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SPONSOR: Sen. Buckson & Sen. Cruce & Rep. Bolden &
Rep. Michael Smith
Sens. Pettyjohn, Wilson; Rep. Morrison
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 329
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTION RESULTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 101, 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 (28) “Tabulation” means to count votes and includes all of the following:
6 a. Counting all ballots or votes.
7 b. Recording the numbers of votes cast by ballots.
8 c. Confirming the count of ballots or votes.
9 Section 2. Amend Chapter 57, Title 15 of the Delaware Code by making deletions as shown by strike through and
10 insertions as shown by underline as follows and redesignating accordingly:
11 § 5701. Superior Court as board of canvass; convening and composition of Court.
12 (a)(1)a. The Superior Court (Court) shall convene in each county on the second day after the general election at 10
13 a.m., for the performance of the Court’s duties imposed upon it by under § 6 of article V of the Delaware Constitution of
14 this State and by under this chapter. Thereupon the Court,
15 b. The Court may perform the duties under this chapter with the aid of such of it’s the Court’s officers
16 and such sworn assistants as it shall appoint, appointed.
17 (2) The Court shall publicly ascertain the state certify the results of the election throughout the county and in
18 the respective election districts by calculating the aggregate amount of all the votes for each office that shall have been
19 given in all of the election districts of the county for every person voted for such office. for the county after tabulating
20 all votes cast in each election district, for each individual, for each office on the ballot, using the material provided by
21 the Department under paragraph (a)(3) of this section.
22 (3) For this purpose, the Court shall utilize the voting machine recording tapes, voting machine certificates,
23 absentee vote tally sheets and write-in vote tally sheets for each election district provided by the Prothonotary and the
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24 Department, whose The Department shall provide the Court with all of the following for each election district in the
25 county for the election:
26 a. The report of the votes cast on each voting device used at a polling place.
27 b. The voting device certificates for each polling place.
28 c. Absentee vote reports.
29 d. Write-in vote reports.
30 e. Absentee ballots.
31 f. Early voting ballots.
32 g. Provisional ballots.
33 (4) The Department’s representatives shall sit as observers and assistants to the Court during said calculation
34 the tabulation of the vote. vote under this section.
35 (b) For the purposes of this chapter, the Superior Court shall consist in
36 (1) The “Superior Court” means as follows:
37 a. In New Castle County of County, the President Judge and the Resident Judge; in Judge.
38 b. In Kent County of County, the Resident Judge and a Judge designated by the President Judge; and in
39 Judge.
40 c. In Sussex County of County, the Resident Judge and a Judge designated by the President Judge. For the
41 purpose of this chapter, the
42 (2)a. The Superior Court in each county, as so constituted, defined under paragraph (b)(1) of this section, shall
43 be a board of canvass the “board of canvass” for the respective counties of this State.
44 b. If a senatorial or representative district for the General Assembly is located in 2 or more counties, the
45 Superior Court shall tabulate the votes cast under § 5715 of this title.
46 § 5702. Duties of Court.
47 (a) Whenever the voting machine recording tapes, voting machine certificates, absentee vote tally sheets, write-in
48 vote tally sheets and absentee ballot box If any of the material under § 5701(a)(3) of this title for any election district are
49 have not been produced when the Court convenes under § 5701(a)(1)a. of this title or whenever if any voting machine
50 device is not available by 12:00 noon, the Court may issue summary process against the election officers of such that
51 election district district, or any other persons persons, to bring such the documents or objects forthwith into the Court or to
52 make them available for inspection by the Court.
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53 (b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any
54 such document, or if fraud, mistake mistake, or omission is apparent on the face of such a document, the Court shall: shall
55 do all of the following:
56 (1) Open and examine the necessary voting machines and/or absentee ballot boxes; Examine any ballots as
57 necessary.
58 (2) Make a recount of Recount the votes contained therein; in the voting material examined.
59 (3) Correct any fraud, mistake mistake, or omission in any document or paper relating to the election.
60 (d)(1) The Department shall provide the Court shall also receive from the Department with a report of the number
61 of absentee ballots delivered to each election district, from which it district.
62 (2) The Court shall determine and make certain that all these of the ballots in the report received under
63 paragraph (d)(1) of this section are recorded on the absentee vote tally sheets report for each election district receiving
64 absentee ballots, either in the total number of ballots counted or in the number of ballots rejected.
