AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTION RESULTS.

Delaware courts check and certify election results

Each county’s Superior Court counts votes and publicly certifies results, meeting at 10 a.m. on the second day after the general election. Department of Elections staff observe and help with the count. For each district, the Department supplies voting-device reports and certificates, absentee and write-in reports, and absentee, early voting, and provisional ballots. The Court can order officials to produce missing materials when it meets, or voting devices unavailable by noon that day. When records disagree, a sworn complaint alleges fraud or mistake, or a document shows fraud, error, or omission, the Court must investigate. It must examine ballots as needed, recount the materials examined, and correct election documents. The Department also reports absentee ballots delivered to each district; the Court checks that every reported ballot is recorded as counted or rejected. When a tie causes an office to become vacant, the Court must send the Governor a certificate bearing the Court’s seal.