CHAPTER 143 - GENERAL ELECTIONS

AN ACT TO REPEAL 1769, SECTION 49, CHAPTER 60 OF THE REVISED CODE OF THE STATE OF DELAWARE ENTITLED "GENERAL ELECTIONS" AND TO SUBSTITUTE IN LIEU THEREOF A NEW SECTION PROVIDING FOR MARKING BALLOTS AND RULES FOR COUNTING BALLOTS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 1769, Section 49, Chapter 60 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out the said Section and inserting in lieu thereof the following:

1769. Section 49. Ballots; How Marked; Rules for Counting:--Any voter or elector at any election in this State shall indicate his choice of candidates by marking his official ballot with a black or indelible lead pencil or black crayon in the following manner:

When any elector desires to vote a straight ticket, that is to vote for all candidates of a party appearing in the party column on the ballot, he shall place a cross mark of "X" within the space containing the emblem of such Party. In the event that any elector does not desire to vote for all the candidates whose names appear in any one party column, he shall place a cross mark or "X" in the square at the left of the name of the candidate for whom he desires to vote and he may also scratch out the name of the candidate for whom he does not desire to vote, or he may do either.

All ballots cast at any election shall be counted for the persons for whom they were intended, so far as such intention can be ascertained therefrom, and in determining the intention the following rules shall be observed.

First: If the elector shall place on his ballot a cross mark or "X" within the space containing a party emblem, he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or unless in some other column he shall' have placed a mark in the square at the left of the name of some other candidate for the same office.

Second. When the voter shall place a mark against two or more names for the same office, he shall be deemed to have voted for none of them, and the ballot shall not be counted for either candidate, but shall be counted for such other, candidates as it is the evident intention of the voter to vote for.

Third. If any name be written on any ballot the ballot shall be void and not counted.

Fourth. When the elector shall have made a mark in the square at the left of the name of a person in the proper place, he shall be deemed to have voted for that person, although he shall have omitted to erase or scratch out the name printed in any other column for the same office.

Fifth. A ballot put in without any marks shall not be counted, and a ballot not marked at the top shall be counted only for the persons for whom the marks thereon are applicable.

Approved March 11, 1935.