65 § 5703. Vote required for election.
66 In all elections, unless it be is otherwise expressly provided, a plurality or the highest number of votes shall make a
67 choice, except where this principle is defeated by 2 or more persons having individuals receiving the same and the highest
68 number of votes for the same office.
69 § 5704. Votes for President and Vice-President Vice President as votes for their electors.
70 The Court shall calculate the votes given for the candidates for President and Vice-President Vice President of a
71 political party as votes given cast for each and all the electors of President and Vice-President Vice President of such that
72 party, the names of whom are on file with the State Election Commissioner and as certified to the Court by the State
73 Election Commissioner, and the Court shall make its certificates accordingly accordingly, in the form and manner provided
74 by §§ 5705-5707 under § 5706 and § 5707 of this title.
75 § 5705. Certificates of the results of the election; number required.
76 (a) After the state of the election has been ascertained by calculating the votes, the Court shall make, under the seal
77 of the Court, the certificates of the results of the election as provided in this section and §§ 5706 and 5707 of this title.
78 (b) The number of such certificates to be prepared by the Court for each office shall be as follows:
79 Electors for President and Vice-President of the United States, 3;
80 Governor, 4;
81 Lieutenant Governor, 4;
82 Senator in the Senate of the United States, 2;
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83 Representative in the House of Representatives of the United States, 2;
84 Attorney General, 4;
85 Insurance Commissioner, 4;
86 State Treasurer, 4;
87 Auditor of Accounts, 4;
88 Senator to the General Assembly, 2 for each Senator;
89 Representative to the General Assembly, 2 for each Representative;
90 Clerk of the Peace, 2;
91 Register of Wills, 2;
92 Recorder, 2;
93 Levy Court Commissioner, 1 for each Commissioner;
94 Receiver of Taxes and County Treasurer, 1;
95 Sheriff, 2;
96 County Executive of New Castle County, 1;
97 County Council member of New Castle County, 1 for each Council member;
98 County Council member of Sussex County, 1 for each Council member. [Repealed.]
99 § 5706. Form of certificates.
100 (a) The certificates of the Court of the results of the election in its county may must be according to the following
101 form or be substantially similar to the following form:
102 The State of Delaware, ________________________________ County, ss.
103 Be it Remembered, that at the general election held on the Tuesday next after the first Monday in November, in
104 the year of our Lord Two Thousand and ________________ for ________________________________ County, according
105 to the Constitution and laws of the State of Delaware (here insert, to wit: If the certificate be of an election of electors of
106 President and Vice President, of Governor and Lieutenant Governor, of Senator in the Senate of the United States, of
107 Representative in Congress, of Attorney General, of Insurance Commissioner, of State Treasurer, of Auditor of Accounts,
108 the number in words at length of votes given for each person voted for, for such respective offices; if the certificate be of an
109 election of Senator or Representative in the General Assembly, or, of clerk of the peace, of register of wills, of recorder, of
110 Levy Court Commissioner or Commissioners, of receiver of taxes and county treasurer, of sheriff, of county executive, of
111 county council member, the information required under subsection (b) of this section for each office and the names of the
112 persons individuals elected), which is manifest by calculating and ascertaining the aggregate amount tabulating of all votes
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113 given cast for each person individual voted for in all the election districts of the county, according to the provisions made
114 by law in this behalf. county.
115 In testimony, whereof, we ________________________________ and ________________________________
116 constituting the Superior Court for ________________________________ ________________________________
117 County, who have met and ascertained the state certified the results of the election throughout the said County, this county,
118 as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the
119 Court House in said County, courthouse in this county, on this ________ day of November, A. D. ________.
120 (b) The manner of making the insertion may be under subsection (a) of this section is as follows:
121 In case of Electors (1) If the certificate is of electors of President and Vice President President, the number of
122 votes cast for each Elector, as follows:
123 ________ votes were given cast for ________________________________ for Elector Elector.
124 ________ votes were given for ________________________________ for Elector and so on, naming each
125 person voted for.
