2012 Delaware Code
Title 15 - Elections
CHAPTER 57. CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION
§ 5702. Duties of Court.

(a) Whenever the voting machine recording tapes, voting machine certificates, absentee vote tally sheets, write-in vote tally sheets and absentee ballot box for any election district are not produced when the Court convenes or whenever any voting machine is not available by 12:00 noon, the Court may issue summary process against the election officers of such election district or any other persons to bring such documents or objects forthwith into the Court or to make them available for inspection by the Court.

(b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any such document, or if fraud, mistake or omission is apparent on the face of such document, the Court shall:

(1) Open and examine the necessary voting machines and/or absentee ballot boxes;

(2) Make a recount of the votes contained therein;

(3) Correct any fraud, mistake or omission in any document or paper relating to the election.

(c) Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner's contest.

(d) The Court shall also receive from the department of election for its county a report of the number of absentee ballots delivered to each election district, from which it shall determine and make certain that all these ballots are recorded on the absentee vote tally sheets for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected.

(e) In the event that the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative or county office is less than 1,000 votes or one half of 1 percent of all votes cast for the 2 candidates, whichever is less, the Court shall recount the absentee ballots cast in that election at State expense.

21 Del. Laws, c. 38, § 23; Code 1915, § 1777; Code 1935, § 1866; 15 Del. C. 1953, § 5702; 58 Del. Laws, c. 215, § 39; 61 Del. Laws, c. 480, § 19; 65 Del. Laws, c. 519, § 1; 72 Del. Laws, c. 434, §§ 2, 3; 75 Del. Laws, c. 232, § 65.;