reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5506. Instructions for completing absentee ballots.

§ 5506. Instructions for completing absentee ballots.
The Attorney General shall prepare a list of instructions to assist an elector voting by absentee ballot in properly marking and returning the elector's ballot pursuant to this chapter. These instructions shall be known and marked as “INSTRUCTIONS FOR COMPLETING AND RETURNING AN ABSENTEE BALLOT.” Before each election the Attorney General shall deliver a copy of the instructions to the Department in sufficient time for the Department to have the instructions printed and delivered to each elector who requested an absentee ballot for the ensuing election.
44 Del. Laws, c. 118, §  9;  45 Del. Laws, c. 155, §  8;  15 Del. C. 1953, §  5509;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  89;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5507. Voting procedure; execution of statement; return of ballot.

§ 5507. Voting procedure; execution of statement; return of ballot.
The procedure for completing an absentee ballot and returning it to the Department is as follows:
(1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it with the elector's selections and shall place the completed ballot in the envelope marked “BALLOT ENVELOPE.”
(2) The elector shall confirm that the information about that elector on the ballot envelope is correct and then sign the self-administered oath.
(3) The elector shall then seal the ballot envelope.
(4) The elector shall return the sealed ballot envelope to the Department by:
a. Depositing it in a United States postal mailbox, thereby mailing it to the Department; or
b. Delivering it, or causing it to be delivered, to the Department before the polls close on the day of the election.
44 Del. Laws, c. 118, §  6;  45 Del. Laws, c. 155, §  5;  15 Del. C. 1953, §  5510;  55 Del. Laws, c. 150;  60 Del. Laws, c. 414, §  18;  65 Del. Laws, c. 455, §§  5, 6;  68 Del. Laws, c. 301, §  5;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 427, §§  4-6;  79 Del. Laws, c. 275, §  89;  81 Del. Laws, c. 106, § 4;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5508. Time limit for return of ballot; late ballots.

§ 5508. Time limit for return of ballot; late ballots.
(a) The Department shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received thereby.
(b) For an absentee ballot to be counted under this chapter, an elector voting by absentee ballot shall return the elector marked ballot to the Department office of the county in which the voter resides before the polls close on the day of the election.
(c) The Department shall retain unopened any ballot envelope it receives after the polls close on the day of the election until the last day of February next after the election, or longer if directed by proper authority or required to do so by federal law.
44 Del. Laws, c. 118, §  11;  45 Del. Laws, c. 155, §  10;  15 Del. C. 1953, §  5511;  49 Del. Laws, c. 278, §  8;  50 Del. Laws, c. 173, §  3;  52 Del. Laws, c. 92, §§  1, 2;  58 Del. Laws, c. 148, §  129;  68 Del. Laws, c. 301, §  6;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 427, §  7;  79 Del. Laws, c. 275, §  89;  82 Del. Laws, c. 170, § 45;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5509. Procedure on receipt of ballot envelope by Department.

§ 5509. Procedure on receipt of ballot envelope by Department.
(a) Upon receipt of a ballot envelope the Department, or a person authorized by the Department, 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 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 member of the Department (the director or any other person) 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.
44 Del. Laws, c. 118, §  10;  45 Del. Laws, c. 155, §  9;  15 Del. C. 1953, §  5512;  57 Del. Laws, c. 567, §  48;  58 Del. Laws, c. 148, §§  130, 131;  60 Del. Laws, c. 414, §§  19, 20;  68 Del. Laws, c. 301, §  7;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 427, §§  8, 9;  77 Del. Laws, c. 227, §  1;  79 Del. Laws, c. 275, §  89;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5511. Carrier envelope specifications; carrier envelopes as ballot boxes.

§ 5511. Carrier envelope specifications; carrier envelopes as ballot boxes.
(a) The Department 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 single election district;
(3) Be labeled to reflect the election district 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 Department 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 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) Placed in a secure location and held there until such time as it is destroyed or moved for further legal process.
44 Del. Laws, c. 118, §  10;  45 Del. Laws, c. 155, §  9;  15 Del. C. 1953, §  5513;  49 Del. Laws, c. 278, §  9;  50 Del. Laws, c. 173, §  4;  58 Del. Laws, c. 148, §  132;  60 Del. Laws, c. 414, §  21;  68 Del. Laws, c. 301, §  8;  75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  90;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5512. Envelopes in general; approval by Attorney General.

