.
38 Del. Laws, c. 5, §  9;  Code 1935, §  6214;  15 Del. C. 1953, §  7710;  61 Del. Laws, c. 480, §  23;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  102;