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SPONSOR: Sen. Cruce & Rep. Bolden
Sens. Hoffner, Seigfried, Sokola; Reps. Gorman, Harris,
Morrison
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 266
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Chapter 1, Title 15 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows and redesignating accordingly:
3 § 101. Definitions.
4 As used in For purposes of this title:
5 (1) “Adjudicate” means to determine how a person intended to vote on a ballot.
6 (2)a. “Ballot” means those portions of cardboard, paper or other material to be placed within the ballot frames
7 of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name
8 of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in
9 the name of any candidate of that voter’s choice for any office, and the statement of any question submitted with
10 provision for a “yes” or “no” vote. the physical or electronic document that a voter uses to identify the candidates for
11 whom the person is voting or how the person is voting on a ballot question in a referendum election. A “ballot” may be
12 further classified as follows:
13 1. “Absentee ballot” means a ballot that allows a voter to vote in an election without voting in-person
14 at a polling place.
15 2. “Primary ballot” means a ballot prepared for or used in a primary election.
16 3. “Provisional ballot” means a ballot used by an individual whose eligibility to vote in that election
17 has not been determined at the time of voting. A “provisional ballot” indicates the votes cast by an individual
18 if the individual’s eligibility to vote is confirmed.
19 4. “Rejected ballot” means a ballot that the Department determined is invalid or invalidly cast.
20 5. “Voided ballot” or “spoiled ballot” means a ballot that is declared void by the voter or the
21 Department after the ballot was issued to a voter but before the ballot was cast.
22 6. “Voted ballot” means a ballot that has been cast.
23 b. When used with a “ballot”, the following verbs mean as follows:
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24 1. “Cast” means to submit a ballot to the Department in an election with the intent that the votes
25 indicated on the ballot be counted when the results of the election are tabulated. “Cast a vote” means to “cast a
26 ballot”.
27 2. “Cure” means that a voter corrects an error or omission on a ballot that if not corrected, would
28 result in a rejected ballot.
29 (3) “Ballot question” means a proposal or other question submitted to voters at a referendum election.
30 (4) “Ballot stock” means a physical object intended for use as a ballot but on which the ballot has not yet been
31 printed.
32 (6) “Candidate” means an individual seeking public office.
33 (4) (8) “Commissioner” means the individual appointed as the State Election Commissioner. Commissioner
34 under Chapter 3 of this title.
35 (6) (10) “Department” means the State Department of Elections, consisting of the State Board of Elections
36 and such staff as the Board shall appoint under this title, but shall including the Commissioner, County Directors,
37 County Deputy Directors, and Department employees. “Department” does not include the State Election
38 Commissioner. The Department, under the direction of the Board of Elections, shall administer the election laws of this
39 State as defined in this title. Elections.
40 (11) “Election” means an organized contest to select an individual to hold a specific office or to make a
41 collective choice with respect to a specified question. “Election” may be further classified as follows:
42 a. “General election” means an election of final determination with respect to 1or more offices.
43 b. “Municipal election” means an election conducted under a municipal charter or under Chapter 75 of
44 this title.
45 c. “Primary election” means an election at which voters affiliated with a major political party may vote to
46 determine the nominees of that political party for offices at a general election. When used as a noun, “primary”
47 means “primary election”.
48 d. “Primary or general election” means a primary election or a general election.
49 e. “Referendum election” means an election that asks voters to indicate a choice of for or against, in
50 response to 1 or more ballot questions, including questions about tax levies, issuing bonds, or annexation. A
51 “referendum election” does not include the selection of a candidate for office.
52 f. “Scheduled election” means an election that is conducted at a regular interval on a day specified under
53 law.
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54 g. “School district election” means an election conducted under Title 14. A “school district election” may
55 be a scheduled election to select individuals to serve on the board of a school district or a referendum election.
56 h. “Special election” means an election to fill a vacancy that is conducted under a writ of election.
57 (8) (13) “Election Management System” refers to management system” means the computer programs
58 software programs, computer modules, and databases used and managed by the State Election Commissioner and used
59 by the State Election Commissioner and the Department of Elections to maintain voter registration records, to manage
60 absentee voting, maintain election officer information, maintain polling place information, structure elections and for
61 other purposes. to administer elections under this title.
62 (15) “General election year” means a year in which a general election must be held under § 1 of Article V of
63 the Delaware Constitution.
64 (16) “Primary ballots” means paper ballots used with ballot boxes or ballots used in voting machines.
65 (17) “Primary election” means an election at which voters registered as members of a major political party
66 may vote to determine the nominees of that political party for the general election.
67 (20) “Question” means any proposition or other question to be submitted to the voters.
68 (24) “Registered voter” means an individual on the Department’s voter registration list.
69 (25) “Registration list” or “voter registration list” means the list of individuals registered with the Department
70 to vote. The “registration list” is prepared by the Department from the voter registration records maintained in the
71 election management system.
72 (22) (27) “Registration record” or “voter registration record” means a voter’s registration record the
73 information about an individual collected by the Department and maintained in the State’s Election Management
74 System, the list or file of registered voters sent to each election district for use by election officers on the day of the
75 election, and until determined obsolete, it also applies to a voter’s record maintained in the county master file. election
76 management system, including all of the following:
77 a. Information collected through the individual’s voter registration application.
78 b. Information collected after the individual’s initial voter registration application.
79 c. If the individual has qualified to permanently vote on an absentee basis.
80 d. A record of each election in which the individual has voted.
81 (32) “Tabulation” means to count votes and includes all of the following:
82 a. Counting all ballots or votes.
83 b, Recording the numbers of votes cast by ballots.
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84 c. Confirming the count of ballots or votes.
85 (34) “Voting device” means equipment that allows a voter to cast a ballot and records that vote.
86 (35) “Voting equipment” means equipment, including hardware, firmware, software, machines, and voting
87 devices, that performs 1 or more of the following functions:
88 a. Allows a voter to cast a vote.
89 b. Tabulates votes.
90 c. Provides a definitive voter registration list to a poll worker.
91 § 103. Residence.
