CHAPTER 398

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 250

AN ACT PROPOSING AN AMENDMENT TO ARTICLE V. SECTION 6 OF THE DELAWARE CONSTITUTION OF 1897 RELATING TO CERTIFICATES OF ELECTION AND BALLOTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article V, Section 6, of the Delaware Constitution of 1897, as amended, by deleting the title and first two paragraphs in their entirety and substituting in lieu thereof the following:

§ 6. Voting machine recording tapes, voting machine certificate, and absentee ballots; delivery to the Prothonotary; duties and composition of court; quorum.

Section 6. The presiding election officer of each election district, following the close of the polls on the day of the general election, shall deliver the copy of the voting machine recording tape containing the signatures of the election officers present at the opening and closing of the polls from each voting machine assigned to his/her district and one copy of the voting machine certificate, made and certified by law, together with the ballot box or ballot boxes containing absentee ballots and other papers required by law to be placed therein, to the Prothonotary of the Superior Court of the county, who at 10 o'clock a.m. on the second day after the election present the same to the said court, and the said court shall at the same time convene for the performance of the duties hereby imposed upon it; and thereupon the said Court, with the aid of such of its officers and such sworn assistants as it shall appoint, shall publicly ascertain the state of the election throughout the county, by determining the aggregate number of votes for each office given in the election districts of the county and for every person who received votes for each office.

Said presiding election officer shall also deliver a copy of the voting machine recording tape from each voting machine assigned to his/her district and one copy of the voting machine certificate to the Department of Elections following close of polls on the day of the general election, which at 10 o'clock a.m. on the second day after the election appear at said court with said voting machine recording tapes and voting machine certificates for use, as necessary, in ascertaining the state of the election.

In case the voting machine recording tape(s) , voting machine certificates, absentee ballots, and/or any other document required by law shall not be produced, or in the case of complaint under oath of fraud or mistake in any such tape or certificate, or in case fraud or mistake is evident on the face of any document completed by the election officers, the Court shall have the power to issue summary process against the election officers or any other persons to bring them forthwith into Court with the election papers in their possession or control, and to open the absentee ballot boxes and take there from any paper contained therein, and to recount the absentee ballots, and to correct any fraud or mistake on the voting machine recording tape(s) or on any document completed by the election officers relating to such election."

Passed June 29, 1998