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Legislation Document
SPONSOR:
Sen. Cruce & Rep. Bolden
Sens. Hoffner, Seigfried, Sokola; Reps. Gorman, 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:
Section 1. Amend Chapter 1, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 101. Definitions.
As used in
For purposes of
this title:
(1)
“Adjudicate” means to determine how a person intended to vote on a ballot.
(2)a.
“Ballot” means
those portions of cardboard, paper or other material to be placed within the ballot frames 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 of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter’s choice for any office, and the statement of any question submitted with provision for a “yes” or “no” vote.
the physical or electronic document that a voter uses to identify the candidates for whom the person is voting or how the person is voting on a ballot question in a referendum election. A “ballot” may be further classified as follows:
1. “Absentee ballot” means a ballot that allows a voter to vote in an election without voting in-person at a polling place.
2. “Primary ballot” means a ballot prepared for or used in a primary election.
3. “Provisional ballot” means a ballot used by an individual whose eligibility to vote in that election has not been determined at the time of voting. A “provisional ballot” indicates the votes cast by an individual if the individual’s eligibility to vote is confirmed.
4. “Rejected ballot” means a ballot that the Department determined is invalid or invalidly cast.
5. “Voided ballot” or “spoiled ballot” means a ballot that is declared void by the voter or the Department after the ballot was issued to a voter but before the ballot was cast.
6. “Voted ballot” means a ballot that has been cast.
b. When used with a “ballot”, the following verbs mean as follows:
1. “Cast” means to submit a ballot to the Department in an election with the intent that the votes indicated on the ballot be counted when the results of the election are tabulated. “Cast a vote” means to “cast a ballot”.
2. “Cure” means that a voter corrects an error or omission on a ballot that if not corrected, would result in a rejected ballot.
(3) “Ballot question” means a proposal or other question submitted to voters at a referendum election.
(4) “Ballot stock” means a physical object intended for use as a ballot but on which the ballot has not yet been printed.
(6) “Candidate” means an individual seeking public office.
(4)
(8)
“Commissioner” means the
individual appointed as the
State Election
Commissioner.
Commissioner under Chapter 3 of this title.
(6)
(10)
“Department” means the State Department of Elections,
consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall
including the Commissioner, County Directors, County Deputy Directors, and Department employees. “Department” does
not include
the State Election Commissioner. The Department, under the direction of
the Board of
Elections, shall administer the election laws of this State as defined in this title.
Elections.
(11) “Election” means an organized contest to select an individual to hold a specific office or to make a collective choice with respect to a specified question. “Election” may be further classified as follows:
a. “General election” means an election of final determination with respect to 1or more offices.
b. “Municipal election” means an election conducted under a municipal charter or under Chapter 75 of this title.
c. “Primary election” means an election at which voters affiliated with a major political party may vote to determine the nominees of that political party for offices at a general election. When used as a noun, “primary” means “primary election”.
d. “Primary or general election” means a primary election or a general election.
e. “Referendum election” means an election that asks voters to indicate a choice of for or against, in response to 1 or more ballot questions, including questions about tax levies, issuing bonds, or annexation.
A “referendum election” does not include the selection of a candidate for office.
f. “Scheduled election” means an election that is conducted at a regular interval on a day specified under law.
g. “School district election” means an election conducted under Title 14. A “school district election” may be a scheduled election to select individuals to serve on the board of a school district or a referendum election.
h. “Special election” means an election to fill a vacancy that is conducted under a writ of election
.
(8)
(13)
“Election
Management System” refers to
management system” means
the computer
programs
software programs, computer modules,
and databases
used and
managed by the
State Election Commissioner and used by the State Election Commissioner and the
Department
of Elections to maintain voter registration records, to manage absentee voting, maintain election officer information, maintain polling place information, structure elections and for other purposes.
to administer elections under this title.
(15) “General election year” means a year in which a general election must be held under § 1 of Article V of the Delaware Constitution.
(16) “Primary ballots” means paper ballots used with ballot boxes or ballots used in voting machines.
(17) “Primary election” means an election at which voters registered as members of a major political party may vote to determine the nominees of that political party for the general election.
(20) “Question”
means any proposition or other question to be submitted to the voters.
(24)
“Registered voter” means an individual on the Department’s voter registration list.
(25) “Registration list” or “voter registration list” means the list of individuals registered with the Department to vote. The “registration list” is prepared by the Department from the voter registration records maintained in the election management system.
(22)
(27)
“Registration record”
or “voter registration record”
means
a voter’s registration record
the information about an individual collected by the Department and
maintained in the
State’s Election Management System, the list or file of registered voters sent to each election district for use by election officers on the day of the election, and until determined obsolete, it also applies to a voter’s record maintained in the county master file.
election management system, including all of the following:
a. Information collected through the individual’s voter registration application.
b. Information collected after the individual’s initial voter registration application.
c. If the individual has qualified to permanently vote on an absentee basis.
d. A record of each election in which the individual has voted.
(32) “Tabulation” means to count votes and includes all of the following:
a. Counting all ballots or votes.
b, Recording the numbers of votes cast by ballots.
c. Confirming the count of ballots or votes.
