38 chapters · 291 sections in this title.
15 Del. C. § 3404. Write-in candidate lists.
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§ 3404. Write-in candidate lists. Each Department office shall issue at least 2 copies of the list of declared write-in candidates for each office on a ballot in the county to the election officers at each election district in the county. The election officers shall post 1 copy o…
15 Del. C. § 3405. Write-in candidates for a special election.
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§ 3405. Write-in candidates for a special election. Section 3402 of this title shall apply for a special election except that a person shall file that person’s Write-in Candidate Declaration no later than the eighth day prior to the date of the election and may not withdraw that …
15 Del. C. § 4101. Residency requirements for candidates.
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§ 4101. Residency requirements for candidates. The residency requirements for candidates for elective office shall be as set forth in the municipal charter, state statute or state Constitution governing the qualifications of candidates for elective office in the city, county, are…
15 Del. C. § 4102. Election districts; boundaries.
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§ 4102. Election districts; boundaries. The boundaries of the election districts in each county shall be established and designated by the department of elections for the county, subject to the limitations in this chapter.Code 1935, § 1750; 46 Del. Laws, c. 315, § 1; 15 Del. C. 1…
15 Del. C. § 4103. Division of election districts.
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§ 4103. Division of election districts. (a) The Department may divide such of the election districts, and such only, as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each election district so …
15 Del. C. § 4104. Notice of change of election district boundaries in New Castle County.
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§ 4104. Notice of change of election district boundaries in New Castle County. Repealed by 61 Del. Laws, c. 480, § 7, effective July 11, 1978.
15 Del. C. § 4105. Composition of election districts.
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§ 4105. Composition of election districts. (a) The Department shall create election districts consisting of a minimum of 500 registered voters and a maximum of 3000 registered voters, except where such composition would cause a conflict with representative, senatorial or councilm…
15 Del. C. § 4106. Voting places.
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§ 4106. Voting places. Repealed by 74 Del. Laws, c. 411, § 21, effective Aug. 5, 2004.
15 Del. C. § 4107. Maps at each polling place.
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§ 4107. Maps at each polling place. Transferred.
15 Del. C. § 4108. Candidates for election.
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§ 4108. Candidates for election. For state and/or county offices, no person shall simultaneously be a candidate for election to 2 or more different offices, nor may a person simultaneously be a candidate for election for 2 or more different political parties.79 Del. Laws, c. 202,…
15 Del. C. § 4401-4408. Registration qualifications; time of registration; place of registration; records; method of registration; place of voting; eligibility for absentee voting; voting officials; voting procedure; tallying and recording of vote [Repealed].
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§§ 4401-4408. Registration qualifications; time of registration; place of registration; records; method of registration; place of voting; eligibility for absentee voting; voting officials; voting procedure; tallying and recording of vote [Repealed]. Repealed by 75 Del Laws, c. 23…
15 Del. C. § 4501. Single ballot for all candidates.
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§ 4501. Single ballot for all candidates. There shall be a single ballot for Presidential, Vice-Presidential, state, county and district candidates.Code 1915, § 1725; Code 1935, § 1811; 43 Del. Laws, c. 129, § 1; 44 Del. Laws, c. 119, § 1; 47 Del. Laws, c. 149, § 1; 15 Del. C. 19…
15 Del. C. § 4502. Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].
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§ 4502. Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. (a) (1) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with th…
15 Del. C. § 4503. Creating ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].
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§ 4503. Creating ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. The Department shall create the ballots to be used in the voting devices and print or cause to have printed sufficient mail and absentee ballots for any election conducted by the Department…
15 Del. C. § 4504. Envelopes for ballots and other election supplies; obtaining and packaging.
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§ 4504. Envelopes for ballots and other election supplies; obtaining and packaging. Repealed by 77 Del. Laws, c. 227, § 50, effective Feb. 1, 2010.
15 Del. C. § 4505. Substitution of candidate’s name after creation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].
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§ 4505. Substitution of candidate’s name after creation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the Department shall…
15 Del. C. § 4506. Tally sheets [Repealed].
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§ 4506. Tally sheets [Repealed].21 Del. Laws, c. 38, § 5; Code 1915, § 1744; Code 1935, § 1833; 15 Del. C. 1953, § 4511; 49 Del. Laws, c. 294, § 9; 58 Del. Laws, c. 148, § 49; 77 Del. Laws, c. 227, § 51; 79 Del. Laws, c. 275, § 67; repealed by 82 Del. Laws, c. 170, § 17, effectiv…
15 Del. C. § 4507. Sheet containing oaths of election officers, certificate of qualification, laws.
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§ 4507. Sheet containing oaths of election officers, certificate of qualification, laws. Repealed by 77 Del. Laws, c. 227, § 52, effective Feb. 1, 2010.
