TITLE 15
Elections
General Elections
CHAPTER 49. Conduct of Election
Subchapter III. Counting Votes and Post-Election Regulations
Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
(a) (1) Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast a ballot.
(2) A voter who has cast a ballot on a voting device may not cast a second ballot under any circumstances.
(3) The paper ballot reflecting the voter’s choices is the legal voted ballot of record.
(b) (1) a. Votes cast by absentee ballots must be counted as the votes are intended on the ballot.
b. The voter shall mark the voter’s selections on the absentee ballot as instructed.
(2) If the ballot scanning device is unable to determine the voter’s intent, a team of election judges reviews and adjudicates the votes on the absentee ballot. A team of election judges (election judges) may be either of the following:
a. A team of election judges under § 5510 of this title.
b. The county director and county deputy director.
(3) Election judges shall adjudicate the votes on an absentee ballot as follows:
a. Where a voter indicates the voter’s own selections in a manner that does not comply with paragraph (b)(1)b. of this section, the election judges shall attempt to determine from the marks on the ballot the candidate or response to a ballot question that the voter intended to select.
b. If it is not possible to determine a voter’s choice for an office or response to a ballot question, the ballot may not be counted for that office or ballot question but must be counted for all other offices and ballot questions where the voter’s intention can be determined.
c. A voter may only vote for 2 or more choices for any office or ballot question when specifically allowed in the instructions on the ballot.
d. When a voter may make more than 1 choice for an office or a ballot question, the voter may make fewer than the total number of choices allowed.
e. If a ballot is marked for more choices than allowed under paragraph (b)(3)c. of this section, all of the following apply:
1. The votes for that office or ballot question are not counted.
2. The votes for all other offices or ballot questions on the ballot must be counted or adjudicated as required under this section.
f. If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for an office or a ballot question, all of the following apply:
1. The vote for that office or ballot question is not counted.
2. The votes for all other offices and ballot questions on the ballot determined must be counted or adjudicated as required under this section.
g. A misspelled, incomplete, or minor variation of the name of a declared write-in candidate for an office must be counted as a vote for that candidate if any of the following apply:
1. The name as written bears a reasonable resemblance to the declared candidate’s name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter’s intention.
2. The last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more candidates for that office with the same last name.
h. Writing in the name of a candidate for President or Vice President constitutes a valid vote for all presidential electors of that party.
(4) When adjudicating the votes on an absentee ballot under paragraph (b)(3) of this section, the election judges must try to reach a decision by consensus. If the election judges cannot reach consensus, the following steps apply:
a. If the election judges are a team under § 5110 of this title, the election judges must confer with the county director and county deputy director, who shall attempt to help the election judges reach a consensus decision.
b. If the election judges are a team under paragraph (b)(2)b. of this section or the election judges do not reach a consensus decision after the discussion under paragraph (b)(4)a. of this section, the county director and county deputy director must confer with the Commissioner and the Commissioner makes the final determination.
21 Del. Laws, c. 38, § 21; 27 Del. Laws, c. 65, § 24; 27 Del. Laws, c. 65, § 23; Code 1915, §§ 1769, 1770; 40 Del. Laws, c. 143, § 1; Code 1935, §§ 1858, 1859; 44 Del. Laws, c. 122, § 2; 15 Del. C. 1953, § 4974; 58 Del. Laws, c. 148, §§ 92, 93; 61 Del. Laws, c. 480, § 15; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 168, § 8; 76 Del. Laws, c. 315, § 2; 82 Del. Laws, c. 170, § 25; 85 Del. Laws, c. 313, § 3;Repealed by 77 Del. Laws, c. 227, § 62, effective Feb. 1, 2010.
(a) (1) After the polls have closed and the last voter has finished voting and exited the polling place, the inspector shall close and secure each voting device as instructed and complete the required documentation.
(2) After the polls have closed, the election officers shall produce a report of the write-in votes.
(b) After the polls have closed, the election officers shall remove the ballot container and the media containing the election results from each voting device and deliver them to the Department as instructed.
(c)-(e) [Repealed.]
21 Del. Laws, c. 38, § 22; Code 1915, § 1776; Code 1935, § 1865; 15 Del. C. 1953, § 4977; 49 Del. Laws, c. 294, § 19; 58 Del. Laws, c. 148, § 94; 70 Del. Laws, c. 506, § 9; 77 Del. Laws, c. 227, §§ 2, 63; 82 Del. Laws, c. 170, § 26;Any candidate and any duly accredited challenger may be admitted to the voting room after the closing of the polls to observe the counting and tabulation of votes. Such persons shall be afforded the full opportunity to examine the ballot, results tapes from each voting machine, voting machine certificates and the tally sheets.
21 Del. Laws, c. 38, § 29; Code 1915, § 1783; 34 Del. Laws, c. 111, § 3; Code 1935, § 1872; 45 Del. Laws, c. 154, § 13; 46 Del. Laws, c. 153, § 2; 15 Del. C. 1953, § 4979; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 172, § 7; 55 Del. Laws, c. 92, § 3; 57 Del. Laws, c. 567, §§ 44, 45; 58 Del. Laws, c. 148, § 96; 70 Del. Laws, c. 506, § 14; 75 Del. Laws, c. 232, § 62;(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary’s custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction.
(b) After the board of canvass has completed its canvass of the vote, the prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected for the purpose of conducting an audit under Chapter 50 of this title or by any duly authorized member or agent of the General Assembly or the Attorney General.
15 Del. C. 1953, § 4982; 58 Del. Laws, c. 148, § 99; 60 Del. Laws, c. 403, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 18; 75 Del. Laws, c. 232, §§ 63, 64; 82 Del. Laws, c. 170, § 30; 85 Del. Laws, c. 313, § 9;(a) Immediately following an election, the Department shall upload all updated voter history from the electronic poll books to the State’s voter registration system.
(b) [Repealed.]
15 Del. C. 1953, § 4983; 58 Del. Laws, c. 148, § 100; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 505, § 6; 77 Del. Laws, c. 227, § 2; 82 Del. Laws, c. 170, § 31;