reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5128. Fraudulent voting; penalty.

§ 5128. Fraudulent voting; penalty.
Whoever, at any general or special election:
(1) Falsely personates any elector or other person and votes or attempts or offers to vote in or upon the name of such elector or other person; or
(2) Votes or attempts to vote in or upon the name of any other person whether living or dead or in or upon any false, assumed or fictitious name; or
(3) Knowingly, wilfully or fraudulently votes more than once for any candidate at any election for the same office; or
(4) Votes or attempts or offers to vote in any election district without having a lawful right to vote therein, or to vote more than once or to vote in more than 1 election district; or
(5) Having once voted, votes or attempts or offers to vote again; or
(6) Fraudulently delivers or offers to an election officer more than a single ballot; or
(7) Knowingly, wilfully or fraudulently does any unlawful act to secure an opportunity for himself or herself or for any other person to vote,
shall be fined not less than $50 or more than $200, or imprisoned not less than 30 days or more than 2 years, or both.
Code 1852, §  312;  19 Del. Laws, c. 39, §  34;  Code 1915, §  1794;  Code 1935, §  1883;  15 Del. C. 1953, §  5130;  50 Del. Laws, c. 174, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5129. False entries by clerk of election.

§ 5129. False entries by clerk of election.
Whoever, being a clerk of election or other election officer performing the duty of such clerk:
(1) Wilfully keeps a false poll list; or
(2) Knowingly inserts in that clerk of election's or election officer's poll list any false statement, or any name, statement, check, letter or mark, except as provided by law,
shall be deemed to have knowingly and wilfully violated that clerk of election's or election officer's official duty.
19 Del. Laws, c. 39, §  35;  Code 1915, §  1795;  Code 1935, §  1884;  15 Del. C. 1953, §  5131;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5130. Failure of election officer to perform duties.

§ 5130. Failure of election officer to perform duties.
Whoever, being an election officer, wilfully:
(1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or
(2) Receives a vote from any person who has been duly challenged in relation to such person's right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law; or
(3) Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person;
shall be deemed to have violated that election officer's own official duty.
19 Del. Laws, c. 39, §  36;  Code 1915, §  1796;  Code 1935, §  1885;  15 Del. C. 1953, §  5132;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5131. False count or certification by election officer.

§ 5131. False count or certification by election officer.
Whoever, being an election officer, wilfully:
(1) Makes any false count of votes cast at any election, or makes, signs, publishes or delivers any false return of such election or any false certificate or statement of the result of such election, knowing the same to be false; or
(2) Defaces, destroys or conceals any statement or certificate entrusted to that election officer's care or custody
shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
19 Del. Laws, c. 39, §  37;  Code 1915, §  1797;  Code 1935, §  1886;  15 Del. C. 1953, §  5133;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5132. Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty.

§ 5132. Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty.
(a) Whoever, being an election officer, at any election:
(1) Knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or
(2) Knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or
(3) Knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and the elector's name has been found and checked upon the Election District Record; or
(4) Fraudulently before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or
(5) Removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls; or
(6) Knowingly and wilfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and checked upon the books of registered voters and who has not previously voted, or knowingly or wilfully enters or permits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not previously voted or is an election officer or member or employee of the department of elections whose entrance into the voting machine booth is required by the provisions of this title,
shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
(b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in subsection (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §  38;  Code 1915, §  1798;  Code 1935, §  1887;  15 Del. C. 1953, §  5134;  49 Del. Laws, c. 18, §  3;  50 Del. Laws, c. 174, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5133. Wilful neglect of duty by election officers.

§ 5133. Wilful neglect of duty by election officers.
Whoever, being an election officer of whom any duty is required in this title, is guilty of any wilful neglect of such duty or of any corrupt or fraudulent conduct or practice in the execution of the same shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
19 Del. Laws, c. 39, §  39;  Code 1915, §  1799;  Code 1935, §  1888;  15 Del. C. 1953, §  5135;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5134. Stealing, destroying or secreting records; penalty.

