Title 15 — Elections

§ 5301. Bringing armed soldiers into State to interfere with elections; penalty. Whoever, being a citizen or inhabitant of this State: (1) Sends or causes to be sent, brings or causes to be brought into this State, or aids, abets, procures, advises, counsels or in any manner assi…

§ 5302. Abetting or counseling military interference with elections; penalty. Whoever, being a citizen or inhabitant of this State, aids, abets, procures, advises, counsels or in any manner assists or is guilty of military interference in any manner with the freedom of any electi…

§ 5303. Civil remedy for interference with voting. (a) Whoever, being a duly qualified elector of this State according to the Constitution and laws thereof, is prevented from voting, or obstructed in that elector’s own effort to vote at any election, by reason of any interference…

§ 5304. Duty to disclose information as to interference with elections. Every citizen of this State who has knowledge of any design on the part of any other citizen or citizens of this State to promote interference with elections, either by soliciting or advising the presence of …

§ 5305. Ten year limitation on civil actions for voting interference. The limitation of actions commenced under §§ 5303 and 5304 of this title shall be 10 years from the time of the accruing of the cause of action.12 Del. Laws, c. 487, § 3; Code 1915, § 1830; Code 1935, § 1919; 1…

§ 5306. Special polling place and voting procedure in case of military interference. If it happens that by reason of the presence of any military force at or near the place of holding an election in this State, electors duly qualified by the Constitution and laws of this State to…

§ 5307. Duties of inspector at special polling place. (a) The polls authorized to be held by § 5306 of this title shall be held at the place where they are opened unless it be impracticable to hold them there in which event they shall be adjourned to some other place, or places, …

§ 5308. Canvass of ballots from special polling place. The Superior Court, sitting as a board of canvass, shall receive the certificate, and in ascertaining and certifying the state of the election shall take into consideration the number of ballots certified by the inspector to …

§ 5309. Procedure in case of military interference with board of canvass. If it is apparent to the Court sitting as board of canvass that any interference with the performance of its duties will be attempted by military force, or if, after it has met, any such interference is att…

§ 5310. Number of special polling places not limited. Nothing contained in §§ 5306-5312 of this title shall limit the voting places to 2 in an election district, but, the emergency contemplated in §§ 5306-5309 of this title arising, as many different polls may be held as there ar…

§ 5311. Special clerk; appointment; oath. Each inspector chosen under § 5306 of this title may appoint a clerk to aid the inspector in the discharge of such duties as are clerical and shall administer to the clerk before the clerk enters upon the discharge of the duties to be ass…

§ 5312. Compensation of special election officers. The special inspectors and clerks elected and appointed under this chapter shall receive the same compensation as inspectors and clerks elected and appointed under the provisions of law for a general election.12 Del. Laws, c. 491…

§ 5401. Applicability. This chapter applies to the following elections: (1) A primary election. (2) A general election. (3) A special election to fill a vacancy in a statewide office, the General Assembly, or an office covered by Chapter 73 of this title.82 Del. Laws, c. 79, § 1;

§ 5402. Early voting; designated locations. The State Election Commissioner shall designate locations at which a qualified voter, duly registered, may vote in person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before an elec…

§ 5403. Designation and publication of early voting locations. (a) The State Election Commissioner shall designate and publish the early voting locations at least 30 days before an election. (b) The State Election Commissioner shall only designate a location as an early voting lo…

§ 5404. Hours at designated early voting locations. (a) The State Election Commissioner shall open the designated early voting locations for at least 8 hours on each day of early voting. (b) The State Election Commissioner shall close the designated early voting locations no earl…

§ 5405. Procedure for conducting early voting. Except as otherwise provided under this chapter, the procedure for early voting is as established under Chapter 49 of this title.82 Del. Laws, c. 79, § 1;

§ 5406. Method of early voting. The State Election Commissioner shall determine whether early voting occurs by voting machine or paper ballot.82 Del. Laws, c. 79, § 1;

§ 5407. Tabulation of early voting ballots. Early voting ballots must be tabulated at the same time as absentee ballots.82 Del. Laws, c. 79, § 1;

§ 5408. Daily updates of polling records. The Department of Elections shall establish procedures for daily updates of polling records to ensure the integrity of each election.82 Del. Laws, c. 79, § 1;

§ 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…

§ 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 …

§ 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 …

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 5510A. Preparing absentee ballots for tabulation [Transferred]. Transferred to § 5510 of this title by 84 Del. Laws, c. 106, § 2, effective July 21, 2023.

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 5519. [Reserved.]

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 5601. . Applicability [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;

§ 5601A. [Reserved.]83 Del. Laws, c. 353, § 1;