Title 15 — Elections
38 chapters · 291 sections in this title.
15 Del. C. § 5602. . Persons eligible for voting by mail [Repealed].
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§ 5602. . Persons eligible for voting by mail [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5602A. Applicability [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5602A. Applicability [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. This chapter applies to the following elections: (1) A nonpresidential primary election. (2) A general election. (3) A special election to fill a vacancy in a statewide office, the General As…
15 Del. C. § 5603. . Process for voting by Mail [Repealed].
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§ 5603. . Process for voting by Mail [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5603A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5603A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. Votes cast by mail ballot under this chapter shall be counted in the total for the election district in which the elector is registered.83 Del. Laws, c. 353, § 1;
15 Del. C. § 5604. . Distribution of ballots, envelopes, and instructions [Repealed].
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§ 5604. . Distribution of ballots, envelopes, and instructions [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5604A. Process for voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5604A. Process for voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The Department shall create an application which may be completed by any elector wishing to vote by mail under this chapter. The application must require the elector t…
15 Del. C. § 5605. . Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [Repealed].
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§ 5605. . Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5605A. Distribution of ballots, envelopes, and instructions [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5605A. Distribution of ballots, envelopes, and instructions [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) Upon receipt of the application for a mail ballot from an elector under § 5604A of this title, the Department shall process the same and confirm tha…
15 Del. C. § 5606. . Instructions for completing mail ballots [Repealed].
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§ 5606. . Instructions for completing mail ballots [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5606A. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5606A. Requirements for ballot envelope; numbering and coding; voter identification label; statement of eligibility [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) With each mail ballot, the Department shall also provide each elector an envelope that is al…
15 Del. C. § 5607. . Voting procedure; execution of statement; return of ballot [Repealed].
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§ 5607. . Voting procedure; execution of statement; return of ballot [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5607A. Instructions for completing and returning a mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5607A. Instructions for completing and returning a mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. The Attorney General shall prepare a list of instructions to assist an elector voting by mail ballot in properly marking and returning the elector’s …
15 Del. C. § 5608. . Time limit for return of ballot; late ballots [Repealed].
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§ 5608. . Time limit for return of ballot; late ballots [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5608A. Voting procedure; execution of statement; return of ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5608A. Voting procedure; execution of statement; return of ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The procedure for completing a mail ballot and returning it to the Department includes all of the following: (1) An elector who receives a mai…
15 Del. C. § 5609. . Procedure on receipt of ballot envelope by Department [Repealed].
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§ 5609. . Procedure on receipt of ballot envelope by Department [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5609A. Time limit for return of ballot; late ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5609A. Time limit for return of ballot; late ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The Department shall record the date and time of receipt on the ballot envelope of each mail ballot received. (b) For a mail ballot to be counted under thi…
15 Del. C. § 5610. . Counting procedure for mail ballot envelopes [Repealed].
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§ 5610. . Counting procedure for mail ballot envelopes [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5610A. Procedure on receipt of ballot envelope by Department [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5610A. Procedure on receipt of ballot envelope by Department [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) Upon receipt of a ballot envelope, the Department shall do all of the following: (1) Ascertain the name of each elector as it appears on the face o…
15 Del. C. § 5611. . Preparing mail ballots for tabulation [Repealed].
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§ 5611. . Preparing mail ballots for tabulation [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5611A. Counting procedure for ballot envelopes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5611A. Counting procedure for ballot envelopes [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. Beginning 30 days before the day of the election, election judges within each county, selected by the administrators of the Department in that county, shall count ba…
15 Del. C. § 5612. . Carrier envelope specifications; carrier envelopes as ballot boxes [Repealed].
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§ 5612. . Carrier envelope specifications; carrier envelopes as ballot boxes [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5612A. Preparing mail ballots for tabulation [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5612A. Preparing mail ballots for tabulation [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The Department may open ballot envelopes in public meetings beginning 30 days before the day of the election in order to prepare them for tabulation. The Departmen…
15 Del. C. § 5613. . Envelopes in general; approval by Attorney General [Repealed].
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§ 5613. . Envelopes in general; approval by Attorney General [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5613A. Carrier envelope specifications; carrier envelopes as ballot boxes [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5613A. Carrier envelope specifications; carrier envelopes as ballot boxes [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The Department shall purchase envelopes to be used as carrier envelopes which must be all of the following: (1) Designed to securely p…
15 Del. C. § 5614. . Challenges [Repealed].
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§ 5614. . Challenges [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5614A. Envelopes in general; approval by Attorney General [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5614A. Envelopes in general; approval by Attorney General [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. The Attorney General shall personally approve each kind or type of envelope for use under this chapter. The Department may not purchase, use, have printed…
