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Delaware Statutes, Title 15

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Delaware/Statutes

← All Delaware coverage

Title 15, Elections

39 chapters · 638 sections in this title.

All chapters in Title 15638 Ch 31, PRIMARY ELECTIONS51 Ch 75, MUNICIPAL ELECTIONS45 Ch 51, CRIMINAL OFFENSES44 Ch 20, REGISTRATION OFFICERS AND MOBILE REG…42 Ch 49, CONDUCT OF ELECTION40 Ch 59, CONTESTED ELECTIONS31 Ch 80, CAMPAIGN CONTRIBUTIONS AND EXPENDITURES30 Ch 55, Absentee Voting28 Ch 2, Department of Elections22 Ch 56, Voting by Mail21 Ch 56a, Voting by mail ballot [For applicati…20 Ch 43, Presidential Electors; United States…19 Ch 77, Convention to Act Upon Amendments to…19 Ch 50, Electronic Voting Systems17

638 sections·Filtered byTitle 15✕

15 Del. C. § 5003. Compliance guarantee.
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§ 5003. Compliance guarantee. Before an electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing that voting system must provide the Commissioner an adequate written guarantee and post a bond accompanied by satisfactory sure…
15 Del. C. § 5003A. Use of voting devices; costs in municipal elections [Transferred].
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§ 5003A. Use of voting devices; costs in municipal elections [Transferred]. Transferred to § 5005 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.
15 Del. C. § 5004. Voting devices; software designations.
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§ 5004. Voting devices; software designations. (a) (1) No later than July 1 of each odd-numbered calendar year, the Commissioner shall designate the software and version of that software (software) that must be used on the Department’s voting devices during the next statewide gen…
15 Del. C. § 5004A. Number of voting devices per election district [Transferred].
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§ 5004A. Number of voting devices per election district [Transferred]. Transferred to § 5006 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

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15 Del. C. § 5005. Use of voting devices; costs in municipal elections [Repealed].

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§ 5005. Use of voting devices; costs in municipal elections [Repealed].63 Del. Laws, c. 409, § 1; 79 Del. Laws, c. 275, § 82; repealed by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.;

15 Del. C. § 5005A. Printing of ballots; distribution of ballots [Transferred].

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§ 5005A. Printing of ballots; distribution of ballots [Transferred]. Transferred to § 5007 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

15 Del. C. § 5006. Number of voting devices per election district.

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§ 5006. 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 assigned to that polling place, or majority fraction thereof. (b) In primary and special …

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. Printing of ballots; distribution of ballots [Repealed].

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§ 5007. Printing of ballots; distribution of ballots [Repealed].63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 8-11; 74 Del. Laws, c. 168, § 13; 77 Del. Laws, c. 227, § 68; 79 Del. Laws, c. 275, § 83; 82 Del. Laws, c. 170, § 37; repealed by 85 Del. Laws, c. 313, § 2, effecti…

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. Number of official ballots to be furnished [Repealed].

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§ 5008. 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. § 5008A. Preparation of voting devices [Transferred].

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§ 5008A. Preparation of voting devices [Transferred]. Transferred to § 5010 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

15 Del. C. § 5009. Substitute ballots [Repealed].

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§ 5009. Substitute ballots [Repealed].63 Del. Laws, c. 409, § 1; repealed by 82 Del. Laws, c. 170, § 39, 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. Preparation of voting devices.

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§ 5010. Preparation of voting devices. (a) (1) a. The Department shall deliver the number of voting devices required under § 5006 of this title to each polling place before the time that the election officers are required to report for duty. b. The Department shall program each v…

15 Del. C. § 5010A. Inoperative voting devices [Transferred].

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§ 5010A. Inoperative voting devices [Transferred]. Transferred to § 5012 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

15 Del. C. § 5011. Instruction model.

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§ 5011. Instruction model. Repealed by 70 Del. Laws, c. 154, § 18, effective July 7, 1995.

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. § 5012. Inoperative voting devices.

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§ 5012. Inoperative voting devices. (a) If a voting device becomes inoperative during the conduct of an election, the election officers shall seal the voting device in a manner that prevents further voting on that voting device. (b) The Department shall maintain and hold in readi…

15 Del. C. § 5012A. Audits; audit discrepancy procedure [Transferred].

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§ 5012A. Audits; audit discrepancy procedure [Transferred]. Transferred to § 5014 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

15 Del. C. § 5013. Voting device curtains; absentee voting [Repealed].

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§ 5013. 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. § 5014. Audits; procedures.

