Delaware Code Online

§ 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.

Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of the same, shall be fined not more than $200 or imprisoned not more than 2 years, or both.

45 Del. Laws, c. 144, § 8; 45 Del. Laws, c. 148, § 8; 45 Del. Laws, c. 149, § 8; 15 Del. C. 1953, § 5111; 79 Del. Laws, c. 275, § 85;

§ 5112. Refusal of inspector or judge of election to serve; penalty.

Whoever, having been appointed an inspector or judge of election in any election district, refuses to serve shall be fined $50.

21 Del. Laws, c. 38, § 11; Code 1915, § 1750; Code 1935, § 1839; 15 Del. C. 1953, § 5112;

§ 5113. Refusal of clerk of election to qualify or serve; penalty.

Whoever, having been appointed a clerk of election, refuses to qualify or having qualified fails or refuses to perform any of the duties of the clerk of election’s office shall be fined not less than $50 nor more than $100.

Code 1915, § 1677A; 28 Del. Laws, c. 92; 37 Del. Laws, c. 120; Code 1935, § 1765; 42 Del. Laws, c. 115, § 13; 45 Del. Laws, c. 148, § 29; 45 Del. Laws, c. 149, § 29; 15 Del. C. 1953, § 5113; 70 Del. Laws, c. 186, § 1;

§ 5114. Improper conduct of printer of ballots and ballot envelopes; penalty.

If the printer of the ballot or envelope or any person employed in printing the same:

(1) Knowingly gives or delivers or knowingly permits to be taken any ballots or envelopes by any person other than the department of elections for whom such ballots and envelopes are being printed; or

(2) Prints or causes or permits to be printed any ballot or envelope in any other form than the one prescribed by this title or with any other names thereon than those authorized by the department of elections or with the names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the department of elections,

he or she shall be fined not less than $100 nor more than $500 or imprisoned not less than 1 nor more than 5 years, or both.

19 Del. Laws, c. 37, § 10; 27 Del. Laws, c. 65; Code 1915, § 1727; Code 1935, § 1816; 15 Del. C. 1953, § 5115; 58 Del. Laws, c. 148, § 119; 70 Del. Laws, c. 186, § 1;

§ 5115. Improper use of ballot or envelope; penalty.

Whoever:

(1) Forges or falsely makes the official endorsement of any ballot or envelope; or

(2) Prints or causes to be printed any imitation ballot or envelope or circulates the same; or

(3) Conspires with other persons or induces or attempts to induce any other person to do any of such acts, whether or not any of such acts are committed or attempted to be committed,

shall be fined not less than $100 nor more than $500 or may be imprisoned not more than 5 years.

19 Del. Laws, c. 37, § 30; 27 Del. Laws, c. 65, § 27; Code 1915, § 1734; Code 1935, § 1823; 15 Del. C. 1953, § 5116;

§ 5116. Tampering with voting machines; penalties.

Whoever before the opening of the election registers any vote on a voting machine or at any time tampers with, disarranges, defaces, impairs in any manner or destroys a voting machine or any part thereof, including the ballots on its face, shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.

19 Del. Laws, c. 37, § 13; 27 Del. Laws, c. 65, § 11; Code 1915, § 1730; Code 1935, § 1819; 15 Del. C. 1953, § 5117; 49 Del. Laws, c. 18, § 2; 58 Del. Laws, c. 148, § 120;

§ 5117. Unauthorized entering of voting room; penalties.

(a) Whoever does not meet the qualifications of § 4933 of this title, and enters the voting room on the day of election other than to vote, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 30 days nor more than 2 years, or both.

(b) Whoever enters the voting room on the day of election for the purpose of disrupting the election shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 1 year nor more than 5 years.

21 Del. Laws, c. 38, § 15; Code 1915, § 1754; Code 1935, § 1843; 15 Del. C. 1953, § 5118; 57 Del. Laws, c. 181, § 71;

§ 5118. Interference with election; penalties.

(a) Whoever:

(1) Enters or attempts to enter the voting room before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of closing the election for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose; or

(2) Attempts to molest, disturb or prevent the election officers from proceeding regularly with any general or special election; or

(3) Takes charge or attempts to take charge of any voting room or place where the election is held within the time mentioned in this subsection for the purpose of preventing or delaying an election or for any other purpose on election day;

shall be fined not less than $500 nor more than $1,000, and imprisoned not more than 3 years.