15 Del. C. § 5615. . Rejected ballots [Repealed].
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§ 5615. . Rejected ballots [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5615A. Challenges [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5615A. Challenges [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) A mail ballot may be challenged for any of the following: (1) The same causes and in the same manner as provided in this title for other voters. (2) That the statement in the center of the f…
15 Del. C. § 5616. . Validity of mail voter’s ballot for wrong district [Repealed].
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§ 5616. . Validity of mail voter’s ballot for wrong district [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5616A. Rejected ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5616A. Rejected ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) No vote shall be accepted or counted if any of the following occurs: (1) The signature of the voter that appears on the front of the ballot envelope is found to have been altered or th…
15 Del. C. § 5617. . File of mail voters [Repealed].
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§ 5617. . File of mail voters [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5617A. Validity of a voter’s mail ballot for wrong district [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5617A. Validity of a voter’s mail ballot for wrong district [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. If a voter marks and returns a mail ballot for an election district other than the 1 in which the voter is a resident and a duly registered elector, suc…
15 Del. C. § 5618. . Duties of Department of Elections; political balance of mail judges; security [Repealed].
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§ 5618. . Duties of Department of Elections; political balance of mail judges; security [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5618A. Required records [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5618A. Required records [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (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 must include all of the…
15 Del. C. § 5619. . Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [Repealed].
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§ 5619. . Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5619A. Duties of Department of Elections; political balance of election judges; security [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5619A. Duties of Department of Elections; political balance of election judges; security [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The Department shall ensure that each panel of election judges selected to officiate the procedures required under this…
15 Del. C. § 5620. . Emergency authority for the State Election Commissioner [Repealed].
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§ 5620. . Emergency authority for the State Election Commissioner [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. (a) The State Election Commissioner, in consultation with the Department offices, shall promulga…
15 Del. C. § 5621. . System for voters to determine status of their mail ballots [Repealed].
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§ 5621. . System for voters to determine status of their mail ballots [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del. Laws, c. 245, § 4, effective Jan. 12, 2021.;
15 Del. C. § 5621A. System for voters to determine status of their mail ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6].
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§ 5621A. System for voters to determine status of their mail ballots [For application of this chapter, see 83 Del. Laws, c. 353, § 6]. The State Election Commissioner, in collaboration with the Department offices, shall establish a free access system accessible via the Internet t…
15 Del. C. § 5701. Superior Court as board of canvass; convening and composition of Court.
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§ 5701. Superior Court as board of canvass; convening and composition of Court. (a) The Superior Court shall convene in each county on the second day after the general election at 10 a.m., for the performance of the duties imposed upon it by § 6 of article V of the Constitution o…
15 Del. C. § 5702. Duties of Court.
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§ 5702. Duties of Court. (a) Whenever the voting machine recording tapes, voting machine certificates, absentee vote tally sheets, write-in vote tally sheets and absentee ballot box for any election district are not produced when the Court convenes or whenever any voting machine …
15 Del. C. § 5703. Vote required for election.
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§ 5703. Vote required for election. In all elections, unless it be otherwise expressly provided, a plurality or the highest number of votes shall make a choice, except where this principle is defeated by 2 or more persons having the same and the highest number of votes for the sa…
15 Del. C. § 5704. Votes for President and Vice-President as votes for their electors.
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§ 5704. Votes for President and Vice-President as votes for their electors. The Court shall calculate the votes given for the candidates for President and Vice-President of a political party as votes given for each and all the electors of President and Vice-President of such part…
15 Del. C. § 5705. Certificates of the results of the election; number required.
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§ 5705. Certificates of the results of the election; number required. (a) After the state of the election has been ascertained by calculating the votes, the Court shall make, under the seal of the Court, the certificates of the results of the election as provided in this section …
15 Del. C. § 5706. Form of certificates.
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§ 5706. Form of certificates. (a) The certificates of the Court of the results of the election in its county may be according to the following form: The State of Delaware, ________________________________ County, ss. Be it Remembered, that at the general election held on the Tues…
15 Del. C. § 5707. Enclosing certificates in envelopes.
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§ 5707. Enclosing certificates in envelopes. The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement thereon describing the certificate enclosed. Upon the paper enclosing the certificates of the election of Senator or Representative in …
15 Del. C. § 5708. Tie vote; certificate.
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§ 5708. Tie vote; certificate. If, by reason of an equal number of votes having been cast for 2 or more persons for the office of Senator or Representative in the General Assembly, clerk of the peace, register of wills, recorder, levy court commissioner, receiver of taxes and cou…
15 Del. C. § 5709. Disposition of certificates by the Court.
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§ 5709. Disposition of certificates by the Court. (a) The Court shall, within 3 days after making the certificates of the result of the election for electors of President and Vice-President, either personally or by a person deputed by it for that purpose: (1) Transmit, deliver an…
15 Del. C. § 5710. Certification and proclamation by Governor of results of election of state officers.
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§ 5710. Certification and proclamation by Governor of results of election of state officers. The Governor, after receiving the certificates of the results of the election in each county, under the seal of the Superior Court, for the office of Attorney General, Insurance Commissio…