Conduct of Election

Del. Code tit. 15, ch. 49
in effect

Del. Code tit. 15, § 4901 Notice of election.

Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.

Del. Code tit. 15, § 4902 Absence of election officer on election day; notice to Department.

If on the day of holding an election any election officer authorized by law to serve at the election in any election district is absent from the place of election at 7:00 a.m., the inspector, if present, or, in the absence of the inspector, then any judge who may be present, shall immediately notify the Department office in that inspector’s or judge’s county of the absence.

Del. Code tit. 15, § 4903 Reading of election law provisions to election officers.

Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled election officers.

Del. Code tit. 15, § 4904 Oath at polling place before opening an election.

Before opening the election, the inspector, judges, clerks and any other appointed election officers shall subscribe to the following oath: “I do solemnly swear (or affirm) that in the election to be held on the ________________ day of ________________________________ A. D. ________________ I will not knowingly or willfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such election, or any other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conduct of the election, I shall disclose the same to the Department of Elections that is conducting the election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”

Del. Code tit. 15, § 4905-4908 §§ 4905-4908. Meaning and scope of inspector’s or judge’s oath; oath of clerk of elections on election day; meaning and scope of clerk’s oath; reading of sections declaring meaning and scope of oaths.

Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.

Del. Code tit. 15, § 4909 Administering and signing the oath.

(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election officers appointed in the election district. A judge shall then administer the oath to the inspector. (b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the oath to any election officer who was not present when the oath was administered to the other election officers. The election officer shall then sign the oath of office.

Del. Code tit. 15, § 4910 Instruction sheets; sample ballots.

(a) The State Election Commissioner, in collaboration with the Department offices, shall design a poster or posters that is uniform throughout the State. The poster or posters must be publicly displayed in each polling place on the day of the election. The poster or posters must contain all of the following information: (1) Information stating the date and hours during which the polling place will be open. (2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot. (3) A statement on the importance of verifying that the markings on the voting device-printed paper ballot reflect the voter’s intended choices, and instructions on what steps to take if the paper ballot does not reflect the voter’s actual choices. (4) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [52 U.S.C. § 21083(b)]. (5) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated. (6) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation. (b) The Department shall also provide for each election district 2 sample ballots applicable to such election district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies to the proper election officers throughout the county. (c) The Department shall deliver sample ballots free of change for each unique ballot in the county to the county chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the election. (1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more. (2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor parties may receive up to 15 sample ballots without charge. (3) The Department shall establish the cost for additional sample ballots beyond the number specified in paragraphs (c)(1) and (2) of this section above. (d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the Department shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any political party in any county. However, the Department shall not have printed any sample ballots upon the order or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered.

Del. Code tit. 15, § 4911 Display of flags, signs and maps at polling places.

(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall be provided by the Department. (b) The Department shall print individual, large-size wall maps for each representative district within the State. The individual maps shall also designate the boundaries of all election districts within each representative district, with every polling place therein plainly marked on the map. (c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said map to determine correct voting places, election districts and representative districts so long as there is no unreasonable interference with voting procedures.

Del. Code tit. 15, § 4912 Procedure prior to opening of polls.

(a) The election officers of each election district shall arrive at the polling place 1 hour before the time set for opening of the polls and shall prepare the polling place for the conduct of the election. The election officers shall post conspicuously within the polling place an instruction poster and 2 sample ballots. (b) The election officers shall verify that the correct devices are in the polling place and that the serial numbers match the numbers on the certificate provided by the Department. The election officers shall report any irregularities with the devices to the Department office in the county where the voting device is located. (c) The election officers shall observe the opening of the polls procedure for each voting device and ensure that the public counts and the card counts are zero.

Del. Code tit. 15, § 4913 Presence of party representative to aid in qualification of election officers; presence of other persons.

(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then printed for any general or special election may at the opening of the election be present to aid in the proper qualification of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or the place where the election is held. (b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section shall enter the room in which the voting is to take place before the opening of the polls.

Del. Code tit. 15, § 4931 Time and manner of opening election.

The general election shall be opened in every election district at 7:00 in the morning, by the inspector making proclamation that the election is open.

Del. Code tit. 15, § 4933 Persons permitted in the voting room.