(34) “Voting device” means equipment that allows a voter to cast a ballot and records that vote.
(35) “Voting equipment” means equipment, including hardware, firmware, software, machines, and voting devices, that performs 1 or more of the following functions:
a. Allows a voter to cast a vote.
b. Tabulates votes.
c. Provides a definitive voter registration list to a poll worker.
§ 103. Residence.
(a)(1) For purposes of this title or a school district election, an individual’s place of residence is the place in which that individual’s habitation is fixed, and to which that individual has an articulable and reasonable intention of returning whenever the individual is absent.
(2) A location can only be an individual’s place of residence if the individual physically inhabits the location with the intention to remain at that place of residence indefinitely or for a fixed period of time. An individual cannot gain residency at a location that the individual has not actually, physically inhabited, regardless of whether the individual owns the real property at the location or intends to inhabit the location indefinitely in the future.
(3) If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facie evidence of a change of residence.
(b) Residence must be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. If an individual’s residence is not a traditional residence associated with real property, the individual’s place of residence is the individual’s usual sleeping area or place of habitation.
(1) If an election district boundary crosses an individual’s place of habitation, the individual is a resident of the election district that contains a majority of the area in that place of habitation. An accurate and current satellite map or other similar presentation of an individual’s place of habitation and the election district boundary line is prima facie evidence of the geographic location of an individual’s place of habitation.
(2)a. If there are multiple places of habitation to which an individual has the intention of returning, the individual’s residence is the place of habitation where the individual resides most often.
b. The address on an individual’s driver’s license or state identification card is prima facia evidence of the place of habitation where the individual resides most often.
(c) If an individual maintains a reasonable and articulable intent to return to the individual’s community, an individual does not lose their place of residence or become a resident at new location, solely on the basis that the individual relocates for any of the following reasons:
(1) Attending a residential educational program, including post-secondary education and job training.
(2) Military service or other government employment.
(3) Incarceration.
(4) AmeriCorps, Peace Corps, or similar service organizations.
(5) Obtaining or providing medical care.
(d) Notwithstanding subsection (c) of this section and regardless of whether the individual maintains an intention to return to their original community in the future, an individual’s place of residence changes and the individual establishes a new place of residence if the individual takes any of the following actions:
(1) Inhabits a new location with the intention of remaining at the new location indefinitely.
(2) Registers to vote based upon residence at a new location.
(3) Votes based upon residence at a new location.
(e)(1)a. If
an individual disputes the determination of the individual’s place of residence for purposes of registering to vote or voting, the individual may submit a written appeal of that determination to the Commissioner. The Commissioner may request documentation or other evidence in connection with this appeal.
b. The Commissioner shall promptly provide a written opinion on the individual’s place of residence and the Commissioner’s written opinion is the final determination of the individual’s place of residence for purposes of that dispute.
(2) A dispute regarding candidate residency requirements is resolved under § 3114 of this title.
§§ 103-120.
§§ 104-120.
Transferred.
Section 2. Amend Title 15 of the Delaware Code by transferring Chapter 50A to Chapter 50 of Title 15 and then by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
Chapter 50.
Electronic
Voting
Machines [Repealed]
Systems
§ 5000A.
§ 5001.
Electronic voting system use.
In any general, special, or primary elections,
An election conducted under this title
an electronic voting system
must
be used
use an electronic voting system
and must comply with the requirements
of
under
this chapter.
§ 5001A.
§ 5002.
Requirements.
(a) An electronic voting system
may be
adopted, purchased, or used
if it meets
must meet
all of the
following requirements:
following:
(1) Each voting device
that is part of the electronic voting system
must
have
comply with all of the following:
a. Have
a serial number permanently attached to or stamped
to
on
the device.
(2)
b.
Secure
secrecy
to the voter
secrecy in
during
the act of
voting for or against as many
voting, including the requirements under subsection (b) of this section.
c. Allow ballots to contain all of the following:
1. As many ballot
questions as may be
submitted.
included in an election conducted in this State.
2. Candidates from as many parties that may be included in an election under this title.
(3) Permit
d. Allow
the voter to
vote for
cast votes as follows:
1. For
the candidates of
1 or more parties, or to write
any party on the ballot.
2. For candidates on the ballot who are not affiliated with a party.
3. By writing
in the name
or candidate
of a declared write-in candidate.
4. By writing in the name
of the voter’s choice for any office.
5. For or against each ballot question on the ballot.
(4)
e.
Permit the voter to vote for as many
persons
candidates
for an office
as
for which
the voter is lawfully entitled to
vote for, and the
vote. The
automatic tabulating equipment used in
such
the
electronic voting
systems shall reject choices recorded on any
system must prevent the voter from casting votes on a
ballot card or
any
voting device if the number of
such
choices
for that office
exceeds the number
to
for
which
a
the
voter is
entitled.
entitled to vote.
(5)
f.
Prevent the voter from voting for the same
person
candidate
more than once for the same office.
(6)
g.
Permit the voter to vote for or against any
ballot
question the voter may have the right to vote upon, but no other.
h.1. Prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch, or other action.
