82 Del. Laws, c. 170, § 34Transferred to § 5001 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

82 Del. Laws, c. 170, § 35Transferred to § 5002 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

Transferred to § 5003 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

Transferred to § 5005 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

82 Del. Laws, c. 170, § 36Transferred to § 5006 of this title by 85 Del. Laws, c. 313, § 2, effective June 24, 2026.

(a) [Repealed.]

(b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or other designation for each political party represented on the device must appear on the ballot.

(2) The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the voting device as the number of candidates to be elected to that office.

(3) Except as otherwise provided under this chapter, the names of all candidates nominated by a party for an office must always appear in the row or column containing generally the names of candidates nominated by the party for other offices.

(c) Official ballots for voting devices shall be prepared and furnished by the Department in the same manner as provided by law.

(d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically generated and displayed or which has the capability to generate and display multiple ballots.

63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §§  8-11;  74 Del. Laws, c. 168, §  13;  77 Del. Laws, c. 227, §  68;  79 Del. Laws, c. 275, §  83;  82 Del. Laws, c. 170, § 37; 

63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §  12;  77 Del. Laws, c. 227, §  69;  repealed by 82 Del. Laws, c. 170, § 38, effective July 30, 2019.; 

63 Del. Laws, c. 409, §  1;  repealed by 82 Del. Laws, c. 170, § 39, effective July 30, 2019.; 

(a) (1) The Department shall cause sufficient voting devices to be delivered to the proper polling places before the time appointed for the election officers to report for duty.

(2) The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election:

a. Confirming that the most recent federally-approved software is installed.

b. Checking accuracy by doing the following:

1. Simulating voting by entering sample votes on the voting device.

2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically

(b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate 1 representative to be present during the inspection.

(c) The Department shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the voting devices, to do all of the following:

(1) Certify the numbers on the voting devices and the election districts for which they are designated.

(2) Certify that all voting devices are in proper working condition.

(3) Certify that the voting devices are properly sealed.

(d) [Repealed.]

(e) The Department shall test all voting systems to ascertain that the voting systems will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test of both the voting device system and the absentee ballot system must be published and a test must be conducted within 10 days before the election.

(f) The certification required by this section is a public record and must be available at the Department.

(g) The Department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall ensure the voting devices’ safety and protection.

63 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 154, §§  13-17;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 170, § 40; 

Repealed by 70 Del. Laws, c. 154, § 18, effective July 7, 1995.

If during the conduct of an election a voting device becomes inoperative, the election officers shall seal it in such manner as to prevent further voting thereon. The Department shall maintain and hold in readiness a reasonable number of extra voting devices to be supplied to election districts where a voting device has become inoperative, and the Department shall take reasonable steps to ensure rapid delivery in such event.

63 Del. Laws, c. 409, §  1;  82 Del. Laws, c. 170, § 41; 

63 Del. Laws, c. 409, §  1;  repealed by 82 Del. Laws, c. 170, § 42, effective July 30, 2019.; 

(a) For purposes of this section, “audit” means counting by hand the votes on each paper ballot from a voting device and comparing the paper ballot totals to the totals kept by the voting device electronically.

(b) Within 48 hours of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall audit the results of 1 randomly selected voting device in each county and 1 randomly selected election district in the City of Wilmington.

(c) Within 60 days of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall conduct an audit of all such elections, as follows:

(1) The Department shall audit all results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington. An election district selected for audit under this paragraph (c)(1) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(2) of this section.

(2) The Department shall audit the results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington in 1 randomly selected statewide race. An election district selected for audit under this paragraph (c)(2) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(1) of this section.

(d) The Department shall conduct an audit under this section in public.

(e) Within 60 days of an audit under this section, the Department shall do all of the following:

(1) Publish a report containing the results of the audit conducted under this section.

(2) Post the report on the Department’s website.

(f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a discrepancy, including all of the following:

(1) The thresholds that trigger the Department or others to take a specific action.

(2) The specific actions to be taken by the Department or others once a threshold is triggered.

(3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.

82 Del. Laws, c. 170, § 43;