An election conducted under this title must use an electronic voting system and must comply with the requirements under this chapter.

82 Del. Laws, c. 170, § 3485 Del Laws, c 313, 2, effective June 24, 2026; 

(a) An electronic voting system adopted, purchased, or used must meet all of the following:

(1) Each voting device that is part of the electronic voting system must comply with all of the following:

a. Have a serial number permanently attached to or stamped on the device.

b. Secure secrecy to the voter during the act of voting, including the requirements under subsection (b) of this section.

c. Allow ballots to contain all of the following:

1. As many ballot questions as may be included in an election conducted in this State.

2. Candidates from as many parties that may be included in an election under this title.

d. Allow the voter to cast votes as follows:

1. For the candidates of any party on the ballot.

2. For candidates on the ballot who are not affiliated with a party.

3. By writing in the name of a declared write-in candidate.

4. By writing in the name of the voter’s choice for any office.

5. For or against each ballot question on the ballot.

e. Permit the voter to vote for as many candidates for an office for which the voter is lawfully entitled to vote. The automatic tabulating equipment used in the electronic voting system must prevent the voter from casting votes on a ballot card or voting device if the number of choices for that office exceeds the number for which the voter is entitled to vote.

f. Prevent the voter from voting for the same candidate more than once for the same office.

g. Permit the voter to vote for or against any ballot question the voter may have the right to vote upon, but no other.

h. 1. Prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch, or other action.

2. Notwithstanding paragraph (a)(1)h.1. of this section, the voting device must provide a method, for each party, that allows for voting for all presidential electors of that party by 1 mark, punch, or other action.

(2) a. Permit each voter in a primary election to vote for only the candidates of the party designated in that individual’s voter registration record.

b. Prevent a voter in a primary election from voting for any candidate seeking nomination by any other political party.

(3) Correctly record and accurately count all votes cast as follows:

a. For each candidate on the ballot.

b. For each declared write-in candidate.

c. That are not for a candidate on the ballot or for a declared write-in candidate.

d. For or against each ballot question.

(4) Allow each voting device to be sealed in a manner that prevents the use of the voting device and prevents tampering with ballot labels as follows:

a. Before and after the polls are open.

b. Before the operation of the voting device for an election begins.

c. Immediately after the polls are closed or after the operation of the voting device for an election is completed.

(5) Prevent the voter from voting for the same person more than once for the same office.

(6) Permit the voter to vote for or against any question the voter may have the right to vote upon, but no other.

(7) Permit each voter in primary elections to vote only for the candidates of the party with which the voter has declared that voter’s own affiliation, and preclude the voter from voting for any candidate seeking nomination by any other political party.

(8) Correctly record and accurately count all votes cast for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by votes.

(9) Be provided with means for sealing the vote recording devices to prevent its use and to prevent tampering with ballot labels, both before and after the polls are open or before the operation of the vote recording device for any election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed.

(10), (11) [Repealed.]

(b) All voting devices used in an election must have features that prevent another individual from seeing the votes cast by the voter, except as necessary to allow an individual to assist a voter under § 4943 of this title.

(c) At the time of purchase and before delivery to and acceptance by this State, a voting system must be 1 or more of the following:

(1) Certified by the United States Election Assistance Commission (EAC), or designated federal authority, as meeting or exceeding the voluntary voting systems guidelines promulgated by the EAC.

(2) Certified by the EAC, or designated federal authority, as meeting or exceeding the EAC’s voluntary voting system guidelines version 2.0.

(3) Substantially equivalent to voting devices already in use in this State that were acquired in compliance with paragraphs (c)(1) or (c)(2) of this section.

(d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.

82 Del. Laws, c. 170, § 3585 Del Laws, c 313, 2, effective June 24, 2026; 

Before an electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing that voting system must provide the Commissioner an adequate written guarantee and post a bond accompanied by satisfactory surety guaranteeing and securing all of the following:

(1) That the voting system, including the voting devices, comply fully with all of the requirements under § 5002 of this title.

(2) The voting device against defects in labor and materials for a period equal to either of the following:

a. Five years from the date the Department receives the voting devices.

b. For a rented voting device, for the period of rental.

85 Del. Laws, c. 313, § 2, effective June 24, 2026; 

85 Del. Laws, c. 313, § 2, effective June 24, 2026; 

(a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters assigned to that polling place, or majority fraction thereof.

(b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device for every 800 registered voters assigned to that polling place, or majority fraction thereof.

82 Del. Laws, c. 170, § 3685 Del Laws, c 313, 2, effective June 24, 2026;