§ 5512. Envelopes in general; approval by Attorney General.
The Attorney General shall personally approve each kind or type of envelope for use pursuant to this chapter. The Department shall not purchase, use, have printed upon, mail or deliver any envelope for use pursuant to this chapter unless such type or kind of such envelope has first been approved personally by the Attorney General.
44 Del. Laws, c. 118, §§  5, 7, 8;  45 Del. Laws, c. 155, §§  4, 6, 7;  15 Del. C. 1953, §  5508;  60 Del. Laws, c. 414, §§  16, 17;  75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  91;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5513. Challenges.

§ 5513. 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 § 5503 of this title is false; or
(2) On the ground that the statement in the center of the face of 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 voted in a particular election district must be resolved before the counting of votes in that election district 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 for resolution to the county director and deputy county director of the Department in the county where such election district is located.
44 Del. Laws, c. 118, §  14;  15 Del. C. 1953, §  5517;  50 Del. Laws, c. 173, §  2;  58 Del. Laws, c. 148, §  135;  75 Del. Laws, c. 149, §  1;  77 Del. Laws, c. 227, §  1;  79 Del. Laws, c. 275, §  92;  81 Del. Laws, c. 106, § 6;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5514. Rejected ballots.

§ 5514. 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 registered elector in this State; or
(3) The ballot envelope is open; or
(4) It is evident that the ballot envelope has been opened and resealed;
(5) It is evident that the ballot envelope has been tampered with or altered.
(b) If the ballot envelope has not been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED,” giving reason therefore.
(c) If the ballot envelope has been opened at the time an absentee judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, the ballot shall be returned to its ballot envelope and the absentee judge shall endorse on the ballot envelope, “REJECTED,” giving reason therefore.
(d) Whenever it is made to appear by due proof to an absentee judge that any absentee voter, who has marked and forwarded the absentee voter's ballot, has died, the ballot envelope containing the ballot shall not be opened but shall be marked “REJECTED, DEAD,” and shall be preserved and disposed of as other rejected ballots.
(e) Whenever a ballot has not been counted but has been rejected pursuant to this section, the appropriate notation shall be made on the absentee ballot tally and the number of ballots so rejected shall be noted on the certificates of election.
(f) Ballots rejected pursuant to this section shall be deposited in a carrier envelope for the election district to which they apply.
15 Del. C. 1953, §  5518;  50 Del. Laws, c. 173, §  8;  58 Del. Laws, c. 215, §  38;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  81 Del. Laws, c. 106, § 7;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5515. Validity of absentee voter's ballot for wrong district.

§ 5515. Validity of absentee voter's ballot for wrong district.
If an absentee voter marks and returns an absentee ballot for an election district other than the 1 of which the absentee voter is a resident and a duly registered elector, such ballot, because thereof, shall not be adjudged invalid, but, as indicated by the marking of the ballot by the voter, shall be counted as a vote for every candidate appearing thereon who is a candidate for an office to be duly voted for in the election district.
44 Del. Laws, c. 118, §  17;  15 Del. C. 1953, §  5519;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5516. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.

§ 5516. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.44 Del. Laws, c. 118, §  24;  45 Del. Laws, Sp. Sess., c. 5,, §  4;  45 Del. Laws, c. 155, §  16;  15 Del. C. 1953, §  5520;  75 Del. Laws, c. 149, §  1;  repealed by 79 Del. Laws, c. 275 § 93, eff. July 1, 2015.;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5517. File of absentee voters.

§ 5517. File of absentee voters.
(a) The Department shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries:
(1) The name of elector;
(2) The address at which elector is registered;
(3) The address where ballot is to be mailed;
(4) The date the statement is received by the Department;
(5) The elector's election and representative district;
(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 Department shall compile from its files a list of names and addresses of all applicants for absentee ballots, and shall send current and complete copies thereof without cost to all political parties with 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 and copies of the lists must be mailed on the same date to the respective chairs of each political party involved in the election. Comparable information from the file shall also be made available to representatives of all political parties at each office of the Department during the remaining 2 weeks before the election, such information to be recorded by such representatives from the daily records of the Department with the cooperation and assistance of the employees thereof.
44 Del. Laws, c. 118, §  16;  45 Del. Laws, c. 155, §  13;  47 Del. Laws, c. 316, §  3;  15 Del. C. 1953, §  5522;  57 Del. Laws, c. 181, §  76;  58 Del. Laws, c. 148, §  136;  68 Del. Laws, c. 301, §  16;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  93;  81 Del. Laws, c. 106, § 8;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal post card application (FPCA); electronic transmission of balloting materials.