(b) Whoever, not in this title authorized so to do, enters or attempts to enter the election room or within the railing leading to the entrance of the election room, or remains within 30 feet of the polling place, contrary to this title, shall be fined not more than $200.

(c) Whoever resists a challenger appointed pursuant to §§ 3164 and 4934 of this title or a special officer appointed pursuant to § 4935 [repealed] of this title shall be fined not more than $100 or imprisoned not more than 1 year.

19 Del. Laws, c. 37, §§ 2, 17, 33; 19 Del. Laws, c. 39, § 14; 20 Del. Laws, c. 396, §§ 3, 6; 21 Del. Laws, c. 38, § 16; 26 Del. Laws, c. 49; 27 Del. Laws, c. 65, §§ 2, 15, 30; Code 1915, §§ 1740, 1741, 1755, 1757; Code 1935, §§ 1829, 1830, 1844, 1846; 15 Del. C. 1953, § 5119; 58 Del. Laws, c. 148, § 121;

§ 5119. Feigning a physical disability to obtain assistance in voting; penalty.

(a) Whoever, being an elector, feigns a physical defect or disability in order to be permitted to bring into the election room or voting booth another person, shall be fined $100 and shall be imprisoned not more than 2 years.

(b) Whoever, being an elector selected to assist any person by reason of such person’s physical defects, reveals how such elector has voted or what persons were voted for by such elector on any ballot or gives any information concerning the appearance of any ballot voted, shall be fined $100 and imprisoned not less than 1 nor more than 3 years.

20 Del. Laws, c. 396, § 1; 27 Del. Laws, c. 65, § 20; Code 1915, § 1739; Code 1935, § 1828; 15 Del. C. 1953, § 5121; 70 Del. Laws, c. 186, § 1;

§ 5120. Secreting person in election room; penalty.

Whoever, other than the election officers, secretes or attempts to secrete himself or herself in any part of the polling room during the hours of the election for any purpose whatsoever, shall be fined not less than $100 and may be imprisoned not more than 1 year.

20 Del. Laws, c. 396, § 12; Code 1915, § 1758; Code 1935, § 1847; 15 Del. C. 1953, § 5122; 70 Del. Laws, c. 186, § 1;

§ 5121. Removal or destruction of election supplies or equipment or voting machines; penalty.

(a) Whoever, during the general election:

(1) Removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling the voter to prepare that voter’s ballot; or

(2) Removes, tears down or defaces the cards printed for the instruction of the voters; or

(3) Destroys or removes any booth, railing or other conveniences provided for such election; or

(4) Tampers with, disarranges, defaces or impairs in any manner the use of or destroys any voting machine or the ballots on the face of a voting machine;

shall be imprisoned not less than 6 months nor more than 1 year.

(b) Whoever induces or attempts to induce any person to commit any of the acts described in subsection (a) of this section, whether or not any such acts are committed or attempted to be committed shall be imprisoned not less than 6 months nor more than 1 year.

19 Del. Laws, c. 37, § 36; 27 Del. Laws, c. 65, § 33; Code 1915, § 1759; Code 1935, § 1848; 15 Del. C. 1953, § 5123; 49 Del. Laws, c. 18, § 4; 70 Del. Laws, c. 186, § 1;

§ 5122. Disclosures by election officers; penalty.

Whoever, being an election officer:

(1) Reveals to any person how any elector has voted or what persons were voted for by any elector on any ballot; or

(2) Gives any information concerning the appearance of any ballot voted or envelope used;

shall be fined not more than $500 and imprisoned not less than 2 nor more than 5 years.

20 Del. Laws, c. 396, § 11; 27 Del. Laws, c. 396, § 11; Code 1915, § 1760; Code 1935, § 1849; 15 Del. C. 1953, § 5124; 70 Del. Laws, c. 186, § 1;

§ 5123. Intimidation, persuasion or bribery by election officer; penalty.

Whoever, being an election officer:

(1) In any manner attempts to influence, persuade, intimidate, bribe or coerce any voter in the marking of the voter’s ballot, or in the making of the choice of the persons for whom the voter votes; or

(2) Discloses the manner in which any person has voted;

shall be deemed to have knowingly and wilfully violated the election officer’s own official duty, shall be guilty of wilful and deliberate perjury, and, in addition to the penalties and disabilities annexed to such crime, be fined not more than $500 and may be imprisoned not more than 2 years.

