2006 Delaware Code - CHAPTER 45 — BALLOTS, ELECTION SUPPLIES AND POLLING PLACES

§ 4501. Single ballot for all candidates.

There shall be a single ballot for Presidential, Vice-Presidential, state, county and district candidates. (Code 1915, § 1725; Code 1935, § 1811; 43 Del. Laws, c. 129, § 1; 44 Del. Laws, c. 119, § 1; 47 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 4501.)

§ 4502. Form and designation of ballots.

(a) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of his or her choice, as prescribed in § 5005(b) of this title. In those years in which a President and Vice-President of the United States are to be elected the ballot shall be designated "Presidential, Vice-Presidential, State, County and District Ballot"; in other years the ballot shall be designated "State, County and District Ballot." The names of all candidates of any party shall be placed under the title and device of such party as designated in the certificate filed with the department of elections by such party's authorized agent or agents or, if none is designated, under some suitable title or device to be selected by the department of elections. When a President and Vice-President are to be elected, the names of the candidates for those offices shall be placed at the top of the list of candidates for all offices to be voted upon. The device named and chosen and the lists of candidates of the Democratic Party shall be placed in the first column on the left-hand side of the ballot, of the Republican Party in the second column, and of any other party, and the space for the voter to write in the name of any candidate of his or her choice for any office, in such order as the department of elections shall decide. The names of unaffiliated candidates shall appear in alphabetical order, under the heading "Unaffiliated Candidates," after the listing of various political parties. Where there are more political parties and unaffiliated candidates than can be accommodated in parallel columns on the voting machine and/or absentee ballot, names of political party candidates or unaffiliated candidates may be placed in the same column, in such manner as may be determined by each county department of elections.

(b) All ballots for the same election shall be of uniform size, of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballots shall in general conform, as nearly as possible, to the sample ballot set forth in this section.

(c) The ballots prepared under this chapter shall have the representative district number printed in the margin at the top. In a presidential year they shall conform to the following design. In a nonpresidential year they shall conform as nearly as possible to such design.

PARTY PARTY PARTY

EMBLEM EMBLEM EMBLEM

WRITE IN

Name of Party Name of Party Name of Party

For President JOHN DOE JOHN DOE JOHN DOE

For Vice-President JOHN DOE JOHN DOE JOHN DOE

For United States Senator JOHN DOE JOHN DOE JOHN DOE

For Representative in Congress JOHN DOE JOHN DOE JOHN DOE

For Governor JOHN DOE JOHN DOE JOHN DOE

For Lieutenant Governor JOHN DOE JOHN DOE JOHN DOE

(d) Absentee ballots shall be prepared in accordance with this section.

(e) If the number of candidates, offices and/or parties to be listed on the ballot preclude the layout of a ballot as specified in this section, the Department of Elections shall obtain approval of the Commissioner of Elections to lay out the ballot in a manner best suited to the number of candidates, offices and/or parties eligible to be placed on the ballot. (19 Del. Laws, c. 37, § 8; 20 Del. Laws, c. 396, § 2; 27 Del. Laws, c. 65, § 8; Code 1915, §§ 1725, 1725A; 28 Del. Laws, c. 95; Code 1935, § 1814; 43 Del. Laws, c. 129, § 4; 44 Del. Laws, c. 119, § 3; 45 Del. Laws, Sp. Sess., c. 4, § 3; 47 Del. Laws, c. 149, § 3; 15 Del. C. 1953, § 4502; 59 Del. Laws, c. 54, § 1; 61 Del. Laws, c. 418, § 14; 61 Del. Laws, c. 480, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 4.)

§ 4503. Printing of ballots.

(a) The department of elections in each county shall print the ballots to be used in the voting machines in accordance with §§ 4502, 5005 and 5006 of this title.

(b) In addition to the ballots mentioned in subsection (a) of this section, the department of elections in each county shall have printed and shall deliver to the department of elections for its county, taking its receipt therefor, the ballots and the official envelopes for absentee voters authorized by the absentee voting laws of this State, as soon as possible after the final date of the filing of nominations, but in any event 45 days prior to the date of the ensuing general election. The quantity of ballots to be printed pursuant to this subsection shall not exceed 2 times the estimated number of absentee voters eligible to vote at the ensuing general election, as shall be estimated by the department of elections according to the best information it can obtain. (19 Del. Laws, c. 37, § 11; 20 Del. Laws, c. 396, § 8; 22 Del. Laws, c. 62, § 3; 27 Del. Laws, c. 65, § 10; Code 1915, § 1728; 28 Del. Laws, c. 96; Code 1935, § 1817; 42 Del. Laws, c. 118; 43 Del. Laws, c. 129, § 5; 45 Del. Laws, Sp. Sess., c. 4, § 2; 45 Del. Laws, c. 154, § 3; 47 Del. Laws, c. 149, § 4; 48 Del. Laws, c. 375, § 1; 15 Del. C. 1953, § 4503; 49 Del. Laws, c. 294, §§ 2, 3; 54 Del. Laws, c. 69, § 1; 57 Del. Laws, c. 567, §§ 32, 33; 58 Del. Laws, c. 148, §§ 45, 46.)