(a) The following persons shall be admitted to the voting room: (1) Members and employees of the Department identified by a badge or written authorization; (2) The State Election Commissioner and the Commissioner’s employees identified by a badge or written authorization; (3) Persons voting and waiting to vote, or a child lawfully accompanying such person pursuant to § 4937(e) of this title, or a person providing voter assistance pursuant to § 4943 of this title; (4) One challenger from a political party with a candidate on the ballot as provided in § 4934 of this title; (5) Any people accompanied by persons listed in paragraphs (a)(1) and (2) of this section above; (6) Persons with business in the building that is not connected to the election. For example: an athletic team picking up or dropping off equipment at their school. Such persons shall remain outside of the voting room except to pass through or by the voting room in the conduct of their business; (7) A person or persons deemed necessary to the conduct of the election by majority vote of the inspector and judges. (b) No other person except as noted below shall be permitted within 50 feet of any entrance to the building used by voters. (c) Media and persons conducting exit polls shall be permitted within the 50-foot exclusion zone, but may not talk to persons who have not voted while in the 50-foot exclusion zone.

Del. Code tit. 15, § 4934 Challengers; appointment and powers.

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day. (b) The challengers shall be peace officers with the same powers preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector and judges shall each have the duty to caution the challengers concerning the foregoing and, if the challenger persists, that challenger may be ejected by a majority vote of the judges and the inspector. Provided, further, that nothing in this subsection shall be construed to prevent a substitution of another challenger for one who has been ejected. (c) If a challenger is ejected as provided in subsection (b) of this section and the inspector or judges who voted for such ejection wilfully voted for ejection without cause, each such inspector or judge so voting shall be deemed to have knowingly and wilfully violated that inspector’s or judge’s official duty.

Del. Code tit. 15, § 4935 Special officers at entrance of polling place.

Repealed by 75 Del. Laws, c. 232, § 60, effective Feb. 1, 2006.

Del. Code tit. 15, § 4936 Order of voting; determination of challenge.

Voters shall approach and enter the passage in the order in which they appear for the purpose of voting. If any person offering to vote is challenged by 1 of the challengers or by any 1 of the election officers, such person’s right to vote shall be immediately determined in accordance with this title. If such person’s vote is refused, that person shall be offered the right to vote by provisional ballot. If the person refuses to vote by provisional ballot, that person shall immediately stand aside, give place to the person next in line and leave the polling place.

Del. Code tit. 15, § 4937 Voting procedure.

(a) A voter, upon entering the room where an election is being held, shall announce that voter’s own name and address and provide proof of identity, whereupon the clerks shall place a mark or make a notation of his or her name upon the election district record. In the event the voter does not have proof of identity with them, the voter shall sign an affidavit of affirmation that the voter is the person listed on the election district record. (b) If it appears that the voter is properly registered, an election officer shall hand to the voter a voter signature card which the voter shall sign. In the event that the voter is unable to sign a voter signature card for any reason the election officer shall sign the voter’s name on the voter signature card and the election officer’s name and make note that the voter is unable to personally sign the card. (c) In the event of a challenge as to the identity of the voter or residency of the voter, the voter’s right to vote shall be determined by a majority vote of the inspector and the 2 judges of the election. In the event that the voter is not permitted to vote, the voter’s signature card shall be marked “not permitted to vote” and signed by 2 election officers and shall be forwarded to the department at the same time and in the same manner as other voter signature cards are sent to the department. (d) If the voter is not challenged or if a challenge is decided in the voter’s favor, 1 of the election officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit the voter to pass through the entrance to the booth of the voting machine for the purpose of casting the voter’s vote. No voter shall remain in the voting machine longer than 3 minutes, unless for good and sufficient reason the voter be granted a longer period of time by the election officers in charge. When the voter has cast a vote, the voter shall at once leave the room. If the voter refuses to leave after a reasonable period, they shall be removed by the election officers. No voter, after having entered and emerged from the voting machine booth shall be permitted to enter the voting machine booth. No voter shall hold any conversation or communicate with any other person than an election officer while in the voting room, except as otherwise provided in this title. (e) The rest of this title notwithstanding, any parent, guardian or caregiver may be accompanied in the voting area and voting machine by the parent’s, guardian’s or caregiver’s children or by children for whom they are providing care who are 17 years of age or younger. Any challenge to the age of any child shall be resolved by the voter affirming to the inspector that the child or children being challenged are 17 years of age or younger.

