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Delaware Statutes, Title 15

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Delaware/Statutes

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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. § 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 Duties of Department of Elections; political balance of mail judges; security [Repealed].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 Duties of Department of Elections; political balance of mail judges; security [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del.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 Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [Repealed].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 Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [Repealed].82 Del. Laws, c. 245, § 3; repealed by 82 Del.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) (1) a. The Superior Court (Court) shall convene in each county on the second day after the general election at 10 a.m., for the performance of the Court’s duties under § 6 of article V of the Dela…

15 Del. C. § 5702. Duties of Court.

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§ 5702. Duties of Court. (a) If any of the material under § 5701(a)(3) of this title for any election district have not been produced when the Court convenes under § 5701(a)(1)a. of this title or if any voting device is not available by 12:00 noon, the Court may issue summary pro…

15 Del. C. § 5703. Vote required for election.

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§ 5703. Vote required for election. In all elections, unless it is otherwise expressly provided, a plurality or the highest number of votes make a choice, except where this principle is defeated by 2 or more individuals receiving the same and the highest number of votes for the s…

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 cast for each and all the electors of President and Vice President of that party…

15 Del. C. § 5705. Certificates of the results of the election; number required [Repealed].

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§ 5705. Certificates of the results of the election; number required [Repealed].21 Del. Laws, c. 38, § 25; Code 1915, § 1779; Code 1935, § 1868; 15 Del. C. 1953, § 5705; 55 Del. Laws, c. 85, § 34B; 57 Del. Laws, c. 762, § 33B; 72 Del. Laws, c. 434, § 4; 73 Del. Laws, c. 91, § 10;…

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 must be according to the following form or be substantially similar to the following form: The State of Delaware, ________________________________ County, ss. Be it Rememb…

15 Del. C. § 5707. Enclosing certificates in envelopes.

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§ 5707. Enclosing certificates in envelopes. (a) The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement describing the certificate enclosed. (b) In the endorsement on an envelope enclosing the certificates of the election of Senator or…

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 individuals for an office, it appears to the Court that a vacancy will occur in that office, the Court shall create a certificate of this fact, under its seal, and deliver this…

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, transmit, deliver, and lodge 1 certificate of the result of the election with the State Election Commissioner and as follows: (1) For …

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. (a) The Governor, after receiving the certificates of the results of the election in each county, for the office of Attorney General, Insurance Commissioner, State Treasurer, and Auditor …

15 Del. C. § 5711. Electors for President and Vice President; announcements and certifications of election [Effective if Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 5711. Electors for President and Vice President; announcements and certifications of election [Effective if Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. The Governor is the chief election official under § 4305A(3) of this title a…

15 Del. C. § 5712. Representative in the Congress of the United States; announcement and certification of election.

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§ 5712. Representative in the Congress of the United States; announcement and certification of election. (a) The Governor, after receiving the certificates of the results of the election in each county for Representative in the Congress of the United States, shall without delay e…

15 Del. C. § 5713. United States Senator; announcement and certification of election; form.

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§ 5713. United States Senator; announcement and certification of election; form. (a) The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for Senator from this State in the Senate of the United States, …

15 Del. C. § 5714. Costs.

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§ 5714. Costs. All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated.15 Del. C. 1953, § 5717; 57 D…

15 Del. C. § 5715. State senatorial or representative districts.

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§ 5715. State senatorial or representative districts. (a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows: (1) For …

15 Del. C. § 5901. Notice of intention to contest; specifications.

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§ 5901. Notice of intention to contest; specifications. Any person intending to contest the election or the eligibility of any one returned by the board of canvass as a member of either branch of the General Assembly from any of the counties of this State shall at least 20 days b…

15 Del. C. § 5902. Counter specifications.

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§ 5902. Counter specifications. The person returned by the board of canvass as having been elected shall, within 15 days after receiving the notice specified in § 5901 of this title, deliver to the person contesting the elected person’s seat a like specification of objections to …

15 Del. C. § 5903. Verification of specifications.

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§ 5903. Verification of specifications. Every specification shall be verified by 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 were…

15 Del. C. § 5904. Delivery of notice and specification to presiding officer of Senate or House.

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§ 5904. Delivery of notice and specification to presiding officer of Senate or House. Copies of the notice and specifications verified as provided in § 5903 of this title shall be delivered to the Speaker or President, as the case may be, of the house having cognizance of the mat…

15 Del. C. § 5905. Inquiry restricted to grounds specified.

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§ 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…

15 Del. C. § 5906. Costs when sitting member unseated.

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§ 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…

15 Del. C. § 5907. Costs when sitting member is not unseated.

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§ 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…

15 Del. C. § 5908. Execution when costs are to be paid by contestant.

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§ 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…

15 Del. C. § 5921. Notice of contest; specification.

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§ 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…

15 Del. C. § 5922. Specification in answer.

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§ 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, …

15 Del. C. § 5923. Verification of specifications.

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§ 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 …

15 Del. C. § 5924. Delivery of documents to special board of canvass.

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§ 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…

15 Del. C. § 5925. Inquiry restricted to grounds of objection in specifications.

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§ 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…

15 Del. C. § 5926. Subpoenas for witnesses.

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§ 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 …

15 Del. C. § 5927. Superior Court for Kent County declared a special board of canvass to hear contest.

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§ 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…

15 Del. C. § 5928. Certification by Superior Court.

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§ 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 …

15 Del. C. § 5941. Who may contest; causes.

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§ 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…

15 Del. C. § 5942. Irregularities not invalidating election.

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§ 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…

15 Del. C. § 5943. Requirements to set aside election because of illegal voting.

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§ 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…

15 Del. C. § 5944. Circumstances under which contestant need not claim to have been elected.

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§ 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…

15 Del. C. § 5945. Statement of contestant; contents.

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§ 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…

15 Del. C. § 5946. Verification of contestant’s statement.

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§ 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…

15 Del. C. § 5947. Security for costs.

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§ 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…

15 Del. C. § 5948. Citation; service and return.

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§ 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…

15 Del. C. § 5949. Dismissal of proceedings.

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§ 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, §…

15 Del. C. § 5950. Trial.

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§ 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 …

15 Del. C. § 5951. Trial by Court; by jury.

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§ 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…