CHAPTER 154

FORMERLY

SENATE BILL NO. 140

AN ACT TO AMEND CHAPTER 50A, TITLE 15, OF THE DELAWARE CODE RELATING TO ELECTRONIC VOTING SYSTEMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5001A(4), Title 15 of the Delaware Code by inserting "or any voting device" between the words "ballot card" and the word "if'.

Section 2. Amend §5001A(a)(10), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following

"(10) if individual paper ballots are used, the paper ballot shall include a serialized stub number for each ballot issued to a voter to be retained by the poll worker which will show at all times during any election a total number of persons who have voted."

Section 3. Amend §5001A(a)(11), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(11) It shall be so equipped that it shall prevent the voter from voting for all the candidates of one party by the use of a single mark, punch or other action; however, it shall be provided with a device or method for each party, for voting for all presidential electors of that party by one mark, punch or other action."

Section 4. Amend §5001A(c), Title 15, by striking said subsection in its entirety.

Section 5. Amend §5002A, Title 15, of the Delaware Code by striking "Department of Elections" wherever it appears and substituting in lieu thereof "Commissioner of Elections".

Section 6. Amend §5004A(a), Title 15 of the Delaware Code by inserting ", special," after the word "general" and before the word "or".

Section 7. Amend §5004A(b), Title 15 of the Delaware Code by striking said subsection in its entirety.

Section 8. Amend §5005A(a), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) All ballots, ballot labels and ballot cards, as required, shall be printed in black ink on clear, white material of such size as will fit the ballot frame used for all elections. All ballot labels shall be secured in the ballot frame to make tampering or removal difficult."

Section 9. Amend §5005A(b), Title 15 of the Delaware Code by striking the second sentence of said subsection in its entirety and substituting in lieu thereof the following:

"The titles of offices are to be arranged to the left of the candidate names and, if appropriate placed in booklet form."

Section 10. Amend §5005A(c), Title 15 of the Delaware Code by striking said subsection in its entirety.

Section 11. Amend §5005A(d), Title 15 of the Delaware Code by striking the words "official Ballot labels and cards" as they appear therein and substituting in lieu thereof the words "official ballots, ballot labels and/or cards".

Section 12. Amend §5006A, Title 15 of the Delaware Code by striking the word "The" at the beginning of said section and substituting in lieu thereof the phrase "If required by the voting system, the".

Section 13. Amend §5008A(a), title 15 of the Delaware Code by striking the second sentence of said subsection in its entirety and substituting in lieu thereof the following:

"The Department shall certify that each device to be used in an election has been properly prepared and inspected."

Section 14. Amend §5008A(b), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(b) The Department shall mail written notices to the State Chairman of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairman of each such political party may designate one representative to be present during the inspection."

Section 15. Amend §5008A(cX2), Title 15 of the Delaware Code by striking said paragraph (2) in its entirety and substituting in lieu thereof the following:

"(2) To examine and/or test each voting position for proper registration;".

Section 16. Amend §5008A(d), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) The Department shall cause all ballot cards, if used by the voting system, to be sealed in a metal transfer carrier and the seal number recorded. Two representatives of the Board of Elections, of opposite political affiliation, shall examine each voting device and insure that each voting device is sealed with the numbered seal as required. They shall:

(1) certify the numbers on the voting devices and the election districts for which they are designated;

(2) certify that all voting devices are in proper working condition;

(3) certify that the voting devices are properly sealed; and

(4) certify that the correct ballot has been properly secured in the voting device."

Section 17. Amend §5008A(e), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(e) The Department shall have the automatic tabulating equipment used in mark sense or punch mark tabulation tested to ascertain that it will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be published and a test conducted within five days of the election. The tabulating equipment shall pass the same test at the conclusion of the count before the election returns are approved. Two representatives of the Board of Elections, of opposite political affiliation, shall certify that this has been done."

Section 18. Amend §5009A, Title 15 of the Delaware Code by striking said section in its entirety.

Approved July 7, 1995