Electronic Voting Systems

Del. Code tit. 15, ch. 50
in effect

Del. Code tit. 15, § 5001 Electronic voting system use.

An election conducted under this title must use an electronic voting system and must comply with the requirements under this chapter.

Del. Code tit. 15, § 5002 Requirements.

(a) An electronic voting system adopted, purchased, or used must meet all of the following: (1) Each voting device that is part of the electronic voting system must comply with all of the following: a. Have a serial number permanently attached to or stamped on the device. b. Secure secrecy to the voter during the act of voting, including the requirements under subsection (b) of this section. c. Allow ballots to contain all of the following: 1. As many ballot questions as may be included in an election conducted in this State. 2. Candidates from as many parties that may be included in an election under this title. d. Allow the voter to cast votes as follows: 1. For the candidates of any party on the ballot. 2. For candidates on the ballot who are not affiliated with a party. 3. By writing in the name of a declared write-in candidate. 4. By writing in the name of the voter’s choice for any office. 5. For or against each ballot question on the ballot. e. Permit the voter to vote for as many candidates for an office for which the voter is lawfully entitled to vote. The automatic tabulating equipment used in the electronic voting system must prevent the voter from casting votes on a ballot card or voting device if the number of choices for that office exceeds the number for which the voter is entitled to vote. f. Prevent the voter from voting for the same candidate more than once for the same office. g. Permit the voter to vote for or against any ballot question the voter may have the right to vote upon, but no other. h. 1. Prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch, or other action. 2. Notwithstanding paragraph (a)(1)h.1. of this section, the voting device must provide a method, for each party, that allows for voting for all presidential electors of that party by 1 mark, punch, or other action. (2) a. Permit each voter in a primary election to vote for only the candidates of the party designated in that individual’s voter registration record. b. Prevent a voter in a primary election from voting for any candidate seeking nomination by any other political party. (3) Correctly record and accurately count all votes cast as follows: a. For each candidate on the ballot. b. For each declared write-in candidate. c. That are not for a candidate on the ballot or for a declared write-in candidate. d. For or against each ballot question. (4) Allow each voting device to be sealed in a manner that prevents the use of the voting device and prevents tampering with ballot labels as follows: a. Before and after the polls are open. b. Before the operation of the voting device for an election begins. c. Immediately after the polls are closed or after the operation of the voting device for an election is completed. (5) Prevent the voter from voting for the same person more than once for the same office. (6) Permit the voter to vote for or against any question the voter may have the right to vote upon, but no other. (7) Permit each voter in primary elections to vote only for the candidates of the party with which the voter has declared that voter’s own affiliation, and preclude the voter from voting for any candidate seeking nomination by any other political party. (8) Correctly record and accurately count all votes cast for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by votes. (9) Be provided with means for sealing the vote recording devices to prevent its use and to prevent tampering with ballot labels, both before and after the polls are open or before the operation of the vote recording device for any election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed. (10), (11) [Repealed.] (b) All voting devices used in an election must have features that prevent another individual from seeing the votes cast by the voter, except as necessary to allow an individual to assist a voter under § 4943 of this title. (c) At the time of purchase and before delivery to and acceptance by this State, a voting system must be 1 or more of the following: (1) Certified by the United States Election Assistance Commission (EAC), or designated federal authority, as meeting or exceeding the voluntary voting systems guidelines promulgated by the EAC. (2) Certified by the EAC, or designated federal authority, as meeting or exceeding the EAC’s voluntary voting system guidelines version 2.0. (3) Substantially equivalent to voting devices already in use in this State that were acquired in compliance with paragraphs (c)(1) or (c)(2) of this section. (d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.

Del. Code tit. 15, § 5003 Compliance guarantee.