126 In case of Governor (2) If the certificate is of an election of Governor, Lieutenant Governor, Senator in the
127 Senate of the United States, Representative in Congress, Attorney General, Insurance Commissioner, State Treasurer,
128 or Auditor of Accounts, the number of votes cast for each individual voted, for each office, as follows:
129 ________ votes were given for ________________________________ for Governor (office)
130 ________ votes were given for ________________________________ for Governor and so on, naming each
131 person voted for.
132 In case of Lieutenant Governor
133 ________ votes were given for ________________________________ for Lieutenant Governor
134 ________ votes were given for ________________________________ for Lieutenant Governor and so on,
135 naming each person voted for.
136 In case of Senator in the Senate of the United States
137 ________ votes were given for ________________________________ for United States Senator
138 ________ votes were given for ________________________________ for United States Senator and so on,
139 naming each person voted for.
140 In case of Representative to Congress
141 ________ votes were given for ________________________________ for Representative to Congress
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142 ________ votes were given for ________________________________ for Representative to Congress and so
143 on, naming each person voted for.
144 In case of Attorney General
145 ________ votes were given for ________________________________ for Attorney General
146 ________ votes were given for ________________________________ for Attorney General and so on,
147 naming each person voted for.
148 In case of Insurance Commissioner
149 ________ votes were given for ________________________________ for Insurance Commissioner
150 ________ votes were given for ________________________________ for Insurance Commissioner and so
151 on, naming each person voted for.
152 In case of State Treasurer
153 ________ votes were given for ________________________________ for State Treasurer
154 ________ votes were given for ________________________________ for State Treasurer and so on, naming
155 each person voted for.
156 In case of Auditor of Accounts
157 ________ votes were given for ________________________________ for Auditor of Accounts
158 ________ votes were given for ________________________________ for Auditor of Accounts and so on,
159 naming each person voted for.
160 In case of (3) If the certificate is of an election of Senators to the General Assembly Assembly, the name of
161 each individual elected to the Senate, as follows:
162 ________ was duly elected Senator for the ________________________________ Senatorial District for said
163 ______________________________ County in the General Assembly, (and so on, giving certificates for each Senator
164 elected in the respective senatorial districts of the county) and was duly elected Senator for the
165 ________________________________ Senatorial District for said ______________________________ County in
166 lieu of ________________________________ late Senator for said Senatorial District of said County in the General
167 Assembly (and so on, giving certificates for each Senator elected in lieu of any other Senator for any senatorial district
168 for said county in the General Assembly). Assembly.
169 In case of (4) If the certificate is of an election of Representatives to General Assembly, the name of each
170 individual elected to the House of Representatives, as follows:
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171 ________________________________ was duly elected Representative for the
172 ________________________________ Representative District for said ______________________________ County
173 in the General Assembly (and so on, giving certificates for each Representative elected in the respective representative
174 districts of the County). Assembly.
175 In case (5)a. If the certificate is of an election of Clerk of the Peace a clerk of the peace, register of wills,
176 recorder, county executive, county council member, Levy Court Commissioner, or sheriff, the name of individual
177 elected to each office on the ballot for that election.
178 b. The certificate of an election of a county council member or Levy Court Commissioner must include
179 the district for the individual elected to each office.
180 ________________________________ was duly elected Register of Wills for
181 ________________________________ County.
182 In case of Recorder
183 ________________________________ was duly elected Recorder for
184 ________________________________ County.
185 In case of the County Executive for New Castle County
186 ________________________________ was duly elected County Executive for New Castle County.
187 In case of County Council member for New Castle County
188 ________________________________ was duly elected County Council member for the
189 ________________________________ Councilmemberic District in New Castle County; and so on, giving a
190 certificate for each Council member elected in each Councilmemberic District in New Castle County.
191 In case of County Councilmembers for Sussex County
192 ________________________________ was duly elected Council member for the
193 ________________________________ Councilmemberic District in Sussex County; and so on, giving a certificate for
194 each Council member elected in each Councilmemberic District in Sussex County.
195 In case of Levy Court Commissioners for Kent County
196 ________________________________ was duly elected Levy Court Commissioner for
197 ________________________________ District in said County (and so on, giving a certificate for each Levy Court
198 Commissioner elected in each District in said County).
199 In case of Receiver of Taxes and County Treasurer
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200 ________________________________ was duly elected Receiver of Taxes and County Treasurer for
201 ________________________________ County.