19 Del. Laws, c. 37, § 25; 27 Del. Laws, c. 65, § 22; Code 1915, § 1761; Code 1935, § 1850; 15 Del. C. 1953, § 5125; 70 Del. Laws, c. 186, § 1;

§ 5124. Inducing the making of distinguishing mark on ballot; penalty.

Whoever induces or attempts to induce any elector to write, paste or otherwise place on that elector’s own ballot the name of any person, or any sign or device of any kind, as a distinguishing mark by which to indicate to any other person how such elector has voted; or whoever enters into or attempts to form any agreement or conspiracy with any other person to induce or attempt to induce any elector to so place any distinguishing mark or name on that elector’s own ballot, whether or not such act be committed or attempted to be committed; shall be imprisoned not more than 2 years.

19 Del. Laws, c. 37, § 34; 27 Del. Laws, c. 65, § 31; Code 1915, § 1762; Code 1935, § 1851; 15 Del. C. 1953, § 5126; 70 Del. Laws, c. 186, § 1;

§ 5125. Inducing election officers to violate election laws; penalty.

Whoever induces or attempts to induce any election officers to violate any of the provisions of this title whether or not such election officers violate or attempt to violate any of such provisions shall be imprisoned not more than 5 years.

27 Del. Laws, c. 65, § 32; Code 1915, § 1763; Code 1935, § 1852; 15 Del. C. 1953, § 5127;

§ 5126. Violations by officials; penalty.

Whoever, being a clerk of the peace, an official, or other individual as designated in this title, wilfully violates this title in the performance of any duty imposed upon him or her for the violation of which no other punishment is provided by law, shall be fined not less than $300 nor more than $500 and may be imprisoned not more than 3 years.

20 Del. Laws, c. 396, § 13; 27 Del. Laws, c. 65, § 28; Code 1915, § 1787; Code 1935, § 1876; 15 Del. C. 1953, § 5128; 57 Del. Laws, c. 181, § 73; 70 Del. Laws, c. 186, § 1;

§ 5127. Bribery of person expecting to be election or registration officer; penalty.

Whoever bribes or attempts to bribe anyone expecting to hold any official position under the election or registration laws of this State, either as registrar, inspector, judge or otherwise, by giving money or the promise of money, office or the promise of office or position either under the state or federal government, to perform any service for any political party in this State or to favor any candidate for political office shall be fined not more than $1,000 and may be imprisoned not more than 6 months.

19 Del. Laws, c. 575; Code 1915, § 1788; Code 1935, § 1877; 15 Del. C. 1953, § 5129;

§ 5128. Fraudulent voting; penalty.

Whoever, at any general or special election:

(1) Falsely personates any elector or other person and votes or attempts or offers to vote in or upon the name of such elector or other person; or

(2) Votes or attempts to vote in or upon the name of any other person whether living or dead or in or upon any false, assumed or fictitious name; or

(3) Knowingly, wilfully or fraudulently votes more than once for any candidate at any election for the same office; or

(4) Votes or attempts or offers to vote in any election district without having a lawful right to vote therein, or to vote more than once or to vote in more than 1 election district; or

(5) Having once voted, votes or attempts or offers to vote again; or

(6) Fraudulently delivers or offers to an election officer more than a single ballot; or

(7) Knowingly, wilfully or fraudulently does any unlawful act to secure an opportunity for himself or herself or for any other person to vote,

shall be fined not less than $50 or more than $200, or imprisoned not less than 30 days or more than 2 years, or both.

Code 1852, § 312; 19 Del. Laws, c. 39, § 34; Code 1915, § 1794; Code 1935, § 1883; 15 Del. C. 1953, § 5130; 50 Del. Laws, c. 174, § 1; 70 Del. Laws, c. 186, § 1;

§ 5129. False entries by clerk of election.

Whoever, being a clerk of election or other election officer performing the duty of such clerk:

(1) Wilfully keeps a false poll list; or

(2) Knowingly inserts in that clerk of election’s or election officer’s poll list any false statement, or any name, statement, check, letter or mark, except as provided by law,

shall be deemed to have knowingly and wilfully violated that clerk of election’s or election officer’s official duty.

