TITLE 15

Elections

General Elections

CHAPTER 49. Conduct of Election

Subchapter I. Procedure Prior to Opening Polls

§ 4901. Notice of election.

Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.

21 Del. Laws, c. 38, §  8;  Code 1915, §  1747;  Code 1935, §  1836;  45 Del. Laws, c. 154, §  8;  15 Del. C. 1953, §  4901;  58 Del. Laws, c. 215, §  34

§ 4902. Absence of election officer on election day; notice to Department.

If on the day of holding an election any election officer authorized by law to serve at the election in any election district is absent from the place of election at 7:00 a.m., the inspector, if present, or, in the absence of the inspector, then any judge who may be present, shall immediately notify the Department office in that inspector’s or judge’s county of the absence.

21 Del. Laws, c. 38, §  9;  Code 1915, §  1748;  Code 1935, §  1837;  45 Del. Laws, c. 154, §  9;  15 Del. C. 1953, §  4902;  58 Del. Laws, c. 148, §§  74, 7570 Del. Laws, c. 186, §  179 Del. Laws, c. 275, §  7482 Del. Laws, c. 170, § 21

§ 4903. Reading of election law provisions to election officers.

Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled election officers.

19 Del. Laws, c. 37, §  2527 Del. Laws, c. 65, §§  22, 32;  Code 1915, §§  1761, 1763;  Code 1935, §§  1850, 1852;  15 Del. C. 1953, §  4903;  75 Del. Laws, c. 232, §  51

§ 4904. Oath at polling place before opening an election.

Before opening the election, the inspector, judges, clerks and any other appointed election officers shall subscribe to the following oath:

“I do solemnly swear (or affirm) that in the election to be held on the ________________ day of ________________________________ A. D. ________________ I will not knowingly or willfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such election, or any other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conduct of the election, I shall disclose the same to the Department of Elections that is conducting the election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”

21 Del. Laws, c. 38, §§  7, 12;  Code 1915, §§  1746, 1751;  Code 1935, §§  1835, 1840;  15 Del. C. 1953, §  4904;  75 Del. Laws, c. 232, §  5284 Del. Laws, c. 233, § 31

§§ 4905-4908. Meaning and scope of inspector’s or judge’s oath; oath of clerk of elections on election day; meaning and scope of clerk’s oath; reading of sections declaring meaning and scope of oaths.

Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.


§ 4909. Administering and signing the oath.

(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election officers appointed in the election district. A judge shall then administer the oath to the inspector.

(b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the oath to any election officer who was not present when the oath was administered to the other election officers. The election officer shall then sign the oath of office.

21 Del. Laws, c. 38, §  12;  Code 1915, §  1751;  Code 1935, §  1840;  15 Del. C. 1953, §  4909;  70 Del. Laws, c. 186, §  175 Del. Laws, c. 232, §  54

§ 4910. Instruction sheets; sample ballots.

(a) The State Election Commissioner, in collaboration with the Department offices, shall design a poster or posters that is uniform throughout the State. The poster or posters must be publicly displayed in each polling place on the day of the election. The poster or posters must contain all of the following information:

(1) Information stating the date and hours during which the polling place will be open.

(2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.

(3) A statement on the importance of verifying that the markings on the voting device-printed paper ballot reflect the voter’s intended choices, and instructions on what steps to take if the paper ballot does not reflect the voter’s actual choices.

(4) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [52 U.S.C. § 21083(b)].

(5) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.

(6) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.

(b) The Department shall also provide for each election district 2 sample ballots applicable to such election district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies to the proper election officers throughout the county.

(c) The Department shall deliver sample ballots free of change for each unique ballot in the county to the county chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the election.

(1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more.

(2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor parties may receive up to 15 sample ballots without charge.

(3) The Department shall establish the cost for additional sample ballots beyond the number specified in paragraphs (c)(1) and (2) of this section above.

(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the Department shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any political party in any county. However, the Department shall not have printed any sample ballots upon the order or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered.

19 Del. Laws, c. 37, §  1627 Del. Laws, c. 65, §  14;  Code 1915, §  1736;  Code 1935, §  1825;  45 Del. Laws, c. 154, §  6;  15 Del. C. 1953, §  4910;  49 Del. Laws, c. 294, §  1354 Del. Laws, c. 69, §  158 Del. Laws, c. 148, §  7670 Del. Laws, c. 186, §  170 Del. Laws, c. 506, §  674 Del. Laws, c. 168, §  675 Del. Laws, c. 232, §§  55-5777 Del. Laws, c. 227, §  279 Del. Laws, c. 275, §  7582 Del. Laws, c. 170, § 22

§ 4911. Display of flags, signs and maps at polling places.

(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall be provided by the Department.

(b) The Department shall print individual, large-size wall maps for each representative district within the State. The individual maps shall also designate the boundaries of all election districts within each representative district, with every polling place therein plainly marked on the map.

(c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said map to determine correct voting places, election districts and representative districts so long as there is no unreasonable interference with voting procedures.

Code 1935, §  1759;  42 Del. Laws, c. 116, §  143 Del. Laws, c. 124, §  144 Del. Laws, c. 112, §  145 Del. Laws, c. 148, §  2745 Del. Laws, c. 149, §  27;  15 Del. C. 1953, §§  4107, 4912;  55 Del. Laws, c. 458, §  258 Del. Laws, c. 9258 Del. Laws, c. 148, §  7861 Del. Laws, c. 480, §  867 Del. Laws, c. 354, §  2870 Del. Laws, c. 188, §  2579 Del. Laws, c. 275, §  75

§ 4912. Procedure prior to opening of polls.

(a) The election officers of each election district shall arrive at the polling place 1 hour before the time set for opening of the polls and shall prepare the polling place for the conduct of the election. The election officers shall post conspicuously within the polling place an instruction poster and 2 sample ballots.

(b) The election officers shall verify that the correct devices are in the polling place and that the serial numbers match the numbers on the certificate provided by the Department. The election officers shall report any irregularities with the devices to the Department office in the county where the voting device is located.

(c) The election officers shall observe the opening of the polls procedure for each voting device and ensure that the public counts and the card counts are zero.

19 Del. Laws, c. 37, §  1527 Del. Laws, c. 65, §  13;  Code 1915, §  1764;  Code 1935, §  1853;  15 Del. C. 1953, §  4913;  49 Del. Laws, c. 294, §  1558 Del. Laws, c. 148, §  7970 Del. Laws, c. 506, §  775 Del. Laws, c. 149, §  275 Del. Laws, c. 232, §  5877 Del. Laws, c. 227, §  5882 Del. Laws, c. 170, § 23

§ 4913. Presence of party representative to aid in qualification of election officers; presence of other persons.

(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then printed for any general or special election may at the opening of the election be present to aid in the proper qualification of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or the place where the election is held.

(b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section shall enter the room in which the voting is to take place before the opening of the polls.

21 Del. Laws, c. 38, §  16;  Code 1915, §  1755;  Code 1935, §  1844;  15 Del. C. 1953, §  4915;