2. Notwithstanding paragraph (a)(1)h.1. of this section, the voting device must provide a method, for each party, that allows for voting for all presidential electors of that party by 1 mark, punch, or other action.
(7)
(2)a.
Permit each voter in
a
primary
elections
election
to vote
only
for
only
the candidates of the party
with which the voter has declared
designated in
that
voter’s own affiliation, and preclude the
individual’s voter registration record.
b. Prevent a
voter
in a primary election
from voting for any candidate seeking nomination by any other political party.
(8)
(3)
Correctly record and accurately count all votes cast
for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by
votes.
as follows:
a. For each candidate on the ballot.
b. For each declared write-in candidate.
c. That are not for a candidate on the ballot or for a declared write-in candidate.
d. For or against each ballot question.
(9) Be provided with means for sealing the
vote recording devices to prevent its
(4) Allow each voting device to be sealed in a manner that prevents the
use
of the voting device
and
to prevent
prevents
tampering with ballot
labels, both before
labels as follows:
a. Before
and after the polls are
open or before
open.
b. Before
the operation of the
vote recording
voting
device for
any
an
election
is begun and immediately
begins.
c. Immediately
after the polls are closed or after the operation of the
vote recording
voting
device for an election is completed.
(11)
Be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch or other action; however, it shall be provided a device or method for each party, for voting for all presidential electors of that party by 1 mark, punch or other action.
[Transferred.]
(b) All voting devices used in
any
an
election must
be provided with side curtains and front shield to ensure that no person can see or know for whom any voter has voted or is voting.
have features that prevent another individual from seeing the votes cast by the voter, except as necessary to allow an individual to assist a voter under § 4943 of this title.
(c)
A
At the time of purchase and before delivery to and acceptance by this State, a
voting
device or
system
purchased by the State
must be
certified
1 or more of the following:
(1) Certified
by the United States Election Assistance
Commission,
Commission (EAC),
or designated federal authority, as meeting or exceeding the voluntary voting systems
standards or
guidelines
as
promulgated by the
United States Election Assistance Commission, or designated federal authority, before delivery to and acceptance by the State.
EAC.
(2) Certified by the EAC, or designated federal authority, as meeting or exceeding the EAC’s voluntary voting system guidelines version 2.0.
(3) Substantially equivalent to voting devices already in use in this State that were acquired in compliance with paragraphs (c)(1) or (c)(2) of this section.
(d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.
§ 5002A.
§ 5003.
Compliance guarantee.
Before
any
an
electronic voting system is purchased, rented or otherwise acquired, or used, the person owning or manufacturing
such
that
voting
device
system
must
give
provide the Commissioner
an adequate
written
guarantee
in writing
and post a bond accompanied by satisfactory surety
with the State Election Commissioner
guaranteeing and securing
that such
all of the following:
(1) That the voting system, including the
voting
devices
devices,
comply fully with
all of
the requirements
contained in § 5001A
under § 5002
of this
title and will correctly and accurately record every vote cast and further guaranteeing such
title.
(2) The
voting device against defects in labor and materials for a period
of 5
equal to either of the following:
a. Five
years from the date
of acquisition thereof, or, in the case of
the Department receives the voting devices.
b. For a
rented voting
devices,
device,
for the period of rental.
§ 5004. Voting devices; software designations.
(a)(1) No later than July 1 of each odd numbered calendar year, the Commissioner shall designate the software and version of that software (software) that must be used on the Department’s voting devices during the next statewide general election.
(2) Voting devices must use the software designated under paragraph (a)(1) of this section for elections held on or after September 1 of that calendar year.
(3) Voting devices may use the software installed under paragraph (a)(2) of this section for elections held before September 1 of the next odd numbered calendar year.
(b) In addition to operating each voting device in compliance with the requirements under § 5003 of this title, the software designated under paragraph (a)(1) of this section must meet all of the following criteria:
(1) Actively used in at least 2 other jurisdictions in the United States.
(2) Certified by 1 or more of the following:
a. The Election Assistance Commission.
b. A voting system testing laboratory accredited pursuant to the Help America Vote Act of 2002.
(3) Approved for use by the manufacturer of the voting devices.
(c) If there are multiple versions of software that meet the requirements under subsection (b) of this section, the Commissioner may select the software that the Commissioner determines is best suited to meet the requirements under this title after considering all of the following:
(1) How recently each version was released.
(2) The experiences of other jurisdictions in the United States with the software under this subsection (c).
(3) The recommendations of the voting device manufacturer.
(4) The recommendations of Department employees.
(5) Any other factors that the Commissioner deems relevant.
(d) Notwithstanding subsection (a) of this section, at any time, the Commissioner may change the designated software for the Department’s voting devices if necessary to address a material security flaw in the previously designated software.
§ 5003A.
§ 5005.
Use of voting devices; costs in municipal elections.
[Repealed.]
Electronic voting devices may be used throughout this State
in all
primary, general
and special elections and in all municipal
elections in all incorporated cities and towns of this State. In the event no contest exists, in municipal elections voting devices shall not be required. Voting devices may be used in elections
held under Title 14.
Incorporated cities or towns may use voting devices in the custody of the Department upon payment of all costs and expenses incident to their use.
