TITLE 15

Elections

General Elections

CHAPTER 45. BALLOTS, ELECTION SUPPLIES AND POLLING PLACES


There shall be a single ballot for Presidential, Vice-Presidential, state, county and district candidates.

Code 1915, § 1725; Code 1935, § 1811; 43 Del. Laws, c. 129, § 1; 44 Del. Laws, c. 119, § 1; 47 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 4501.;

(a) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of that voter's choice, as prescribed in § 5005(b) of this title. In those years in which a President and Vice-President of the United States are to be elected the ballot shall be designated "Presidential, Vice-Presidential, State, County and District Ballot"; in other years the ballot shall be designated "State, County and District Ballot". The names of all candidates of any party shall be placed under the title and device of such party as designated in the certificate filed with the department of elections by such party's authorized agent or agents or, if none is designated, under some suitable title or device to be selected by the department of elections. When a President and Vice-President are to be elected, the names of the candidates for those offices shall be placed at the top of the list of candidates for all offices to be voted upon. The device named and chosen and the lists of candidates of the Democratic Party shall be placed in the first column on the left-hand side of the ballot, of the Republican Party in the second column, and of any other party, and the space for the voter to write in the name of any candidate of that voter's choice for any office, in such order as the department of elections shall decide. The names of unaffiliated candidates shall appear in alphabetical order, under the heading "Unaffiliated Candidates", after the listing of various political parties.

(b) All ballots for the same election shall be of uniform size, of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballots shall in general conform, as nearly as possible, to the sample ballot set forth in this section.

(c) The ballots prepared in accordance with this chapter shall conform as far as possible to the following design except that the write-in column may be placed on either side of the ballot.

OFFICIAL BALLOT Presidential, Vice-Presidential, State, County and District Ballot
WRITE IN   PARTY EMBLEM
Name of Party
PARTY EMBLEM
Name of Party
PARTY EMBLEM
Name of Party
  For President JOHN DOE   JOHN DOE   JOHN DOE  
  For Vice-President JOHN DOE   JOHN DOE   JOHN DOE  
  For United States Senator JOHN DOE   JOHN DOE   JOHN DOE  
  For Representative in Congress JOHN DOE   JOHN DOE   JOHN DOE  
  For Governor JOHN DOE   JOHN DOE   JOHN DOE  
  For Lieutenant Governor JOHN DOE   JOHN DOE   JOHN DOE  

(d) Absentee ballots may be laid out with candidate names under an office title. If this form is used, party logos shall not be used and the political party of each candidate shall be listed beside or below the name of each candidate. The candidates shall be listed in the order specified in subsection (a) of this section above. Except, that in a primary election the candidates shall be listed in alphabetic order and the political party shall be listed for each office.

(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 State Election Commissioner to lay out the ballot in a manner best suited to the number of candidates, offices and/or parties eligible to be placed on the ballot.

19 Del. Laws, c. 37, § 8; 20 Del. Laws, c. 396, § 2; 27 Del. Laws, c. 65, § 8; Code 1915, §§ 1725, 1725A; 28 Del. Laws, c. 95; Code 1935, § 1814; 43 Del. Laws, c. 129, § 4; 44 Del. Laws, c. 119, § 3; 45 Del. Laws, Sp. Sess., c. 4, § 3; 47 Del. Laws, c. 149, § 3; 15 Del. C. 1953, § 4502; 59 Del. Laws, c. 54, § 1; 61 Del. Laws, c. 418, § 14; 61 Del. Laws, c. 480, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 4; 77 Del. Laws, c. 227, §§ 2, 46-48.;

The departments of elections shall print or cause to be printed the ballots to be used in the voting machines and print or cause to have printed sufficient absentee ballots for any election conducted by the said departments under the provisions of this title.