§ 4504. Envelopes for ballots and other election supplies; obtaining and packaging.

(a) The department in each county shall provide ungummed envelopes of a

sufficient size to contain the absentee ballots to be used at any election.

Each envelope shall have printed thereon:

OFFICIAL ENVELOPE

FOR

Representative District Number ..............................................

Date of Election ............................................................

......................................................................

......................................................................

Clerks of Election

and shall be so printed to enable the clerks of election to write their full names on the lines above the words "Clerks of Election."

(b) The number of envelopes to be provided and printed by the department shall be equal to the number of official absentee ballots printed. (19 Del. Laws, c. 37, § 11; 20 Del. Laws, c. 396, § 8; 22 Del. Laws, c. 62, § 3; 27 Del. Laws, c. 65, § 10; Code 1915, § 1728; 28 Del. Laws, c. 96; Code 1935, § 1817; 42 Del. Laws, c. 118; 48 Del. Laws, c. 375; 15 Del. C. 1953, § 4504; 49 Del. Laws, c. 294, § 4; 54 Del. Laws, c. 69, § 1; 55 Del. Laws, c. 92, § 1; 57 Del. Laws, c. 567, §§ 34-36.)

§ 4505. Substitution of candidate's name after printing of ballots.

Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the department of elections shall promptly provide new ballots or, if necessary, pasters. If the new ballots or pasters are received by the department too late to put them in the voting machines prior to the preparation, sealing and inspection of the machines, then the department shall deliver the necessary number of pasters to the inspectors of the appropriate election districts, who shall see to it that the pasters are placed and maintained on the voting machines and certificates of election. (19 Del. Laws, c. 37, § 9; 27 Del. Laws, c. 65, § 9; Code 1915, § 1726; Code 1935, § 1815; 15 Del. C. 1953, § 4506; 58 Del. Laws, c. 148, § 47; 61 Del. Laws, c. 480, § 12.)

§ 4506. Tally sheets.

There shall be furnished for each election district absentee ballot tally sheets and write-in vote tally sheets each of which shall consist of a margin on the left for the names of the persons voted for and squares formed by parallel lines drawn from the bottom to the top of the sheet, each square to be sufficient to contain 5 distinct rows of 5 distinct marks in each row, and there shall be a sufficient number of squares in each row of squares from left to right to contain more marks than any person will probably receive votes in the election district. (21 Del. Laws, c. 38, § 5; Code 1915, § 1744; Code 1935, § 1833; 15 Del. C. 1953, § 4511; 49 Del. Laws, c. 294, § 9; 58 Del. Laws, c. 148, § 49.)

§ 4507. Sheet containing oaths of election officers, certificate of qualification, laws.

Each department shall have printed on a single sheet the following items in the following order:

(1) Three distinct forms of the oaths or affirmations prescribed in § 4904 of this title for the inspector and judges of election, which forms shall be numbered and distinguished as No. 1, No. 2 and No. 3.

(2) A form of the certificate of the qualification of the inspector and judges of election, which shall be as follows:

"....... . County and...... . . Election District....... . Representative District, ss.: We, subscribers, Inspector (or other officers authorized by law to hold the election) and the Judges, for said Election District of the general election, therein held on the Tuesday next after the first Monday in November in the year of our Lord one thousand nine hundred and....... . certify that on said day, before opening the said election in said election district, the foregoing oath or affirmation was duly administered to each of us, according to law."

All blanks in such certificate shall be filled in by the department before the sheet containing it is delivered to the registrar.

(3) Subsection (a) of § 4905 of this title.

(4) Form of oath or affirmation prescribed in § 4906 of this title for clerks of election.

(5) Section 4907 of this title.