§ 5134. Stealing, destroying or secreting records; penalty.
(a) Whoever, being an election officer having the custody of any registration records, or copy thereof, oath, return of votes, certificate, poll list or any paper, document, or evidence of any description, in this title directed to be made, filed or preserved:
(1) Steals, wilfully destroys, mutilates, defaces, falsifies, or fraudulently removes or secretes the whole or any part thereof; or
(2) Fraudulently makes any entry, erasure, or alteration therein, except as allowed and directed by this title; or
(3) Permits any other person to do so,
shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
(b) Whoever, not being an election officer and having such custody, does or commits any of the acts, matters or things mentioned in subsection (a) of this section, or whoever, not being an election officer, advises, procures or abets the commission of any of the acts mentioned in this section shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §§  40, 41;  Code 1915, §§  1800, 1801;  Code 1935, §§  1889, 1890;  15 Del. C. 1953, §  5136;  50 Del. Laws, c. 174, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5135. Perjury; subornation of perjury.

§ 5135. Perjury; subornation of perjury.
(a) Whoever is convicted of wilful false swearing or affirming in taking any oath or affirmation prescribed by or upon any examination provided for in this title is guilty of perjury.
(b) Whoever wilfully or corruptly instigates, advises, induces or procures any person to swear or affirm falsely, or attempts or offers so to do, is guilty of subornation of perjury, and shall suffer the punishment directed by law in cases of perjury.
19 Del. Laws, c. 39, §§  42, 43;  Code 1915, §  1802;  Code 1935, §  1891;  15 Del. C. 1953, §  5137;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5136. Tampering with ballots or deceiving voters; penalty.

§ 5136. Tampering with ballots or deceiving voters; penalty.
Whoever:
(1) Fraudulently changes or alters the ballot of any elector, or substitutes 1 ballot for another, or fraudulently furnishes any elector with a ballot containing more than the proper number of names; or
(2) Intentionally practices any fraud upon any elector to induce the elector to deposit a ballot as that elector's own vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote; or
(3) Otherwise defrauds the elector of the elector's vote,
shall be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §  44;  Code 1915, §  1803;  Code 1935, §  1892;  15 Del. C. 1953, §  5138;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5137. Disobeying election officers; penalty.

§ 5137. Disobeying election officers; penalty.
Whoever wilfully disobeys any lawful command of any election officer, given in the execution of such officer's duty as such at any election, shall be fined not more than $200 or imprisoned not more than 1 year, or both.
19 Del. Laws, c. 39, §  45;  Code 1915, §  1804;  Code 1935, §  1893;  15 Del. C. 1953, §  5139;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5138. Breach of peace or violence on election day; penalty.

§ 5138. Breach of peace or violence on election day; penalty.
Whoever on any day of election or during the reading and counting of the votes cast thereat causes any breach of the peace or uses any violence or threats of violence whereby any such election or reading and counting of ballots is impeded or hindered or whereby the lawful proceedings of election officers or challengers at such election are interfered with shall be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §  46;  Code 1915, §  1805;  Code 1935, §  1894;  15 Del. C. 1953, §  5140;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5139. Interference with election officer or challenger; penalty.

§ 5139. Interference with election officer or challenger; penalty.
Whoever:
(1) Knowingly or wilfully obstructs, hinders, assaults or by bribery, solicitation or otherwise interferes with any election officer or challenger in the performance of any duty required of that election officer or challenger or which that election officer or challenger may by law be authorized or permitted to perform; or
(2) By any means before mentioned or otherwise unlawfully on the day of election hinders or prevents any election officer or challenger in that election officer's or challenger's free attendance and presence at the place of election in the election district in which that election officer or challenger is appointed to serve, or in that election officer's or challenger's full and free access and egress to and from any such place of election, or molests, interferes with, removes or ejects from any such place of election any such election officer or challenger, or unlawfully threatens or attempts or offers so to do,
shall be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §  47;  Code 1915, §  1806;  Code 1935, §  1895;  15 Del. C. 1953, §  5141;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5140. Failure of inspector to preserve order.

§ 5140. Failure of inspector to preserve order.
Whoever, being an inspector of election, wilfully neglects or when called on wilfully declines to exercise the powers conferred on that inspector of election to preserve order shall be deemed to have knowingly and wilfully violated that inspector of election's official duty.
19 Del. Laws, c. 39, §  48;  Code 1915, §  1807;  Code 1935, §  1896;  15 Del. C. 1953, §  5142;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5141. Stealing or destroying ballot box, ballot, poll list; penalty.

