2014 Delaware Code
Title 15 - Elections
CHAPTER 50A. ELECTRONIC VOTING SYSTEMS
§ 5004A. Number of voting devices per election district

(a) In general elections, the polling place for every election district shall be supplied with at least 1 voting machine for every 600 registered voters or majority fraction thereof.

(b) In primary and special elections, the polling place for every primary voting district or election district shall be provided with at least 1 voting machine for every 750 registered voters or majority fraction thereof.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 6, 7; 74 Del. Laws, c. 411, § 23.;

§ 5005A Printing of ballots; distribution of ballots.

(a) Ballots shall be printed in black ink on white material of such size as will fit the ballot frame used for all elections and shall be secured in the ballot frame to make tampering or removal difficult.

(b) The party emblem which has been duly adopted by such party in accordance with law and the party name or other designation for each political party represented on the voting device shall appear on the ballot if space and layout permits.

(c) Official ballots for voting devices shall be prepared and furnished by the department for each county in the same manner as provided by law.

(d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically generated and displayed or which has the capability to generate and display multiple ballots.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 8-11; 74 Del. Laws, c. 168, § 13; 77 Del. Laws, c. 227, § 68.;

§ 5006A Number of official ballots to be furnished.

If required by the voting system, the department shall provide and furnish 110 official ballots per 100 registered voters.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, § 12; 77 Del. Laws, c. 227, § 69.;

§ 5007A Substitute ballots.

If the official ballots for an election district are not delivered in time for use on election day or after delivery shall be lost, destroyed or stolen, the department shall cause other ballots to be prepared, printed or written as nearly as may be of the form and description of the official ballots, and the department shall cause the ballots so substituted to be used at the election in the same manner, as nearly as may be, as the official ballots would have been.

63 Del. Laws, c. 409, § 1.;

§ 5008A Preparation of voting devices.

(a) The department of elections shall cause sufficient voting devices to be delivered to the proper polling places prior to the time appointed for the election officers to report for duty. The Department shall certify that each device to be used in an election has been properly prepared and inspected.

(b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate one representative to be present during the inspection.

(c) The board of elections shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the devices:

(1) To inspect each device to make certain it is in good working order and that the proper ballot labels have been placed in it;

(2) To examine and/or test each voting position for proper registration;

(3) To certify such inspections and testing upon a record provided by the department.

(d) The Department shall cause all ballot cards, if used by the voting system, to be sealed in a metal transfer carrier and the seal number recorded. Two representatives of the Board of Elections, of opposite political affiliation, shall examine each voting device and insure that each voting device is sealed with the numbered seal as required. They shall:

(1) Certify the numbers on the voting devices and the election districts for which they are designated;

(2) Certify that all voting devices are in proper working condition;

(3) Certify that the voting devices are properly sealed; and

(4) Certify that the correct ballot has been properly secured in the voting device.

(e) The Department shall have the automatic tabulating equipment used in mark sense or punch mark tabulation tested to ascertain that it will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be published and a test conducted within 5 days of the election. The tabulating equipment shall pass the same test at the conclusion of the count before the election returns are approved. Two representatives of the Board of Elections, of opposite political affiliation, shall certify that this has been done.

(f) The certification required by this section shall be a public record in the office of the department of elections.

(g) The department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall insure the voting devices' safety and protection.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 13-17; 70 Del. Laws, c. 186, § 1.;

§ 5009A Instruction model.

Repealed by 70 Del. Laws, c. 154, § 18, effective July 7, 1995.;

§ 5010A Inoperative voting devices.

If during the conduct of an election a vote recording device becomes inoperative, the election officers shall seal it in such manner as to prevent further voting thereon. The department shall maintain and hold in readiness a reasonable number of extra voting devices to be supplied to election districts where a voting device has become inoperative, and the department shall take reasonable steps to insure rapid delivery in such event.

63 Del. Laws, c. 409, § 1.;

§ 5011A Voting device curtains; absentee voting.

Side curtains on all voting devices shall be securely fastened before being used in any election. An electronic voting system providing a method of voting absentee utilizing a ballot card may be used for all absentee voting providing it meets all requirements of the law.

63 Del. Laws, c. 409, § 1.;