§ 5004A.
§ 5006.
Number of voting devices per election district.
(a) In general elections, the Department shall supply each polling place with at least 1 voting device for every 650 registered voters
assigned to that polling place,
or majority fraction thereof.
(b) In primary and special elections, the Department shall supply each polling place with at least 1 voting device for every 800 registered voters
assigned to that polling place,
or majority fraction thereof.
§ 5005A.
§ 5007.
Printing of ballots; distribution of ballots.
[Repealed.]
(a) [Repealed.]
(b) (1) The party emblem which has been duly adopted by a party in accordance with law and the party name or other designation for each political party represented on the device must appear on the ballot.
(2) The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the voting device as the number of candidates to be elected to that office.
(3) Except as otherwise provided under this chapter, the names of all candidates nominated by a party for an office must always appear in the row or column containing generally the names of candidates nominated by the party for other offices.
(c) Official ballots for voting devices shall be prepared and furnished by the Department in the same manner as provided by law.
(d) Nothing in this section shall preclude the use of an electronic device where the ballot is electronically generated and displayed or which has the capability to generate and display multiple ballots.
§ 5006A.
§ 5008.
Number of official ballots to be furnished [Repealed].
§ 5007A.
§ 5009.
Substitute ballots [Repealed].
§ 5008A.
§ 5010.
Preparation of voting devices.
(a)(1)
a.
The Department shall
cause sufficent
deliver the number of
voting devices
to be delivered
required under § 5006 of this title
to
the proper
each
polling
places
place
before the time
appointed for
that
the election officers
are required
to report for duty.
b. The Department shall program each voting device delivered under paragraph (a)(1)a. of this section to produce at least 2 copies of the paper tape showing the number of votes cast on that voting device for each candidate and ballot question.
(2)
The
Before each election, the
Department shall certify that each voting device
to be used in an election
that will be delivered to a polling place
has been properly prepared and inspected by doing all of the
following before each primary and general election:
following:
a. Confirming that
the most recent federally-approved
all
software
is installed.
installed on the voting device is the software required under § 5004 of this title.
b. Checking
the
accuracy
of the voting device
by doing
all of
the following:
1. Simulating voting by entering sample votes on the voting device.
2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device
electronically
electronically.
(b)
The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate 1 representative to be present during the inspection.
[Repealed.]
(c)
(1)
The Department shall designate at least 2
representatives of opposite political affiliation, other than the person preparing the voting devices,
individuals
to
do
certify
all of the following:
(1) Certify the
a. The
numbers on the voting devices and the election districts for which they are
designated.
designated are correct.
(2) Certify that all
b. All of the
voting devices are in proper working condition.
(3) Certify that the
c. All of the
voting devices are properly sealed.
(2) The individuals designated under paragraph (c)(1) of this section cannot have the same party affiliation, as recorded in each individual’s voter registration record.
(e)
The
(1) No more than 10 days before an election, the
Department shall test all voting
systems
systems, including the absentee ballot system,
to
ascertain
confirm
that the voting systems will accurately count the votes cast for all
offices
candidates
and on all
ballot
questions.
Public
(2) The Department shall provide
notice of the time and place of the
test of both the voting device system and the absentee ballot system
must be published and a test must be conducted within 10 days before the election.
tests under paragraph (e)(1) of this section as follows:
a. Posting a public notice under § 10004 of Title 29.
b. Providing a copy of the public notice to the state chairperson of each party with a candidate on the ballot.
(f) The certification required
by
under
this section is a public record
and must be
available
for inspection
at the
Department.
Department under the Delaware Freedom of Information Act, Chapter 100 of Title 29.
(g) The Department shall require that
all persons
a person
with custody of
the
a
voting
devices, either for delivery or storage before and after the election, shall ensure the voting devices’
device ensures the
safety and
protection.
protection of the voting device at all times, including all of the following:
(1) During delivery.
(2) Storage before the election.
(3) Storage after the election.
§ 5009A.
§ 5011.
Instruction model.
[Repealed.]
§ 5010A
.
§ 5012.
Inoperative voting devices.
(a)
If
a voting device becomes inoperative
during the conduct of an
election a voting device becomes inoperative,
election,
the election officers shall seal
it in such
the voting device in a
manner
as to prevent
that prevents
further voting
thereon.
on that voting device.
(b)
The Department shall maintain and hold in readiness a reasonable number of extra voting devices
to
that can
be supplied to election districts where a voting device has become
inoperative, and the
inoperative. The
Department shall take reasonable steps to ensure rapid delivery
in such event.
of these voting devices when needed.
§ 5011A.
§ 5013.
Voting device curtains; absentee voting [Repealed].
§ 5012A.
§ 5014.
Audits;
audit discrepancy procedure.
procedures.
(a)
For purposes of this section, “audit” means counting
(1) An audit of election results under this chapter (audit) must count
by hand the votes on each paper ballot from a voting device and
comparing
compare
the paper ballot totals to the totals kept by the voting device electronically.
(2) An audit completed under § 5015(b) or § 5016(c) of this title must include all
ballots cast in a selected election district, including ballots cast during early voting and absentee ballots.