Del. Code tit. 15, § 4938 Grounds for admitting a person to a voting machine.

The election officers shall only admit to a voting machine a person whose name appears on the poll list, who is authorized to vote by the department of elections or who is authorized to vote by court order.

Del. Code tit. 15, § 4939 Determination of challenge based on identity of voter.

If a vote is objected to for the reason that the person offering to vote is not the person whose original permanent registration record appears in the Election District Record, its admission or rejection shall be determined according to the opinion of a majority of the inspector and judges.

Del. Code tit. 15, § 4940 Disqualification because of bribery; determination of challenge.

(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register or for giving or withholding or in any manner influencing the giving or withholding a vote at any general election in this State, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the following oath or affirmation, which shall be administered by the inspector: “I, ________________________________ do solemnly swear (or affirm) that I have not received or accepted, or offered to receive or accept, paid or transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another to be paid or used any money or other valuable thing as compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register, or for the giving or withholding a vote at this election. Signed ________________________________________________________________ Sworn and subscribed to before me this ________ day of November, A. D. ________ ________________________________________________________________ Inspector.” (b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section, shall be competent evidence in any proceeding against the party making the same. (c) In order to enable the election officers to carry into effect this section, the Department shall cause to be prepared not less than 15 blank forms of the oath or affirmation provided for in this section and shall cause said oaths to be delivered to each inspector in each of the election districts of that inspector’s county at the time provided in § 4509 of this title.

Del. Code tit. 15, § 4941 Residency of voter.

If a vote is objected to for the reason that the individual is not a resident of the election district listed in that individual’s voter registration record, the individual’s place of residence is determined under § 103 of this title and the following rules apply: (1) If an individual who has resided within this State moves outside this State and establishes a new place of residence under § 103(d) of this title, the individual loses their qualification of residence within this State. (2) An individual registered to vote in this State who has moved from a place of residence located within 1 election district within this State to a new place of residence within a different election district within this State shall be permitted to vote at the polling place for that individual’s new place of residence.

Del. Code tit. 15, § 4942 Electioneering in polling place; penalties; definitions.

(a) No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election. No political headquarters or gathering shall be permitted within that building during the conduct of the election. (b) Whoever violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both. (c) Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and wilfully violated that election officer’s own official duty. (d) For the purposes of this section the following definition shall apply: “Electioneering” includes political discussion of issues, candidates or partisan topics, the wearing of any button, banner or other object referring to issues, candidates or partisan topics, the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics, the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise into the polling place or the area within 50 feet of the entrance to the building in which the voting room is located.

Del. Code tit. 15, § 4943 Voting assistance based on blindness, disability, or illiteracy; instructions for voters.

(a) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union. (b) Any election officer may provide instruction or information for a voter through use of 1 of the sample ballots posted in the voting room. (c) Whenever a voter requests further instructions in the manner of voting or the operation of the voting machine after having entered the voting machine booth, 2 election officers of opposite political parties shall jointly give such instructions. In doing so, the officers shall take care not to assist the voter in any manner that might influence that voter’s vote. After giving instructions, both officers shall retire before the voter begins to register that voter’s vote, which the voter shall do in secret at all times.

Del. Code tit. 15, § 4944 Vote for candidates for President and Vice President as vote for their electors.

A vote for the candidates of a political party for President and Vice President of the United States shall be a vote for all the electors of President and Vice President of such party, the names of whom are on file with the State Election Commissioner and shall be as effective as if the vote was given directly for the electors.

Del. Code tit. 15, § 4945 Majority vote of inspector and judges of election.

The concurrence or assent of a majority of the inspector of election and 2 judges of election in any election district is required for the valid exercise by such persons of any power, authority or duty conferred upon or required of them by this title, unless specifically provided otherwise.

Del. Code tit. 15, § 4946 Powers of election officers to preserve order during election; penalty.