(6) Section 5123 of this title. (19 Del. Laws, c. 37, § 25; 21 Del. Laws, c. 38, § 7; 27 Del. Laws, c. 65, §§ 20, 22; Code 1915, §§ 1746, 1761; Code 1935, §§ 1835, 1850; 15 Del. C. 1953, § 4513.)

§ 4508. Certificates of the vote cast in each election district.

(a) The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the number of votes cast for each candidate on each voting machine.

(b) The paper tape shall show the number of votes cast on the voting machine for each candidate and the paper tape from 1 voting machine in the election district shall show the number of absentee votes cast for each candidate by eligible voters in the election district.

(c) The absentee vote tally sheet for the election district shall show the number of absentee ballots received, the number rejected and the number counted. (21 Del. Laws, c. 38, § 6; Code 1915, § 1745; Code 1935, § 1834; 44 Del. Laws, c. 119, § 5; 15 Del. C. 1953, § 4514; 52 Del. Laws, c. 221, § 4; 57 Del. Laws, c. 567, § 39; 58 Del. Laws, c. 148, § 50; 59 Del. Laws, c. 54, § 2; 69 Del. Laws, c. 391, § 1; 70 Del. Laws, c. 506, § 5.)

§ 4509. Election supplies to be furnished by department of elections.

The department for each county shall, after the 23rd day of October and prior to the opening of the polls in each year in which a general election is held, deliver to the inspector of each election district in the county:

(1) Three printed forms of a certificate of the votes cast in the election district;

(2) A printed form of poll list;

(3) One sheet of instructions to election officers;

(4) One printed form for the oath or affirmation of inspectors, judges and clerks of election authorized to hold the election and containing the certificate of administering such oath or affirmation; and

(5) Fifteen blank forms of oaths provided for in § 4940 of this title;

(6) A sufficient supply of voter signature cards which shall be of a sufficient size to record the voter's signature, the voter's permanent significant registration number and the data specified in § 4937(a) of this title when applicable. The form of the voter signature cards shall be determined by the Commissioner, and shall be uniform throughout the State. (19 Del. Laws, c. 37, § 32; 21 Del. Laws, c. 38, § 3; 26 Del. Laws, c. 48, § 1; 27 Del. Laws, c. 65, § 29; Code 1915, §§ 1735, 1742; Code 1935, §§ 1824, 1831; 44 Del. Laws, c. 120, § 1; 44 Del. Laws, c. 123, § 1; 45 Del. Laws, c. 148, § 31; 45 Del. Laws, c. 149, § 31; 45 Del. Laws, c. 154, §§ 5, 7; 15 Del. C. 1953, § 4515; 49 Del. Laws, c. 294, § 11; 50 Del. Laws, c. 175, § 1; 58 Del. Laws, c. 148, §§ 51-54; 60 Del. Laws, c. 414, § 10; 70 Del. Laws, c. 186, § 1.)

§ 4510. Supplies for election officers; custody of records and supplies; maps and lists of election districts.

(a) The departments shall prepare and furnish all necessary maps, forms, oaths, certificates, blanks and instructions for the use of election officers and provide for the furnishing of such officers therewith and with all necessary supplies and also a copy of the registration and election laws.

(b) Each department shall have and retain the custody of all books, maps, forms, oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to the department.

(c) Each department shall furnish to each of its election districts a map of the representative district in which it is located of sufficient size to show clearly the boundaries of its election districts and the location of the polling places. Each election district shall also be provided with a list of all election districts and polling places within its respective county. (19 Del. Laws, c. 39, § 4; Code 1915, § 1673; Code 1935, § 1760; 44 Del. Laws, c. 112, § 2; 15 Del. C. 1953, § 4516; 58 Del. Laws, c. 215, § 20.)

§ 4511. Reuse of election supplies.

All supplies furnished to the election officers shall be prepared, so far as practicable, in such a manner so that such supplies as are not used at such election or thereafter by law destroyed, can be used at the next general or special election or elections and the officers and departments required by law to furnish such supplies shall use the supplies as have theretofore been returned to and as are otherwise in the possession of the respective departments and the officers and departments required by law to furnish such supplies shall only purchase or contract for the amount of supplies as are required by law in excess of such amount so returned to and otherwise in the hands and possession of the respective departments. (27 Del. Laws, c. 65, § 34; Code 1915, §§ 1815, 1815A; 34 Del. Laws, c. 110, § 3; Code 1935, § 1904; 45 Del. Laws, c. 154, § 17; 15 Del. C. 1953, § 4517.)

§ 4512. Polling places; designation and preparation.