92 (a)(1) For purposes of this title or a school district election, an individual’s place of residence is the place in which
93 that individual’s habitation is fixed, and to which that individual has an articulable and reasonable intention of returning
94 whenever the individual is absent.
95 (2) A location can only be an individual’s place of residence if the individual physically inhabits the location
96 with the intention to remain at that place of residence indefinitely or for a fixed period of time. An individual cannot
97 gain residency at a location that the individual has not actually, physically inhabited, regardless of whether the
98 individual owns the real property at the location or intends to inhabit the location indefinitely in the future.
99 (3) If an individual maintains possession of the individual’s place of residence, obtaining a secondary
100 residence is not prima facie evidence of a change of residence.
101 (b) Residence must be broadly construed to provide all eligible voters with the opportunity to participate in the
102 democratic process. If an individual’s residence is not a traditional residence associated with real property, the individual’s
103 place of residence is the individual’s usual sleeping area or place of habitation.
104 (1) If an election district boundary crosses an individual’s place of habitation, the individual is a resident of
105 the election district that contains a majority of the area in that place of habitation. An accurate and current satellite
106 map or other similar presentation of an individual’s place of habitation and the election district boundary line is prima
107 facie evidence of the geographic location of an individual’s place of habitation.
108 (2)a. If there are multiple places of habitation to which an individual has the intention of returning, the
109 individual’s residence is the place of habitation where the individual resides most often.
110 b. The address on an individual’s driver’s license or state identification card is prima facia evidence of the
111 place of habitation where the individual resides most often.
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112 (c) If an individual maintains a reasonable and articulable intent to return to the individual’s community, an
113 individual does not lose their place of residence or become a resident at new location, solely on the basis that the individual
114 relocates for any of the following reasons:
115 (1) Attending a residential educational program, including post-secondary education and job training.
116 (2) Military service or other government employment.
117 (3) Incarceration.
118 (4) AmeriCorps, Peace Corps, or similar service organizations.
119 (5) Obtaining or providing medical care.
120 (d) Notwithstanding subsection (c) of this section and regardless of whether the individual maintains an intention
121 to return to their original community in the future, an individual’s place of residence changes and the individual establishes
122 a new place of residence if the individual takes any of the following actions:
123 (1) Inhabits a new location with the intention of remaining at the new location indefinitely.
124 (2) Registers to vote based upon residence at a new location.
125 (3) Votes based upon residence at a new location.
126 (e)(1)a. If an individual disputes the determination of the individual’s place of residence for purposes of registering
127 to vote or voting, the individual may submit a written appeal of that determination to the Commissioner. The Commissioner
128 may request documentation or other evidence in connection with this appeal.
129 b. The Commissioner shall promptly provide a written opinion on the individual’s place of residence and
130 the Commissioner’s written opinion is the final determination of the individual’s place of residence for purposes of
131 that dispute.
132 (2) A dispute regarding candidate residency requirements is resolved under § 3114 of this title.
133 §§ 103-120. §§ 104-120.
134 Transferred.
135 Section 2. Amend Title 15 of the Delaware Code by transferring Chapter 50A to Chapter 50 of Title 15 and then
136 by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating
137 accordingly:
138 Chapter 50. Electronic Voting Machines [Repealed] Systems
139 § 5000A. § 5001. Electronic voting system use.
140 In any general, special, or primary elections, An election conducted under this title an electronic voting system
141 must be used use an electronic voting system and must comply with the requirements of under this chapter.
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142 § 5001A. § 5002. Requirements.
143 (a) An electronic voting system may be adopted, purchased, or used if it meets must meet all of the following
144 requirements: following:
145 (1) Each voting device that is part of the electronic voting system must have comply with all of the following:
146 a. Have a serial number permanently attached to or stamped to on the device.
147 (2) b. Secure secrecy to the voter secrecy in during the act of voting for or against as many voting, including
148 the requirements under subsection (b) of this section.
149 c. Allow ballots to contain all of the following:
150 1. As many ballot questions as may be submitted. included in an election conducted in this State.
151 2. Candidates from as many parties that may be included in an election under this title.
152 (3) Permit d. Allow the voter to vote for cast votes as follows:
153 1. For the candidates of 1 or more parties, or to write any party on the ballot.
154 2. For candidates on the ballot who are not affiliated with a party.
155 3. By writing in the name or candidate of a declared write-in candidate.
156 4. By writing in the name of the voter’s choice for any office.
157 5. For or against each ballot question on the ballot.
158 (4) e. Permit the voter to vote for as many persons candidates for an office as for which the voter is lawfully
159 entitled to vote for, and the vote. The automatic tabulating equipment used in such the electronic voting systems shall
160 reject choices recorded on any system must prevent the voter from casting votes on a ballot card or any voting device if
161 the number of such choices for that office exceeds the number to for which a the voter is entitled. entitled to vote.
162 (5) f. Prevent the voter from voting for the same person candidate more than once for the same office.
163 (6) g. Permit the voter to vote for or against any ballot question the voter may have the right to vote upon, but
164 no other.
165 h.1. Prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch, or
166 other action.
167 2. Notwithstanding paragraph (a)(1)h.1. of this section, the voting device must provide a method, for
168 each party, that allows for voting for all presidential electors of that party by 1 mark, punch, or other action.
169 (7) (2)a. Permit each voter in a primary elections election to vote only for only the candidates of the party with
170 which the voter has declared designated in that voter’s own affiliation, and preclude the individual’s voter registration
171 record.
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172 b. Prevent a voter in a primary election from voting for any candidate seeking nomination by any other
173 political party.
174 (8) (3) Correctly record and accurately count all votes cast for any and all candidates of a political party, and
175 for or against any and all questions, and correctly record the names of all candidates written in by votes. as follows:
176 a. For each candidate on the ballot.
177 b. For each declared write-in candidate.
178 c. That are not for a candidate on the ballot or for a declared write-in candidate.
179 d. For or against each ballot question.