15 Del. C. § 4508. Certificates of the vote cast in each election district.
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§ 4508. Certificates of the vote cast in each election district. The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the number of votes cast for each candidate on each voting machine.21 Del. Laws, c. 38, § 6; Code 1915, § 1745; …
15 Del. C. § 4509. Materials and supplies necessary to conduct the election.
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§ 4509. Materials and supplies necessary to conduct the election. (a) The county director or deputy county director of each county office shall furnish the necessary materials, voter information, and supplies expected to enable conduct of the election to each election district. T…
15 Del. C. § 4510 , 4511. Supplies for election officers; custody of records and supplies; maps and lists of election districts; reuse of election supplies.
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§§ 4510, 4511. Supplies for election officers; custody of records and supplies; maps and lists of election districts; reuse of election supplies. Repealed by 77 Del. Laws, c. 227, § 55, effective Feb. 1, 2010.
15 Del. C. § 4512. Polling places; designation and preparation.
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§ 4512. Polling places; designation and preparation. (a) The Department shall designate and procure for each election district in its county a polling place. (b) The Department shall designate only conveniently located and readily accessible polling places for each election distr…
15 Del. C. § 4513. Substitute polling places.
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§ 4513. Substitute polling places. If at any time it becomes impracticable to hold an election in the public building designated by the Department for any election district or districts, the Department may designate another public building as near as can be conveniently obtained …
15 Del. C. § 4514. Expenses of general election.
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§ 4514. Expenses of general election. Except where otherwise provided by statute, all necessary costs and expenses incurred in carrying into effect Part IV of this title shall be paid by the State.27 Del. Laws, c. 65, § 34; Code 1915, §§ 1675, 1815; 38 Del. Laws, c. 88, § 1; Code…
15 Del. C. § 4515. Payment procedures.
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§ 4515. Payment procedures. The Department following an election conducted under this title shall ascertain the amount due to each election officer for that election officer’s service and promptly pay them. The Department may combine the pay for a primary and a general election. …
15 Del. C. § 4516. Use of prerecorded or automated voice message.
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§ 4516. Use of prerecorded or automated voice message. [Transferred to 15 Del. C. § 8045A of this title by 82 Del. Laws, c. 170, § 18, effective July 30, 2019.]77 Del. Laws, c. 280, § 1; 82 Del. Laws, c. 170, § 18;
15 Del. C. § 5000A. Electronic voting system use.
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§ 5000A. Electronic voting system use. In any general, special, or primary elections, an electronic voting system must be used and must comply with the requirements of this chapter.63 Del. Laws, c. 409, § 1; 82 Del. Laws, c. 170, § 34;
15 Del. C. § 5001. Requirements [Repealed].
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§ 5001. Requirements [Repealed].15 Del. C. 1953, § 5002; 49 Del. Laws, c. 18, § 1; 57 Del. Laws, c. 181, § 65; 57 Del. Laws, c. 695, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 168, §§ 9-11; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5001A. Requirements.
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§ 5001A. Requirements. (a) An electronic voting system may be adopted, purchased, or used if it meets all of the following requirements: (1) Each voting device must have a serial number permanently attached to or stamped to the device. (2) Secure to the voter secrecy in the act o…
15 Del. C. § 5002. Compliance guarantee [Repealed].
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§ 5002. Compliance guarantee [Repealed].15 Del. C. 1953, § 5003; 49 Del. Laws, c. 18, § 1; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5002A. Compliance guarantee.
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§ 5002A. Compliance guarantee. Before any electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing such voting device must give an adequate guarantee in writing and post a bond accompanied by satisfactory surety with the Sta…
15 Del. C. § 5003. Use of voting machines; costs in municipal elections [Repealed].
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§ 5003. Use of voting machines; costs in municipal elections [Repealed].15 Del. C. 1953, § 5004; 49 Del. Laws, c. 18, § 1; 54 Del. Laws, c. 182; 57 Del. Laws, c. 181, § 66; 57 Del. Laws, c. 353; 58 Del. Laws, c. 48; 58 Del. Laws, c. 148, § 102; 66 Del. Laws, c. 359, § 1; repealed…
15 Del. C. § 5003A. Use of voting devices; costs in municipal elections.
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§ 5003A. Use of voting devices; costs in municipal elections. Electronic voting devices may be used throughout this State in all primary, general and special elections and in all municipal elections in all incorporated cities and towns of this State. In the event no contest exist…
15 Del. C. § 5004. Number of voting machines assigned to an election district [Repealed].
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§ 5004. Number of voting machines assigned to an election district [Repealed].15 Del. C. 1953, § 5005; 58 Del. Laws, c. 148, § 103; 59 Del. Laws, c. 120, § 1; 74 Del. Laws, c. 168, § 12; 74 Del. Laws, c. 411, § 22; 78 Del. Laws, c. 304, § 6; repealed by 82 Del. Laws, c. 170, § 33…
15 Del. C. § 5004A. Number of voting devices per election district.
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§ 5004A. Number of voting devices per election district. (a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters or majority fraction thereof. (b) In primary and special elections, the Department shall…
15 Del. C. § 5005. Printing of official ballots for voting machines; adjustment of machines for ballots; distribution of ballots [Repealed].