(b)
Within 48 hours of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall audit the results of 1 randomly selected voting device in each county and 1 randomly selected election district in the City of Wilmington.
[Transferred.]
(c)
Within 60 days of the certification of the results of the primary and general elections, and school board elections conducted under Title 14, the Department shall conduct an audit of all such elections, as follows:
(1) The Department shall audit all results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington. An election district selected for audit under this paragraph (c)(1) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(2) of this section.
(2) The Department shall audit the results of 1 randomly selected election district in each county and 1 randomly selected election district in the City of Wilmington in 1 randomly selected statewide race. An election district selected for audit under this paragraph (c)(2) of this section must be different than the election districts selected under subsection (b) and paragraph (c)(1) of this section.
[Transferred.]
(d) The Department shall
conduct an audit under this section in public.
perform all of the following at a public meeting conducted under § 10004 of Title 29:
(1) A random selection required for an audit under § 5015, § 5016, or § 5017 of this title.
(2) An audit under § 5015, § 5016, or § 5017 of this title.
(e)
(1)
Within 60 days of an audit under this
section,
chapter,
the Department shall
do all of the following:
(1) Publish
complete
a report
containing
that contains
the results of
the audit conducted under this section.
that audit.
(2)
Post
a. The Department shall post
the report
required under paragraph (e)(1) of this section
on the Department’s
website.
website and submit the report to the Director and the Librarian of the Division of Legislative Services and the Delaware Public Archives.
b. If the election results in the report were for an election held by a school district or municipality, the Department must also submit the report to the chief officer of the jurisdiction in which the election was held.
(f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a
discrepancy, including
discrepancy that include
all of the following:
(1) The thresholds that trigger the Department or others to take a specific action.
(2) The specific actions to be taken by the Department or others once a threshold is triggered.
(3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.
§ 5015. Audits; elections for state or county offices.
(a) Within 48 hours of the certification of the results of an election for a state or county office, the Department shall conduct an audit of all of the following:
(1) One randomly selected voting device in each county where the election was held.
(2) If the election included an election district with area in the City of Wilmington, 1 randomly selected voting device in the City of Wilmington.
(b) Within 60 days of the certification of the results of an election for a state or county office, the Department shall conduct an audit of all of the following:
(1)a. The results of all votes cast for all offices in 1 randomly selected election district in each county where the election was held.
b. If the election included an election district with area in the City of Wilmington, the results for all votes cast for offices in 1 randomly selected election district in the City of Wilmington.
(2) After an election for 1 or more statewide offices, the results of all votes cast for 1 statewide office as follows:
a. One randomly selected election district in each county.
b. One randomly selected election district in the City of Wilmington.
c. The election district in New Castle County that is audited under paragraph (b)(2)a. of this section must not include area in the City of Wilmington.
(c)(1) An election district audited under paragraph (b)(1) of this section cannot be an election district from which a voting device was selected under subsection (a) of this section.
(2) An election district audited under paragraph (b)(2) of this section cannot be an election district from which a voting device was selected under subsection (a) or paragraph (b)(1) of this section.
§ 5016. Audits; elections for City of Wilmington offices.
(a) This section applies to elections conducted for offices in the City of Wilmington under subchapter II of Chapter 75 of this title.
(b) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election.
(c)(1) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected election district where the election was held.
(2) An election district audited under paragraph (c)(1) of this section cannot be an election district from which the voting device was selected under subsection (b) of this section.
§ 5017. Audits: school district elections.
(a) This section applies to school district elections conducted under Title 14.
(b) After an election for a school board member, the Department shall conduct audits as follows:
(1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election.
(2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected polling place where the election was held.
(3) A polling place audited under paragraph (b)(2) of this section cannot be the polling place from which the voting device was selected under paragraph (b)(1) of this section.
(c) After a referendum election, the Department shall conduct audits as follows:
(1) Within 48 hours of the certification of the results of an election, the Department shall audit all of the results of 1 randomly selected voting device used for that election.
(2) Within 60 days of the certification of the results of an election, the Department shall audit the results of all votes cast in 1 randomly selected polling place where the election was held.
(3) A polling place audited under paragraph (c)(2) of this section cannot be the polling place from which the voting device was selected under paragraph (c)(1) of this section.
Section 3. Amend § 4972, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 4972. Rules regarding what constitutes a legal vote.
(a)
(1)
Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast a ballot.
(2)
A voter who has cast a ballot on a voting device may not
be permitted to
cast a second ballot under any circumstances.
(3)
The paper ballot reflecting the voter’s choices is the legal
voted
ballot of record.
(b)
(1)a.
Votes cast
at any election on voter-marked paper
by absentee
ballots must be counted
for whom
as
the votes are
intended
intended
as far as can be ascertained by the marks
on the ballot.
The following rules must be observed in determining those votes on paper ballots that must be counted:
(1)
b.
The voter shall mark
the ballot for
the voter’s selections
on the absentee ballot
as instructed.
(2)
If the ballot scanning device is unable to determine the voter’s intent, a team of election judges reviews and adjudicates the votes on the absentee ballot. A team of election judges (election judges) may be either of the following:
a. A team of election judges under § 5510 of this title.
b. The County Director and County Deputy Director.