180 (9) Be provided with means for sealing the vote recording devices to prevent its (4) Allow each voting device
181 to be sealed in a manner that prevents the use of the voting device and to prevent prevents tampering with ballot labels,
182 both before labels as follows:
183 a. Before and after the polls are open or before open.
184 b. Before the operation of the vote recording voting device for any an election is begun and immediately
185 begins.
186 c. Immediately after the polls are closed or after the operation of the vote recording voting device for an
187 election is completed.
188 (11) Be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a
189 single mark, punch or other action; however, it shall be provided a device or method for each party, for voting for all
190 presidential electors of that party by 1 mark, punch or other action. [Transferred.]
191 (b) All voting devices used in any an election must be provided with side curtains and front shield to ensure that no
192 person can see or know for whom any voter has voted or is voting. have features that prevent another individual from
193 seeing the votes cast by the voter, except as necessary to allow an individual to assist a voter under § 4943 of this title.
194 (c) A At the time of purchase and before delivery to and acceptance by this State, a voting device or system
195 purchased by the State must be certified 1 or more of the following:
196 (1) Certified by the United States Election Assistance Commission, Commission (EAC), or designated federal
197 authority, as meeting or exceeding the voluntary voting systems standards or guidelines as promulgated by the United
198 States Election Assistance Commission, or designated federal authority, before delivery to and acceptance by the State.
199 EAC.
200 (2) Certified by the EAC, or designated federal authority, as meeting or exceeding the EAC’s voluntary voting
201 system guidelines version 2.0.
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202 (3) Substantially equivalent to voting devices already in use in this State that were acquired in compliance
203 with paragraphs (c)(1) or (c)(2) of this section.
204 (d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling
205 place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.
206 § 5002A. § 5003. Compliance guarantee.
207 Before any an electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or
208 manufacturing such that voting device system must give provide the Commissioner an adequate written guarantee in
209 writing and post a bond accompanied by satisfactory surety with the State Election Commissioner guaranteeing and
210 securing that such all of the following:
211 (1) That the voting system, including the voting devices devices, comply fully with all of the requirements
212 contained in § 5001A under § 5002 of this title and will correctly and accurately record every vote cast and further
213 guaranteeing such title.
214 (2) The voting device against defects in labor and materials for a period of 5 equal to either of the following:
215 a. Five years from the date of acquisition thereof, or, in the case of the Department receives the voting
216 devices.
217 b. For a rented voting devices, device, for the period of rental.
218 § 5004. Voting devices; software designations.
219 (a)(1) No later than July 1 of each odd numbered calendar year, the Commissioner shall designate the software and
220 version of that software (software) that must be used on the Department’s voting devices during the next statewide general
221 election.
222 (2) Voting devices must use the software designated under paragraph (a)(1) of this section for elections held
223 on or after September 1 of that calendar year.
224 (3) Voting devices may use the software installed under paragraph (a)(2) of this section for elections held
225 before September 1 of the next odd numbered calendar year.
226 (b) In addition to operating each voting device in compliance with the requirements under § 5003 of this title, the
227 software designated under paragraph (a)(1) of this section must meet all of the following criteria:
228 (1) Actively used in at least 2 other jurisdictions in the United States.
229 (2) Certified by 1 or more of the following:
230 a. The Election Assistance Commission.
231 b. A voting system testing laboratory accredited pursuant to the Help America Vote Act of 2002.
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232 (3) Approved for use by the manufacturer of the voting devices.
233 (c) If there are multiple versions of software that meet the requirements under subsection (b) of this section, the
234 Commissioner may select the software that the Commissioner determines is best suited to meet the requirements under this
235 title after considering all of the following:
236 (1) How recently each version was released.
237 (2) The experiences of other jurisdictions in the United States with the software under this subsection (c).
238 (3) The recommendations of the voting device manufacturer.
239 (4) The recommendations of Department employees.
240 (5) Any other factors that the Commissioner deems relevant.
241 (d) Notwithstanding subsection (a) of this section, at any time, the Commissioner may change the designated
242 software for the Department’s voting devices if necessary to address a material security flaw in the previously designated
243 software.
244 § 5003A. § 5005. Use of voting devices; costs in municipal elections. [Repealed.]
245 Electronic voting devices may be used throughout this State in all primary, general and special elections and in all
246 municipal elections in all incorporated cities and towns of this State. In the event no contest exists, in municipal elections
247 voting devices shall not be required. Voting devices may be used in elections held under Title 14. Incorporated cities or
248 towns may use voting devices in the custody of the Department upon payment of all costs and expenses incident to their
249 use.
250 § 5004A. § 5006. Number of voting devices per election district.
251 (a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650
252 registered voters assigned to that polling place, or majority fraction thereof.
253 (b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device
254 for every 800 registered voters assigned to that polling place, or majority fraction thereof.
255 § 5005A. § 5007. Printing of ballots; distribution of ballots. [Repealed.]
256 (a) [Repealed.]
257 (b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or
258 other designation for each political party represented on the device must appear on the ballot.
259 (2) The titles of offices may be arranged horizontally, with the names of candidates for an office arranged
260 vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates
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261 for an office arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on
262 the voting device as the number of candidates to be elected to that office.
263 (3) Except as otherwise provided under this chapter, the names of all candidates nominated by a party for an
264 office must always appear in the row or column containing generally the names of candidates nominated by the party
265 for other offices.
266 (c) Official ballots for voting devices shall be prepared and furnished by the Department in the same manner as
267 provided by law.
268 (d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically
269 generated and displayed or which has the capability to generate and display multiple ballots.
270 § 5006A. § 5008. Number of official ballots to be furnished [Repealed].
271 § 5007A. § 5009. Substitute ballots [Repealed].
272 § 5008A. § 5010. Preparation of voting devices.
273 (a)(1)a. The Department shall cause sufficent deliver the number of voting devices to be delivered required under
274 § 5006 of this title to the proper each polling places place before the time appointed for that the election officers are
275 required to report for duty.
276 b. The Department shall program each voting device delivered under paragraph (a)(1)a. of this section to
277 produce at least 2 copies of the paper tape showing the number of votes cast on that voting device for each
278 candidate and ballot question.