19 Del. Laws, c. 37, § 11; 20 Del. Laws, c. 396, § 8; 22 Del. Laws, c. 62, § 3; 27 Del. Laws, c. 65, § 10; Code 1915, § 1728; 28 Del. Laws, c. 96; Code 1935, § 1817; 42 Del. Laws, c. 118; 43 Del. Laws, c. 129, § 5; 45 Del. Laws, Sp. Sess., c. 4, § 2; 45 Del. Laws, c. 154, § 3; 47 Del. Laws, c. 149, § 4; 48 Del. Laws, c. 375, § 1; 15 Del. C. 1953, § 4503; 49 Del. Laws, c. 294, §§ 2, 3; 54 Del. Laws, c. 69, § 1; 57 Del. Laws, c. 567, §§ 32, 33; 58 Del. Laws, c. 148, §§ 45, 46; 77 Del. Laws, c. 227, § 49.;

The Department shall print or cause to be printed the ballots to be used in the voting machines and print or cause to have printed sufficient absentee ballots for any election conducted by the Department under the provisions of this title.

19 Del. Laws, c. 37, § 11; 20 Del. Laws, c. 396, § 8; 22 Del. Laws, c. 62, § 3; 27 Del. Laws, c. 65, § 10; Code 1915, § 1728; 28 Del. Laws, c. 96; Code 1935, § 1817; 42 Del. Laws, c. 118; 43 Del. Laws, c. 129, § 5; 45 Del. Laws, Sp. Sess., c. 4, § 2; 45 Del. Laws, c. 154, § 3; 47 Del. Laws, c. 149, § 4; 48 Del. Laws, c. 375, § 1; 15 Del. C. 1953, § 4503; 49 Del. Laws, c. 294, §§ 2, 3; 54 Del. Laws, c. 69, § 1; 57 Del. Laws, c. 567, §§ 32, 33; 58 Del. Laws, c. 148, §§ 45, 46; 77 Del. Laws, c. 227, § 49; 79 Del. Laws, c. 275, § 66.;

Repealed by 77 Del. Laws, c. 227, § 50, effective Feb. 1, 2010.;

Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the department of elections shall promptly provide new ballots or, if necessary, pasters. If the new ballots or pasters are received by the department too late to put them in the voting machines prior to the preparation, sealing and inspection of the machines, then the department shall deliver the necessary number of pasters to the inspectors of the appropriate election districts, who shall see to it that the pasters are placed and maintained on the voting machines and certificates of election.

19 Del. Laws, c. 37, § 9; 27 Del. Laws, c. 65, § 9; Code 1915, § 1726; Code 1935, § 1815; 15 Del. C. 1953, § 4506; 58 Del. Laws, c. 148, § 47; 61 Del. Laws, c. 480, § 12.;

Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the Department shall promptly provide new ballots or, if necessary, pasters. If the new ballots or pasters are received by the Department too late to put them in the voting machines prior to the preparation, sealing and inspection of the machines, then the department shall deliver the necessary number of pasters to the inspectors of the appropriate election districts, who shall see to it that the pasters are placed and maintained on the voting machines and certificates of election.

19 Del. Laws, c. 37, § 9; 27 Del. Laws, c. 65, § 9; Code 1915, § 1726; Code 1935, § 1815; 15 Del. C. 1953, § 4506; 58 Del. Laws, c. 148, § 47; 61 Del. Laws, c. 480, § 12; 79 Del. Laws, c. 275, § 67.;

The departments of elections shall furnish 2 copies of write-in vote tally sheets for each election district.

21 Del. Laws, c. 38, § 5; Code 1915, § 1744; Code 1935, § 1833; 15 Del. C. 1953, § 4511; 49 Del. Laws, c. 294, § 9; 58 Del. Laws, c. 148, § 49; 77 Del. Laws, c. 227, § 51.;

The Department shall furnish 2 copies of write-in vote tally sheets for each election district.

21 Del. Laws, c. 38, § 5; Code 1915, § 1744; Code 1935, § 1833; 15 Del. C. 1953, § 4511; 49 Del. Laws, c. 294, § 9; 58 Del. Laws, c. 148, § 49; 77 Del. Laws, c. 227, § 51; 79 Del. Laws, c. 275, § 67.;

Repealed by 77 Del. Laws, c. 227, § 52, effective Feb. 1, 2010.;

The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the number of votes cast for each candidate on each voting machine.