(3) Election judges shall adjudicate the votes on an absentee ballot as follows:
a.
Where a voter indicates the voter’s own selections in a manner
not in accordance
that does not comply
with paragraph
(b)(1)
(b)(1)b.
of this section, the election
officers
judges
shall attempt to determine from the marks on the ballot the candidate or response
to a ballot question
that the voter intended to select.
(3)
b.
If it is not possible to determine a voter’s choice for an office or response to a
ballot
question, the ballot may not be counted for that office or
ballot
question but must be counted for all other offices and
ballot
questions
on the ballot
where the voter’s intention can be determined.
(4)
c.
A voter may only vote for 2 or more choices for any office or
ballot
question when specifically
instructed on the ballot that it is allowable.
allowed in the instructions on the ballot.
(5) Where
d. When
a voter
is permitted to
may
make more than 1 choice for
candidates and or responses to
an office or
a
ballot
question, the voter may make fewer than the
allowable
total
number of
choices.
choices allowed.
(6)
e.
If a ballot is marked for more
names or responses than are permitted, it must not be counted
choices than allowed under paragraph (b)(3)c. of this section, all of the following apply:
1. The votes
for that office or
question, but it
ballot question are not counted.
2. The votes for all other offices or ballot questions on the ballot
must be counted
for all other offices or questions on the ballot in accordance with the rules
or adjudicated as required
under this section.
(7)
f.
If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for
1 or more offices or questions, it must not be counted for the offices or questions but must be counted
an office or a ballot question, all of the following apply:
1. The vote for that office or ballot question is not counted.
2. The votes
for all other offices and
ballot
questions
on the ballot
where the voter’s choice or choices can be determined.
determined must be counted or adjudicated as required under this section.
(8) The
g. A
misspelled, incomplete, or minor variation of the name of a declared write-in candidate for an office must be counted
as a vote for that candidate
if
the
any of the following apply:
1. The
name as written bears a reasonable resemblance to the declared candidate’s name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter’s intention.
Additionally, writing in the
2. The
last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more candidates for that office with the same last name.
(9)
h.
Writing in the name of
either
a
candidate for President or Vice President constitutes a valid vote for
the slate.
all presidential electors of that party.
(4) When adjudicating the votes on an absentee ballot under paragraph (b)(3) of this section, the election judges must try to reach a decision by consensus. If the election judges cannot reach consensus, the following steps apply:
a. If the election judges are a team under § 5110 of this title, the election judges must confer with the County Director and County Deputy Director, who shall attempt to help the election judges reach a consensus decision.
b. If the election judges are a team under paragraph (b)(2)b. of this section or the election judges do not reach a consensus decision after the discussion under paragraph (b)(4)a. of this section, the County Director and County Deputy Director must confer with the Commissioner and the Commissioner makes the final determination.
Section 4. Amend Chapter 55, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 5509. Procedure on receipt of ballot envelope by Department.
(a) Upon receipt of a ballot envelope the
Department, or a person authorized by the Department, shall:
Department
shall do all of the following:
(1) Ascertain the
names
name
of each
elector as they appear
voter as it appears
on the face of each ballot
envelope;
envelope.
(2) Ascertain from the information on the ballot envelope the election district with whose votes the ballot within it
shall be tallied; and
will be tallied.
(3) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is counted.
(4) If a ballot envelope fails to comply with a requirement under § 5507 of this title, the Department shall indicate on the ballot envelope that the ballot is deficient and the reason.
(b) No member of the Department
(the director or any other person) shall open
may do any of the following:
(1) Open
or attempt to open the ballot
envelope, or change or alter
envelope.
(2) Except as required under paragraph (a)(4) of this section, change, alter,
or attempt to change or alter the ballot envelope,
or
including
any
writing, printing or anything whatsoever thereon.
writing or printing on the ballot envelope.
§ 5509A. Curing deficient ballot envelopes; procedure.
(a) The Department shall offer a voter an opportunity to cure a returned ballot if the voter has failed to do any of the following:
(1) Sign the self-administered oath as required under § 5507(2) of this title.
(2) Seal the ballot envelope as required under
§ 5507(3) of this title.
(b) A voter may cure a ballot as follows:
(1) By signing the self-administered oath.
(2) By sealing the ballot envelope.
(c) The Department shall attempt to notify the voter by phone or email of the deficiency under subsection (a) of this section and of the action that the voter can take to correct the deficiency.
(d)(1) If a returned ballot is cured before the polls close on the day of the election, the ballot must be processed and included in the tabulation.
(2) A ballot that is cured under this section has not been changed, tampered, or altered for purposes of § 5509(b) or § 5514(a)(5) of this title.
§ 5510. Opening and preparing absentee ballots for tabulation.
(a)
(1)a.
The Department may open ballot envelopes and prepare the ballots for tabulation
as set forth in this section in public meetings
beginning 30 days before the day of the
election.
election at public meetings conducted under § 10004 of Title 29.
b. At the end of every day, and during any pause in the process under this section, all ballots must be placed in secure containers and stored in locked cabinets until opened in a subsequent public meeting for the completion of processing under this section.