§ 5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal post card application (FPCA); electronic transmission of balloting materials.
(a) Any person who qualifies for an absentee ballot pursuant to § 5502(1), (2) or (7) of this title, and who has requested the same, shall qualify for an absentee ballot in all elections conducted under the provisions of this title during the period from receipt of the application following the last general election and through December 31 of the year following the last general election. Additionally, if a person states the duration of his or her absence from the State, their federal post card application (FPCA) shall be valid for that period.
(b) The receipt of a federal post card application from any person eligible to use the FPCA for an absentee ballot who is not registered to vote in Delaware but is eligible to register to vote in Delaware shall serve as an application to register to vote as well as a request and statement for an absentee ballot.
(c) The Department may send and receive absentee ballot applications, FPCAs, absentee ballots and federal write-in absentee ballots by electronic transmission.
65 Del. Laws, c. 455, §  7;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 188, §  28;  74 Del. Laws, c. 168, §  15;  75 Del. Laws, c. 149, §  1;  77 Del. Laws, c. 134, §§  1, 2;  77 Del. Laws, c. 269, §  6;  78 Del. Laws, c. 297, §  6;  79 Del. Laws, c. 275, §  93;  81 Del. Laws, c. 106, § 9;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5520. Special write-in absentee ballot; procedures; qualifications.

§ 5520. Special write-in absentee ballot; procedures; qualifications.
(a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(1), (2) or (7) of this title may, during the calendar year in which an election is to be held for President, United States Senator or Representative in Congress, request a special write-in absentee ballot.
(b) The request for a special write-in absentee ballot may be made on the federal post card application (FPCA) form, or on a form prescribed by the State Election Commissioner.
(c) In order to qualify for a special write-in absentee ballot, the elector must state under oath and under penalty of perjury that the elector is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated or extremely remote areas of the world.
(d) Upon receipt of an application pursuant to this section, the Department may hold said application until 90 days prior to an election, but shall mail a ballot and the related materials to the elector as soon thereafter as possible. The special write-in absentee ballot shall be in a form prescribed and provided by the State Election Commissioner, and shall permit the elector to vote by writing in a party preference for each office, or the name of the person whom the voter prefers for each office.
65 Del. Laws, c. 455, §  7;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  93;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5521. Federal write-in absentee ballot; acceptance; combined request for registration and ballot submission.

§ 5521. Federal write-in absentee ballot; acceptance; combined request for registration and ballot submission.
(a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(7) of this title may:
(1) Use the federal write-in absentee ballot (FWAB) in any election for local, state, or federal offices in this State;
(2) Write on the FWAB the name of a specific candidate for whom the elector wants to vote, the name of the political party of a candidate for a specific office for whom the elector wants to vote, or the name of the political party of all candidates for all offices for whom the elector wants to vote;
(3) Use the FWAB transmission envelope as a registration request simultaneously with the submission of the FWAB if:
a. The voter is otherwise eligible to vote by absentee ballot in this State; and
b. The completed ballot is received no later than the 3rd Monday prior to the date of the election.
(b) [Repealed.]
(c) A person eligible to vote by FWAB may return the ballot, eligibility information and signed oath by electronic transmission. Any person returning the FWAB electronically is deemed to have acknowledged that there may be situations where the secrecy of that person's ballot cannot be guaranteed.
75 Del. Laws, c. 149, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 134, §  3;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  94;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5522. Duties of Department of Elections; political balance of absentee judges; security.

§ 5522. Duties of Department of Elections; political balance of absentee judges; security.
(a) The Department shall ensure that each panel of absentee judges selected to officiate the procedures set forth in this chapter represent a politically balanced cross section of the major political parties participating in the election for which absentee ballots are being counted.
(b) The Department shall promulgate regulations to ensure the security and integrity of the procedures set forth in this chapter and that the counting process for absentee ballots is not subject to improper influences.
75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  95;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner.