19 Del. Laws, c. 39, § 35; Code 1915, § 1795; Code 1935, § 1884; 15 Del. C. 1953, § 5131; 70 Del. Laws, c. 186, § 1;

§ 5130. Failure of election officer to perform duties.

Whoever, being an election officer, wilfully:

(1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or

(2) Receives a vote from any person who has been duly challenged in relation to such person’s right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law; or

(3) Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person;

shall be deemed to have violated that election officer’s own official duty.

19 Del. Laws, c. 39, § 36; Code 1915, § 1796; Code 1935, § 1885; 15 Del. C. 1953, § 5132; 70 Del. Laws, c. 186, § 1;

§ 5131. False count or certification by election officer.

Whoever, being an election officer, wilfully:

(1) Makes any false count of votes cast at any election, or makes, signs, publishes or delivers any false return of such election or any false certificate or statement of the result of such election, knowing the same to be false; or

(2) Defaces, destroys or conceals any statement or certificate entrusted to that election officer’s care or custody

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

19 Del. Laws, c. 39, § 37; Code 1915, § 1797; Code 1935, § 1886; 15 Del. C. 1953, § 5133; 70 Del. Laws, c. 186, § 1;

§ 5132. Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty.

(a) Whoever, being an election officer, at any election:

(1) Knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or

(2) Knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or

(3) Knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and the elector’s name has been found and checked upon the Election District Record; or

(4) Fraudulently before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or

(5) Removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls; or

(6) Knowingly and wilfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and checked upon the books of registered voters and who has not previously voted, or knowingly or wilfully enters or permits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not previously voted or is an election officer or member or employee of the department of elections whose entrance into the voting machine booth is required by the provisions of this title,

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in subsection (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, § 38; Code 1915, § 1798; Code 1935, § 1887; 15 Del. C. 1953, § 5134; 49 Del. Laws, c. 18, § 3; 50 Del. Laws, c. 174, § 2; 70 Del. Laws, c. 186, § 1;

§ 5133. Wilful neglect of duty by election officers.

Whoever, being an election officer of whom any duty is required in this title, is guilty of any wilful neglect of such duty or of any corrupt or fraudulent conduct or practice in the execution of the same shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

19 Del. Laws, c. 39, § 39; Code 1915, § 1799; Code 1935, § 1888; 15 Del. C. 1953, § 5135; 70 Del. Laws, c. 186, § 1;

§ 5134. Stealing, destroying or secreting records; penalty.

(a) Whoever, being an election officer having the custody of any registration records, or copy thereof, oath, return of votes, certificate, poll list or any paper, document, or evidence of any description, in this title directed to be made, filed or preserved:

(1) Steals, wilfully destroys, mutilates, defaces, falsifies, or fraudulently removes or secretes the whole or any part thereof; or

(2) Fraudulently makes any entry, erasure, or alteration therein, except as allowed and directed by this title; or

(3) Permits any other person to do so,

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(b) Whoever, not being an election officer and having such custody, does or commits any of the acts, matters or things mentioned in subsection (a) of this section, or whoever, not being an election officer, advises, procures or abets the commission of any of the acts mentioned in this section shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, §§ 40, 41; Code 1915, §§ 1800, 1801; Code 1935, §§ 1889, 1890; 15 Del. C. 1953, § 5136; 50 Del. Laws, c. 174, § 3; 70 Del. Laws, c. 186, § 1;

§ 5135. Perjury; subornation of perjury.

(a) Whoever is convicted of wilful false swearing or affirming in taking any oath or affirmation prescribed by or upon any examination provided for in this title is guilty of perjury.

(b) Whoever wilfully or corruptly instigates, advises, induces or procures any person to swear or affirm falsely, or attempts or offers so to do, is guilty of subornation of perjury, and shall suffer the punishment directed by law in cases of perjury.

19 Del. Laws, c. 39, §§ 42, 43; Code 1915, § 1802; Code 1935, § 1891; 15 Del. C. 1953, § 5137;

§ 5136. Tampering with ballots or deceiving voters; penalty.

Whoever:

(1) Fraudulently changes or alters the ballot of any elector, or substitutes 1 ballot for another, or fraudulently furnishes any elector with a ballot containing more than the proper number of names; or

(2) Intentionally practices any fraud upon any elector to induce the elector to deposit a ballot as that elector’s own vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote; or

(3) Otherwise defrauds the elector of the elector’s vote,

shall be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, § 44; Code 1915, § 1803; Code 1935, § 1892; 15 Del. C. 1953, § 5138; 70 Del. Laws, c. 186, § 1;

§ 5137. Disobeying election officers; penalty.