Before an electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing that voting system must provide the Commissioner an adequate written guarantee and post a bond accompanied by satisfactory surety guaranteeing and securing all of the following: (1) That the voting system, including the voting devices, comply fully with all of the requirements under § 5002 of this title. (2) The voting device against defects in labor and materials for a period equal to either of the following: a. Five years from the date the Department receives the voting devices. b. For a rented voting device, for the period of rental.

Del. Code tit. 15, § 5004 Voting devices; software designations.

(a) (1) No later than July 1 of each odd-numbered calendar year, the Commissioner shall designate the software and version of that software (software) that must be used on the Department’s voting devices during the next statewide general election. (2) Voting devices must use the software designated under paragraph (a)(1) of this section for elections held on or after September 1 of that calendar year. (3) Voting devices may use the software installed under paragraph (a)(2) of this section for elections held before September 1 of the next odd-numbered calendar year. (b) In addition to operating each voting device in compliance with the requirements under § 5003 of this title, the software designated under paragraph (a)(1) of this section must meet all of the following criteria: (1) Actively used in at least 2 other jurisdictions in the United States. (2) Certified by 1 or more of the following: a. The Election Assistance Commission. b. A voting system testing laboratory accredited pursuant to the Help America Vote Act of 2002 [52 U.S.C. § 20901 et seq.] (3) Approved for use by the manufacturer of the voting devices. (c) If there are multiple versions of software that meet the requirements under subsection (b) of this section, the Commissioner may select the software that the Commissioner determines is best suited to meet the requirements under this title after considering all of the following: (1) How recently each version was released. (2) The experiences of other jurisdictions in the United States with the software under this subsection (c). (3) The recommendations of the voting device manufacturer. (4) The recommendations of Department employees. (5) Any other factors that the Commissioner deems relevant. (d) Notwithstanding subsection (a) of this section, at any time, the Commissioner may change the designated software for the Department’s voting devices if necessary to address a material security flaw in the previously designated software.

Del. Code tit. 15, § 5006 Number of voting devices per election district.

(a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters assigned to that polling place, or majority fraction thereof. (b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device for every 800 registered voters assigned to that polling place, or majority fraction thereof.

Del. Code tit. 15, § 5010 Preparation of voting devices.

(a) (1) a. The Department shall deliver the number of voting devices required under § 5006 of this title to each polling place before the time that the election officers are required to report for duty. b. The Department shall program each voting device delivered under paragraph (a)(1)a. of this section to produce at least 2 copies of the paper tape showing the number of votes cast on that voting device for each candidate and ballot question. (2) Before each election, the Department shall certify that each voting device that will be delivered to a polling place has been properly prepared and inspected by doing all of the following: a. Confirming that all software installed on the voting device is the software required under § 5004 of this title. b. Checking the accuracy of the voting device by doing all of the following: 1. Simulating voting by entering sample votes on the voting device. 2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically. (b) [Repealed.] (c) (1) The Department shall designate at least 2 individuals to certify all of the following: a. The numbers on the voting devices and the election districts for which they are designated are correct. b. All of the voting devices are in proper working condition. c. All of the voting devices are properly sealed. (2) The individuals designated under paragraph (c)(1) of this section cannot have the same party affiliation, as recorded in each individual’s voter registration record. (d) [Repealed.] (e) (1) No more than 10 days before an election, the Department shall test all voting systems, including the absentee ballot system, to confirm that the voting systems will accurately count the votes cast for all candidates and on all ballot questions. (2) The Department shall provide notice of the time and place of the tests under paragraph (e)(1) of this section as follows: a. Posting a public notice under § 10004 of Title 29. b. Providing a copy of the public notice to the state chairperson of each party with a candidate on the ballot. (f) The certification required under this section is a public record available for inspection at the Department under the Delaware Freedom of Information Act, Chapter 100 of Title 29. (g) The Department shall require that a person with custody of a voting device ensures the safety and protection of the voting device at all times, including all of the following: (1) During delivery. (2) Storage before the election. (3) Storage after the election.

Del. Code tit. 15, § 5012 Inoperative voting devices.

