Title 15 — Elections
38 chapters · 291 sections in this title.
15 Del. C. § 5501. Purpose of chapter; scope.
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§ 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 th…
15 Del. C. § 5502. Persons eligible to vote by absentee ballot.
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§ 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 …
15 Del. C. § 5503. Request for ballot; statements for absentee ballots; delivery of absentee ballots.
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§ 5503. Request for ballot; statements for absentee ballots; delivery of absentee ballots. (a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the Department by filing a handwritten or …
15 Del. C. § 5504. Distribution of ballots, envelopes, and instructions; envelope specifications; pre-paid postage.
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§ 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 …
15 Del. C. § 5505. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility.
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§ 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…
15 Del. C. § 5506. Instructions for completing absentee ballots.
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§ 5506. Instructions for completing absentee ballots. The Attorney General shall prepare a list of instructions to assist an elector voting by absentee ballot in properly marking and returning the elector’s ballot pursuant to this chapter. These instructions shall be known and ma…
15 Del. C. § 5507. Voting procedure; execution of statement; return of ballot.
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§ 5507. Voting procedure; execution of statement; return of ballot. The procedure for completing an absentee ballot and returning it to the Department is as follows: (1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it wi…
15 Del. C. § 5508. Time limit for return of ballot; late ballots.
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§ 5508. Time limit for return of ballot; late ballots. (a) The Department shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received thereby. (b) For an absentee ballot to be counted under this chapter, an elector voting by absentee ballot …
15 Del. C. § 5509. Procedure on receipt of ballot envelope by Department.
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§ 5509. Procedure on receipt of ballot envelope by Department. (a) Upon receipt of a ballot envelope the Department, or a person authorized by the Department, shall: (1) Ascertain the names of each elector as they appear on the face of each ballot envelope; (2) Ascertain from the…
15 Del. C. § 5510. Opening and preparing absentee ballots for tabulation.
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§ 5510. Opening and preparing absentee ballots for tabulation. (a) The Department may open ballot envelopes and prepare the ballots for tabulation as set forth in this section in public meetings beginning 30 days before the day of the election. The Department shall notify each pa…
15 Del. C. § 5510A. Preparing absentee ballots for tabulation [Transferred].
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§ 5510A. Preparing absentee ballots for tabulation [Transferred]. Transferred to § 5510 of this title by 84 Del. Laws, c. 106, § 2, effective July 21, 2023.
15 Del. C. § 5511. Carrier envelope specifications; carrier envelopes as ballot boxes.
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§ 5511. Carrier envelope specifications; carrier envelopes as ballot boxes. (a) The Department shall purchase envelopes to be used as carrier envelopes, which shall be security mailing envelopes, designed to securely protect the contents thereof from tampering, removal, or substi…
15 Del. C. § 5512. Envelopes in general; approval by Attorney General.
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§ 5512. Envelopes in general; approval by Attorney General. The Attorney General shall personally approve each kind or type of envelope for use pursuant to this chapter. The Department shall not purchase, use, have printed upon, mail or deliver any envelope for use pursuant to th…
15 Del. C. § 5513. Challenges.
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§ 5513. Challenges. (a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters. (b) In addition, the vote of an absentee voter may be challenged: (1) On the ground that …
15 Del. C. § 5514. Rejected ballots.
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§ 5514. Rejected ballots. (a) No vote shall be accepted or counted if: (1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or (2) The absentee voter is not a duly registered elector in this State…
15 Del. C. § 5515. Validity of absentee voter’s ballot for wrong district.
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§ 5515. Validity of absentee voter’s ballot for wrong district. If an absentee voter marks and returns an absentee ballot for an election district other than the 1 of which the absentee voter is a resident and a duly registered elector, such ballot, because thereof, shall not be …
15 Del. C. § 5516. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.
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§ 5516. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers.44 Del. Laws, c. 118, § 24; 45 Del. Laws, Sp. Sess., c. 5,, § 4; 45 Del. Laws, c. 155, § 16; 15 Del. C. 1953, § 5520; 75 Del. Laws, c. 149, § 1; repealed by 79 Del. Law…
15 Del. C. § 5517. File of absentee voters.
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§ 5517. File of absentee voters. (a) The Department shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries: (1) The name of…
15 Del. C. § 5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal post card application (FPCA); electronic transmission of balloting materials.
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§ 5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal post card application (FPCA); electronic transmission of balloting materials. (a) Any person who qualifies for an absentee ballot pursuant to § 5502(1), (2) or (7) o…
15 Del. C. § 5519. [Reserved.]
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§ 5519. [Reserved.]
15 Del. C. § 5520. Special write-in absentee ballot; procedures; qualifications.
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§ 5520. Special write-in absentee ballot; procedures; qualifications. (a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(1), (2) or (7) of this title may, during the calendar year in which an election is t…
15 Del. C. § 5521. Federal write-in absentee ballot; acceptance; combined request for registration and ballot submission.
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§ 5521. Federal write-in absentee ballot; acceptance; combined request for registration and ballot submission. (a) Notwithstanding any other provisions of this title, an elector who qualifies under any of the reasons set forth in § 5502(7) of this title may: (1) Use the federal w…
15 Del. C. § 5522. Duties of Department of Elections; political balance of absentee judges; security.
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§ 5522. Duties of Department of Elections; political balance of absentee judges; security. (a) The Department shall ensure that each panel of absentee judges selected to officiate the procedures set forth in this chapter represent a politically balanced cross section of the major…
15 Del. C. § 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner.
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§ 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner. (a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules and regulations relating to logic and accuracy testin…
15 Del. C. § 5524. Emergency authority for the State Election Commissioner.
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§ 5524. Emergency authority for the State Election Commissioner. (a) In the event that a national or local emergency makes substantial compliance with the provisions of this title and/or the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. § 20301 et seq.) impossibl…
15 Del. C. § 5525. Electronic delivery of absentee ballots.
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§ 5525. Electronic delivery of absentee ballots. (a) The provisions of this section apply to persons eligible to vote under the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, 52 U.S.C. § 20301, et seq. (b) Notwithstanding any other prov…
15 Del. C. § 5526. System for voters to determine status of their absentee ballots.
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§ 5526. System for voters to determine status of their absentee ballots. The State Election Commissioner, in collaboration with the Department offices, shall establish a free access system accessible via the Internet through which a person who applied for an absentee ballot can d…
15 Del. C. § 5527. Authority to implement provisions of the Uniformed and Overseas Citizens Absentee Voters Act.
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§ 5527. Authority to implement provisions of the Uniformed and Overseas Citizens Absentee Voters Act. The State Election Commissioner, in collaboration with the Department offices, shall implement those provisions of the Uniformed and Overseas Citizens Absentee Voters Act (52 U.S…