2012 Delaware Code
Title 15 - Elections
CHAPTER 50A. ELECTRONIC VOTING SYSTEMS
§ 5001A. Requirements.

(a) Any electronic voting system may be adopted, purchased or used which shall be so constructed as to fulfill the following requirements:

(1) Each voting device shall have a serial number permanently attached to or stamped to the device;

(2) It shall secure to the voter secrecy in the act of voting for or against as many questions as may be submitted;

(3) It shall permit the voter to vote for the candidates of 1 or more parties, or to write in the name or candidate of the voter's choice for any office;

(4) It shall permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, and the automatic tabulating equipment used in such electronic voting systems shall reject choices recorded on any ballot card or any voting device if the number of such choices exceeds the number to which a voter is entitled;

(5) It shall prevent the voter from voting for the same person more than once for the same office;

(6) It shall permit the voter to vote for or against any question the voter may have the right to vote upon, but no other;

(7) It shall 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) It shall 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) It shall 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) If individual paper ballots are used, the paper ballot shall include a serialized stub number for each ballot issued to a voter to be retained by the poll worker which will show at all times during any election a total number of persons who have voted.

(11) It shall be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch or other action; however, it shall be provided with a device or method for each party, for voting for all presidential electors of that party by 1 mark, punch or other action.

(b) Every voting device or booth shall be provided with a means of providing sufficient light to enable voters while in the voting booth to read the ballots or ballot labels. All voting devices used in any election shall be provided with side curtains and front shield to insure that no person can see or know for whom any voter has voted or is voting.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 1-4; 70 Del. Laws, c. 186, § 1.;