2014 Delaware Code
Title 15 - Elections
CHAPTER 50. VOTING MACHINES
§ 5001. Requirements

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

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

(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 of any candidate of that 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, but no more;

(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) If used in primary elections, it shall be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine;

(8) It shall correctly register or 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 register or record the names of all candidates written in by voters;

(9) It shall be provided with a protective counter or protective device whereby any operation of the machine before or after the election will be detected;

(10) It shall be provided with a counter which will show at all times during any election the 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 lever; however, it shall be provided with 1 device for each party, for voting for all presidential electors of that party by 1 operation.

(12) It shall permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted.

(13) It shall provide the voter the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and corrected (including the opportunity to correct the error through the issuance of a replacement ballot before the voter has cast a ballot if the voter was otherwise unable to change the ballot or correct any error).

(b) Every voting machine shall be furnished with a means of providing sufficient light to enable voters while in the voting booth to read the ballots and suitable for use by the election officers in examining the counters. All voting devices used in any election shall provide the voter the opportunity to make selections and cast a ballot in secrecy through placement of the devices in the polling place or through the use of curtains or other devices.

(c) Voting machines of different kinds may be adopted for use in different districts of the same county.

(d) Any voting device, machine or system purchased by the State shall be certified by the National Association of State Election Directors or the Election Assistance Commission as meeting or exceeding the voluntary voting systems standards or guidelines as promulgated by the Federal Election Commission or the Election Assistance Commission prior to delivery to and acceptance by the State.

15 Del. C. 1953, § 5002; 49 Del. Laws, c. 18, § 1; 57 Del. Laws, c. 181, § 65; 57 Del. Laws, c. 695, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 168, §§ 9-11.;