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§ 5014. Audits; procedures. (a) (1) An audit of election results under this chapter (audit) must count by hand the votes on each paper ballot from a voting device and compare the paper ballot totals to the totals kept by the voting device electronically. (2) An audit completed un…

15 Del. C. § 5015. Audits; elections for state or county offices.

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§ 5015. Audits; elections for state or county offices. (a) Within 48 hours of the certification of the results of an election for a state or county office, the Department shall conduct an audit of all of the following: (1) One randomly selected voting device in each county where …

15 Del. C. § 5016. Audits; elections for City of Wilmington offices.

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§ 5016. Audits; elections for City of Wilmington offices. (a) This section applies to elections conducted for offices in the City of Wilmington under subchapter II of Chapter 75 of this title. (b) Within 48 hours of the certification of the results of an election, the Department …

15 Del. C. § 5017. Audits: school district elections.

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§ 5017. Audits: school district elections. (a) This section applies to school district elections conducted under Title 14. (b) After an election for a school board member, the Department shall conduct audits as follows: (1) Within 48 hours of the certification of the results of a…

15 Del. C. § 5101. Jurisdiction of Court.

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§ 5101. Jurisdiction of Court. The Superior Court shall have exclusive, original jurisdiction of offenses under this title and no prosecution for the violation of any section of this title shall be brought in any other court.15 Del. C. 1953, § 5101;

15 Del. C. § 5102. Prosecution by Attorney General; duty to report violations.

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§ 5102. Prosecution by Attorney General; duty to report violations. (a) The Attorney General shall immediately prosecute to final judgment all complaints which may be made of a violation of this title. (b) The Department of Elections and all election officers shall notify the Att…

15 Del. C. § 5103. Irregularities or defects in election as a defense.

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§ 5103. Irregularities or defects in election as a defense. Irregularities or defects in the mode of noticing, canvassing, polling or conducting any election shall not be a defense to a prosecution for any violation of this title.19 Del. Laws, c. 39, § 51; Code 1915, § 1809; Code…

15 Del. C. § 5104. Honest belief as a defense.

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§ 5104. Honest belief as a defense. Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any fact tending to show that the accused honestly believed upon good reason that the vote complained of was a lawful one.19 Del. Laws, c.…

15 Del. C. § 5105. Application to school elections.

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§ 5105. Application to school elections. The provisions of this chapter shall additionally be applicable to any local school elections held under Title 14.67 Del. Laws, c. 243, § 10;

15 Del. C. § 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.

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§ 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty. Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of the same, sha…

15 Del. C. § 5112. Refusal of inspector or judge of election to serve; penalty.

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§ 5112. Refusal of inspector or judge of election to serve; penalty. Whoever, having been appointed an inspector or judge of election in any election district, refuses to serve shall be fined $50.21 Del. Laws, c. 38, § 11; Code 1915, § 1750; Code 1935, § 1839; 15 Del. C. 1953, § …

15 Del. C. § 5113. Refusal of clerk of election to qualify or serve; penalty.

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§ 5113. Refusal of clerk of election to qualify or serve; penalty. Whoever, having been appointed a clerk of election, refuses to qualify or having qualified fails or refuses to perform any of the duties of the clerk of election’s office shall be fined not less than $50 nor more …

15 Del. C. § 5114. Improper conduct of printer of ballots and ballot envelopes; penalty.

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§ 5114. Improper conduct of printer of ballots and ballot envelopes; penalty. If the printer of the ballot or envelope or any person employed in printing the same: (1) Knowingly gives or delivers or knowingly permits to be taken any ballots or envelopes by any person other than t…

15 Del. C. § 5115. Improper use of ballot or envelope; penalty.

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§ 5115. Improper use of ballot or envelope; penalty. Whoever: (1) Forges or falsely makes the official endorsement of any ballot or envelope; or (2) Prints or causes to be printed any imitation ballot or envelope or circulates the same; or (3) Conspires with other persons or indu…