202 In case of Sheriff
203 ________________________________ was duly elected Sheriff for ________________________________
204 County.
205 § 5707. Enclosing certificates in envelopes.
206 (a) The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement thereon
207 describing the certificate enclosed. Upon the paper
208 (b) In the endorsement on an envelope enclosing the certificates of the election of Senator or Representative in the
209 General Assembly Assembly, the Court shall include the name of the person chosen shall be endorsed. individual elected.
210 § 5708. Tie vote; certificate.
211 If, by reason of an equal number of votes having been cast for 2 or more persons individuals for the office of
212 Senator or Representative in the General Assembly, clerk of the peace, register of wills, recorder, levy court commissioner,
213 receiver of taxes and county treasurer, sheriff, county executive or county council member, an office, it appears to the Court
214 that a vacancy will occur in the that office, the Court shall create a certificate of such fact shall thereupon be made under
215 the hands of the Court, and this fact, under its seal, which certificate shall be transmitted by the Court to the Governor, and
216 such certificate shall be delivered as provided in and deliver this certificate to the Governor under § 5709 of this title.
217 § 5709. Disposition of certificates by the Court.
218 (a) The Court shall, within 3 days after making the certificates of the result of the election for electors of President
219 and Vice-President, either personally or by a person deputed by it for that purpose: election, transmit, deliver, and lodge 1
220 certificate of the result of the election with the State Election Commissioner and as follows:
221 (1) Transmit, deliver and lodge the certificates of the result of the election for For electors of President and
222 Vice-President, 1 Vice President, to the Governor, another to the Secretary of State, and the other to the Prothonotary
223 of the county; and county.
224 (2) Transmit, deliver and lodge the certificates of the result of the election for Governor, according to the
225 directions of the Constitution in that behalf; and
226 (3) Transmit, deliver and lodge 1 of the certificates of the result of the election for a. For Governor or
227 Lieutenant Governor Governor, to the President of the Senate, or in case of a vacancy in the office of President of the
228 Senate, or the President of the Senate’s absence from the this State, to the Secretary of State, who State.
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229 1. The Secretary of State shall keep the same certificate until a President of the Senate shall be
230 chosen, to whom they shall be immediately transmitted after is chosen or returns to this State.
231 2. After the President of the Senate’s election, who election or return to this State, the Secretary of
232 State shall immediately transmit the certificate to the President of the Senate who shall open and publish the
233 same certificate in the presence of the members of both Houses of the General Assembly, duplicates of which
234 certificate Assembly.
235 b. The Court of which certificate shall also be immediately lodged lodge a copy of the certificate with the
236 Prothonotary of each county; and county when the certificate is delivered under paragraph (2)a. of this section.
237 (4) Transmit, deliver and lodge 1 of each of the certificates of the result of the election for Senator, or
238 Senators, from the State
239 (3) For Senator in the Senate of the United States, to the Governor, and lodge the other of such certificates in
240 the office of the clerk of the peace of the county; and county.
241 (5) Transmit, deliver and lodge 1 of each certificate of the result of the election for Representative, or
242 Representatives, (4) For Representative in the House of Representatives of the United States, to the Governor, and
243 lodge the other certificate in the office of the clerk of the peace of the county; and county.
244 (6) Transmit, deliver and lodge 1 certificate of the result of the election for (5) For Attorney General, for
245 Insurance Commissioner, for State Treasurer and for Treasurer, or Auditor of Accounts Accounts, to the Governor and
246 the other certificate in the office of the Prothonotary of the county; and county.
247 (7) Transmit and deliver 1 certificate of the result of the election of Senator and 1 certificate of the election of
248 (6) For Senator or Representative in the General Assembly, in to the office of the Prothonotary for Kent
249 County, and further shall deliver, on the first day of the meeting of the General Assembly after the election, the other
250 certificate of the election of Senator to the Senate, and the other certificate of the election of Representatives to the
251 House of Representatives; and County.
252 (8) Transmit and deliver 1 certificate of the election of the (7)a. For clerk of the peace, of register of wills, of
253 recorder, and of or sheriff, to the Governor, and the other certificate to Governor.
254 b. For the register of wills, recorder, or sheriff, to the clerk of the peace and the sheriff of the county,
255 except the 1 for county.