§ 5141. Stealing or destroying ballot box, ballot, poll list; penalty.
Whoever, not being an election officer:
(1) Steals or wilfully breaks or destroys any ballot box used or intended to be used at any election; or
(2) Wilfully or fraudulently conceals, secretes or removes any ballot box from the custody of the election officers; or
(3) Alters, defaces, injures, destroys or conceals any ballot or envelope which has been deposited in any ballot box at such election or any poll list used or intended to be used at such election or any report, return, certificate or other evidence in this title required or provided for;
shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
19 Del. Laws, c. 39, §  49;  27 Del. Laws, c. 65;  Code 1915, §  1808;  Code 1935, §  1897;  15 Del. C. 1953, §  5143;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5142. Requiring unauthorized oath; penalty.

§ 5142. Requiring unauthorized oath; penalty.
Whoever, being an election officer or other person, administers or causes to be administered to any legal voter any oath or affirmation not authorized by the Constitution or laws of this State for that purpose as a prerequisite or condition of voting at any election, except when such oath or affirmation is administered in order to satisfy such election officer or other person that such vote is a legal vote according to the Constitution and laws of this State, shall for each such offense be fined not less than $500 nor more than $1,000 and imprisoned 10 days.
12 Del. Laws, c. 326, §  3;  Code 1915, §  1827;  Code 1935, §  1916;  15 Del. C. 1953, §  5144;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5143. Candidate for General Assembly not to make written pledge; penalty.

§ 5143. Candidate for General Assembly not to make written pledge; penalty.
(a) No candidate for State Senator or Representative in the General Assembly shall make any written pledge to give or withhold that candidate's own vote on any proposed law or legislation, nor shall any other person seek to influence any such candidate in the candidate's attitude upon any proposed law or legislation by offer or promise of a vote or votes or of any support at any primary or election.
(b) Whoever violates subsection (a) of this section shall be fined not less than $50 nor more than $1,000, or imprisoned not less than 1 month nor more than 2 years, or both.
Code 1915, §  1876D;  29 Del. Laws, c. 112;  30 Del. Laws, c. 105;  Code 1935, §  1944;  15 Del. C. 1953, §  5145;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter II. Particular Offenses › § 5144. Unauthorized release of absentee vote information; penalty.

§ 5144. Unauthorized release of absentee vote information; penalty.
(a) Any person who knowingly or intentionally releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the first degree and shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.
(b) Any person who recklessly releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the second degree and shall be fined not more than $200 and may be imprisoned not more than 1 year.
75 Del. Laws, c. 149, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter III. Offenses Carrying Civil Liability › § 5161. Intimidation of election officers; penalty.

§ 5161. Intimidation of election officers; penalty.
If any person, firm, corporation or employer existing or doing business in this State, hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed an election officer under the laws of this State from qualifying and performing such person's duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.
45 Del. Laws, c. 144, §  24;  45 Del. Laws, c. 148, §  24;  45 Del. Laws, c. 149, §  24;  15 Del. C. 1953, §  5161;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter III. Offenses Carrying Civil Liability › § 5162. Intimidation of electors; penalty.

§ 5162. Intimidation of electors; penalty.
If any person, or corporation existing or doing business in this State, hinders, controls, coerces or intimidates or attempts to hinder, control, coerce or intimidate any qualified elector of this State from or in the exercise of the elector's right to vote at any general, special or municipal election held under the laws of this State, by means of bribery or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every elector so aggrieved may, in a civil action brought for that purpose, sue for and recover from the person or corporation so offending the sum of $500.
16 Del. Laws, c. 329, §§  1, 2;  Code 1915, §  1789;  Code 1935, §  1878;  15 Del. C. 1953, §  5162;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter III. Offenses Carrying Civil Liability › § 5163. Liability of corporation or officers.