279 (2) The Before each election, the Department shall certify that each voting device to be used in an election
280 that will be delivered to a polling place has been properly prepared and inspected by doing all of the following before
281 each primary and general election: following:
282 a. Confirming that the most recent federally-approved all software is installed. installed on the voting
283 device is the software required under § 5004 of this title.
284 b. Checking the accuracy of the voting device by doing all of the following:
285 1. Simulating voting by entering sample votes on the voting device.
286 2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper
287 ballot totals to the totals kept by the voting device electronically electronically.
288 (b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the
289 ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political
290 party may designate 1 representative to be present during the inspection. [Repealed.]
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291 (c)(1) The Department shall designate at least 2 representatives of opposite political affiliation, other than the
292 person preparing the voting devices, individuals to do certify all of the following:
293 (1) Certify the a. The numbers on the voting devices and the election districts for which they are designated.
294 designated are correct.
295 (2) Certify that all b. All of the voting devices are in proper working condition.
296 (3) Certify that the c. All of the voting devices are properly sealed.
297 (2) The individuals designated under paragraph (c)(1) of this section cannot have the same party affiliation, as
298 recorded in each individual’s voter registration record.
299 (e) The (1) No more than 10 days before an election, the Department shall test all voting systems systems,
300 including the absentee ballot system, to ascertain confirm that the voting systems will accurately count the votes cast for all
301 offices candidates and on all ballot questions. Public
302 (2) The Department shall provide notice of the time and place of the test of both the voting device system and
303 the absentee ballot system must be published and a test must be conducted within 10 days before the election. tests
304 under paragraph (e)(1) of this section as follows:
305 a. Posting a public notice under § 10004 of Title 29.
306 b. Providing a copy of the public notice to the state chairperson of each party with a candidate on the
307 ballot.
308 (f) The certification required by under this section is a public record and must be available for inspection at the
309 Department. Department under the Delaware Freedom of Information Act, Chapter 100 of Title 29.
310 (g) The Department shall require that all persons a person with custody of the a voting devices, either for delivery
311 or storage before and after the election, shall ensure the voting devices’ device ensures the safety and protection. protection
312 of the voting device at all times, including all of the following:
313 (1) During delivery.
314 (2) Storage before the election.
315 (3) Storage after the election.
316 § 5009A. § 5011. Instruction model. [Repealed.]
317 § 5010A. § 5012. Inoperative voting devices.
318 (a) If a voting device becomes inoperative during the conduct of an election a voting device becomes inoperative,
319 election, the election officers shall seal it in such the voting device in a manner as to prevent that prevents further voting
320 thereon. on that voting device.
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321 (b) The Department shall maintain and hold in readiness a reasonable number of extra voting devices to that can be
322 supplied to election districts where a voting device has become inoperative, and the inoperative. The Department shall take
323 reasonable steps to ensure rapid delivery in such event. of these voting devices when needed.
324 § 5011A. § 5013. Voting device curtains; absentee voting [Repealed].
325 § 5012A. § 5014. Audits; audit discrepancy procedure. procedures.
326 (a) For purposes of this section, “audit” means counting (1) An audit of election results under this chapter (audit)
327 must count by hand the votes on each paper ballot from a voting device and comparing compare the paper ballot totals to
328 the totals kept by the voting device electronically.
329 (2) An audit completed under § 5015(b) or § 5016(c) of this title must include all ballots cast in a selected
330 election district, including ballots cast during early voting and absentee ballots.
331 (b) Within 48 hours of the certification of the results of the primary and general elections, and school board
332 elections conducted under Title 14, the Department shall audit the results of 1 randomly selected voting device in each
333 county and 1 randomly selected election district in the City of Wilmington. [Transferred.]
334 (c) Within 60 days of the certification of the results of the primary and general elections, and school board
335 elections conducted under Title 14, the Department shall conduct an audit of all such elections, as follows:
336 (1) The Department shall audit all results of 1 randomly selected election district in each county and 1
337 randomly selected election district in the City of Wilmington. An election district selected for audit under this
338 paragraph (c)(1) of this section must be different than the election districts selected under subsection (b) and paragraph
339 (c)(2) of this section.
340 (2) The Department shall audit the results of 1 randomly selected election district in each county and 1
341 randomly selected election district in the City of Wilmington in 1 randomly selected statewide race. An election district
342 selected for audit under this paragraph (c)(2) of this section must be different than the election districts selected under
343 subsection (b) and paragraph (c)(1) of this section. [Transferred.]
344 (d) The Department shall conduct an audit under this section in public. perform all of the following at a public
345 meeting conducted under § 10004 of Title 29:
346 (1) A random selection required for an audit under § 5015, § 5016, or § 5017 of this title.
347 (2) An audit under § 5015, § 5016, or § 5017 of this title.
348 (e)(1) Within 60 days of an audit under this section, chapter, the Department shall do all of the following:
349 (1) Publish complete a report containing that contains the results of the audit conducted under this section. that
350 audit.
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351 (2) Post a. The Department shall post the report required under paragraph (e)(1) of this section on the
352 Department’s website. website and submit the report to the Director and the Librarian of the Division of Legislative
353 Services and the Delaware Public Archives.
354 b. If the election results in the report were for an election held by a school district or municipality, the
355 Department must also submit the report to the chief officer of the jurisdiction in which the election was held.
356 (f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a
357 discrepancy, including discrepancy that include all of the following:
358 (1) The thresholds that trigger the Department or others to take a specific action.
359 (2) The specific actions to be taken by the Department or others once a threshold is triggered.
360 (3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the
361 future.
362 § 5015. Audits; elections for state or county offices.
363 (a) Within 48 hours of the certification of the results of an election for a state or county office, the Department
364 shall conduct an audit of all of the following:
365 (1) One randomly selected voting device in each county where the election was held.
366 (2) If the election included an election district with area in the City of Wilmington, 1 randomly selected voting
367 device in the City of Wilmington.