256 c. For clerk of the peace, which shall be delivered to the Prothonotary; and Prothonotary and the sheriff
257 for the county.
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258 (9) Transmit and deliver the certificate of the election of each (8) For a Levy Court Commissioner or County
259 Council member, in New Castle, Kent and Sussex Counties, to the clerk of the peace and the sheriff of the respective
260 county; and county.
261 (10) Deliver the certificate of election of the receiver of taxes and county treasurer to the clerk of the peace of
262 the county; and [Repealed.]
263 (11) Send 1 for each of such officers to the sheriff of the county to be by that sheriff delivered to the
264 respective parties certified to have been elected. [Transferred.]
265 (b) The (1) The first day of the meeting of the General Assembly after the election, the Prothonotary of Kent
266 County shall, on any day of the meeting of the General Assembly, deliver, if required, shall deliver the certificates of
267 election of Senators or of Representatives to the order of the House to which it belongs, or to the person named in the
268 endorsement thereon. received under paragraph (a)(6) of this section as follows:
269 a. For a Senator, to the Senate.
270 b. For a Representative, to the House of Representatives.
271 (2) The sheriff shall deliver each certificate of election received under paragraph (a)(7) or (a)(8) of this section
272 to the individual certified as having been elected.
273 (c) In addition to making the disposition of the aforesaid certificates, the Court, within 3 days after making such
274 certificates, shall, either personally or by a person designated by it for that purpose, transmit, deliver and lodge a duly
275 executed copy of each of the aforesaid certificates with the The State Election Commissioner who shall be is the master
276 repository of all such certificates. certificates under this section.
277 § 5710. Certification and proclamation by Governor of results of election of state officers.
278 (a) The Governor, after receiving the certificates of the results of the election in each county, under the seal of the
279 Superior Court, for the office of Attorney General, Insurance Commissioner, State Treasurer and Treasurer, and Auditor of
280 Accounts, or any of whom shall have been voted for at the preceding general election, shall, without delay, shall examine
281 the returns and declare the persons elected, and each individual elected.
282 (b) The Governor shall issue certificates of such the election under the Governor’s own hand, and the same,
283 together file the Governor’s certificates of the election with the aforesaid certificates of the results of the election in each
284 county, shall be filed under subsection (a) of this section in the office of the Secretary of State, and the State.
285 (c) The Governor shall by proclamation make public the state of the vote by causing the same to be published
286 results of the election by publishing the certificates issued under subsection (b) of this section in 1 or more of the public
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287 newspapers of the respective published in the counties of this State, and shall issue commissions to the persons. individuals
288 elected to office.
289 § 5712. Representative in the Congress of the United States; announcement and certification of election.
290 (a) The Governor, after receiving the certificates, under the seal of the Superior Court, certificates of the results of
291 the election in each county for Representative in the Congress of the United States, shall without delay examine such these
292 certificates and declare the person individual elected, and shall issue certificates of such the election, 1 of which the
293 Governor shall transmit to the Secretary of State of the United States, and 1 to the person individual elected, under the
294 Governor’s own hand and the Great Seal of the State.
295 (b) The Governor shall file the certificates of the result of the election in each county under subsection (a) of this
296 section shall be filed in the office of the Secretary of State.
297 (c) The Governor shall by proclamation make public the state of the vote by causing publishing the same to be
298 published certificates of the results in 1 or more of the public newspapers of this State.
SYNOPSIS
This Act updates Chapter 57 of Title 15 to reflect modern voting procedures. These updates are necessary because
Chapter 57 of Title 15 provides the requirements under which the Superior Court (Court) performs its duties under § 6 of
Article V of the Delaware Constitution to certify the results of each general election. As such, the requirements under this
Chapter need to align with all of the current ballots and methods by which votes are cast to ensure that the results of general
elections are properly certified and not subject to challenge.
Specifically, this Act does all of the following:
• Aligns terms and definitions with current law and the updates that will be enacted under Senate Bill No. 266
(153rd General Assembly).
• Adds early voting ballots and provisional ballots to the materials that the Department of Elections must provide
to the Court.
• Explains that the Court certifies the results of the election by tabulating the votes cast.
• Consolidates the requirements for the contents of certificates of elections and the delivery of those certificates to
provide clarity and repeal contradictory and unnecessary provisions.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual.
Author: Senator Buckson
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