(a) In addition to the criminal and civil offenses in Chapters 51 and 53 of this title, a person, whether acting under color of state law or otherwise, may not engage in acts of intimidation, deception, or obstruction that interfere with any elector’s right to vote.

(b) A violation of subsection (a) of this section includes any of the following:

(1) The use or threat to use any force, violence, restraint, abduction, or duress, by any person who inflicts or threatens to inflict any injury, damage, harm, or loss or who by any other conduct practices intimidation that causes or will reasonably have the effect of causing interference with any elector’s right to vote.

(2) The reckless use by any person of any deceptive or fraudulent device, contrivance, or communication pertaining to the time, place, or manner of an election; the qualifications or restrictions on voter eligibility for such election; a particular elector’s eligibility to vote in such election; the consequence of voting or abstaining from voting in any election; or a statement of endorsement by any specifically named person, political party, or organization if such deceptive or fraudulent device, contrivance, or communication causes or will reasonably have the effect of causing interference with any elector’s right to vote.

(3) Obstructing, impeding, or otherwise interfering with access to any polling place or elections office, or obstructing, impeding, or otherwise interfering with any voter in any manner that causes or will reasonably have the effect of causing interference with any elector’s right to vote.

(c) In accordance with the purpose of this chapter, an elector’s right to vote shall be construed broadly and includes an elector’s right to cast a ballot for the candidate of their choice, to register to vote, and to vote by any method of voting established by the General Assembly.

85 Del. Laws, c. 421, § 3; 

(a) An action to cure a violation of this subchapter may be brought in a court of competent jurisdiction by an individual aggrieved by such violation, or an organization aggrieved by such a violation, or the Attorney General. Members of 2 or more protected classes may jointly file an action. In furtherance of § 9 of Article I of the Delaware Constitution, this section must be construed liberally to confer standing broadly.

(b) An organization aggrieved by a violation of this subchapter includes an organization whose membership includes individuals aggrieved by a violation, an organization whose mission would be frustrated by a violation, an organization that would expend or divert resources to fulfill its mission as a result of a violation, or an organization that would expend greater resources or efforts to advocate before an elected body that is less responsive to the organization or its members due to a violation. An organization shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members, except, however, if an organization asserts standing on the basis that members of the organization are aggrieved, a court may compel the organization to provide affidavits from impacted members sufficient to satisfy these requirements if it is not satisfied with any initial organizational affidavit or other proof lacking identifying membership information. Such court order must allow for an organization to produce any necessary records or portions thereof under seal or in any like manner recognized by court rules in which confidential information is protected from public view so long as the organization demonstrates good cause by providing any credible statement that its members privacy or safety interests would be negatively impacted by public knowledge of their membership in the organization or involvement in the lawsuit. Such sealed or confidential records shall remain under seal indefinitely following final judgment.

(c) The action may be filed irrespective of any action, criminal or civil, that has been or may be filed under Chapter 51 of this title.

(d) Upon a finding of a violation of any provision of this subchapter, a court of competent jurisdiction shall implement appropriate remedies that are tailored to remedy the violation, which includes providing for additional time to cast a ballot that may be counted in the election at issue. Any party who violates any of the provisions of this subchapter or who aids the violation of any of said provisions is liable to any prevailing plaintiff party for attorneys’ fees, damages, including nominal damages for any violation, and compensatory or punitive damages for any intentional violation.

85 Del. Laws, c. 421, § 3;