§ 5163. Liability of corporation or officers.
In any trial under § 5161 or § 5162 of this title, the acts of any officer of a corporation, insofar as they affect or concern an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether general or special authority as to such acts from the corporation is shown or not.
Nothing contained in § 5161 or § 5162 of this title or in this section shall be construed to relieve any officer of a corporation from individual liability under such sections.
16 Del. Laws, c. 329, §§  1, 2;  Code 1915, §  1789;  Code 1935, §  1878;  45 Del. Laws, c. 147, §  24;  45 Del. Laws, c. 148, §  24;  45 Del. Laws, c. 149, §  24;  15 Del. C. 1953, §  5163;
2023 Delaware Code › Title 15 - Elections › Chapter 51. CRIMINAL OFFENSES › Subchapter III. Offenses Carrying Civil Liability › § 5164. Liability of stakeholder for paying election bet.

§ 5164. Liability of stakeholder for paying election bet.
If any stakeholder, or person with whom any money or thing, laid as a wager or bet on the result of any election, or on the election or defeat of any candidate or person voted for thereat, shall be deposited, shall at any time either before or after such bet shall have been decided, pay over or deliver to either or both of the persons betting the same, or to any other person by the order or for the use of them, or either of them, the money or thing so illegally betted, every such stakeholder or depository shall forfeit and pay to any person who will sue for the same, double the amount of such wager or bet or double the value of the thing betted.
Either of the persons betting shall be competent witnesses against the stakeholder.
Code 1852, §§  314, 315;  Code 1915, §  1813;  Code 1935, §  1902;  15 Del. C. 1953, §  5164;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5301. Bringing armed soldiers into State to interfere with elections; penalty.

§ 5301. Bringing armed soldiers into State to interfere with elections; penalty.
Whoever, being a citizen or inhabitant of this State:
(1) Sends or causes to be sent, brings or causes to be brought into this State, or aids, abets, procures, advises, counsels or in any manner assists in sending or bringing into this State any armed soldier to be present at any voting place in this State or within 5 miles thereof, on the day of any general, special or other election held in this State; or
(2) Aids, abets, procures, advises, counsels or in any manner assists the presence or attendance of any armed soldier at any such voting place, or within 5 miles thereof, on any such election day,
shall be guilty of a felony, and shall be fined not less than $1,000 nor more than $10,000, and imprisoned not less than 1 nor more than 5 years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
12 Del. Laws, c. 326, §  1;  Code 1915, §  1825;  Code 1935, §  1914;  15 Del. C. 1953, §  5302;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5302. Abetting or counseling military interference with elections; penalty.

§ 5302. Abetting or counseling military interference with elections; penalty.
Whoever, being a citizen or inhabitant of this State, aids, abets, procures, advises, counsels or in any manner assists or is guilty of military interference in any manner with the freedom of any election in this State shall be guilty of felony, and shall be fined not less than $1,000 nor more than $10,000 and imprisoned not less than 1 nor more than 5 years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
12 Del. Laws, c. 326, §  2;  Code 1915, §  1826;  Code 1935, §  1915;  15 Del. C. 1953, §  5303;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5303. Civil remedy for interference with voting.

§ 5303. Civil remedy for interference with voting.
(a) Whoever, being a duly qualified elector of this State according to the Constitution and laws thereof, is prevented from voting, or obstructed in that elector's own effort to vote at any election, by reason of any interference by any person or persons, or military power, or other power, exercising or attempting to exercise force, intimidation or threats, or requiring any qualifications or conditions unknown to such Constitution and laws, shall be deemed and taken to have suffered private damage and injury, and shall have civil remedy therefor, in the courts of this State, by civil action against every person who promoted such interference, whether by active participation, or by advising, counseling, or in anywise encouraging the same.
(b) In any trial under this section or § 5304 of this title, the court or jury, if, in their opinion the circumstances will warrant it, may give exemplary damages.
12 Del. Laws, c. 487, §  1;  Code 1915, §  1828;  Code 1935, §  1917;  15 Del. C. 1953, §  5304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5304. Duty to disclose information as to interference with elections.