368 (b) Within 60 days of the certification of the results of an election for a state or county office, the Department shall
369 conduct an audit of all of the following:
370 (1)a. The results of all votes cast for all offices in 1 randomly selected election district in each county where
371 the election was held.
372 b. If the election included an election district with area in the City of Wilmington, the results for all votes
373 cast for offices in 1 randomly selected election district in the City of Wilmington.
374 (2) After an election for 1 or more statewide offices, the results of all votes cast for 1 statewide office as
375 follows:
376 a. One randomly selected election district in each county.
377 b. One randomly selected election district in the City of Wilmington.
378 c. The election district in New Castle County that is audited under paragraph (b)(2)a. of this section must
379 not include area in the City of Wilmington.
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380 (c)(1) An election district audited under paragraph (b)(1) of this section cannot be an election district from which a
381 voting device was selected under subsection (a) of this section.
382 (2) An election district audited under paragraph (b)(2) of this section cannot be an election district from which
383 a voting device was selected under subsection (a) or paragraph (b)(1) of this section.
384 § 5016. Audits; elections for City of Wilmington offices.
385 (a) This section applies to elections conducted for offices in the City of Wilmington under subchapter II of Chapter
386 75 of this title.
387 (b) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of
388 1 randomly selected voting device used for that election.
389 (c)(1) Within 60 days of the certification of the results of an election, the Department shall audit the results of all
390 votes cast in 1 randomly selected election district where the election was held.
391 (2) An election district audited under paragraph (c)(1) of this section cannot be an election district from which
392 the voting device was selected under subsection (b) of this section.
393 § 5017. Audits: school district elections.
394 (a) This section applies to school district elections conducted under Title 14.
395 (b) After an election for a school board member, the Department shall conduct audits as follows:
396 (1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the
397 results of 1 randomly selected voting device used for that election.
398 (2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all
399 votes cast in 1 randomly selected polling place where the election was held.
400 (3) A polling place audited under paragraph (b)(2) of this section cannot be the polling place from which the
401 voting device was selected under paragraph (b)(1) of this section.
402 (c) After a referendum election, the Department shall conduct audits as follows:
403 (1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the
404 results of 1 randomly selected voting device used for that election.
405 (2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all
406 votes cast in 1 randomly selected polling place where the election was held.
407 (3) A polling place audited under paragraph (c)(2) of this section cannot be the polling place from which the
408 voting device was selected under paragraph (c)(1) of this section.
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409 Section 3. Amend § 4972, Title 15 of the Delaware Code by making deletions as shown by strike through and
410 insertions as shown by underline as follows and redesignating accordingly:
411 § 4972. Rules regarding what constitutes a legal vote.
412 (a)(1) Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast
413 a ballot.
414 (2) A voter who has cast a ballot on a voting device may not be permitted to cast a second ballot under any
415 circumstances.
416 (3) The paper ballot reflecting the voter’s choices is the legal voted ballot of record.
417 (b)(1)a. Votes cast at any election on voter-marked paper by absentee ballots must be counted for whom as the
418 votes are intended intended as far as can be ascertained by the marks on the ballot. The following rules must be observed in
419 determining those votes on paper ballots that must be counted:
420 (1) b. The voter shall mark the ballot for the voter’s selections on the absentee ballot as instructed.
421 (2) If the ballot scanning device is unable to determine the voter’s intent, a team of election judges reviews
422 and adjudicates the votes on the absentee ballot. A team of election judges (election judges) may be either of the
423 following:
424 a. A team of election judges under § 5510 of this title.
425 b. The County Director and County Deputy Director.
426 (3) Election judges shall adjudicate the votes on an absentee ballot as follows:
427 a. Where a voter indicates the voter’s own selections in a manner not in accordance that does not comply
428 with paragraph (b)(1) (b)(1)b. of this section, the election officers judges shall attempt to determine from the
429 marks on the ballot the candidate or response to a ballot question that the voter intended to select.
430 (3) b. If it is not possible to determine a voter’s choice for an office or response to a ballot question, the
431 ballot may not be counted for that office or ballot question but must be counted for all other offices and ballot
432 questions on the ballot where the voter’s intention can be determined.
433 (4) c. A voter may only vote for 2 or more choices for any office or ballot question when specifically
434 instructed on the ballot that it is allowable. allowed in the instructions on the ballot.
435 (5) Where d. When a voter is permitted to may make more than 1 choice for candidates and or responses
436 to an office or a ballot question, the voter may make fewer than the allowable total number of choices. choices
437 allowed.
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438 (6) e. If a ballot is marked for more names or responses than are permitted, it must not be counted choices
439 than allowed under paragraph (b)(3)c. of this section, all of the following apply:
440 1. The votes for that office or question, but it ballot question are not counted.
441 2. The votes for all other offices or ballot questions on the ballot must be counted for all other offices
442 or questions on the ballot in accordance with the rules or adjudicated as required under this section.
443 (7) f. If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for 1 or
444 more offices or questions, it must not be counted for the offices or questions but must be counted an office or a
445 ballot question, all of the following apply:
446 1. The vote for that office or ballot question is not counted.
447 2. The votes for all other offices and ballot questions on the ballot where the voter’s choice or
448 choices can be determined. determined must be counted or adjudicated as required under this section.
449 (8) The g. A misspelled, incomplete, or minor variation of the name of a declared write-in candidate for
450 an office must be counted as a vote for that candidate if the any of the following apply:
451 1. The name as written bears a reasonable resemblance to the declared candidate’s name and no other
452 declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable
453 doubt as to the voter’s intention. Additionally, writing in the
454 2. The last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more
455 candidates for that office with the same last name.
456 (9) h. Writing in the name of either a candidate for President or Vice President constitutes a valid vote for
457 the slate. all presidential electors of that party.
458 (4) When adjudicating the votes on an absentee ballot under paragraph (b)(3) of this section, the election
459 judges must try to reach a decision by consensus. If the election judges cannot reach consensus, the following steps
460 apply:
461 a. If the election judges are a team under § 5110 of this title, the election judges must confer with the
462 County Director and County Deputy Director, who shall attempt to help the election judges reach a consensus
463 decision.
