Canvass of Vote and Proclamation of Results of Election

Del. Code tit. 15, ch. 57
in effect

Del. Code tit. 15, § 5701 Superior Court as board of canvass; convening and composition of Court.

(a) (1) a. The Superior Court (Court) shall convene in each county on the second day after the general election at 10 a.m., for the performance of the Court’s duties under § 6 of article V of the Delaware Constitution and under this chapter. b. The Court may perform the duties under this chapter with the aid of the Court’s officers and sworn assistants as appointed. (2) The Court shall publicly certify the results of the election for the county after tabulating all votes cast in each election district, for each individual, for each office on the ballot, using the material provided by the Department under paragraph (a)(3) of this section. (3) The Department shall provide the Court with all of the following for each election district in the county for the election: a. The report of the votes cast on each voting device used at a polling place. b. The voting device certificates for each polling place. c. Absentee vote reports. d. Write-in vote reports. e. Absentee ballots. f. Early voting ballots. g. Provisional ballots. (4) The Department’s representatives shall sit as observers and assistants to the Court during the tabulation of the vote under this section. (b) For the purposes of this chapter, (1) The “Superior Court” means as follows: a. In New Castle County, the President Judge and the Resident Judge. b. In Kent County, the Resident Judge and a Judge designated by the President Judge. c. In Sussex County, the Resident Judge and a Judge designated by the President Judge. (2) a. The “Superior Court” in each county, as defined under this subsection, shall be the “board of canvass” for the respective counties of this State. b. If a senatorial or representative district for the General Assembly is located in 2 or more counties, the Superior Court shall tabulate the votes cast under § 5715 of this title.

Del. Code tit. 15, § 5702 Duties of Court.

(a) If any of the material under § 5701(a)(3) of this title for any election district have not been produced when the Court convenes under § 5701(a)(1)a. of this title or if any voting device is not available by 12:00 noon, the Court may issue summary process against the election officers of that election district, or any other persons, to bring the documents or objects forthwith into the Court or to make them available for inspection by the Court. (b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any document, or if fraud, mistake, or omission is apparent on the face of a document, the Court shall do all of the following: (1) Examine any ballots as necessary. (2) Recount the votes contained in the voting material examined. (3) Correct any fraud, mistake, or omission in any document or paper relating to the election. (c) Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest. (d) (1) The Department shall provide the Court with a report of the number of absentee ballots delivered to each election district. (2) The Court shall determine and make certain that all of the ballots in the report received under paragraph (d)(1) of this section are recorded on the absentee vote report for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected. (e) If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense.

Del. Code tit. 15, § 5703 Vote required for election.

In all elections, unless it is otherwise expressly provided, a plurality or the highest number of votes make a choice, except where this principle is defeated by 2 or more individuals receiving the same and the highest number of votes for the same office.

Del. Code tit. 15, § 5704 Votes for President and Vice President as votes for their electors.

The Court shall calculate the votes given for the candidates for President and Vice President of a political party as votes cast for each and all the electors of President and Vice President of that party, the names of whom are on file with the State Election Commissioner and as certified to the Court by the State Election Commissioner, and the Court shall make its certificates accordingly, in the form and manner provided under §§ 5706 and § 5707 of this title.

Del. Code tit. 15, § 5706 Form of certificates.