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§ 5005. Printing of official ballots for voting machines; adjustment of machines for ballots; distribution of ballots [Repealed].15 Del. C. 1953, § 5008; 49 Del. Laws, c. 18, § 1; 54 Del. Laws, c. 69, § 2; 57 Del. Laws, c. 695, § 7; repealed by 82 Del. Laws, c. 170, § 33, effecti…
15 Del. C. § 5005A. Printing of ballots; distribution of ballots.
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§ 5005A. Printing of ballots; distribution of ballots. (a) [Repealed.] (b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or other designation for each political party represented on the device must appear on the ballot. (2) …
15 Del. C. § 5006. Number of official ballots to be furnished [Repealed].
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§ 5006. Number of official ballots to be furnished [Repealed].15 Del. C. 1953, § 5009; 49 Del. Laws, c. 18, § 1; 54 Del. Laws, c. 69, § 3; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5006A. Number of official ballots to be furnished [Repealed].
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§ 5006A. Number of official ballots to be furnished [Repealed].63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, § 12; 77 Del. Laws, c. 227, § 69; repealed by 82 Del. Laws, c. 170, § 38, effective July 30, 2019.;
15 Del. C. § 5007. Substitute ballots [Repealed].
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§ 5007. Substitute ballots [Repealed].15 Del. C. 1953, § 5010; 49 Del. Laws, c. 18, § 1; 54 Del. Laws, c. 69, § 4; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5007A. Substitute ballots [Repealed].
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§ 5007A. Substitute ballots [Repealed].63 Del. Laws, c. 409, § 1; repealed by 82 Del. Laws, c. 170, § 39, effective July 30, 2019.;
15 Del. C. § 5008. Preparation of voting machines [Repealed].
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§ 5008. Preparation of voting machines [Repealed].15 Del. C. 1953, § 5012; 49 Del. Laws, c. 18, § 1; 58 Del. Laws, c. 148, §§ 105, 106; 60 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5008A. Preparation of voting devices.
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§ 5008A. Preparation of voting devices. (a) (1) The Department shall cause sufficient voting devices to be delivered to the proper polling places before the time appointed for the election officers to report for duty. (2) The Department shall certify that each voting device to be…
15 Del. C. § 5009. Instruction of voters before election [Repealed].
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§ 5009. Instruction of voters before election [Repealed].15 Del. C. 1953, § 5014; 49 Del. Laws, c. 18, § 1; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5009A. Instruction model.
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§ 5009A. Instruction model. Repealed by 70 Del. Laws, c. 154, § 18, effective July 7, 1995.
15 Del. C. § 5010. Voting machine out of order; procedure [Repealed].
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§ 5010. Voting machine out of order; procedure [Repealed].15 Del. C. 1953, § 5015; 49 Del. Laws, c. 18, § 1; 50 Del. Laws, c. 172, § 13; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5010A. Inoperative voting devices.
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§ 5010A. Inoperative voting devices. If during the conduct of an election a voting device becomes inoperative, the election officers shall seal it in such manner as to prevent further voting thereon. The Department shall maintain and hold in readiness a reasonable number of extra…
15 Del. C. § 5011. Voting machine curtains [Repealed].
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§ 5011. Voting machine curtains [Repealed].15 Del. C. 1953, § 5019; 49 Del. Laws, c. 18, § 1; repealed by 82 Del. Laws, c. 170, § 33, effective July 30, 2019.;
15 Del. C. § 5011A. Voting device curtains; absentee voting [Repealed].
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§ 5011A. Voting device curtains; absentee voting [Repealed].63 Del. Laws, c. 409, § 1; repealed by 82 Del. Laws, c. 170, § 42, effective July 30, 2019.;
15 Del. C. § 5012A. Audits; audit discrepancy procedure.
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§ 5012A. Audits; audit discrepancy procedure. (a) For purposes of this section, “audit” means counting by hand the votes on each paper ballot from a voting device and comparing the paper ballot totals to the totals kept by the voting device electronically. (b) Within 48 hours of …