CHAPTER 506

FORMERLY

SENATE BILL NO. 468

AN ACT TO AMEND CHAPTERS 31, 45 AND 49, TITLE 15, DELAWARE CODE. RELATING TO ELECTRONIC VOTING MACHINES

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

Section 1. Amend §3108. Title 15. Delaware Code, by striking the word ''levers" wherever it appears in the second paragraph and replacing it with the word "buttons".

Section 2. Amend §3126, Title 15. Delaware Code, by inserting the words "or Chapter 50A" after the words "Chapter 50"

Section 3. Amend §3171, Title 15. Delaware Code by striking the first sentence and the lust two words of the second sentence in their entirety and replacing them with the following.

"The inspector and judges shall remove the paper tape containing the total vote east for each candidate from each voting machine in the election district. Each copy of each paper tape"

Section 4. Amend §4502 Title 15. Delaware Code, by adding thereto a new paragraph (e) to read as follows:

"(e) If the number of candidates. offices. and/or parties to be listed on the ballot preclude the layout of a ballot as specified in this section, the Department of Elections shall obtain approval of the Commissioner of Elections to layout the ballot in a manner best suited to the number of candidates, offices, and/or parties eligible to be placed on the ballot."

Section 5. Amend §4508. Title 13 Delaware Code. by striking the paragraphs (a) and (b) in their entirety and replacing them with the following

''(a) The Department shall program the voting machine to produce at leaf copies of the paper tape showing the number of votes cast for each candidate on each voting machine.

(b) the paper tape shall show the number of votes cast on the voting machine for each candidate and the paper tape from one voting machine in the election district shall show the number of absentee votes cast for each candidate by eligible voters in the election district.

(b) The absentee vote tally sheet for the election district shall show the number of absentee ballots received, the number rejected and the number counted."

Section 6. Amend §4910(c), Title 15 Delaware Code by replacing the phrase -election district" with the phrase "unique ballot"

Section 7. Amend §4912, Title 15, Delaware Code by striking subsections (b) and (c) to their entirety and replacing them with the following•

"(b) The voting machine certificates (2) shall be delivered to the election officers at least three quarters of an hour before the time set for the opening of the polls. Section one (1) of the voting machine certificates shall list the serial number, ballot number. machine case seal number, printer door number, and the protective counter number for each voting machine assigned to the election district. Each election officer shall witness and verify that the numbers listed on the voting machine certificates are the same as the voting machine serial number, machine case seal number, printer door seal number, ballot number and protective counter number on the voting machine. If a number is different, the inspector shall strike through the number, enter the appropriate correction and initial the entry on each of the certificates At the completion of this comparison, each election officer shall sign in the appropriate place in section one (1) of each of the voting machine certificates.

(c) the election officers shall observe the opening of the polls procedure for each voting machine assigned to the election district It the light in the polls ready to open box on the officer's control panel is in any other but the top position prior to the inspector pressing the open polls button, stop the procedure and contact the Department of Elections. The machine cannot be used if during the opening of the polls procedure, the paper tape shows 'error all counters not zero’, stop the procedure and contact the Department of Elections. The machine cannot he used At the conclusion of the open polls procedure for each toting machine assigned to the election district, each election officer signs the paper tape After the last election officer signs the paper tape, the inspector will close the write-in window.

Section 8 Amend §4932(b). Title 15, Delaware Code, by striking the first sentence in the first paragraph in its entirety and by striking the second and third sentences in the second paragraph in their entirety and replacing them with the following.

"If it shall become necessary for a representative of the Department to open the printer door or to open the printer door and remove the ballot cover and/or ballot in order to repair a voting machine that cannot be repaired otherwise, a statement to that effect shall he entered on the reverse side of each cops of the voting machine certificate. The statement shall be signed by the inspector and the departmental representative. Upon completion of the repair, the inspector shall close and seal the printer door and record the new seal number on the reverse side of the voting machine certificate.

Section 9. Amend §4975, Title 15. Delaware Code, by striking said section in its entirety and replacing it with the following

"§4975. Removing the Results From the Voting Machine(s) and Dispatching the Memory Cartridge(s) to the zone Reporting Station

(a) After the polls base closed and the last voter has finished voting and exited the polling place, the inspector shall verify that each voting machine has been deactivated. The election officers shall then copy the protective counter number from each voting machine assigned to the election district onto section three (3) of each of the voting machine certificate(s).

(b) The election officers shall then enter the absentee vote totals for each candidate into one of the voting machines assigned to the election district and close the polls on said voting machine

(c)The election officers shall then complete the procedure for closing the polls on every other voting machine assigned to the election district

(d) After the polls have been closed on a voting machine, the officers shall remove the paper tape containing the results and the memory cartridge from the voting machine.