(a) The certificates of the Court of the results of the election in its county must be according to the following form or be substantially similar to the following form: The State of Delaware, ________________________________ County, ss. Be it Remembered, that at the general election held on the Tuesday next after the first Monday in November, in the year________________ for ________________________________ County, according to the Constitution and laws of the State of Delaware (here insert, the information required under 15 Del. C. § 5706(b) for each office and the names of the individuals elected), which is manifest by tabulating of all votes cast for each individual voted for in all the election districts of the county. In testimony, whereof, we ________________________________ and ________________________________ constituting the Superior Court for ________________________________ ________________________________ County, who have met and certified the results of the election throughout this county, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the courthouse in this county, on this ________ day of November, ________ (b) The manner of making the insertion under subsection (a) of this section is as follows: (1) If the certificate is of electors of President and Vice President, the number of votes cast for each Elector, as follows: ________ votes cast for ________________________________ for Elector. (2) If the certificate is of an election of Governor, Lieutenant Governor, Senator in the Senate of the United States, Representative in Congress, Attorney General, Insurance Commissioner, State Treasurer, or Auditor of Accounts, the number of votes cast for each individual voted, for each office, as follows: ________ votes were given for ________________________________ for (office) (3) If the certificate is of an election of Senators to the General Assembly, the name of each individual elected to the Senate, as follows: ________ was duly elected Senator for the ________________________________ Senatorial District for said County in the General Assembly. (4) If the certificate is of an election of Representatives to General Assembly, the name of each individual elected to the House of Representatives, as follows: ________ was duly elected Representative for the ________________________________ Representative District for County in the General Assembly. (5) a. If the certificate is of an election of a clerk of the peace, register of wills, recorder, county executive, county council member, Levy Court Commissioner, or sheriff, the name of individual elected to each office on the ballot for that election. b. The certificate of an election of a county council member or Levy Court Commissioner must include the district for the individual elected to each office.

Del. Code tit. 15, § 5707 Enclosing certificates in envelopes.

(a) The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement describing the certificate enclosed. (b) In the endorsement on an envelope enclosing the certificates of the election of Senator or Representative in the General Assembly, the Court shall include the name of the individual elected.

Del. Code tit. 15, § 5708 Tie vote; certificate.

If, by reason of an equal number of votes having been cast for 2 or more individuals for an office, it appears to the Court that a vacancy will occur in that office, the Court shall create a certificate of this fact, under its seal, and deliver this certificate to the Governor under § 5709 of this title.

Del. Code tit. 15, § 5709 Disposition of certificates by the Court.

(a) The Court shall, within 3 days after making the certificates of the result of the election, transmit, deliver, and lodge 1 certificate of the result of the election with the State Election Commissioner and as follows: (1) For electors of President and Vice President, to the Governor, the Secretary of State, and the Prothonotary of the county. (2) a. For Governor or Lieutenant Governor, to the President of the Senate, or in case of a vacancy in the office of President of the Senate, or the President of the Senate’s absence from this State, to the Secretary of State. 1. The Secretary of State shall keep the certificate until a President of the Senate is chosen or returns to this State. 2. After the President of the Senate’s election or return to this State, the Secretary of State shall immediately transmit the certificate to the President of the Senate who shall open and publish the certificate in the presence of the members of both Houses of the General Assembly. b. The Court shall immediately lodge a copy of the certificate with the Prothonotary of each county when the certificate is delivered under paragraph (a)(2)a. of this section. (3) For Senator in the Senate of the United States, to the Governor, and the office of the clerk of the peace of the county. (4) For Representative in the House of Representatives of the United States, to the Governor, and the office of the clerk of the peace of the county. (5) For Attorney General, Insurance Commissioner, State Treasurer, or Auditor of Accounts, to the Governor and the office of the Prothonotary of the county. (6) For Senator or Representative in the General Assembly, to the office of the Prothonotary for Kent County. (7) a. For clerk of the peace, register of wills, recorder, or sheriff, to the Governor. b. For the register of wills, recorder, or sheriff, to the clerk of the peace and the sheriff of the county. c. For clerk of the peace, to the Prothonotary and the sheriff for the county. (8) For a Levy Court Commissioner or County Council member, to the clerk of the peace and the sheriff of the respective county. (b) (1) The first day of the meeting of the General Assembly after the election, the Prothonotary of Kent County shall deliver the certificates of election received under paragraph (a)(6) of this section as follows: a. For a Senator, to the Senate. b. For a Representative, to the House of Representatives. (2) The sheriff shall deliver each certificate of election received under paragraph (a)(7) or (a)(8) of this section to the individual certified as having been elected. (c) The State Election Commissioner is the master repository of all certificates under this section.

