2016 Delaware Code
Title 15 - Elections
CHAPTER 49. CONDUCT OF ELECTION
Subchapter III Counting Votes and Post-Election Regulations
§ 4976. Counting of write-in votes.

(a) After the paper tapes have been separated and placed in envelopes, the inspector shall remove the 1st copy paper tape or tapes (with zero count certification) from the Prothonotary envelope.

(b) The inspector shall then proceed to read distinctly each office voted for, starting from the top of each paper tape, and the names of the persons for whom votes were cast. If the name of the person voted for is not clear, the inspector and 2 judges shall examine the paper roll and determine, by majority vote, if necessary, the name to be entered on the write-in vote tally sheet. The judge of the opposite political party shall stand or sit with the inspector while the inspector reads off the write-in votes to verify the votes cast.

(c) Two clerks shall account on separate Write-in Vote Tally Sheets for each write-in vote for an office for a candidate on the ballot for that office, a declared write-in candidate for the office or for all other write-in votes for the office as "Other Write-in Candidates."

(d) After the counting is completed, the clerks shall compare their tallies and add up the number of votes cast for each person in the presence of the inspector and judges. They shall then announce the names of the persons voted for and the total number of votes cast for each person. The first copy paper tape (with zero count certification) from each voting machine assigned to the election district shall be placed in the envelope and shall be delivered to the Prothonotary.

21 Del. Laws, c. 38, §§ 23, 24; Code 1915, §§ 1777, 1778; Code 1935, §§ 1866, 1867; 15 Del. C. 1953, § 4978; 49 Del. Laws, c. 294, § 20; 50 Del. Laws, c. 172, § 6; 57 Del. Laws, c. 567, § 43; 58 Del. Laws, c. 148, § 95; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, §§ 10-13; 76 Del. Laws, c. 315, § 3.;