(a) The inspectors of election, from the opening of the election until all the duties and proceedings connected therewith are fully completed, may: (1) Command the peace; and (2) Require sureties of the peace from any person disturbing the election, or the officers thereof in the performance of their duties; and (3) Commit to prison for refusal or neglect to find such surety. Whoever, being an officer or other person, disobeys the lawful commands of any inspector of election, shall be fined $50. (b) The election officers in each election district, while discharging any of the duties imposed upon them by this title, may: (1) Preserve order and enforce obedience to their lawful commands at and around the place of election during the time of any election and counting of votes; (2) Keep the access to such places open and unobstructed; (3) Prevent and suppress riots, tumult, violence, disorder and all improper practices tending to the intimidation or obstruction of voters, the disturbance or interruption of the voting or counting of votes; and (4) Protect the voters and challengers from intimidation and violence, and the registers, poll books, boxes, envelopes and ballots from violence and fraud; and (5) Deputize, if necessary, 1 or more electors to communicate their orders and directions and to assist in the enforcement thereof.

Del. Code tit. 15, § 4947 Time and manner of closing election.

The election shall be continued open until 8:00 p.m. when it shall be closed. In closing the election the inspector and the judges shall, nevertheless, permit those electors to vote who have presented themselves and have offered to vote prior to 8:00 p.m., provided that at 8:00 p.m. they shall be in a line awaiting their turn to vote within the voting room itself or if the line extends outside of the voting room itself within that line; any person who has not voted or who has not presented himself or herself and offered to vote and is not waiting in line by 8:00 p.m. shall not be permitted to vote after the hour of 8:00 p.m. The inspector shall one-half hour before closing the election make proclamation that the election will be closed in that time.

Del. Code tit. 15, § 4948 Provisional ballots.

(a) Provisional ballots must be used in elections for federal offices. (b) (1) An individual claiming to be properly registered in an election district, but whose eligibility to vote at that election district cannot be determined, is entitled to cast a provisional ballot for the federal offices on the ballot in that election. (2) Election officers shall inform an individual who is not being permitted to vote, for any reason, that the individual may cast a provisional ballot for the federal offices on the ballot in that election. (3) The inspector shall return all voted provisional ballots to the Department on the night of the election. (c) (1) a. An individual voting a provisional ballot must present proof of identity and address to the election officers. b. The election officers shall indicate the form of the proof provided under paragraph (c)(1)a. of this section on the provisional ballot envelope. (2) Notwithstanding paragraph (c)(1) of this section, if the individual does not show proof of identity or address, the individual must be permitted to vote by provisional ballot. The election officers shall indicate that the individual did not show proof of identity or address, or both, on the provisional ballot envelope. (d) [Repealed.] (e) (1) A provisional ballot must be labeled as a provisional ballot and to the extent possible, must be in the same form as absentee ballots for the federal offices on the ballot in that election. (2) For a general election, the Department shall provide a minimum of 10 blank provisional ballots to each election district and additional blank provisional ballots as follows: a. A minimum of 20 blank provisional ballots to election districts with 3 or more assigned voting devices. b. A minimum of 30 blank provisional ballots to election district with 4 or more assigned voting devices. (3) For a primary election, the Department shall develop a standard. to determine the number of provisional ballots that should be provided. (4) The Department shall deliver additional provisional ballots, envelopes, instructions, or voter information sheets to the polling place for an election district when notified by an election officer from the district that the supply of some or all of the provisional ballot materials is very low. (f) Election officers shall give whatever assistance is requested by an individual who is voting by provisional ballot. When the assistance the voter requests includes marking or assisting in marking the individual’s ballot, 2 election officers with different political party affiliations shall provide that assistance. (g) An individual who spoils their own provisional ballot must upon request, be given a replacement ballot after surrendering the spoiled ballot. (h) Tallying provisional ballots.— (1) The day following an election in which provisional ballots were used, the Department shall examine the provisional ballots, determine which of those ballots should be tallied in accordance with the rules under paragraphs (h)(2) through (h)(8) of this section, and then tally those ballots. (2) The Attorney General shall appoint a Deputy Attorney General to advise the Department as requested during the provisional ballot tallying process. (3) The county chairperson of each political party with a candidate on a provisional ballot within the county may appoint, in writing, 1 observer to be in the room where provisional ballots are being reviewed and tallied. (4) The Department shall sit until the disposition of every provisional ballot has been determined. The Department shall establish an appropriate schedule of breaks, meals, and rest periods. (5) If the provisional ballot affidavit is incomplete, the provisional ballot must be set aside, must not be opened, and the votes not tallied. An incomplete affidavit is an affidavit that does not include all of the following information about the individual who voted by that provisional ballot: a. Full name. b. Complete address. c. If a primary election, political party affiliation. d. Date of birth. (6) If the individual who voted by provisional ballot did not show suitable identification at the polling place, the ballot must be set aside, must not be opened, and the votes not tallied. (7) A provisional ballot cast by an individual who is not registered to vote in this State or who is not registered to vote in the election district in which the provisional ballot was cast must be set aside, must not be opened, and the votes not tallied. (8) A provisional ballot cast by an individual who is registered to vote and who has moved into the election district shall be counted if the individual voted at the correct polling place for that individual’s new address. (9) The Department shall tally the provisional ballots that meet the requirements under paragraphs (h)(2) through (h)(8) of this section. (10) After completing the tally under paragraph (h)(9) of this section, the Department shall do either of the following: a. For a primary election, canvass the provisional ballots. b. For a general election or a special election, deliver all of the following to the prothonotary: 1. One copy of the provisional ballot tally sheet for each election district. 2. All provisional ballots cast in the election. 3. All affidavits, envelopes, and supporting documentation. (i) Post-election processing and notification.— (1) As soon as practical, but not later than 30 days following an election in which provisional ballots were used, the Department shall enter the appropriate data into a free access system so that an individual who voted by provisional ballot may determine if their ballot was counted, and if it was not counted, all of the reasons it was not counted. (2) a. The Department shall use the provisional ballot affidavit as authority to register an individual to vote after the individual voted by provisional ballot in an election if all of the following apply: 1. The individual is not already registered to vote. 2. The minimum information required to register an individual to vote is provided. b. The Department shall use the provisional ballot envelope to update all of the following if the information is different than the information on the individual’s voter registration record: 1. The registered voter’s name. 2. The registered voter’s address.