(a) Each department shall designate and procure for each election district in its county a polling place, which shall be the same as its registration place, wherever possible. The suitability, convenience and accessibility of the polling place to the voters of the election district must be given prime consideration in its selection. This selection shall be determined according to this order of preference: (1) Within the geographical boundaries of the election district to be served; (2) within the boundaries of an election district which immediately adjoins the district to be served and is in the same representative district; (3) within the boundaries of an election district which immediately adjoins the district to be served, but is in a different representative district, provided such designation is made by a unanimous vote of the members present at a meeting of the board of elections for the county.

(b) The departments of elections shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places at least 350 square feet in size or apartment buildings or complexes consisting of 50 or more units or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the board of elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the department of elections designate a private residence as a polling place.

(c) The same public building may be designated as housing the polling place for 1, 2, or 3 election districts, in the discretion of the departments, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access and, if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other.

(e) Whenever the department has designated as polling places facilities owned or leased by agencies or subdivisions of this State, it shall be the duty of the officials of such agencies or subdivisions to make these facilities available and to provide a suitable and acceptable location, heat, lighting and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision.

(f) The department of elections shall publish in a newspaper of general circulation, either as an advertisement or as a separate insert, a listing of all polling places by district, at least once during the week preceding the election.

(g) The department of elections may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State contracting with said entity for the purposes of using its facility as a polling place to conduct elections. Furthermore, the State shall purchase insurance against claims of damage to protect against such claims and indemnify the U.S. Government. (19 Del. Laws, c. 39, § 3; 19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, §§ 1672, 1738; 37 Del. Laws, c. 125; Code 1935, §§ 1759, 1827; 42 Del. Laws, c. 115, § 10; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 44 Del. Laws, c. 122, § 1; 45 Del. Laws, c. 148, § 25; 45 Del. Laws, c. 149, § 25; 15 Del. C. 1953, § 4518; 57 Del. Laws, c. 181, § 47; 57 Del. Laws, c. 567, § 39A; 58 Del. Laws, c. 148, §§ 55-58; 58 Del. Laws, c. 215, § 21; 58 Del. Laws, c. 398, § 2; 61 Del. Laws, c. 480, § 13; 63 Del. Laws, c. 26, § 1; 73 Del. Laws, c. 306, § 1.)

§ 4513. Substitute polling places.

If at any time it becomes impracticable to hold an election in the public building designated by a department for any election district or districts, such department may designate another public building as near as can be conveniently obtained to the place previously selected. In such event, sufficient public notice thereof shall be given by suitable news media. (19 Del. Laws, c. 37, § 1; 21 Del. Laws, c. 38, § 2; 27 Del. Laws, c. 65, § 1; Code 1915, § 1738; 37 Del. Laws, c. 125; Code 1935, § 1827; 44 Del. Laws, c. 122, § 1; 15 Del. C. 1953, § 4519; 57 Del. Laws, c. 181, § 48; 58 Del. Laws, c. 215, § 22.)

§ 4514. Expenses of general election.

Except where otherwise provided by statute, all necessary costs and expenses incurred in carrying into effect Part IV of this title shall be paid by the State.

The compensation of the election officers and clerks and the rent for polling places shall be paid in the month in which the general election is held. (27 Del. Laws, c. 65, § 34; Code 1915, §§ 1675, 1815; 38 Del. Laws, c. 88, § 1; Code 1935, §§ 1762, 1766, 1904; 42 Del. Laws, c. 115, § 11; 45 Del. Laws, c. 147, § 14; 45 Del. Laws, c. 148, §§ 28, 31, 32; 45 Del. Laws, c. 149, §§ 28, 31, 32; 15 Del. C. 1953, § 4520; 51 Del. Laws, c. 149, § 4.)

§ 4515. Payment procedures.

The departments of elections following an election conducted under this title shall ascertain the amount due to each election officer for that election officer's service and promptly pay them. The departments may combine the pay for a primary and a general election. Election officers shall be paid no later than December 15 in the year of a general election. (19 Del. Laws, c. 39, § 28; Code 1915, § 1675; Code 1935, §§ 1762, 1766; 42 Del. Laws, c. 115, § 11; 45 Del. Laws, c. 147, § 14; 45 Del. Laws, c. 148, §§ 28, 32; 45 Del. Laws, c. 149, §§ 28, 32; 15 Del. C. 1953, § 4521; 51 Del. Laws, c. 149, § 5; 58 Del. Laws, c. 148, § 59; 75 Del. Laws, c. 232, § 44.)