§ 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner.
(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules and regulations relating to logic and accuracy testing of absentee ballot tabulating machines.
(b) Rules and regulations promulgated pursuant to this section shall ensure that:
(1) All machines are thoroughly tested immediately following maintenance and programming thereof to determine whether:
a. The voting system is properly programmed;
b. The election is correctly defined on the voting system; and
c. All of the voting system input, output, and communication devices are working properly;
(2) Any machine deemed unsatisfactory shall be recoded, repaired, or replaced and shall be retested;
(3) Machines are publicly tested prior to use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election;
(4) Public notice of public tests is given at least 7 days prior to the tests being conducted;
(5) The resetting and sealing of each publicly tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who were in attendance;
(6) Each publicly tested machine is secured following the test in a state of readiness until the day of the election; and
(7) Records are kept of all pre-election testing of each absentee ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during such testing.
75 Del. Laws, c. 149, §  1;  79 Del. Laws, c. 275, §  95;  82 Del. Laws, c. 170, § 46;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5524. Emergency authority for the State Election Commissioner.

§ 5524. Emergency authority for the State Election Commissioner.
(a) In the event that a national or local emergency makes substantial compliance with the provisions of this title and/or the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. § 20301 et seq.) impossible or unreasonable for some of all of the citizens covered under § 5502(1) or (2) of this title, the State Election Commissioner may direct the use of special procedures to facilitate absentee voting for those citizens directly affected who are eligible to vote in the State. Such an emergency may be a natural and/or humanitarian disaster; and/or armed conflict involving United States Armed Forces to include mobilized State National Guard and/or Reserve components.
(b) The State Election Commissioner shall consult with the Governor and the Federal Voting Assistance Program or its successor prior to directing the use of the special procedures cited in subsection (a) of this section.
(c) The State Election Commissioner, in collaboration with the Department, shall promulgate special procedures to be followed in the event that such a national or local emergency occurs.
74 Del. Laws, c. 168, §  16;  75 Del. Laws, c. 149, §  1;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  95;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5525. Electronic delivery of absentee ballots.

§ 5525. Electronic delivery of absentee ballots.
(a) The provisions of this section apply to persons eligible to vote under the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, 52 U.S.C. § 20301, et seq.
(b) Notwithstanding any other provisions of this title, upon receipt of a written request on a federal post card application that includes an applicant's electronic address, the Department shall electronically deliver to an applicant that applicant's own absentee ballot, appropriate instructions and any other information the applicant needs to vote and return that applicant's own ballot.
(c) The Department shall transmit to the applicant an absentee ballot, instructions and other necessary information within 3 business days following receipt of a request from an applicant. If ballots are not available when the Department receives this request, the Department shall transmit a ballot, instructions and other necessary information to the applicant within 5 business days after the ballots become available.
(d) An applicant who is sent a ballot electronically may return such ballot via postal mail, courier or electronic means in accordance with the instructions sent with the ballot. A voter who returns a ballot electronically is deemed to have acknowledged that there may be situations where the secrecy of that voter's ballot cannot be guaranteed.
(e) A person who returns a ballot electronically shall also return a signed oath and identification information with the ballot. The oath may be signed digitally as provided in the instructions sent by the Department to the voter.
(f) The State Election Commissioner, in collaboration with the Department offices, shall establish procedures for electronically delivering an absentee ballot to a voter with instructions for the voter to follow in voting and electronically returning the voter's ballot to the Department office in the county in which the voter resides.
76 Del. Laws, c. 67, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 134, §  4;  79 Del. Laws, c. 275, §  95;  82 Del. Laws, c. 170, § 47;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5526. System for voters to determine status of their absentee ballots.

§ 5526. System for voters to determine status of their absentee ballots.
The State Election Commissioner, in collaboration with the Department offices, shall establish a free access system accessible via the Internet through which a person who applied for an absentee ballot can determine whether or not the ballot application was received, when the ballot was transmitted, when the voted ballot was received by the Department, and whether or not the ballot was counted.
77 Del. Laws, c. 269, §  7;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  95;  82 Del. Laws, c. 170, § 48;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5527. Authority to implement provisions of the Uniformed and Overseas Citizens Absentee Voters Act.