464 b. If the election judges are a team under paragraph (b)(2)b. of this section or the election judges do not
465 reach a consensus decision after the discussion under paragraph (b)(4)a. of this section, the County Director and
466 County Deputy Director must confer with the Commissioner and the Commissioner makes the final determination.
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467 Section 4. Amend Chapter 55, Title 15 of the Delaware Code by making deletions as shown by strike through and
468 insertions as shown by underline as follows and redesignating accordingly:
469 § 5509. Procedure on receipt of ballot envelope by Department.
470 (a) Upon receipt of a ballot envelope the Department, or a person authorized by the Department, shall: Department
471 shall do all of the following:
472 (1) Ascertain the names name of each elector as they appear voter as it appears on the face of each ballot
473 envelope; envelope.
474 (2) Ascertain from the information on the ballot envelope the election district with whose votes the ballot
475 within it shall be tallied; and will be tallied.
476 (3) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is
477 counted.
478 (4) If a ballot envelope fails to comply with a requirement under § 5507 of this title, the Department shall
479 indicate on the ballot envelope that the ballot is deficient and the reason.
480 (b) No member of the Department (the director or any other person) shall open may do any of the following:
481 (1) Open or attempt to open the ballot envelope, or change or alter envelope.
482 (2) Except as required under paragraph (a)(4) of this section, change, alter, or attempt to change or alter the
483 ballot envelope, or including any writing, printing or anything whatsoever thereon. writing or printing on the ballot
484 envelope.
485 § 5509A. Curing deficient ballot envelopes; procedure.
486 (a) The Department shall offer a voter an opportunity to cure a returned ballot if the voter has failed to do any of
487 the following:
488 (1) Sign the self-administered oath as required under § 5507(2) of this title.
489 (2) Seal the ballot envelope as required under § 5507(3) of this title.
490 (b) A voter may cure a ballot as follows:
491 (1) By signing the self-administered oath.
492 (2) By sealing the ballot envelope.
493 (c) The Department shall attempt to notify the voter by phone or email of the deficiency under subsection (a) of
494 this section and of the action that the voter can take to correct the deficiency.
495 (d)(1) If a returned ballot is cured before the polls close on the day of the election, the ballot must be processed
496 and included in the tabulation.
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497 (2) A ballot that is cured under this section has not been changed, tampered, or altered for purposes of §
498 5509(b) or § 5514(a)(5) of this title.
499 § 5510. Opening and preparing absentee ballots for tabulation.
500 (a)(1)a. The Department may open ballot envelopes and prepare the ballots for tabulation as set forth in this
501 section in public meetings beginning 30 days before the day of the election. election at public meetings conducted under §
502 10004 of Title 29.
503 b. At the end of every day, and during any pause in the process under this section, all ballots must be
504 placed in secure containers and stored in locked cabinets until opened in a subsequent public meeting for the
505 completion of processing under this section.
506 (2) The Department shall notify each party with a candidate on the ballot that they may have challengers
507 present at the meetings. The challengers may challenge ballots as provided elsewhere in this title. public meetings
508 under paragraph (a)(1)a. of this section.
509 (b) The Department shall appoint teams of election judges (election judges) to fulfill the duties set forth in under
510 this section. No more than half of the judges on a team may be registered with any 1 party. A single team may not handle or
511 process ballots or ballot envelopes for more than 1 election district at a time. have the same party affiliation, as recorded in
512 each individual’s voter registration record.
513 (c) The teams election judges shall select ballot envelopes in order of election districts within the county and check
514 them off against the list of absentee voters. For each ballot envelope, the election judges shall ascertain whether a challenge
515 has been made pursuant to under this chapter. title.
516 (d) Ballots that are not challenged shall then be separated from the ballot envelopes and the ballot envelopes shall
517 be separately stored in a secure location.
518 (1) If a team the election judges determines that an original ballot will not be readable by the tabulating
519 equipment, it they shall duplicate the ballot as follows:
520 a. The team election judges shall assign the same unique identifier to the original ballot and the duplicate
521 ballot.
522 b. The team election judges shall duplicate the original ballot by marking the duplicate ballot according to
523 the voter’s intent as shown on the ballot marked by the voter. If a team the election judges cannot determine a
524 voter’s intent, they the election judges shall consult the county director County Director and deputy county
525 director County Deputy Director for advice and guidance. guidance on how to adjudicate the votes on the ballot
526 under § 4972 of this title.
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527 c. After the team has election judges have duplicated any ballots necessary for an election district, the
528 team election judges shall put the original ballots in a separate envelope separate, secure container to be securely
529 stored. The duplicate ballot shall must be placed with all other ballots for the same election district for further
530 processing.
531 (2) If a ballot contains a write-in vote, the team election judges shall record the proper notations of such for
532 write-in votes in the election records for the election district in which an absentee voter is registered to vote.
533 (e) When a team has the election judges have completed the steps set forth in under subsections (c) and through (d)
534 of this section, a team the election judges shall scan the ballots for tabulation using the ballot scanning devices located in
535 the county elections office.
536 (f)(1) After the completion of the process set forth in under this section, the teams election judges shall secure do
537 all of the following:
538 a. Secure the ballots in a carrier envelope, seal secure container.
539 b. Seal the carrier envelope, and each member of the team shall secure container.
540 c. Each election judge must sign the member’s their name on the outside of the carrier envelope, secure
541 container, affirming that the team election judges sealed the envelope container and that the envelope container
542 contains ballots for the election district to which the envelope container is assigned. Each carrier envelope
543 (2) A secure container under paragraph (f)(1) of this section must contain absentee ballots for no more than 1
544 election district and only 1 carrier envelope secure container may be filled at a time. Each signed and sealed envelope
545 shall container must be placed in a secure location until such time as it is required to be moved or destroyed under §
546 4980 of this title or other legal process.
547 (2) At the end of every day, and during any pause in the process set forth in this section, all ballots shall be
548 secured in carrier envelopes and be stored in locked cabinets until opened in a subsequent public meeting for the
549 completion of processing under this section.