§ 5304. Duty to disclose information as to interference with elections.
Every citizen of this State who has knowledge of any design on the part of any other citizen or citizens of this State to promote interference with elections, either by soliciting or advising the presence of a military force at or near the place or places of holding such elections or by the employment of any other organized or unorganized body of individuals, or by intimidation or threats shall forthwith make public disclosure of such knowledge, stating names, by an affidavit to be made before any one of the Superior Court Judges of this State, and shall file the same in the office of the Prothonotary of the county where the Judge resides, and if any such citizen, having such knowledge, fails to make such affidavit and cause the same to be filed, such citizen shall be treated as a promoter of the interference mentioned in § 5303 of this title and be liable as is provided in such § 5303.
12 Del. Laws, c. 487, §  2;  Code 1915, §  1829;  Code 1935, §  1918;  15 Del. C. 1953, §  5305;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5305. Ten year limitation on civil actions for voting interference.

§ 5305. Ten year limitation on civil actions for voting interference.
The limitation of actions commenced under §§ 5303 and 5304 of this title shall be 10 years from the time of the accruing of the cause of action.
12 Del. Laws, c. 487, §  3;  Code 1915, §  1830;  Code 1935, §  1919;  15 Del. C. 1953, §  5306;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5306. Special polling place and voting procedure in case of military interference.

§ 5306. Special polling place and voting procedure in case of military interference.
If it happens that by reason of the presence of any military force at or near the place of holding an election in this State, electors duly qualified by the Constitution and laws of this State to vote at such place at the election shall be prevented from or interfered with by military force or by the requirement of oaths unknown to the Constitution and laws in casting their votes, any number of electors not less than 5 may withdraw from the place to any other place within the voting district where such prevention or interference shall take place, and having there, by a majority of the electors present, selected a duly qualified elector of the district, who shall be a freeholder, to act as inspector, deliver to such inspector there their respective ballots. The inspector shall receive the ballots and record the name of the voter upon a list to be kept by that inspector for that purpose and immediately write upon each ballot the name of the person who delivered the same to that inspector, the inspector having first administered to each person offering to vote an oath or affirmation in the following words:
“You do solemnly swear (or affirm) that you are now a duly registered voter of this election district, that you have not voted and will not vote on this day at any other place in this or any other election district, and that you have been hindered or prevented from casting your vote at the regular place of holding the election in this district, by military interference, or by the requirement of oaths unauthorized by the Constitution and laws of this State.”
12 Del. Laws, c. 491, §  1;  Code 1915, §  1831;  Code 1935, §  1920;  15 Del. C. 1953, §  5307;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5307. Duties of inspector at special polling place.

§ 5307. Duties of inspector at special polling place.
(a) The polls authorized to be held by § 5306 of this title shall be held at the place where they are opened unless it be impracticable to hold them there in which event they shall be adjourned to some other place, or places, if necessary, in the election district where they are opened, and there held, and they shall be kept open until 6:
00 in the afternoon, when the inspector shall close them.
(b) As soon as such polls are closed, the inspector holding them, having first ascertained the number of ballots cast, and for whom and for what office the votes were given, and made a certificate thereof, shall seal up the ballots received by that inspector in a box or envelope, and keep them safely, together with the list of the names of the electors who have deposited their ballots with that inspector, until the time of the meeting of the Superior Court of the inspector's county, constituted as provided by § 6, article V, of the Constitution of this State, provided by the election laws, when the inspector shall appear before the Court with the ballots and list of voters and that inspector's certificate, and deliver the certificate to the Court, with an affidavit made by the inspector upon the same, that it contains a true and faithful statement of the number of ballots received by the inspector, the names of the electors who cast them, the number of votes for the different persons voted for and that at the poll held by the inspector, that the inspector did not knowingly receive the ballot of any person not a duly qualified voter within that inspector's election district according to the Constitution and laws of this State and did not refuse to receive the ballot of any person so qualified, who had been prevented from voting at the regular place of voting by military force or the requirement of an oath unauthorized by the Constitution and laws of this State, and that the inspector determined every matter that came before that inspector and performed every act and duty required of the inspector by law touching the election held by the inspector, truly, faithfully and impartially, according to the best of that inspector's skill and judgment.
12 Del. Laws, c. 491, §  2;  Code 1915, §  1832;  Code 1935, §  1921;  15 Del. C. 1953, §  5308;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5308. Canvass of ballots from special polling place.