§ 5527. Authority to implement provisions of the Uniformed and Overseas Citizens Absentee Voters Act.
The State Election Commissioner, in collaboration with the Department offices, shall implement those provisions of the Uniformed and Overseas Citizens Absentee Voters Act (52 U.S.C. § 20301 et seq.) not specifically mandated by this chapter.
77 Del. Laws, c. 269, §  8;  79 Del. Laws, c. 275, §  95;  82 Del. Laws, c. 170, § 49;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5602A. Applicability [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5602A. Applicability [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
This chapter applies to the following elections:
(1) A nonpresidential primary election.
(2) A general election.
(3) A special election to fill a vacancy in a statewide office, the General Assembly, or an office covered under Chapter 73 of this title.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5603A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5603A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
Votes cast by mail ballot under this chapter shall be counted in the total for the election district in which the elector is registered.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5604A. Process for voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5604A. Process for voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department shall create an application which may be completed by any elector wishing to vote by mail under this chapter. The application must require the elector to provide 1 of the following:
(1) The last 4 digits of the elector's Social Security number.
(2) The elector's state-issued driver's license number.
(3) The elector's state-issued nondriver identification card number.
(b) A qualified, duly registered elector wishing to vote by mail must do all of the following:
(1) Complete a handwritten or electronic application to vote by mail.
(2) Sign and date the application.
(3) Mail, deliver, or cause to be mailed or delivered, the completed application to the Department by the deadline provided by the Department.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5605A. Distribution of ballots, envelopes, and instructions [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5605A. Distribution of ballots, envelopes, and instructions [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) Upon receipt of the application for a mail ballot from an elector under § 5604A of this title, the Department shall process the same and confirm that the elector qualifies to vote under this title.
(b) No more than 30 days but not less than 7 days before an election, and within 3 days after the ballots, ballot envelopes, and instructions become available, the Department shall mail all of the following to each elector who requested and qualified for a mail ballot:
(1) A mail ballot for the election district in which the elector resides.
(2) The instructions for completing and returning the mail ballot under § 5607A of this title.
(3) The ballot envelope required under § 5606A of this title.
(c) Postage for all mailings under subsection (b) of this section must be prepaid by the Department.
(d) This section does not prevent the issuance of a mail ballot to a qualified elector when the request is made less than 7 days before the election.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5606A. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5606A. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) With each mail ballot, the Department shall also provide each elector an envelope that is all of the following:
(1) A color other than white.
(2) Large enough to hold a completed ballot.
(3) Designed to protect its contents from tampering, removal, or substitution without detection.
(4) Addressed for return to the Department.
(b) All of the following must appear on each envelope provided under subsection (a) of this section:
(1) The words “BALLOT ENVELOPE”.
(2) An alphanumeric symbol or barcode for use in accounting for the mail ballot.
(3) Identification information for the elector receiving the mail ballot, including all of the following:
a. The name of the county within which the elector is domiciled.
b. The elector's name.
c. The elector's address.
d. The elector's election district.
e. The elector's representative district.
f. Any other information required by the Department.
(4) The following oath:
“I do solemnly swear (affirm) that to the best of my knowledge I am eligible to vote in the State of Delaware and that my voting address is as it appears on the label on this envelope. I also do solemnly swear (affirm) under penalty of perjury that I have not received or accepted, or offered to receive or accept, any money or other item of value as compensation, inducement, or reward for the giving or withholding of a vote at this election, nor that I am acting under duress or threat of duress or harm.”
(5) A designated space for the elector's signature.
(6) A designated space for the elector to provide 1 of the following:
a. The last 4 digits of elector's Social Security number.
b. The elector's state-issued driver's license number.
c. The elector's state-issued nondriver identification card number.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5607A. Instructions for completing and returning a mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5607A. Instructions for completing and returning a mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
The Attorney General shall prepare a list of instructions to assist an elector voting by mail ballot in properly marking and returning the elector's ballot under this chapter. These instructions shall be known and marked as “INSTRUCTIONS FOR COMPLETING AND RETURNING A MAIL BALLOT”. Before each election, the Attorney General shall deliver a copy of the instructions to the Department in sufficient time for the Department to have the instructions printed and delivered to each elector who requested a mail ballot for the ensuing election.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5608A. Voting procedure; execution of statement; return of ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5608A. Voting procedure; execution of statement; return of ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The procedure for completing a mail ballot and returning it to the Department includes all of the following:
