CHAPTER 437

FORMERLY

SENATE BILL NO. 394

AN ACT CONCURRING IN A PROPOSED 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):

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 139th General Assembly, being Chapter 398, Volume 71, Laws of Delaware, as follows:

“AN ACT PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6 OF THE DELAWARE CONSTITUTION OF 1897 RELATING TO CERTIFICATES OF ELECTIONS AND BALLOTS

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:

Ҥ. VOTING MACHINE RECORDING TAPES, VOTING MACHINE CERTIFICATE, AND ABSENTEE BALLOTS; DELIVERY TO THE PROTHONOTARY; DUTIES AND COMPOSITION OF COURT; QUORUM.

Section 6. Said 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 each 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 or 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 each voting machine recording tape from each voting machine assigned to his or her district, one copy of the voting machine certificate and absentee ballots to the Department of Elections following close of the polls on the day of the general election, which at 10 o’clock a.m. on the second day after the election and shall appear at said Court with said voting machine recording tapes, voting machine certificates and absentee ballots for use, as necessary, in ascertaining the state of the election.

In case any voting machine recording tape, voting machine certificate, absentee ballot box, and/or any other document required by law shall not be produced, or in the case of a 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 any election officer, the Court shall have the power to issue summary process against any election officer or any other person to bring such persons forthwith into Court with the election papers in their possession or control; and to open any absentee ballot box and take therefrom 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 any election officers relating to such election.”

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each house of the 139th General Assembly;

NOW THEREFORE:

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. The proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Approved June 30, 2000