CHAPTER 276

RESPECTING USE OF VOTING MACHINES IN PRIMARY ELECTIONS

AN ACT TO AMEND CHAPTER 31, TITLE 15, DELAWARE CODE OF 1953 IN RESPECT TO PRIMARY ELECTIONS BY PROVIDING FOR THE METHODS AND PROCEDURES CONNECTED WITH THE USE OF VOTING MACHINES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3101, Chapter 31, Title 15, Delaware Code of 1953 is amended by adding at the end thereof the following new paragraph:

"Primary ballots" mean paper ballots used with ballot boxes or ballots used in voting machines.

Section 2. § 3108, Chapter 31, Title 15, Delaware Code of 1953 is amended by repealing the last paragraph and substituting in lieu thereof the following paragraph:

"The Chairman or Secretary of a political party holding a primary election shall at least one week prior to the day on which such election is to be held deliver to the Department of Elections a list giving the address of the polling places at which voting machines are to be used, and the Department of Elections shall cause voting machines to be delivered in such primary districts at least one hour prior to the opening of the polls. The Department of Elections shall cause such machines to be returned and impounded not later than one secular day after such election."

Section 3. § 3124, Chapter 31, Title 15, Delaware Code of 1953 is amended by adding at the end thereof a new subsection as follows:

(d) "The Department of Elections shall cause to be printed the ballots to be used in voting machines for primary elections and shall cause the same to be placed in voting machines for the proper district prior to their delivery. The Chairman and Secretary of a political party holding any primary election shall not less than five days prior to such primary election certify to the Department of Elections the name of all candidates to be voted for at such election and the office for which they are a candidate."

Section 4. § 3125, Chapter 31, Title 15, Delaware Code of 1953 is amended by adding at the end thereof a new subsection as follows:

(d) "Provided and notwithstanding the foregoing, in every primary district in which there is a contest for any office, voting machines of the type used in general elections in this State shall be used; said voting machines shall be inspected, prepared and certified in the same manner as in the case for general elections."

Section 5. § 3163, Chapter 31, Title 15, Delaware Code of 1953 is amended by adding at the end thereof a new paragraph as follows:

"The method for voting in primary districts where voting machines are used shall be as in general elections."

Section 6. § 3173, Chapter 31, Title 15, Delaware Code of 1953 is amended by adding at the end thereof a new paragraph as follows:

"In primary election districts where voting machines are used, the total vote cast for each candidate, as recorded on the voting machine, shall be entered by the judges holding such primary election for such primary district on the two certificates furnished for such purpose; each certificate shall be signed by the Inspector, Judges, and Poll Clerks, one of said certificates together with one Poll list shall be delivered by the Inspector * on the first secular day following such primary election to the Chairman of the regularly organized County or City Committee, as the case may be, of the political party holding such primary election; the other certificate and all keys to the voting machines, and one poll list shall be delivered to the Department of Elections in an envelope furnished for that purpose; said envelope shall be sealed and each officer shall sign their name across the seal of said envelope."

Approved July 7, 1953.