§ 5308. Canvass of ballots from special polling place.
The Superior Court, sitting as a board of canvass, shall receive the certificate, and in ascertaining and certifying the state of the election shall take into consideration the number of ballots certified by the inspector to have been received by that inspector and for whom and what office the votes were given, and give the certificate the same force and effect as a certificate of the election officers at any of the regular places of holding the election. The votes so given shall be reckoned among the number of votes given in the election district where they were received by the inspector, in the same manner as if they had been given at the regular place of voting in the district; provided always, however, that the Court shall be required to hear and determine challenges as to the right of any person, who delivered that person's own ballot to the inspector, and reject any ballot if the person who cast the same had not a right to vote under the Constitution and laws of this State, either from want of qualification, or by reason of having voted at any other place in the State where the person was entitled to vote on the same day. Such of the ballots so received by the inspector, as are not rejected by the Court and also the list of voters, and the certificate shall be deposited by the Court in the regular ballot box of the election district where they were cast, and the box shall then be immediately resealed by the Court. The Court may also open the ballot box for the purpose. The Court may also examine on oath the inspector touching any matter connected with the inspector's holding of the election, and may if it appear to it that the election was not fairly held by such inspector, reject the inspector's certificate and throw out the vote returned by that inspector.
12 Del. Laws, c. 491, §  3;  Code 1915, §  1833;  Code 1935, §  1922;  15 Del. C. 1953, §  5309;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5309. Procedure in case of military interference with board of canvass.

§ 5309. Procedure in case of military interference with board of canvass.
If it is apparent to the Court sitting as board of canvass that any interference with the performance of its duties will be attempted by military force, or if, after it has met, any such interference is attempted, it may meet at any other place within its county to perform its duties. And further, if any member of the Court, or any such inspector created by virtue of this title, or any inspector of election, is prevented, by reason of such interference from attending the meeting of the Court, or if the Court, being met, shall be prevented by such interference from performing the duties incumbent on it, the Court shall adjourn to meet at some other time and other place, if necessary, to perform its duties under the laws of this State, and so adjourn from time to time until such duties can be performed. The duty of attendance upon the Court on the part of such an inspector created by authority of this chapter, and the penalties upon such inspector for not appearing shall be the same as in the case of the inspectors regularly elected or appointed according to law.
12 Del. Laws, c. 491, §  4;  Code 1915, §  1834;  Code 1935, §  1923;  15 Del. C. 1953, §  5310;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5310. Number of special polling places not limited.

§ 5310. Number of special polling places not limited.
Nothing contained in §§ 5306-5312 of this title shall limit the voting places to 2 in an election district, but, the emergency contemplated in §§ 5306-5309 of this title arising, as many different polls may be held as there are numbers of voters of 5 or more, who under the circumstances withdraw from the regular place of holding the election for the purpose of casting their ballots without intimidation or interference.
12 Del. Laws, c. 491, §  5;  Code 1915, §  1835;  Code 1935, §  1924;  15 Del. C. 1953, §  5311;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5311. Special clerk; appointment; oath.

§ 5311. Special clerk; appointment; oath.
Each inspector chosen under § 5306 of this title may appoint a clerk to aid the inspector in the discharge of such duties as are clerical and shall administer to the clerk before the clerk enters upon the discharge of the duties to be assigned to that clerk an oath or affirmation in these words:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of Clerk of the Election for this election in . . . . . . . . . . . Election District in . . . . . . . .  . . . Representative District in . . . . . . . . . . . County, according to the best of my ability.”
12 Del. Laws, c. 491, §  6;  Code 1915, §  1836;  Code 1935, §  1925;  15 Del. C. 1953, §  5312;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 53. MILITARY OR OTHER INTERFERENCE WITH ELECTIONS › § 5312. Compensation of special election officers.

§ 5312. Compensation of special election officers.
The special inspectors and clerks elected and appointed under this chapter shall receive the same compensation as inspectors and clerks elected and appointed under the provisions of law for a general election.
12 Del. Laws, c. 491, §  6;  Code 1915, §  1836;  Code 1935, §  1925;  15 Del. C. 1953, §  5313;
2023 Delaware Code › Title 15 - Elections › Chapter 54. Early Voting › § 5401. Applicability.

