Del. Code tit. 15 § 7557

Current through 2024 Legislative Session Act Chapter 531

Section 7557 - Conduct of the election

(a) The Department of Elections shall make available training for Election Officers prior to each election on the operation of the voting machine and Election Day procedures, and provide each Election Officer and Board of Elections member a copy of the manuals and/or checklists for the election.

(b) Election Officers shall admit the following persons to the voting room:

(1) Board of Elections members;

(2) Election Officers;

(3) Persons voting and waiting to vote;

(4) A child or children 17 years of age or less accompanying the voter;

(5) Department of Elections administrators or employees identified by badge or other authorization;

(6) The State Election Commissioner or an employee of the State Election Commissioner's office identified by badge or other authorizations;

(7) Any person accompanying a Board of Elections member, a Department of Elections administrator, or the State Election Commissioner except for an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot;

(8) Any other person deemed necessary to the conduct of the election by the Inspector except for an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot; or

(9) A person or persons required by a voter to assist the voter in voting who is not the voter's employer, agent of that voter's employer or union, or an elected official of the municipality, a candidate on the ballot, or a person associated in any way with the campaign of a candidate on the ballot.

(c) Electioneering. --

Section 4942 of this title applies to municipal elections.

(d) Challenges and challengers. --

(1) For elections for municipal government, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger at a time for each candidate on the ballot at each voting location in a building may be present to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present the Inspector a challenger authorization for that election.

(2) The Inspector shall issue each challenger a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place, the challenger shall surrender the badge to the Inspector, and for elections for municipal government, retrieve the challenger authorization from the Inspector.

(3) Challengers may act as peace officers with the same powers of preserving the peace as Election Officers. The Election Officers shall protect them in the discharge of their duty; as long as the challengers do not create any disturbance or obstruction and do not unreasonably prolong any challenge. The Inspector shall caution challengers concerning the foregoing. If a challenger persists in objectionable behavior, the Inspector may eject the challenger. Nothing in this subsection of this section shall prevent the substitution of another challenger for 1 whom the Inspector ejected.

(4) If an Inspector wilfully ejects a challenger without cause, that Inspector shall be deemed to have knowingly and wilfully violated that Inspector's own official duty.

(5) Any person legally in the polling place may challenge any voter for identity, address or bribery. The Inspector shall hear each challenge before the person being challenged enters a voting machine. Once the Inspector decides the challenge, the matter is decided and the challenged person will be either permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of this title. Once the person has taken and subscribed to the oath, the person shall be permitted to vote.

(e) Voting machines; election supplies; certification. --

(1) The Department of Elections shall prepare the voting machines for the election of members of a municipal government by listing the names of all certified candidates submitted by the municipality in alphabetical order by last name without political party or other designation.

(2) The Department of Elections shall:

a. Supervise the preparation of the voting machines so that the voter choices are accurately reflected on the ballot;

b. Provide the materials needed to prepare the voting machines for the election;

c. Deliver the voting machines, documents, forms, envelopes, and signs prior to the election and pick up the voting machines following the election.

d. Keep the voting machines used in an election sealed for at least 30 days following the election or until any election contest is settled, whichever is longer. If, however, these voting machines are needed for a primary or general election prior to the resolution of an election contest, the Department may print audit records, results, and ballot images from each voting machine. The Department shall seal these records in an appropriate container and retain them until the contest is resolved.

(3) Two members of the Board of Elections for a municipality conducting an election shall certify the voting machines to be used in the election prior to the voting machines being delivered to the polling place or places.

(4) Municipalities shall be responsible for providing pens, rubber bands, tape and other supplies needed at the polling place.

(f) Oath of Office. --

Before opening the election, the Inspector and any other appointed Election Officer shall subscribe to the following oath:

I do solemnly swear (or affirm) that in the election to be held on the

________ day of ________ A.D., I will not knowingly or willfully receive or

consent to the receiving of the vote of any person who is not a citizen, and

also that I will not receive or consent to the receiving of the vote of any

person whom I shall believe not entitled to vote, unless my associates shall

adjudge such person to be entitled to vote. That I will not receive or reject,

nor concur in receiving or rejecting any vote through partiality or under

bias, and that I will determine every matter that shall come before me and

perform every act and duty by law required of me, touching the election,

truly, faithfully and impartially, according to the best of my skill and

judgment; that I have not received, nor will I receive directly or indirectly

from or through any candidate to be voted for at such election, or any other

person, any money, pay or other valuable thing or reward; that I have not been

promised, or in any manner been led to believe that I will at any time

directly or indirectly receive any money, pay or other valuable thing or

reward from such candidate or other person other than that provided by law and

if I shall discover any partiality, unfairness or corruption in the conduct

of the election, I shall disclose the same to the Board of Elections that is

conducting the election and to the Attorney General to the end that the

subject may be investigated, so help me God (or so I solemnly affirm).

(g) Bribery. --

(1) No person who is accused of receiving or accepting or offering to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any municipal election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of this title.

(2) Such oath or affirmation shall be conclusive evidence to the Election Officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same.

(h) Polling Places. --

Polling places shall be convenient and readily accessible to the voters.