(1) An elector who receives a mail ballot under 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 and enter the elector's state-issued driver's license number or state-issued nondriver identification card number, or the last 4 digits of the elector's Social Security number.
(3) The elector shall then seal the ballot envelope.
(4) The elector shall return the sealed ballot envelope to the Department before the polls close on the day of the election by doing any 1 of the following:
a. Depositing it, or causing it to be deposited, in a United States postal mailbox, thereby mailing it to the Department.
b. Delivering it, or causing it to be delivered, to the Department.
c. Placing it, or causing it to be placed, in a secure drop-box located in a publicly accessible portion of each Department of Elections Office.
(b) Mail ballots received by the Department before the day of the election may be processed and scanned but may not tabulated until the day of the election.
83 Del. Laws, c. 353, § 1;  84 Del. Laws, c. 233, § 32;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5609A. Time limit for return of ballot; late ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5609A. Time limit for return of ballot; late ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department shall record the date and time of receipt on the ballot envelope of each mail ballot received.
(b) For a mail ballot to be counted under this chapter, the elector shall return the elector's marked ballot to the Department before the polls close on the day of the election.
(c) The Department shall retain unopened any ballot envelope received after the polls close on the day of the election it receives after the polls close on the day of the election until the last day of February next after the election, or longer if directed by proper authority or required to do so by federal law.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5610A. Procedure on receipt of ballot envelope by Department [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5610A. Procedure on receipt of ballot envelope by Department [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) Upon receipt of a ballot envelope, the Department shall do all of the following:
(1) Ascertain the name of each elector as it appears on the face of each ballot envelope.
(2) Ascertain from the information on the ballot envelope the election district with whose votes the ballot within it shall be tallied.
(3) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is counted.
(b) Except as required under this chapter, no person may open or attempt to open the ballot envelope, or change, alter, or attempt to change or alter the ballot envelope, or any writing, printing, or anything on the ballot envelope.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5611A. Counting procedure for ballot envelopes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5611A. Counting procedure for ballot envelopes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
Beginning 30 days before the day of the election, election judges within each county, selected by the administrators of the Department in that county, shall count ballot envelopes at the Department's offices in the county as follows:
(1) An election judge shall select the ballot envelopes in order of the election districts within the county.
(2) For each ballot envelope, the election judges shall ascertain whether a challenge has been made under § 5615A of this title.
(3) If no challenge has been made, the election judges shall do all of the following:
a. Open the ballot envelopes in such a manner as not to deface or destroy the statement thereon or the mail ballot enclosed.
b. Remove the ballots from the ballot envelopes.
c. Determine whether the ballots have been properly completed or whether the elector's intent can be determined under § 4972 of this title.
d. Tally any mail votes that were written-in, or that must be counted by hand under § 4972 of this title, on mail vote tally sheets for the election district with whose votes the mail votes are to be counted.
e. Record the proper notations of such votes in the election records for the election district to which they apply.
f. A ballot that a team determines cannot be read by the tabulating equipment or which the tabulating equipment rejects, shall be duplicated under § 5612A of this title.
(4) Once mail votes have been recorded, an election judge shall deposit the voted ballots, rejected ballots, and any mail vote tally sheet that may have been used, in a carrier envelope for the election district with whose votes the mail votes are counted as follows:
a. Each carrier envelope must contain mail ballots, rejected ballots, and tally sheets for no more than 1 election district.
b. Only 1 carrier envelope can be filled at a time.
(5) Once a carrier envelope is filled, it must be sealed by an election judge. The election judge shall sign the election judge's name on each sealed carrier envelope, affirming that the election judge sealed the envelope and that the envelope contains ballots for the election district to which the envelope is assigned. Each sealed and signed carrier envelope shall be placed in a secure location and held there until such time as it is destroyed or moved for further legal process.
(6) The results of the mail ballots shall not be extracted or reported before the polls have closed on the day of the election.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5612A. Preparing mail ballots for tabulation [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5612A. Preparing mail ballots for tabulation [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department may open ballot envelopes in public meetings beginning 30 days before the day of the election in order to prepare them for tabulation. The Department shall notify each party on the ballot that they may have challengers at the meetings during which the Department opens the ballot envelopes. The challengers may challenge ballots as provided elsewhere in this title.