(2)
The Department shall notify each party
with a candidate
on the ballot that they may have challengers present at the
meetings. The challengers may challenge ballots as provided elsewhere in this title.
public meetings under paragraph (a)(1)a. of this section.
(b) The Department shall appoint teams of election judges
(election judges)
to fulfill the duties
set forth in
under
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 process ballots or ballot envelopes for more than 1 election district at a time.
have the same party affiliation, as recorded in each individual’s voter registration record.
(c) The
teams
election judges
shall select ballot envelopes in order of election districts within the county and check them off against the list of absentee voters. For each ballot envelope, the election judges shall ascertain whether a challenge has been made
pursuant to
under
this
chapter.
title.
(d) Ballots that are not challenged shall then be separated from the ballot envelopes and the ballot envelopes shall be separately stored in a secure location.
(1) If
a team
the election judges
determines that an original ballot will not be readable by the tabulating equipment,
it
they
shall duplicate the ballot as follows:
a. The
team
election judges
shall assign the same unique identifier to the original ballot and the duplicate ballot.
b. The
team
election judges
shall duplicate the original ballot by marking the duplicate ballot according to the voter’s intent as shown on the ballot marked by the voter. If
a team
the election judges
cannot determine a voter’s intent,
they
the election judges
shall consult the
county director
County Director
and
deputy county director
County Deputy Director
for advice and
guidance.
guidance on how to adjudicate the votes on the ballot under § 4972 of this title.
c. After the
team has
election judges have
duplicated any ballots necessary for an election district, the
team
election judges
shall put the original ballots in a
separate envelope
separate, secure container
to be securely stored. The duplicate ballot
shall
must
be placed with all other ballots for the same election district for further processing.
(2) If a ballot contains a write-in vote, the
team
election judges
shall record the proper notations
of such
for write-in
votes in the election records for the election district in which an absentee voter is registered to vote.
(e) When
a team has
the election judges have
completed the steps
set forth in
under
subsections (c)
and
through
(d) of this section,
a team
the election judges
shall scan the ballots for tabulation using the ballot scanning devices located in the county elections office.
(f)(1) After the completion of the process
set forth in
under
this section, the
teams
election judges
shall
secure
do all of the following:
a. Secure
the ballots in a
carrier envelope, seal
secure container.
b. Seal
the
carrier envelope, and each member of the team shall
secure container.
c. Each election judge must
sign
the member’s
their
name on the outside of the
carrier envelope,
secure container,
affirming that the
team
election judges
sealed the
envelope
container
and that the
envelope
container
contains ballots for the election district to which the
envelope
container
is assigned.
Each carrier envelope
(2) A secure container under paragraph (f)(1) of this section
must contain absentee ballots for no more than 1 election district and only 1
carrier envelope
secure container
may be filled at a time. Each signed and sealed
envelope shall
container must
be placed in a secure location until such time as it is required to be moved or destroyed under § 4980 of this title or other legal process.
(2) At the end of every day, and during any pause in the process set forth in this section, all ballots shall be secured in carrier envelopes and be stored in locked cabinets until opened in a subsequent public meeting for the completion of processing under this section.
(g) The results of the absentee ballots
shall
must
not be
extracted or
reported before the polls have closed on the day of the election.
Section 5. Amend § 3114, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3114. Candidate residency requirements.
(a) Each candidate shall provide the Commissioner
of Elections
with
all of
the following information and documentation:
(1)
a.
A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the candidate’s primary residential address. This affidavit
shall
must
state
that
it is being signed by the candidate under penalty of perjury.
b. For purposes of this section, “primary residence” or “primary residential address” means the candidate’s place of residence under § 103 of this title.
(e)
For the purposes of this section:
(1) “Commissioner” means the Commissioner of Elections.
(2) “Primary residence” or “primary residential address” means the candidate resides at that address.
[Transferred.]
Section 6. Amend § 4508, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4508. Certificates of the vote cast in each election district.
The Department shall program the voting machine to produce at least 2 copies of the paper tape showing the number of votes cast for each candidate on each voting machine.
[Transferred.]
Section 7. Amend § 4941, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4941. Residency of voter.
If a vote is objected to for the reason that the
person
individual
is not a
bona fide
resident of the election district
in whose record that person’s name appears,
listed in that individual’s voter registration record, the individual’s place of residence is determined under § 103 of this title and
the following rules
shall
apply:
(1) If
any person
an individual
who has resided within this State
actually
moves outside this State
with the intention of remaining there for an indefinite time as a place of present domicile, such person shall lose that person’s own
and establishes a new place of residence under § 103(d) of this title, the individual loses their
qualification of residence within
the State, notwithstanding any floating intention that person may entertain to return at some future time.
this State.
(2)
A person
An individual
registered to vote in
the
this
State who has moved from
an address or
a place of
residence located within 1 election district within
the
this
State to
another address or
a new place of
residence within
another elections
a different election
district within
the
this
State shall be permitted to vote at the polling place for that
person’s
individual’s
new
residence or address.
place of residence.
Section 8. Amend § 4948, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 4948. Provisional ballots.
(a) Provisional ballots
shall
must
be used in
primary and general
elections
conducted under the provisions of this title.
