TITLE 15

Elections

General Elections

CHAPTER 51. Criminal Offenses

Subchapter III. Offenses Carrying Civil Liability

§ 5161. Intimidation of election officers; penalty.

If any person, firm, corporation or employer existing or doing business in this State, hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed an election officer under the laws of this State from qualifying and performing such person’s duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.

45 Del. Laws, c. 144, §  2445 Del. Laws, c. 148, §  2445 Del. Laws, c. 149, §  24;  15 Del. C. 1953, §  5161;  70 Del. Laws, c. 186, §  1

§ 5162. Intimidation of electors; penalty.

If any person, or corporation existing or doing business in this State, hinders, controls, coerces or intimidates or attempts to hinder, control, coerce or intimidate any qualified elector of this State from or in the exercise of the elector’s right to vote at any general, special or municipal election held under the laws of this State, by means of bribery or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every elector so aggrieved may, in a civil action brought for that purpose, sue for and recover from the person or corporation so offending the sum of $500.

16 Del. Laws, c. 329, §§  1, 2;  Code 1915, §  1789;  Code 1935, §  1878;  15 Del. C. 1953, §  5162;  70 Del. Laws, c. 186, §  1

§ 5163. Liability of corporation or officers.

In any trial under § 5161 or § 5162 of this title, the acts of any officer of a corporation, insofar as they affect or concern an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether general or special authority as to such acts from the corporation is shown or not.

Nothing contained in § 5161 or § 5162 of this title or in this section shall be construed to relieve any officer of a corporation from individual liability under such sections.

16 Del. Laws, c. 329, §§  1, 2;  Code 1915, §  1789;  Code 1935, §  1878;  45 Del. Laws, c. 147, §  2445 Del. Laws, c. 148, §  2445 Del. Laws, c. 149, §  24;  15 Del. C. 1953, §  5163; 

§ 5164. Liability of stakeholder for paying election bet.

If any stakeholder, or person with whom any money or thing, laid as a wager or bet on the result of any election, or on the election or defeat of any candidate or person voted for thereat, shall be deposited, shall at any time either before or after such bet shall have been decided, pay over or deliver to either or both of the persons betting the same, or to any other person by the order or for the use of them, or either of them, the money or thing so illegally betted, every such stakeholder or depository shall forfeit and pay to any person who will sue for the same, double the amount of such wager or bet or double the value of the thing betted.

Either of the persons betting shall be competent witnesses against the stakeholder.

Code 1852, §§  314, 315;  Code 1915, §  1813;  Code 1935, §  1902;  15 Del. C. 1953, §  5164;