§ 5401. Applicability.
This chapter applies to the following elections:
(1) A 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 by Chapter 73 of this title.
82 Del. Laws, c. 79, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 54. Early Voting › § 5402. Early voting; designated locations [Effective until May 1, 2024].

§ 5402. Early voting; designated locations [Effective until May 1, 2024].
(a) Except as provided by subsection (b) of this section, the State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an election.
(b) The requirement under subsection (a) of this section that early voting locations be open the Sunday immediately before an election does not apply to the presidential primary election date established under § 3181(a) of this title.
82 Del. Laws, c. 79, § 1;  84 Del. Laws, c. 111, § 1A;
2023 Delaware Code › Title 15 - Elections › Chapter 54. Early Voting › § 5402. Early voting; designated locations [Effective May 1, 2024].

§ 5402. Early voting; designated locations [Effective May 1, 2024].
The State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an election.
82 Del. Laws, c. 79, § 1;  84 Del. Laws, c. 111, § 1A;
2023 Delaware Code › Title 15 - Elections › Chapter 54. Early Voting › § 5403. Designation and publication of early voting locations.

§ 5403. Designation and publication of early voting locations.
(a) The State Election Commissioner shall designate and publish the early voting locations at least 30 days before an election.
(b) The State Election Commissioner shall only designate a location as an early voting location if it meets the requirements of § 4512 of this title.
(c) In an election for a statewide office, at least 1 early voting location must be designated in each county, with an additional early voting location in the City of Wilmington.
82 Del. Laws, c. 79, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 54. Early Voting › § 5404. Hours at designated early voting locations.

§ 5404. Hours at designated early voting locations.
(a) The State Election Commissioner shall open the designated early voting locations for at least 8 hours on each day of early voting.
(b) The State Election Commissioner shall close the designated early voting locations no earlier than 7 p.m. on each day of early voting and shall open the designated early voting locations by 7 a.m. on at least 5 of the early voting days.
82 Del. Laws, c. 79, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5501. Purpose of chapter; scope.

§ 5501. Purpose of chapter; scope.
It is the purpose and intent of the General Assembly in enacting this chapter to provide those qualified electors of this State who are unable to appear at an election to cast their ballots at the polling place of their election district with the ability to cast a ballot to be counted in the total for the election district in which the elector is registered, in compliance with article V, § 4A, Delaware Constitution. This chapter shall govern general absentee voting procedures in all primary, general, and special elections conducted in this State; provided, however, that procedures unique to a specific election or election type may be set forth elsewhere in this title.
44 Del. Laws, c. 118, §  20;  47 Del. Laws, c. 316, §  4;  15 Del. C. 1953, §  5501;  49 Del. Laws, c. 278, §  1;  58 Del. Laws, c. 148, §  122;  63 Del. Laws, c. 455, §  1;  75 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5502. Persons eligible to vote by absentee ballot.

§ 5502. Persons eligible to vote by absentee ballot.
Any qualified elector, duly registered, of this State may cast the qualified elector's vote by absentee ballot in any primary election, general election, special election for statewide or local offices and in any election held under the provisions of Chapter 73 of this title. Votes cast by absentee ballot pursuant to this chapter shall be counted in the total for the election district in which the elector is registered if the elector is unable to appear at the polling place of the elector's election district due to 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 marine 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 his or her parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury; or
(4) Because such person is sick or physically disabled; or
(5) Because such person is absent from the district 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; or
(7) Because such person is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [52 U.S.C. § 20301 et seq.] to vote by absentee ballot; or
(8) Because such person is otherwise authorized by federal law to vote by absentee ballot.
44 Del. Laws, c. 118, §  1;  47 Del. Laws, c. 316, §  1;  15 Del. C. 1953, §  5503;  49 Del. Laws, c. 278, §  3;  57 Del. Laws, c. 181, §  75;  58 Del. Laws, c. 148, §  123;  58 Del. Laws, c. 397, §  8;  61 Del. Laws, c. 252, §  1;  63 Del. Laws, c. 67, §§  1-3;  63 Del. Laws, c. 455, §  2;  65 Del. Laws, c. 455, §  1;  68 Del. Laws, c. 301, §§  1, 2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 287, §  3;  77 Del. Laws, c. 227, §§  70, 71;  78 Del. Laws, c. 297, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5504. Distribution of ballots, envelopes, and instructions; envelope specifications; pre-paid postage.