Del. Code tit. 15, § 5710 Certification and proclamation by Governor of results of election of state officers.

(a) The Governor, after receiving the certificates of the results of the election in each county, for the office of Attorney General, Insurance Commissioner, State Treasurer, and Auditor of Accounts, shall examine the returns and declare each individual elected. (b) The Governor shall issue certificates of the election under the Governor’s own hand, and file the Governor’s certificates of the election with the certificates of the results of the election under subsection (a) of this section in the office of the Secretary of State. (c) The Governor shall by proclamation make public the results of the election by publishing the certificates issued under subsection (b) of this section in 1 or more of the newspapers published in thecounties of this State, and shall issue commissions to the individuals elected to office.

Del. Code tit. 15, § 5711 Electors for President and Vice President; announcements and certifications of election [Effective unless Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for electors of President and Vice President of the United States, shall without delay examine the certificates and ascertain the electors chosen, and make known the same by proclamation, and cause notice of the elector’s election to be transmitted to each elector. The Governor shall also cause 3 lists of the names of the electors, duly made and certified, to be delivered to the electors, according to the Act of Congress in that behalf on or before the day appointed for their meeting.

Del. Code tit. 15, § 5712 Representative in the Congress of the United States; announcement and certification of election.

(a) The Governor, after receiving the certificates of the results of the election in each county for Representative in the Congress of the United States, shall without delay examine these certificates and declare the individual elected, and shall issue certificates of the election, 1 of which the Governor shall transmit to the Secretary of State of the United States, and 1 to the individual elected, under the Governor’s own hand and the Great Seal of the State. (b) The Governor shall file the certificates of the result of the election in each county under subsection (a) of this section in the office of the Secretary of State. (c) The Governor shall by proclamation make public the state of the vote by publishing the certificates of the results in 1 or more of the public newspapers of this State.

Del. Code tit. 15, § 5713 United States Senator; announcement and certification of election; form.

(a) The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for Senator from this State in the Senate of the United States, shall issue certificates of such election and deliver and file the same and shall, by proclamation, make public the state of the vote, in the same manner and form, by the same persons and officers, and under the same regulations in all respects as is provided in § 5712 of this title for the election of Representative in Congress. (b) The Governor shall certify the election or appointment of any Senator elected or appointed as provided by law, under the Great Seal of the State, to the President of the Senate of the United States. Such certificate shall be countersigned by the Secretary of State. (c) The certificate, in case of an election, may be according to the following form: “To the President of the Senate of the United States: Be it known that at an election, in due manner held according to the form of the Act of the General Assembly of the State of Delaware, and of the Act of Congress in such case made and provided, on the first Tuesday after the first Monday of the month of November, . . . . ., . . . . . . . . . . . . . . . was elected to be a Senator from the said State in the Senate of the United States for the constitutional term to commence at noon on the third day of January A. D. . . . . . . .. Given under our hands in obedience to the said Act of the General Assembly and of the said Act of Congress this . . . . . . . . . day of . . . . . . . . A. D. . . . . . . .”

Del. Code tit. 15, § 5714 Costs.

All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated.

Del. Code tit. 15, § 5715 State senatorial or representative districts.

(a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows: (1) For those senatorial or representative districts in which a majority of the election districts are in New Castle County, the President Judge of the Superior Court shall total together the votes cast in each county for each candidate. (2) For those senatorial or representative districts in which a majority of the election districts are in Kent County, the Chancellor shall total together the votes cast in each county for each candidate. (3) For those senatorial or representative districts in which a majority of the election districts are in Sussex County, the Resident Judge of Sussex County shall total together the votes cast in each county for each candidate. (b) The total vote, as ascertained in subsection (a) of this section above shall then be inserted on the certificates of the Court as provided in § 5706 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c057/index.htmlFetched: 10/4/2026