Whoever wilfully disobeys any lawful command of any election officer, given in the execution of such officer’s duty as such at any election, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

19 Del. Laws, c. 39, § 45; Code 1915, § 1804; Code 1935, § 1893; 15 Del. C. 1953, § 5139; 70 Del. Laws, c. 186, § 1;

§ 5138. Breach of peace or violence on election day; penalty.

Whoever on any day of election or during the reading and counting of the votes cast thereat causes any breach of the peace or uses any violence or threats of violence whereby any such election or reading and counting of ballots is impeded or hindered or whereby the lawful proceedings of election officers or challengers at such election are interfered with shall be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, § 46; Code 1915, § 1805; Code 1935, § 1894; 15 Del. C. 1953, § 5140;

§ 5139. Interference with election officer or challenger; penalty.

Whoever:

(1) Knowingly or wilfully obstructs, hinders, assaults or by bribery, solicitation or otherwise interferes with any election officer or challenger in the performance of any duty required of that election officer or challenger or which that election officer or challenger may by law be authorized or permitted to perform; or

(2) By any means before mentioned or otherwise unlawfully on the day of election hinders or prevents any election officer or challenger in that election officer’s or challenger’s free attendance and presence at the place of election in the election district in which that election officer or challenger is appointed to serve, or in that election officer’s or challenger’s full and free access and egress to and from any such place of election, or molests, interferes with, removes or ejects from any such place of election any such election officer or challenger, or unlawfully threatens or attempts or offers so to do,

shall be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, § 47; Code 1915, § 1806; Code 1935, § 1895; 15 Del. C. 1953, § 5141; 70 Del. Laws, c. 186, § 1;

§ 5140. Failure of inspector to preserve order.

Whoever, being an inspector of election, wilfully neglects or when called on wilfully declines to exercise the powers conferred on that inspector of election to preserve order shall be deemed to have knowingly and wilfully violated that inspector of election’s official duty.

19 Del. Laws, c. 39, § 48; Code 1915, § 1807; Code 1935, § 1896; 15 Del. C. 1953, § 5142; 70 Del. Laws, c. 186, § 1;

§ 5141. Stealing or destroying ballot box, ballot, poll list; penalty.

Whoever, not being an election officer:

(1) Steals or wilfully breaks or destroys any ballot box used or intended to be used at any election; or

(2) Wilfully or fraudulently conceals, secretes or removes any ballot box from the custody of the election officers; or

(3) Alters, defaces, injures, destroys or conceals any ballot or envelope which has been deposited in any ballot box at such election or any poll list used or intended to be used at such election or any report, return, certificate or other evidence in this title required or provided for;

shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, § 49; 27 Del. Laws, c. 65; Code 1915, § 1808; Code 1935, § 1897; 15 Del. C. 1953, § 5143;

§ 5142. Requiring unauthorized oath; penalty.

Whoever, being an election officer or other person, administers or causes to be administered to any legal voter any oath or affirmation not authorized by the Constitution or laws of this State for that purpose as a prerequisite or condition of voting at any election, except when such oath or affirmation is administered in order to satisfy such election officer or other person that such vote is a legal vote according to the Constitution and laws of this State, shall for each such offense be fined not less than $500 nor more than $1,000 and imprisoned 10 days.

12 Del. Laws, c. 326, § 3; Code 1915, § 1827; Code 1935, § 1916; 15 Del. C. 1953, § 5144;

§ 5143. Candidate for General Assembly not to make written pledge; penalty.

(a) No candidate for State Senator or Representative in the General Assembly shall make any written pledge to give or withhold that candidate’s own vote on any proposed law or legislation, nor shall any other person seek to influence any such candidate in the candidate’s attitude upon any proposed law or legislation by offer or promise of a vote or votes or of any support at any primary or election.

(b) Whoever violates subsection (a) of this section shall be fined not less than $50 nor more than $1,000, or imprisoned not less than 1 month nor more than 2 years, or both.

Code 1915, § 1876D; 29 Del. Laws, c. 112; 30 Del. Laws, c. 105; Code 1935, § 1944; 15 Del. C. 1953, § 5145; 70 Del. Laws, c. 186, § 1;

§ 5144. Unauthorized release of absentee vote information; penalty.