21 Del. Laws, c. 38, § 6; Code 1915, § 1745; Code 1935, § 1834; 44 Del. Laws, c. 119, § 5; 15 Del. C. 1953, § 4514; 52 Del. Laws, c. 221, § 4; 57 Del. Laws, c. 567, § 39; 58 Del. Laws, c. 148, § 50; 59 Del. Laws, c. 54, § 2; 69 Del. Laws, c. 391, § 1; 70 Del. Laws, c. 506, § 5; 77 Del. Laws, c. 227, § 53.;

Each department of elections shall furnish the necessary materials, voter information, and supplies necessary to conduct the election to each election district. This shall include a map of the representative district in which the election district is located of sufficient size to clearly show the boundaries of the election districts.

19 Del. Laws, c. 37, § 32; 21 Del. Laws, c. 38, § 3; 26 Del. Laws, c. 48, § 1; 27 Del. Laws, c. 65, § 29; Code 1915, §§ 1735, 1742; Code 1935, §§ 1824, 1831; 44 Del. Laws, c. 120, § 1; 44 Del. Laws, c. 123, § 1; 45 Del. Laws, c. 148, § 31; 45 Del. Laws, c. 149, § 31; 45 Del. Laws, c. 154, §§ 5, 7; 15 Del. C. 1953, § 4515; 49 Del. Laws, c. 294, § 11; 50 Del. Laws, c. 175, § 1; 58 Del. Laws, c. 148, §§ 51-54; 60 Del. Laws, c. 414, § 10; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 54.;

The Department shall furnish the necessary materials, voter information, and supplies necessary to conduct the election to each election district. This shall include a map of the representative district in which the election district is located of sufficient size to clearly show the boundaries of the election districts.

19 Del. Laws, c. 37, § 32; 21 Del. Laws, c. 38, § 3; 26 Del. Laws, c. 48, § 1; 27 Del. Laws, c. 65, § 29; Code 1915, §§ 1735, 1742; Code 1935, §§ 1824, 1831; 44 Del. Laws, c. 120, § 1; 44 Del. Laws, c. 123, § 1; 45 Del. Laws, c. 148, § 31; 45 Del. Laws, c. 149, § 31; 45 Del. Laws, c. 154, §§ 5, 7; 15 Del. C. 1953, § 4515; 49 Del. Laws, c. 294, § 11; 50 Del. Laws, c. 175, § 1; 58 Del. Laws, c. 148, §§ 51-54; 60 Del. Laws, c. 414, § 10; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 54; 79 Del. Laws, c. 275, § 68.;

Repealed by 77 Del. Laws, c. 227, § 55, effective Feb. 1, 2010.;

(a) Each department shall designate and procure for each election district in its county a polling place.

(b) The departments of elections shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places at least 350 square feet in size or apartment buildings or complexes consisting of 50 or more units or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the board of elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the department of elections designate a private residence as a polling place. If a department of election is uncertain of the accessibility of a proposed or existing polling place, or receives written notice of a deficiency from the State Council for Persons with Disabilities or a registered voter, it shall request a site assessment from the Architectural Accessibility Board and defer to the findings of the Board. No department shall issue more than 5 such requests on an annual basis without the consent of the Board.

(c) The same public building may be designated as housing the polling place for 1, 2, or 3 election districts, in the discretion of the departments, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access and, if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other.

(e) Whenever the department has designated as polling places facilities owned or leased by:

(1) Agencies or subdivisions of this State; or

(2) Recipients of state funding in excess of $10,000 in the 2 years preceding such designation,

it shall be the duty of the officials of such agencies or subdivisions or said recipients of state funding to make these facilities available and to provide a suitable and acceptable location, heat, lighting and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision or said recipient of state funding.

(f) The department of elections shall publish in a newspaper of general circulation, either as an advertisement or as a separate insert, a listing of all polling places by district, at least once during the week preceding the election.

