Title 15, Elections

§ 5905. Inquiry restricted to grounds specified. In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and shall not examine into the illegality of any votes other than those specified as ille…

§ 5906. Costs when sitting member unseated. If the house having cognizance of the matter determines that the sitting member is not entitled to that sitting member’s own seat, it may order that the costs incurred by such contested election be paid by the State.Code 1852, § 432; Co…

§ 5907. Costs when sitting member is not unseated. The house in determining against the claim of the contestant may also decide that the proceeding on the contestant’s part is frivolous and vexatious and may order that the contestant shall pay all the costs of the contested elect…

§ 5908. Execution when costs are to be paid by contestant. Any order for the payment of costs by the contestant shall be enforced by a writ issued by the Speaker or President, as the case may be, of the house in which such election was contested to the Sheriff of Kent County, dir…

§ 5921. Notice of contest; specification. Any person intending to contest the election of any one declared by the Governor to have been chosen an elector of President and Vice President of the United States, shall, within 10 days after such declaration by proclamation of the Gove…

§ 5922. Specification in answer. The person declared to have been elected and who has received notice of contest shall, within 10 days after receiving specification of the grounds of contest, deliver to the person so contesting the elected person’s election, and to the Governor, …

§ 5923. Verification of specifications. Every specification shall be verified by the affidavit of the party delivering the same, stating that the party verily believes that the grounds of objection set forth are substantially true, and that the voters specified as illegal voters …

§ 5924. Delivery of documents to special board of canvass. The notice and specification which have been delivered to the Governor shall be delivered by the Governor to the special board of canvass provided for in § 5927 of this title, together with the certificates of the votes g…

§ 5925. Inquiry restricted to grounds of objection in specifications. In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and to the statement of the other grounds upon which the person decl…

§ 5926. Subpoenas for witnesses. Where any contestant or person who has been declared elected and whose election is contested is desirous of obtaining testimony respecting a contested election, such person may apply to the Prothonotary of the Superior Court in Kent County, for a …

§ 5927. Superior Court for Kent County declared a special board of canvass to hear contest. The Superior Court for Kent County is continued and declared to be a special board of canvass to hear and determine all contests of elections of electors of President and Vice President wi…

§ 5928. Certification by Superior Court. The Superior Court, after hearing any contest of election of an elector or electors, shall make out and certify under the seal of the Court the ascertainment of the vote of the State for electors, and also certify the names of the persons …

§ 5941. Who may contest; causes. Any person claiming to be elected to an office to be exercised in and for any county, district or hundred may contest the right of any person declared to be duly elected to such office for any of the following causes: (1) For malconduct on the par…

§ 5942. Irregularities not invalidating election. No inequality or improper conduct in the proceedings of the election officers or clerks or any one of them, shall be construed to amount to such malconduct as to annul or set aside any election unless the inequality or improper co…

§ 5943. Requirements to set aside election because of illegal voting. Nothing in this chapter shall be so construed as to authorize an election to be set aside or annulled on account of illegal votes unless it shall appear that an amount of illegal votes has been given to the per…

§ 5944. Circumstances under which contestant need not claim to have been elected. When an election is contested because of alleged malconduct of the election officers holding the election or because the person whose right to office is contested was not eligible for such office, a…

§ 5945. Statement of contestant; contents. When any person authorized to do so under this chapter desires to contest the right of any person declared duly elected to such office, that contesting person shall, within 20 days after the result of the election shall have been officia…

§ 5946. Verification of contestant’s statement. The statement shall be verified by the oath of the contestant that the matters therein set forth are, so far as they relate to the contestant’s own act and deed, true and that what relates to the act and deed of any other person the…

§ 5947. Security for costs. Any person contesting any election under this subchapter shall be required to give security for costs in such amount and manner as the court shall order. Such security, however, shall in no case be enforced unless judgment for costs be rendered against…

§ 5948. Citation; service and return. Before the statement is filed, the prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superio…

§ 5949. Dismissal of proceedings. The Court may dismiss the proceedings if the statement of the cause or causes of contest do not conform to the requirements set forth in this subchapter or for want of prosecution.17 Del. Laws, c. 33, § 10; 19 Del. Laws, c. 572, § 3; Code 1915, §…

§ 5950. Trial. If proceedings are not dismissed, the case shall proceed upon its merits and be tried and determined by the Court by the rules of law and evidence governing the determination of questions of law and facts in the Superior Court, so far as the same are applicable.17 …

§ 5951. Trial by Court; by jury. All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgmen…

§ 5952. Proof and evidence limited by statement. At the trial of any contest under this subchapter the contestant shall be limited in that contestant’s proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their test…

§ 5953. Examination of ballots by Court. In the trial of any contested election under this subchapter, the Court may make an examination of the ballots given in such election, except that wherever the ballot boxes, ballots, poll lists, tally sheets or other books or records perta…

§ 5954. Judgment. (a) After hearing the allegations and proofs in the cause the Court shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried the cause) either confirming or annulling such election altogether. (b) If it appear by the judgment…

§ 5955. Costs. (a) Costs in all cases under this subchapter shall be awarded against the unsuccessful party to the contest. (b) Charges for costs shall be as near as possible to the charges for similar services in other cases tried in the Superior Court. (c) Execution may issue t…