(b) The Department shall appoint teams composed of an equal number of Democrats and Republicans to open and duplicate ballots.
(c) The teams shall open ballots by election district, check them off against the list under § 5618A(b)(1) of this title, duplicate ballots that the team determines that the tabulating equipment cannot read and then secure the opened and duplicated ballots along with the envelopes in a carrier envelope. The teams shall record the number of the carrier envelope and the election district number on a log sheet that it shall also secure in the same carrier envelope.
(d) Teams shall duplicate ballots by marking them according to the voter's intent as shown on the ballot marked by the voter. If a team cannot determine a voter's intent, they shall consult the county director and county deputy director for advice and guidance.
(e) When duplicating ballots, the teams shall assign the same unique identifier to the ballot that they duplicate and the duplicated ballot. After the team has duplicated ballots for an election district, the team shall put the ballots that the team duplicated in a separate envelope and put it in the carrier envelope for the election district and the team shall put the duplicated ballots with the ballots that the Department shall tabulate on the day of the election.
(f) The Department shall secure the carrier envelopes in locked cabinets until opened in a subsequent public meeting to insert additional ballots or to tabulate the ballots on the day of the election.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5613A. Carrier envelope specifications; carrier envelopes as ballot boxes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5613A. Carrier envelope specifications; carrier envelopes as ballot boxes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) The Department shall purchase envelopes to be used as carrier envelopes which must be all of the following:
(1) Designed to securely protect the contents from tampering, removal, or substitution without detection.
(2) Large enough to accommodate multiple mail ballots cast in the election.
(b) For all purposes of this title, carrier envelopes are considered the official ballot boxes for mail votes cast during a given election and must meet all of the following requirements:
(1) Contain voted mail ballots from a single election district.
(2) Be labeled to reflect the election district whose mail ballots are held inside.
(3) Ensure the security of the ballots in the event they must be moved for the purposes of certifying an election or recounting votes cast in an election.
(c) A sealed carrier envelope may be reopened only when necessary to certify an election or recount votes cast in an election.
(d) In the event the Department must move mail ballots for the purposes of certifying an election, or recounting votes cast in an election, it shall select the carrier envelopes for the affected election districts and move them, in a secure fashion, to the location where the carrier envelopes will be opened and the votes inside inspected.
(e) Upon completion of any inspection of votes under this section, mail ballots must be returned to the carrier envelopes from which they were removed and all of the following must be done with the carrier envelopes:
(1) Resealed in a secure manner, or be placed in another security envelope, for the purposes of securely protecting the contents thereof from tampering, removal, or substitution without detection.
(2) Placed in a secure location and held there until such time as it is destroyed or moved for further legal process.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5614A. Envelopes in general; approval by Attorney General [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5614A. Envelopes in general; approval by Attorney General [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
The Attorney General shall personally approve each kind or type of envelope for use under this chapter. The Department may not purchase, use, have printed upon, mail, or deliver any envelope for use under this chapter unless the type or kind of the envelope has first been approved personally by the Attorney General.
83 Del. Laws, c. 353, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6] › § 5615A. Challenges [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

§ 5615A. Challenges [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
(a) A mail ballot may be challenged for any of the following:
(1) The same causes and in the same manner as provided in this title for other voters.
(2) That the statement in the center of the face of the ballot envelope is not signed as required under § 5608A(a)(2) of this title.
(3) The ballot envelope does not contain the elector's state-issued driver's license number or state-issued nondriver identification card number, or the last 4 digits of the elector's Social Security number, as required under § 5608A(a)(2) of this title.
(b) (1) If a challenge is made under paragraph (a)(1) of this section, an election judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title.
(2) If a challenge is made under paragraph (a)(2) of this section, an election judge shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title.
(c) All challenges to mail ballots voted in a particular election district must be resolved before the counting of votes in that election district may be considered complete. Any challenge not resolved by the election judges within a reasonable time of the challenge having been made must be referred for resolution to the county director and county deputy director of the Department in the county where such election district is located.
83 Del. Laws, c. 353, § 1;  84 Del. Laws, c. 233, § 33;