(g) The department of elections may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State contracting with said entity for the purposes of using its facility as a polling place to conduct elections. Furthermore, the State shall purchase insurance against claims of damage to protect against such claims and indemnify the U.S. Government.

19 Del. Laws, c. 39, § 3; 19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, §§ 1672, 1738; 37 Del. Laws, c. 125; Code 1935, §§ 1759, 1827; 42 Del. Laws, c. 115, § 10; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 44 Del. Laws, c. 122, § 1; 45 Del. Laws, c. 148, § 25; 45 Del. Laws, c. 149, § 25; 15 Del. C. 1953, § 4518; 57 Del. Laws, c. 181, § 47; 57 Del. Laws, c. 567, § 39A; 58 Del. Laws, c. 148, §§ 55-58; 58 Del. Laws, c. 215, § 21; 58 Del. Laws, c. 398, § 2; 61 Del. Laws, c. 480, § 13; 63 Del. Laws, c. 26, § 1; 73 Del. Laws, c. 306, § 1; 77 Del. Laws, c. 227, § 56; 77 Del. Laws, c. 446, § 1; 78 Del. Laws, c. 297, § 1.;

(a) The Department shall designate and procure for each election district in its county a polling place.

(b) The Department shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places at least 350 square feet in size or apartment buildings or complexes consisting of 50 or more units or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the State Board of Elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the Department designate a private residence as a polling place. If the Department is uncertain of the accessibility of a proposed or existing polling place, or receives written notice of a deficiency from the State Council for Persons with Disabilities or a registered voter, it shall request a site assessment from the Architectural Accessibility Board and defer to the findings of the Board. The Department shall not issue more than 5 such requests on an annual basis without the consent of the Board.

(c) The same public building may be designated as housing the polling place for 1, 2, or 3 election districts, in the discretion of the Department, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access and, if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other.

(e) Whenever the Department has designated as polling places facilities owned or leased by:

(1) Agencies or subdivisions of this State; or

(2) Recipients of state funding in excess of $10,000 in the 2 years preceding such designation,

it shall be the duty of the officials of such agencies or subdivisions or said recipients of state funding to make these facilities available and to provide a suitable and acceptable location, heat, lighting and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision or said recipient of state funding.

(f) The Department shall publish in a newspaper of general circulation, either as an advertisement or as a separate insert, a listing of all polling places by district, at least once during the week preceding the election.

(g) The Department may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State contracting with said entity for the purposes of using its facility as a polling place to conduct elections. Furthermore, the State shall purchase insurance against claims of damage to protect against such claims and indemnify the U.S. Government.

19 Del. Laws, c. 39, § 3; 19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, §§ 1672, 1738; 37 Del. Laws, c. 125; Code 1935, §§ 1759, 1827; 42 Del. Laws, c. 115, § 10; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 44 Del. Laws, c. 122, § 1; 45 Del. Laws, c. 148, § 25; 45 Del. Laws, c. 149, § 25; 15 Del. C. 1953, § 4518; 57 Del. Laws, c. 181, § 47; 57 Del. Laws, c. 567, § 39A; 58 Del. Laws, c. 148, §§ 55-58; 58 Del. Laws, c. 215, § 21; 58 Del. Laws, c. 398, § 2; 61 Del. Laws, c. 480, § 13; 63 Del. Laws, c. 26, § 1; 73 Del. Laws, c. 306, § 1; 77 Del. Laws, c. 227, § 56; 77 Del. Laws, c. 446, § 1; 78 Del. Laws, c. 297, § 1; 79 Del. Laws, c. 275, § 69.;

If at any time it becomes impracticable to hold an election in the public building designated by a department for any election district or districts, such department may designate another public building as near as can be conveniently obtained to the place previously selected. In such event, sufficient public notice thereof shall be given by suitable news media.

