2016 Delaware Code
Title 15 - Elections
CHAPTER 50. VOTING MACHINES
§ 5008. Preparation of voting machines.

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

(b) The department shall mail written notices to the chair of the county committee of each of the 2 principal political parties, stating the time and place at which the voting machines will be inspected. Each principal political party may have 1 representative present during this inspection.

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

(1) To inspect each machine to make certain it is in good order and that the proper ballots have been placed in it;

(2) To test the lever beside the name of each candidate and the write-in roll slot to make certain they are operating properly; and

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

(d) The department shall cause all registering counters to be set at zero (000) and the paper in the write-in roll slots to be blank. The ballot frames of each machine shall be sealed with a numbered metal seal. Two representatives of the board of elections, of opposite political affiliation, shall examine each machine to make certain this has been done. They shall:

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

(2) Certify that all registering counters and write-in slots are set at zero (000) or are blank;

(3) Certify that the ballot frames are sealed; and

(4) Record and certify the number on the protective counter, the numbered seal and the write-in paper roll.

(e) The department shall make sure each machine is properly prepared in all respects for the election, that its doors are locked and the necessary keys prepared for delivery to the election officers. 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 entrusted with custody of the machines, either for delivery or storage before and after the election, shall insure the machines' safety and protection.

15 Del. C. 1953, § 5012; 49 Del. Laws, c. 18, § 1; 58 Del. Laws, c. 148, §§ 105, 106; 60 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 186, § 1.;