(a) Any person who knowingly or intentionally releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the first degree and shall be fined not less than $300 nor more than $500 and may be imprisoned not less than 1 nor more than 2 years.

(b) Any person who recklessly releases, transfers, distributes, or otherwise permits or facilitates the distribution of information relating to the number of absentee votes cast in favor or against any particular candidate or measure prior to the close of the polls on the day of an election at which absentee votes were cast and counted is guilty of the unauthorized release of absentee vote information in the second degree and shall be fined not more than $200 and may be imprisoned not more than 1 year.

75 Del. Laws, c. 149, § 3;

§ 5145. Use of deep fake technology to influence an election; penalty; injunctive relief [Effective until Oct. 9, 2025].

(a) As used in this section:

(1) “Candidate” means as defined in § 8002 of this title.

(2) “Deep fake” means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter, and where 1 or both of the following applies:

a. The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur in reality.

b. The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

(3) “Depicted individual” means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

(4) “Synthetic media” means an image, an audio recording, or a video recording of an individual’s appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.

(b) Except as provided in subsections (c) and (d) of this section, it is unlawful for a person to distribute a deep fake or enter into a contract or other agreement to distribute a deep fake if the person knows or reasonably should know that the item being distributed is a deep fake and the following elements are present:

(1) The distribution takes place within 90 days before an election.

(2) The distribution is made without the consent of the depicted individual.

(c) (1) It is not a violation of subsection (b) of this section if the synthetic media includes a disclosure stating: “This (image/video/audio) has been altered or artificially generated.”

(2) For visual media, the text of the disclosure must appear in a size easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media is a video, the disclosure must appear for the duration of the video.

(3) For audio-only media, if no visual disclosure is feasible, the disclosure must be read in a clearly-spoken manner and in a pitch that can be easily understood by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not more than 2 minutes each.

(d) The prohibition in subsection (b) of this section does not apply to any of the following:

(1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, mobile application, internet website, or streaming platform that broadcasts a deceptive and fraudulent deepfake prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially-deceptive audio or visual media, or in cases where federal law requires broadcasters to air advertisements from legally-qualified candidates.

(2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, mobile application, internet website, or streaming platform, (“broadcasting station”) when it is paid to broadcast a deceptive and fraudulent deep fake and any of the following circumstances exist:

a. The broadcasting station has made a good faith effort to establish that the depiction is not a deceptive and fraudulent deep fake, which shall be presumed if the broadcasting station receives a representation from the payor that the payor has not provided a deceptive and fraudulent deep fake.

b. The broadcasting station prohibits advertisers from including deceptive and fraudulent deep fakes in the content advertisers provide to the broadcasting station.

c. Federal law requires the broadcasting station to air advertisements from legally-qualified candidates.

(3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially-deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially-deceptive audio or visual media does not accurately represent the speech or conduct of the depicted individual.

(4) Materially-deceptive audio or visual media that constitutes satire or parody.

(e) (1) This section does not restrict the ability of a person to detect, prevent, respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or deceptive activity, illegal activity or to preserve the integrity or security of systems or investigate, report, or prosecute those responsible for any such action.

(2) This section must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. § 230. Nothing in this section may be construed to impose liability on an “interactive computer service,” as defined in the Communications Decency Act of 1996, 47 U.S.C. § 230(f)(2), or an “information service” or “telecommunications service,” as defined in 47 U.S.C. § 153, for content provided by another person.

(f) (1) A violation of subsection (b) of this section is a class B misdemeanor, except as set forth in paragraphs (f)(2) and (3) of this section.

(2) A violation of subsection (b) of this section is a class A misdemeanor if the person commits the violation with the intent to cause violence or bodily harm.

(3) A violation of subsection (b) of this this section is a class A misdemeanor if a person commits the violation within 5 years of 1 or more prior convictions under this section.

(g) A candidate depicted in a deep fake in violation of subsection (b) of this section may bring an expedited action for injunctive relief and damages in the Court of Chancery. The Court may also award a prevailing party reasonable attorneys’ fees and costs.

84 Del. Laws, c. 487, § 1;

§ 5145. Use of deep fake technology to influence an election; penalty; injunctive relief [Effective Oct. 9, 2025].