550 (g) The results of the absentee ballots shall must not be extracted or reported before the polls have closed on the
551 day of the election.
552 Section 5. Amend § 3114, Title 15 of the Delaware Code by making deletions as shown by strike through and
553 insertions as shown by underline as follows and redesignating accordingly:
554 § 3114. Candidate residency requirements.
555 (a) Each candidate shall provide the Commissioner of Elections with all of the following information and
556 documentation:
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557 (1)a. A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the
558 candidate’s primary residential address. This affidavit shall must state that it is being signed by the candidate under
559 penalty of perjury.
560 b. For purposes of this section, “primary residence” or “primary residential address” means the
561 candidate’s place of residence under § 103 of this title.
562 (e) For the purposes of this section:
563 (1) “Commissioner” means the Commissioner of Elections.
564 (2) “Primary residence” or “primary residential address” means the candidate resides at that address.
565 [Transferred.]
566 Section 6. Amend § 4508, Title 15 of the Delaware Code by making deletions as shown by strike through and
567 insertions as shown by underline as follows:
568 § 4508. Certificates of the vote cast in each election district.
569 The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the
570 number of votes cast for each candidate on each voting machine. [Transferred.]
571 Section 7. Amend § 4941, Title 15 of the Delaware Code by making deletions as shown by strike through and
572 insertions as shown by underline as follows:
573 § 4941. Residency of voter.
574 If a vote is objected to for the reason that the person individual is not a bona fide resident of the election district in
575 whose record that person’s name appears, listed in that individual’s voter registration record, the individual’s place of
576 residence is determined under § 103 of this title and the following rules shall apply:
577 (1) If any person an individual who has resided within this State actually moves outside this State with the
578 intention of remaining there for an indefinite time as a place of present domicile, such person shall lose that person’s
579 own and establishes a new place of residence under § 103(d) of this title, the individual loses their qualification of
580 residence within the State, notwithstanding any floating intention that person may entertain to return at some future
581 time. this State.
582 (2) A person An individual registered to vote in the this State who has moved from an address or a place of
583 residence located within 1 election district within the this State to another address or a new place of residence within
584 another elections a different election district within the this State shall be permitted to vote at the polling place for that
585 person’s individual’s new residence or address. place of residence.
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586 Section 8. Amend § 4948, Title 15 of the Delaware Code by making deletions as shown by strike through and
587 insertions as shown by underline as follows and redesignating accordingly:
588 § 4948. Provisional ballots.
589 (a) Provisional ballots shall must be used in primary and general elections conducted under the provisions of this
590 title. Provisional ballots shall not be used in public school elections or municipal elections unless specifically authorized in
591 Title 14, Title 15 and/or the respective town or city charter. for federal offices.
592 (b) A person (1) An individual claiming to be properly registered in an election district, but whose eligibility to
593 vote at that election district cannot be determined, shall be is entitled to vote cast a provisional ballot. ballot for the federal
594 offices on the ballot in that election.
595 (2) Election officers shall inform a person an individual who is not being permitted to vote vote, for whatever
596 reason any reason, that the person individual may cast a provisional ballot for the federal offices on the ballot in that
597 election.
598 (3) The inspector shall return all voted provisional ballots to the Department on the night of the election.
599 (c) Persons (1)a. An individual voting a provisional ballot shall must present proof of identity and address to the
600 election officers. The type of ID shown by the voter shall be annotated
601 b. The election officers shall indicate the form of the proof provided under paragraph (c)(1)a. of this
602 section on the provisional ballot envelope. If the person
603 (2) Notwithstanding paragraph (c)(1) of this section, if the individual does not show proof of identity or
604 address, the person shall individual must be permitted to vote by provisional ballot and the fact ballot. The election
605 officers shall indicate that the person individual did not show proof of identity and/or address shall be annotated or
606 address, or both, on the provisional ballot envelope.
607 (d) If the Superior Court or another court of competent jurisdiction orders that some or all polling places in a
608 county of the state be kept open beyond the normal time for closing, all persons who arrive to vote at the polling place or
609 places ordered to be kept open after the normal time for closing shall vote by provisional ballot. The election officers shall
610 keep such ballots separate and return them to the Department on the night of the election. [Repealed].
611 (e) Provisional ballots shall be as much as possible (1) A provisional ballot must be labeled as a provisional ballot
612 and to the extent possible, must be in the same form as absentee ballots except that only ballots for the federal offices shall
613 be listed and they shall be labeled as provisional ballots. on the ballot in that election.
614 (2) For a general and special elections, the departments election, the Department shall provide a minimum of
615 10 blank provisional ballots to each election district, a district and additional blank provisional ballots as follows:
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616 a. A minimum of 20 blank provisional ballots to election districts with 3 or more assigned voting
617 machines, and a devices.
618 b. A minimum of 30 blank provisional ballots to election district with 4 or more assigned voting
619 machines. devices.
620 (3) For a primary election, each department the Department shall develop a standard appropriate for the
621 respective primary. to determine the number of provisional ballots that should be provided.
622 (4) The Department shall deliver additional provisional ballots, envelopes, instructions instructions, or voter
623 information sheets to the polling place for an election district when notified by an election officer from the district that
624 the supply of some or all of the provisional ballot materials is very low.
625 (f) Election officers shall give whatever assistance is requested by a voter an individual who is voting by
626 provisional ballot. When that the assistance the voter requests includes marking or assisting in marking the person’s
627 individual’s ballot, 2 election officers with different political party affiliations shall provide that assistance.
628 (g) A voter An individual who spoils that voter’s their own provisional ballot shall, must upon request, be given a
629 replacement ballot after surrendering the spoiled ballot.
630 (h) Tallying provisional ballots.
631 (1) The day following an election in which provisional ballots were used, the Department shall meet to
632 examine the provisional ballots, determine which of the those ballots should be tallied in accordance with the rules
633 stated below, under paragraphs (h)(2) through (h)(8) of this section, and then tally those ballots.