(e) After the memory cartridge(s) have been removed from each voting machine assigned to the election district, the inspector shall place said memory cartridge(s) into the envelope designated for the memory cartridge(s). and seal the envelope. The inspector shall give the envelope to the election officer assigned to deliver the memory cartridge(s) to the zone reporting station. The inspector shall then enter the date and time in section two (2) of each of the voting machine certificates and direct the said election officer to sign section two (2) of each of the voting machine certificates. The inspector shall then dispatch the said election officer with the envelope containing the memory cartridge(s) to the zone reporting station listed on the envelope containing the memory cartridge(s). The election officer assigned to take the memory cartridge(s) to the zone reporting station shall depart the polling place immediately and go directly to the zone reporting station listed on the envelope containing the memory cartridge(s). Upon arriving at the said zone reporting station, the said election officer shall give the envelope to a designated representative of the Commissioner of Elections.

(f) After the election officer assigned to deliver the memory cartridge(s) to the zone reporting station has departed the polling place, each remaining election officer shall sign each copy of every paper tape removed from a voting machine assigned to the election district.

(g) After every copy of every paper tape has been signed, the inspector will separate the copies of each tape by cutting at the 'cut here' line. The first copy of each paper tape (the copy with the zero count certification) shall be placed into the Prothonotary envelope and the first extra copy of each tape shall be placed into the Department of Elections Envelope.-

Section 10. Amend §4976, Title 15. Delaware Code, by striking subsections (a), (b) and (c) and replacing them with the following:

"(a) After the paper tapes have been separated and placed in envelopes, the inspector shall remove the first copy paper tape(s) (with zero count certification) from the Prothonotary envelope."

Section 11. Amend §4976(d), Title 15. Delaware Code by striking the word "ballot- in the first sentence and replacing it with the phrase "each paper tape" and by striking the phrase "certificate of elections" in the second sentence and replacing it with "write-in vote tally sheet" and by redesignating subsection (d) to subsection (h).

Section 12. Amend §4976(e), Title 15. Delaware Code, by redesignating it subsection (c).

Section 13. Amend §4976(f). Title 15, Delaware Code, by redesignating it subsection (d) and by striking the third sentence and replacing it with:

"The first copy paper tape (with zero count certification) from each voting machine assigned to the election district shall be placed in the envelope and shall be delivered to the Prothonotary.-

Section 14. Amend §4977, Title 15, Delaware Code, by striking the phrase "and the certificates of election after the tabulation- in the second sentence and replacing it with ", voting machine certificates and the paper tape with the vote tabulation after tallying".

Section 15. Amend §4978, title 15. Delaware Code, by striking it in its entirety and replacing it with the following:

"§4978. Securing the Voting Machine, Voting Machine Certificates, and Tally Sheets.

(a) After the write-in votes have been tallied, the inspector shall close the printer door and apply a seal to the printer door for each voting machine assigned to the election district. The inspector shall record the seal number on each of the voting machine certificates.

(a) After placing the curtain. absentee entry device and any other materials designated by the respective Department of Elections in the base of the voting machine, the inspector shall fold up the voting machine and apply a seal to the voting machine case. The inspector shall record the seal number on each of the voting machine certificates. The inspector shall repeat this procedure for each voting machine assigned to the election district.

(c) The election officers present shall sign all copies of the absentee vote tally sheets, write-in vote tally sheets and section three (3) of the voting machine certificates.

(d) The inspector shall place one copy of the voting machine certificate, absentee vote tally sheet and write-in vote tally sheet in the envelope to be delivered to the Prothonotary and one copy of each of the said documents in the envelope to be delivered to the Department of Elections immediately following the closing of the polling place."

Section 16. Amend §4979(a), Title 15. Delaware Code, by striking it in its entirety and replacing it with the following:

"(a) After the close of the election, the inspector shall deliver the absentee ballot box and an envelope containing the first copy of the paper tape (with 'zero count' certification) from each voting machine in the election district and one copy of the voting machine certificate, absentee vote tally sheet and write-in vote tally sheet, if any, to the Prothonotary of the Superior Court for his/her county. The Prothonotary shall, at 12:00 noon on the second day after the election, present said absentee ballot box and envelope to the court. If the inspector of any election district dies or is prevented by sickness or accident from delivering the above-mentioned items to the Prothonotary the night of election day. the said absentee ballot box and envelope shall be sent by safe and secure conveyance to the Prothonotary on the day following the election, and the inspector, his/her executor, administrators or heirs shall he responsible for such delivery. The same shall apply to all envelopes, documents, poll lists, election records, and supplies which the inspector is obligated to return to the Department of Elections the night of election day."

Section 17. Amend §4979(b), Title 15. Delaware Code, by striking subsection (4) and renumbering subsections (5), (6), (7), and (8) as (4). (5). (6) and (7) respectively and by striking subsection (1) and replacing it with the following:

"(1) An envelope containing one (1) copy of the paper tape with results from each voting machine in the election district and one (1) copy of the voting machine certificate, absentee vote tally sheet, and write-in vote tally sheet."

Section 18. Amend §4980, Title 15. Delaware Code by striking subsection (a) and redesignating subsections (b) and (e) as subsections (a) and (b) respectively.

Approved July 12, 1996