2018 Delaware Code
Title 15 - Elections
CHAPTER 50A. ELECTRONIC VOTING SYSTEMS
§ 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.