19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, § 1738; 37 Del. Laws, c. 125; Code 1935, § 1827; 44 Del. Laws, c. 122, § 1; 15 Del. C. 1953, § 4519; 57 Del. Laws, c. 181, § 48; 58 Del. Laws, c. 215, § 22.;

If at any time it becomes impracticable to hold an election in the public building designated by the Department for any election district or districts, the Department may designate another public building as near as can be conveniently obtained to the place previously selected. In such event, sufficient public notice thereof shall be given by suitable news media.

19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, § 1738; 37 Del. Laws, c. 125; Code 1935, § 1827; 44 Del. Laws, c. 122, § 1; 15 Del. C. 1953, § 4519; 57 Del. Laws, c. 181, § 48; 58 Del. Laws, c. 215, § 22; 79 Del. Laws, c. 275, § 70.;

Except where otherwise provided by statute, all necessary costs and expenses incurred in carrying into effect Part IV of this title shall be paid by the State.

27 Del. Laws, c. 65, § 34; Code 1915, §§ 1675, 1815; 38 Del. Laws, c. 88, § 1; Code 1935, §§ 1762, 1766, 1904; 42 Del. Laws, c. 115, § 11; 45 Del. Laws, c. 147, § 14; 45 Del. Laws, c. 148, §§ 28, 31, 32; 45 Del. Laws, c. 149, §§ 28, 31, 32; 15 Del. C. 1953, § 4520; 51 Del. Laws, c. 149, § 4; 77 Del. Laws, c. 227, § 57.;

The departments of elections following an election conducted under this title shall ascertain the amount due to each election officer for that election officer's service and promptly pay them. The departments may combine the pay for a primary and a general election. Election officers shall be paid no later than December 15 in the year of a general election.

19 Del. Laws, c. 39, § 28; Code 1915, § 1675; Code 1935, §§ 1762, 1766; 42 Del. Laws, c. 115, § 11; 45 Del. Laws, c. 147, § 14; 45 Del. Laws, c. 148, §§ 28, 32; 45 Del. Laws, c. 149, §§ 28, 32; 15 Del. C. 1953, § 4521; 51 Del. Laws, c. 149, § 5; 58 Del. Laws, c. 148, § 59; 75 Del. Laws, c. 232, § 44.;

The Department following an election conducted under this title shall ascertain the amount due to each election officer for that election officer's service and promptly pay them. The Department may combine the pay for a primary and a general election. Election officers shall be paid no later than December 15 in the year of a general election.

19 Del. Laws, c. 39, § 28; Code 1915, § 1675; Code 1935, §§ 1762, 1766; 42 Del. Laws, c. 115, § 11; 45 Del. Laws, c. 147, § 14; 45 Del. Laws, c. 148, §§ 28, 32; 45 Del. Laws, c. 149, §§ 28, 32; 15 Del. C. 1953, § 4521; 51 Del. Laws, c. 149, § 5; 58 Del. Laws, c. 148, § 59; 75 Del. Laws, c. 232, § 44; 79 Del. Laws, c. 275, § 71.;

(a) Every individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, company, or otherwise that makes an automated telephone call, which includes without limitation a pre-recorded or automated voice message and is commonly referred to as a "robo call", in support of and/or against a candidate for public office and/or a political party shall fully disclose, at the start of such call and before any message is delivered:

(1) The full, legal name of the individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise on whose behalf such individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise is placing the automated call;

(2) The individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise that has paid for the automated telephone call; and

(3) When paragraphs (a)(1) and/or (a)(2) of this section are other than an individual, disclosure of the name of the president (or other chief officer and treasurer) of the entity listed in paragraphs (a)(1) and/or (a)(2) of this section shall also be made.

(b) An automated call, as described in subsection (a) of this section, shall be received no earlier than 8 a.m. nor later then 9 p.m., as such time is determined in the State.

(c) Failure to make the disclosures mandated by subsection (a) of this section or to comply with the restrictions set forth in subsection (b) of this section shall result in a civil fine of $25 per incident, as determined by each household in the State that was called and the caller failed to make the necessary disclosures in subsection (a) of this section or a call was received in violation of the restrictions set forth in subsection (b) of this section.

77 Del. Laws, c. 280, § 1.;