634 (2) The Attorney General shall appoint a Deputy Attorney General to advise the Department as requested
635 during the provisional ballot tallying process.
636 (3) The county chairperson of each political party with a candidate on a provisional ballot within the county
637 may appoint in writing appoint, in writing, 1 observer to be in the room where provisional ballots are being reviewed
638 and tallied.
639 (4) The Department shall sit until the disposition of every provisional ballot has been determined. The
640 Department shall establish an appropriate schedule of breaks, meals meals, and rest periods.
641 (5) Where If the provisional ballot affidavit is incomplete, the provisional ballot shall must be set aside, must
642 not opened be opened, and the votes not tallied. An incomplete affidavit shall be defined as one is an affidavit that does
643 not include all of the following information: full name, complete address, political party affiliation (primary elections
644 only), and date information about the individual who voted by that provisional ballot:
645 a. Full name.
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646 b. Complete address.
647 c. If a primary election, political party affiliation.
648 d. Date of birth.
649 (6) Where If the person individual who voted by provisional ballot did not show suitable identification at the
650 polling place, the ballot shall must be set aside, must not opened be opened, and the votes not tallied.
651 (7) Provisional ballots A provisional ballot cast by persons an individual who are is not registered to vote in
652 the state this State or who are is not registered to vote in the election district in which they were the provisional ballot
653 was cast shall must be set aside, must not opened be opened, and the votes not tallied.
654 (8) A provisional ballot cast by a person an individual who is registered to vote and who has moved into the
655 election district shall be counted if the person individual voted at the correct polling place for that person’s individual’s
656 new address.
657 (9) The Department shall tally the provisional ballots that meet the above criteria. requirements under
658 paragraphs (h)(2) through (h)(8) of this section.
659 (10) After all of the provisional ballots determined as meeting the above criteria have been tallied, completing
660 the tally under paragraph (h)(9) of this section, the Department shall do either of the following:
661 a. For a primary election, canvass the provisional ballots.
662 b. For a general election or a special election, deliver 1 all of the following to the Prothonotary:
663 1. One copy of the provisional ballot tally sheet for each Election District, all the election district.
664 2. All provisional ballots cast in the election, and all election.
665 3. All affidavits, envelopes envelopes, and supporting documentation to the Prothonotary.
666 documentation.
667 (i) Post election processing and notification.
668 (1) As soon as practical, but not later than 30 days following an election in which provisional ballots were
669 used, the Department shall enter the appropriate data into a free access system so that a person an individual who
670 voted by provisional ballot may determine whether or not that person’s if their ballot was counted, and if it was not
671 counted, the reason or all of the reasons for which it was not counted.
672 (2)a. The Department shall use the provisional ballot affidavit as authority to register a person an individual
673 to vote who after the individual voted by provisional ballot in an election and who if all of the following apply:
674 1. The individual is not already registered to vote providing that the vote.
675 2. The minimum information required to register a person an individual to vote is provided.
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676 b. The Department shall use the provisional ballot envelope shall be used to transfer a registered voter’s
677 address and/or update the registered voter’s name when the address and/or name to update all of the following if
678 the information is different than the information on the person’s individual’s voter registration record. record:
679 1. The registered voter’s name.
680 2. The registered voter’s address.
681 Section 9. Amend § 4980, Title 15 of the Delaware Code by making deletions as shown by strike through and
682 insertions as shown by underline as follows:
683 § 4980. Return and custody of voting devices, media containing election results, and ballot container.
684 (b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the
685 voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation
686 extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election.
687 During this period, the voted paper ballots and all documentation extracted from the media containing the election results
688 may be inspected for the purpose of conducting an audit under Chapter 50 of this title or by any duly authorized member or
689 agent of the General Assembly, Assembly or the Attorney General, or the Department for the purpose of conducting an
690 audit under § 5012A of this title. General.
SYNOPSIS
This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of
elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so
that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act
are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of
residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or
curing deficient absentee ballots.
Section 1 revises the terms and definitions for Title 15 as follows:
• Repeals obsolete terms.
• Revises current terms and definitions to accurately reflect the organization of the Department of Elections
(Department), the use of electronic voting systems, and conform to drafting standards.
• Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s
election laws.
Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a
candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed
and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible
voters with the opportunity to participate in the democratic process. This section specifically provides for all the following:
• An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional
residence associated with real property.
• An individual does not lose their place of residence if the individual intends to return after an absence, such as
for education, military service, incarceration, or obtaining or providing medical care.
• If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is
not prima facia evidence of a change in residence.
• An individual’s residence changes and the individual forms a new residence if the individual inhabits a new
location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on
residence at a new location.
• How a dispute regarding an individual’s place of residence is determined and appealed.
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Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the
clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with
these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c.
170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices
have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing
improvements to voting technology. Specifically, these updates:
• Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15.
• Provide for the designation of the software, which includes the version of that software, that must be installed on
voting devices before each statewide general election.
• Expands the criteria that must be considered when designating the software that must be used on voting devices,
including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides
certainty and stability instead of relying on the continued existence of a federal certifying entity.
• Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner
(Commissioner) must designate the software required for the next statewide general election and that this software can be
used for elections held during the next 2 years.
• Explicitly allows the Commissioner to change the designated version of voting device software if necessary to
address a material security flaw in the previously designated software.
• Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15.
• Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals
language about party designees that is obsolete because this testing is open to the public.
• Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections.
The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits).
The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or
county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections.
• Repeals provisions that unnecessarily repeat requirements in other sections.
Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee
ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section
1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot
scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for
tabulating absentee ballots under § 5510 of Title 15.
Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under
Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure
requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity
to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also
revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15.
Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the
revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically,
Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to
align with the revisions under Section 1 of this Act.
Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15.
Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the
revisions under Section 1 of this Act.
Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows:
• Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act.
• Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is
followed for primary elections and repealing confusing language.
• Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open
beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot.
Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of
Title 15.
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5971530105
Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the
Delaware Legislative Drafting Manual.
Author: Senator Cruce
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5971530105Every fact on this page links to its source, starting with the official bill record.