2016 Delaware Code
Title 15 - Elections
CHAPTER 49. CONDUCT OF ELECTION
Subchapter III Counting Votes and Post-Election Regulations
§ 4972. Rules regarding what constitutes a legal vote.

(a) Votes cast on a direct recording electronic voting machine shall be considered legal votes once the voter has taken the necessary action or actions to cast a ballot. A voter who has cast a ballot on a direct recording electronic voting machine shall not be permitted to cast a second ballot under any circumstances.

(b) Votes cast at any election on paper ballots shall be counted for whom they are intended as far as can be ascertained by the marks on the ballot. The following rules shall be observed in determining those votes on paper ballots that shall be counted:

(1) The voter shall mark the ballot for the voter's selections by placing a distinct mark in the box at the right of the name of the candidate and or response to a question for which the voter wants to vote;

(2) Where a voter indicates the voter's own selections in a manner not in accordance with paragraph (b)(1) of this section, the election officers shall attempt to determine from the marks on the ballot the candidate or response that the voter intended to select;

(3) If it is not possible to determine a voter's choice for an office or response to a question, the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the ballot where the voter's intention can be determined;

(4) A voter may only vote for 2 or more choices for any office or question when specifically instructed on the ballot that it is allowable;

(5) Where a voter is permitted to make more than 1 choice for candidates and or responses to a question, the voter may make fewer than the allowable number of choices;

(6) If a ballot is marked for more names or responses than are permitted, it shall not be counted for that office or question, but it shall be counted for all other offices or questions on the ballot in accordance with these rules;

(7) If a ballot has been defaced or torn so that it is impossible to determine the voter's choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all other offices and questions where the voter's choice or choices can be determined;

(8) The misspelled, incomplete or minor variation of the name of a declared write-in candidate for an office shall be counted if the name as written bears a reasonable resemblance to the declared candidate's name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter's intention. Additionally, writing in the last name of a declared write-in candidate shall constitute a valid vote unless there are 2 or more candidates for that office with the same last name; and

(9) Writing in the name of either candidate for President or Vice-President shall constitute a valid vote for the slate.

21 Del. Laws, c. 38, § 21; 27 Del. Laws, c. 65, § 24; 27 Del. Laws, c. 65, § 23; Code 1915, §§ 1769, 1770; 40 Del. Laws, c. 143, § 1; Code 1935, §§ 1858, 1859; 44 Del. Laws, c. 122, § 2; 15 Del. C. 1953, § 4974; 58 Del. Laws, c. 148, §§ 92, 93; 61 Del. Laws, c. 480, § 15; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 168, § 8; 76 Del. Laws, c. 315, § 2.;