15 Del. C. § 5116. Tampering with voting machines; penalties.

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§ 5116. Tampering with voting machines; penalties. Whoever before the opening of the election registers any vote on a voting machine or at any time tampers with, disarranges, defaces, impairs in any manner or destroys a voting machine or any part thereof, including the ballots on…

15 Del. C. § 5117. Unauthorized entering of voting room; penalties.

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§ 5117. Unauthorized entering of voting room; penalties. (a) Whoever does not meet the qualifications of § 4933 of this title, and enters the voting room on the day of election other than to vote, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than …

15 Del. C. § 5118. Interference with election; penalties.

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§ 5118. Interference with election; penalties. (a) Whoever: (1) Enters or attempts to enter the voting room before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of clo…

15 Del. C. § 5119. Feigning a physical disability to obtain assistance in voting; penalty.

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§ 5119. Feigning a physical disability to obtain assistance in voting; penalty. (a) Whoever, being an elector, feigns a physical defect or disability in order to be permitted to bring into the election room or voting booth another person, shall be fined $100 and shall be imprison…

15 Del. C. § 5120. Secreting person in election room; penalty.

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§ 5120. Secreting person in election room; penalty. Whoever, other than the election officers, secretes or attempts to secrete himself or herself in any part of the polling room during the hours of the election for any purpose whatsoever, shall be fined not less than $100 and may…

15 Del. C. § 5121. Removal or destruction of election supplies or equipment or voting machines; penalty.

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§ 5121. Removal or destruction of election supplies or equipment or voting machines; penalty. (a) Whoever, during the general election: (1) Removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling the…

15 Del. C. § 5122. Disclosures by election officers; penalty.

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§ 5122. Disclosures by election officers; penalty. Whoever, being an election officer: (1) Reveals to any person how any elector has voted or what persons were voted for by any elector on any ballot; or (2) Gives any information concerning the appearance of any ballot voted or en…

15 Del. C. § 5123. Intimidation, persuasion or bribery by election officer; penalty.

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§ 5123. Intimidation, persuasion or bribery by election officer; penalty. Whoever, being an election officer: (1) In any manner attempts to influence, persuade, intimidate, bribe or coerce any voter in the marking of the voter’s ballot, or in the making of the choice of the perso…

15 Del. C. § 5124. Inducing the making of distinguishing mark on ballot; penalty.

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§ 5124. Inducing the making of distinguishing mark on ballot; penalty. Whoever induces or attempts to induce any elector to write, paste or otherwise place on that elector’s own ballot the name of any person, or any sign or device of any kind, as a distinguishing mark by which to…

15 Del. C. § 5125. Inducing election officers to violate election laws; penalty.

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§ 5125. Inducing election officers to violate election laws; penalty. Whoever induces or attempts to induce any election officers to violate any of the provisions of this title whether or not such election officers violate or attempt to violate any of such provisions shall be imp…

15 Del. C. § 5126. Violations by officials; penalty.

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§ 5126. Violations by officials; penalty. Whoever, being a clerk of the peace, an official, or other individual as designated in this title, wilfully violates this title in the performance of any duty imposed upon him or her for the violation of which no other punishment is provi…

15 Del. C. § 5127. Bribery of person expecting to be election or registration officer; penalty.

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§ 5127. Bribery of person expecting to be election or registration officer; penalty. Whoever bribes or attempts to bribe anyone expecting to hold any official position under the election or registration laws of this State, either as registrar, inspector, judge or otherwise, by gi…

15 Del. C. § 5128. Fraudulent voting; penalty.

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§ 5128. Fraudulent voting; penalty. Whoever, at any general or special election: (1) Falsely personates any elector or other person and votes or attempts or offers to vote in or upon the name of such elector or other person; or (2) Votes or attempts to vote in or upon the name of…

15 Del. C. § 5129. False entries by clerk of election.

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§ 5129. False entries by clerk of election. Whoever, being a clerk of election or other election officer performing the duty of such clerk: (1) Wilfully keeps a false poll list; or (2) Knowingly inserts in that clerk of election’s or election officer’s poll list any false stateme…

15 Del. C. § 5130. Failure of election officer to perform duties.

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§ 5130. Failure of election officer to perform duties. Whoever, being an election officer, wilfully: (1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or (2) Receives a vote from any person who has been d…