Del. Code tit. 15, § 4971 Counting absentee votes; penalty for disclosure.

Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.

Del. Code tit. 15, § 4972 Rules regarding what constitutes a legal vote.

(a) (1) Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast a ballot. (2) A voter who has cast a ballot on a voting device may not cast a second ballot under any circumstances. (3) The paper ballot reflecting the voter’s choices is the legal voted ballot of record. (b) (1) a. Votes cast by absentee ballots must be counted as the votes are intended on the ballot. b. The voter shall mark the voter’s selections on the absentee ballot as instructed. (2) If the ballot scanning device is unable to determine the voter’s intent, a team of election judges reviews and adjudicates the votes on the absentee ballot. A team of election judges (election judges) may be either of the following: a. A team of election judges under § 5510 of this title. b. The county director and county deputy director. (3) Election judges shall adjudicate the votes on an absentee ballot as follows: a. Where a voter indicates the voter’s own selections in a manner that does not comply with paragraph (b)(1)b. of this section, the election judges shall attempt to determine from the marks on the ballot the candidate or response to a ballot question that the voter intended to select. b. If it is not possible to determine a voter’s choice for an office or response to a ballot question, the ballot may not be counted for that office or ballot question but must be counted for all other offices and ballot questions where the voter’s intention can be determined. c. A voter may only vote for 2 or more choices for any office or ballot question when specifically allowed in the instructions on the ballot. d. When a voter may make more than 1 choice for an office or a ballot question, the voter may make fewer than the total number of choices allowed. e. If a ballot is marked for more choices than allowed under paragraph (b)(3)c. of this section, all of the following apply: 1. The votes for that office or ballot question are not counted. 2. The votes for all other offices or ballot questions on the ballot must be counted or adjudicated as required under this section. f. If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for an office or a ballot question, all of the following apply: 1. The vote for that office or ballot question is not counted. 2. The votes for all other offices and ballot questions on the ballot determined must be counted or adjudicated as required under this section. g. A misspelled, incomplete, or minor variation of the name of a declared write-in candidate for an office must be counted as a vote for that candidate if any of the following apply: 1. The name as written bears a reasonable resemblance to the declared candidate’s name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter’s intention. 2. The last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more candidates for that office with the same last name. h. Writing in the name of a candidate for President or Vice President constitutes a valid vote for all presidential electors of that party. (4) When adjudicating the votes on an absentee ballot under paragraph (b)(3) of this section, the election judges must try to reach a decision by consensus. If the election judges cannot reach consensus, the following steps apply: a. If the election judges are a team under § 5110 of this title, the election judges must confer with the county director and county deputy director, who shall attempt to help the election judges reach a consensus decision. b. If the election judges are a team under paragraph (b)(2)b. of this section or the election judges do not reach a consensus decision after the discussion under paragraph (b)(4)a. of this section, the county director and county deputy director must confer with the Commissioner and the Commissioner makes the final determination.