§ 5504. Distribution of ballots, envelopes, and instructions; envelope specifications; pre-paid postage.
(a) Upon receipt of a statement from an elector pursuant to § 5503 of this title, the Department shall process the same and confirm that the elector qualifies for an absentee ballot pursuant to § 5502 of this title.
(b) Not more than 60 nor less than 4 days prior to an election, and within 3 days after the absentee ballots, envelopes, and instructions therefore become available, the Department shall mail, to each elector who requests and qualifies for an absentee ballot pursuant to § 5502 of this title, the following:
(1) An absentee ballot for the election district in which the elector resides;
(2) Instructions for completing the absentee ballot and returning it to the Department, marked “INSTRUCTIONS FOR COMPLETING AND RETURNING AN ABSENTEE BALLOT”; and
(3) An envelope marked “BALLOT ENVELOPE,” which shall be:
a. Of the type known as a security mailing envelope, designed to securely protect the contents thereof from tampering, removal, or substitution without detection;
b. Large enough to carry the ballot envelope containing the completed absentee ballot; and
c. Addressed for return to the Department.
(c) Postage for all mailings made pursuant to this subsection shall be pre-paid by the Department.
(d) Nothing contained in this section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto when the request is made less than 4 days prior to the election.
44 Del. Laws, c. 118, §§  4, 7;  45 Del. Laws, Sp. Sess., c. 5,, §  2;  45 Del. Laws, c. 155, §§  3, 6;  46 Del. Laws, c. 181, §  1;  15 Del. C. 1953, §  5506;  60 Del. Laws, c. 414, §  14;  63 Del. Laws, c. 455, §  3;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 427, §§  1, 2;  79 Del. Laws, c. 275, §  87;  81 Del. Laws, c. 106, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 55. ABSENTEE VOTING › § 5505. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility.

§ 5505. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility.
(a) The Department shall provide to each elector to whom it sends an absentee ballot an envelope which shall be:
(1) A color other than white;
(2) Large enough to hold a completed ballot; and
(3) Designed to protect its contents from tampering, removal or substitution without detection.
(b) Upon each envelope provided pursuant to this section shall appear:
(1) The words “BALLOT ENVELOPE”;
(2) An alphanumeric symbol and/or barcode for use in accounting for the absentee ballot;
(3) Identification information for the elector receiving the absentee ballot, including:
the name of the county within which the elector is domiciled, the elector's name, the elector's address, the elector's election district, the elector's representative district, and such other information as the Department may require; and
(4) The following oath:
“I do solemnly swear (affirm) that to the best of my knowledge I am eligible to vote in the State of Delaware and that my voting address is as it appears on the label on this envelope. I also do solemnly swear (affirm) under penalty of perjury that I have not received or accepted, or offered to receive or accept, any money or other item of value as compensation, inducement or reward for the giving or withholding of a vote at this election, nor that I am acting under duress or threat of duress or harm.”
(5) If the voter is voting under the provisions of the Uniformed and Overseas Citizens Voting Act [52 U.S.C. § 20301 et seq.], the oath shall be as provided by that act as amended.
(6) The voter's signature.
44 Del. Laws, c. 118, §  5;  45 Del. Laws, c. 155, §  4;  47 Del. Laws, c. 316, §  2;  15 Del. C. 1953, §  5507;  49 Del. Laws, c. 278, §  7;  50 Del. Laws, c. 173, §  10;  58 Del. Laws, c. 148, §  128;  60 Del. Laws, c. 414, §  15;  65 Del. Laws, c. 455, §  4;  68 Del. Laws, c. 301, §  4;  70 Del. Laws, c. 188, §  27;  75 Del. Laws, c. 149, §  1;  75 Del. Laws, c. 427, §  3;  79 Del. Laws, c. 275, §  88;  81 Del. Laws, c. 106, § 3;