(a) If a voting device becomes inoperative during the conduct of an election, the election officers shall seal the voting device in a manner that prevents further voting on that voting device. (b) The Department shall maintain and hold in readiness a reasonable number of extra voting devices that can be supplied to election districts where a voting device has become inoperative. The Department shall take reasonable steps to ensure rapid delivery of these voting devices when needed.

Del. Code tit. 15, § 5014 Audits; procedures.

(a) (1) An audit of election results under this chapter (audit) must count by hand the votes on each paper ballot from a voting device and compare the paper ballot totals to the totals kept by the voting device electronically. (2) An audit completed under § 5015(b) or § 5016(c) of this title must include all ballots cast in a selected election district, including ballots cast during early voting and absentee ballots. (b), (c) [Repealed.] (d) The Department shall perform all of the following at a public meeting conducted under § 10004 of Title 29: (1) A random selection required for an audit under § 5015, § 5016, or § 5017 of this title. (2) An audit under § 5015, § 5016, or § 5017 of this title. (e) (1) Within 60 days of an audit under this chapter, the Department shallcomplete a report that contains the results of that audit. (2) a. The Department shall post the report required under paragraph (e)(1) of this section on the Department’s website and submit the report to the Director and the Librarian of the Division of Legislative Services and the Delaware Public Archives. b. If the election results in the report were for an election held by a school district or municipality, the Department must also submit the report to the chief officer of the jurisdiction in which the election was held. (f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a discrepancy that include all of the following: (1) The thresholds that trigger the Department or others to take a specific action. (2) The specific actions to be taken by the Department or others once a threshold is triggered. (3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.

Del. Code tit. 15, § 5015 Audits; elections for state or county offices.

(a) Within 48 hours of the certification of the results of an election for a state or county office, the Department shall conduct an audit of all of the following: (1) One randomly selected voting device in each county where the election was held. (2) If the election included an election district with area in the City of Wilmington, 1 randomly selected voting device in the City of Wilmington. (b) Within 60 days of the certification of the results of an election for a state or county office, the Department shall conduct an audit of all of the following: (1) a. The results of all votes cast for all offices in 1 randomly selected election district in each county where the election was held. b. If the election included an election district with area in the City of Wilmington, the results for all votes cast for offices in 1 randomly selected election district in the City of Wilmington. (2) After an election for 1 or more statewide offices, the results of all votes cast for 1 statewide office as follows: a. One randomly selected election district in each county. b. One randomly selected election district in the City of Wilmington. c. The election district in New Castle County that is audited under paragraph (b)(2)a. of this section must not include area in the City of Wilmington. (c) (1) An election district audited under paragraph (b)(1) of this section cannot be an election district from which a voting device was selected under subsection (a) of this section. (2) An election district audited under paragraph (b)(2) of this section cannot be an election district from which a voting device was selected under subsection (a) or paragraph (b)(1) of this section.

Del. Code tit. 15, § 5016 Audits; elections for City of Wilmington offices.

(a) This section applies to elections conducted for offices in the City of Wilmington under subchapter II of Chapter 75 of this title. (b) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election. (c) (1) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected election district where the election was held. (2) An election district audited under paragraph (c)(1) of this section cannot be an election district from which the voting device was selected under subsection (b) of this section.

Del. Code tit. 15, § 5017 Audits: school district elections.

(a) This section applies to school district elections conducted under Title 14. (b) After an election for a school board member, the Department shall conduct audits as follows: (1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election. (2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected polling place where the election was held. (3) A polling place audited under paragraph (b)(2) of this section cannot be the polling place from which the voting device was selected under paragraph (b)(1) of this section. (c) After a referendum election, the Department shall conduct audits as follows: (1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election. (2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected polling place where the election was held. (3) A polling place audited under paragraph (c)(2) of this section cannot be the polling place from which the voting device was selected under paragraph (c)(1) of this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c050/index.htmlFetched: 10/4/2026