Del. Code tit. 15, § 4973 §§ 4973, 4974. Disqualified ballots; notation and preservation of disqualified or disputed ballots and envelopes.

Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.

Del. Code tit. 15, § 4975 Removing the results from the voting device or devices and dispatching the voted paper ballots in a secured container and the media containing the election results to the Department.

(a) (1) After the polls have closed and the last voter has finished voting and exited the polling place, the inspector shall close and secure each voting device as instructed and complete the required documentation. (2) After the polls have closed, the election officers shall produce a report of the write-in votes. (b) After the polls have closed, the election officers shall remove the ballot container and the media containing the election results from each voting device and deliver them to the Department as instructed. (c)-(e) [Repealed.]

Del. Code tit. 15, § 4977 Persons authorized to be present during the count and tabulation.

Any candidate and any duly accredited challenger may be admitted to the voting room after the closing of the polls to observe the counting and tabulation of votes. Such persons shall be afforded the full opportunity to examine the ballot, results tapes from each voting machine, voting machine certificates and the tally sheets.

Del. Code tit. 15, § 4979 Delivery of certificates, election records and supplies, voting machines, and absentee ballot boxes [Repealed].

Del. Code tit. 15, § 4980 Return and custody of voting devices, media containing election results, and ballot container.

(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary’s custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction. (b) After the board of canvass has completed its canvass of the vote, the prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected for the purpose of conducting an audit under Chapter 50 of this title or by any duly authorized member or agent of the General Assembly or the Attorney General.

Del. Code tit. 15, § 4981 Duties of Department and State Election Commissioner following an election.

(a) Immediately following an election, the Department shall upload all updated voter history from the electronic poll books to the State’s voter registration system. (b) [Repealed.]

Del. Code tit. 15, § 4990 Applicability.

The Administrative Complaint Process shall only apply to alleged violations of Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] to include an alleged violation that has occurred, is occurring or is about to occur.

Del. Code tit. 15, § 4991 Process.

(a) The person making a complaint under this subchapter shall submit the complaint to the State Election Commissioner. The complaint must be in writing, notarized, and signed and sworn to by the person making the complaint. (b) If a Department office receives a complaint, it shall forward it to the State Election Commissioner on the same business day that it is received. (c) The State Election Commissioner shall notify the complainant or complainants of receipt of the complaint and provide the complainant or complainants a description of the complaint resolution process. (d) The State Election Commissioner may consolidate similar complaints. (e) If requested by the complainant or complainants, there shall be a hearing for the record. (f) The State Election Commissioner shall appoint a person or persons to examine the complaint, gather information about the circumstances and then determine whether or not there was a violation of Title III of the Help American Vote Act of 2002 [52 U.S.C. § 21081 et seq.]. (g) If the person handling the complaint determines that a violation has occurred, that person shall recommend a suitable remedy to the State Election Commissioner. The Commissioner may accept, reject or modify any proposed remedy. (h) If the person handling the complaint determines that a violation did not occur, the complaint shall be dismissed. (i) The State Election Commissioner shall publish the results of the resolution of each complaint as the Commissioner sees fit. (j) A final determination shall be made on each complaint as quickly as possible, but no later than 90 days following the date that the complaint was filed unless the complainant consents to a longer period for resolving the complaint. (k) If the complaint is not resolved within 90 days and the complainant has not agreed to a longer period, the State Election Commissioner shall take such steps as necessary to resolve the complaint within the next 60 days. The original complaint and all information developed in the previous attempt or attempts to resolve the issue or issues shall be made available to the person or persons subsequently charged with resolving the complaint. ( l ) The State Election Commissioner shall develop a system for tracking complaints alleging Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] violations.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c049/sc01/index.htmlFetched: 10/4/2026

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