(i) Preparing the polling place prior to the election. --

(1) The Election Officers for each polling place shall arrive at least 1 hour prior to the time set for opening of the polls and shall proceed to arrange the furniture, documents, forms, envelopes, signs, posters and voting machines for the conduct of the election. They shall inspect the ballot cover and curtain of the machine or machines to make certain that machine or machines has not been damaged or tampered with in any manner. The Election Officers shall also take reasonable steps to ensure that no mirror or camera is in a position that would permit anyone to view the ballot.

(2) The Election Officers shall post or place the following posters and signs as follows:

a. In the voting room:

1. A voter information poster that includes information on voter eligibility, the date of the election and the hours that the polling places or places are open, general information on the right to vote, instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and general information on the prohibition of acts or frauds and misrepresentation;

2. A sample ballot; and

3. Instructions on how to use the voting machine.

b. At each voting machine:

1. A sample ballot; and

2. Instructions on how to use the voting machine.

c. At the entrance to the voting area:

1. A poster that indicates that the room or area is a polling place;

2. A voter information poster as described above; and

3. A sample ballot.

d. Signs marking the route between the entrance and the accessible entrance and the voting room.

e. A poster or other visible object at the entrance to the building used by voters and at the accessible entrance, if different, that marks the building as a polling place.

f. Outside of the building where the polling place is located:

1. Signs that mark that the building is a polling place;

2. Signs that mark the accessible route from parking to the accessible entrance; and

3. Signs that mark or point to the accessible entrance.

(3) The Department of Elections shall provide a Voting Machine Certificate that lists the serial number, ballot number, machine case seal number, printer door number and the protective counter number for each voting machine assigned to the district (where voting by district is permitted) or polling place. Each Election Officer shall witness and verify that the numbers listed on the Voting Machine Certificate are the same as the voting machine serial number, case seal number, printer door seal number, ballot number and protective counter number on the voting machine. If a number is different, the Inspector shall strike through the number, enter the appropriate correction and initial the entry on each of the certificates.

(4) The Election Officers shall then observe the opening of the polls procedure for each voting machine assigned to the district or polling place. If the light in the polls ready to open box on the officer's control panel is in any other but the top position prior to the Inspector pressing the open polls button, stop the procedure and contact the Board of Elections. The machine cannot be used. If, during the opening of the polls procedure, the paper tape shows "error all counters not zero," stop the procedure and contact the Board of Elections. The machine cannot be used. At the conclusion of the open polls procedure for each voting machine assigned to the district or polling place as appropriate, each Election Officer signs the paper tape. After the last Election Officer signs the paper tape, the Inspector shall close the write-in window. Each Election Officer shall then sign § 1 of the Voting Machine Certificate after any discrepancies that were observed were noted on the certificate.

(5) At the time the polls are scheduled to open, the Inspector shall admit voters and authorized challengers to the voting room.

(j) Voting procedure. --

(1) For municipalities using the State's voter registration information as the basis of permitting a person to vote: a person shall show proof of identity and address, the Election Officer shall circle the person's name on the Poll List, have that person sign the Voter Log, give the person an authorization to vote and direct that person to the voting machine.

(2) For municipalities that do not use the State's voter registration information: a person shall show proof of identity and address, the Election Officer shall then check the person's name and address against the municipality's registration list or if the municipality does not have a registration system, permit the person to vote if that person is otherwise eligible to vote, have the person sign the Voter Log, give the person an authorization to vote and direct that person to the voting machine.

(3) If the Election Officer determines that the person is not eligible to vote in the election, the Election Officer shall refer the person to the Inspector. The Inspector, after hearing and considering evidence, shall determine whether to permit the person to vote. Upon making the decision, the Inspector shall appropriately annotate the Poll List and/or Voter Log.

(4) If a person's eligibility to vote is challenged by anyone for any reason, the Inspector shall immediately hear and consider the evidence and then decide whether the person is eligible to vote. Once the Inspector has made that Inspector's decision, there is no appeal at the polling place.

(k) At the close of the polls; unofficial results. --

(1) Thirty minutes prior to the closing of the polls, the Inspector shall announce or have another Election Officer announce that the polls shall close in 30 minutes both in the voting room and outside of the entrance of the building used by voters.

(2) At the time that the polls close the Inspector shall announce or have another Election Officer announce that the polls have closed both in the voting room and outside of the entrance to the building used by voters. The Election Offices shall permit any person to vote who was in line at the time the polls closed.

(3) The Election Officers shall remove the cartridges and tapes from each voting machine, record the protective counter and seal numbers on the Voting Machine Certificate, close the voting machines, complete the Vote Tabulation for the election, and post a copy of the results tape from each voting machine on the door of the polling place.

(4) The Election Officers, as soon as possible after the polls have closed and the unofficial results announced, shall deliver all election documents, envelopes and absentee ballots to the municipality's Board of Elections.

(5) The municipality's Board of Elections shall secure the documents, envelopes and absentee ballots until such time that they need to canvass the election.

(l) A municipality shall reimburse the Department of Elections that provides the voting machines for its election such reasonable costs for services provided as established by the State Election Commissioner.

15 Del. C. § 7557

75 Del. Laws, c. 342, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 52, § 1; 77 Del. Laws, c. 227, § 2; 77 Del. Laws, c. 409, § 7.;