Provisional ballots shall not be used in public school elections or municipal elections unless specifically authorized in Title 14, Title 15 and/or the respective town or city charter.
for federal offices.
(b)
A person
(1) An individual
claiming to be properly registered in an election district, but whose eligibility to vote at that election district cannot be determined,
shall be
is
entitled to
vote
cast
a provisional
ballot.
ballot for the federal offices on the ballot in that election.
(2)
Election officers shall inform
a person
an individual
who is not being permitted to
vote
vote,
for
whatever reason
any reason,
that the
person
individual
may cast a provisional ballot
for the federal offices on the ballot
in that election.
(3)
The inspector shall return all voted provisional ballots to the Department on the night of the election.
(c)
Persons
(1)a. An individual
voting a provisional ballot
shall
must
present proof of identity and address to the election officers.
The type of ID shown by the voter shall be annotated
b. The election officers shall indicate the form of the proof provided under paragraph (c)(1)a. of this section
on the provisional ballot envelope.
If the person
(2) Notwithstanding paragraph (c)(1) of this section, if the individual
does not show proof of identity or address, the
person shall
individual must
be permitted to vote by provisional
ballot and the fact
ballot. The election officers shall indicate
that the
person
individual
did not show proof of identity
and/or address shall be annotated
or address, or both,
on the provisional ballot envelope.
(d)
If the Superior Court or another court of competent jurisdiction orders that some or all polling places in a county of the state be kept open beyond the normal time for closing, all persons who arrive to vote at the polling place or places ordered to be kept open after the normal time for closing shall vote by provisional ballot.
The election officers shall keep such ballots separate and return them to the Department on the night of the election.
[Repealed].
(e)
Provisional ballots shall be as much as possible
(1) A provisional ballot must be labeled as a provisional ballot and to the extent possible, must be
in the same form as absentee
ballots except that only
ballots for the
federal offices
shall be listed and they shall be labeled as provisional ballots.
on the ballot in that election.
(2)
For
a
general
and special elections, the departments
election, the Department
shall provide a minimum of 10 blank provisional ballots to each election
district, a
district and additional blank provisional ballots as follows:
a. A
minimum of 20 blank provisional ballots to election districts with 3 or more assigned voting
machines, and a
devices.
b. A
minimum of 30 blank provisional ballots to election district with 4 or more assigned voting
machines.
devices.
(3)
For a primary election,
each department
the Department
shall develop a standard
appropriate for the respective primary
.
to determine the number of provisional ballots that should be provided.
(4)
The Department shall deliver additional provisional ballots, envelopes,
instructions
instructions,
or voter information sheets to the polling place for an election district when notified by an election officer from the district that the supply of some or all of the provisional ballot materials is very low.
(f) Election officers shall give whatever assistance is requested by
a voter
an individual
who is voting by provisional ballot. When
that
the
assistance
the voter requests
includes marking or assisting in marking the
person’s
individual’s
ballot, 2 election officers with different political party affiliations shall provide that assistance.
(g)
A voter
An individual
who spoils
that voter’s
their
own
provisional
ballot
shall,
must
upon request, be given a replacement ballot after surrendering the spoiled ballot.
(h) Tallying provisional ballots.
(1) The day following an election in which provisional ballots were used, the Department shall
meet to
examine the provisional ballots, determine which of
the
those
ballots should be tallied in accordance with the rules
stated below,
under paragraphs (h)(2) through (h)(8) of this section,
and then tally those ballots.
(2) The Attorney General shall appoint a Deputy Attorney General to advise the Department as requested during the provisional ballot tallying process.
(3) The county chairperson of each political party with a candidate on a provisional ballot within the county may
appoint in writing
appoint, in writing,
1 observer to be in the room where provisional ballots are being reviewed and tallied.
(4) The Department shall sit until the disposition of every provisional ballot has been determined. The Department shall establish an appropriate schedule of breaks,
meals
meals,
and rest periods.
(5)
Where
If
the provisional ballot affidavit is incomplete, the
provisional
ballot
shall
must
be set aside,
must
not
opened
be opened,
and the votes not tallied. An incomplete affidavit
shall be defined as one
is an affidavit
that does not include all of the following
information: full name, complete address, political party affiliation (primary elections only), and date
information about the individual who voted by that provisional ballot:
a. Full name.
b. Complete address.
c. If a primary election, political party affiliation.
d. Date
of birth.
(6)
Where
If
the
person
individual
who voted by provisional ballot did not show suitable identification at the polling place, the ballot
shall
must
be set aside,
must
not
opened
be opened,
and the votes not tallied.
(7)
Provisional ballots
A provisional ballot
cast by
persons
an individual
who
are
is
not registered to vote in
the state
this State
or who
are
is
not registered to vote in the election district in which
they were
the provisional ballot was
cast
shall
must
be set aside,
must
not
opened
be opened,
and the votes not tallied.
(8) A provisional ballot cast by
a person
an individual
who is registered to vote and who has moved into the election district shall be counted if the
person
individual
voted at the correct polling place for that
person’s
individual’s
new address.
(9) The Department shall tally the provisional ballots that meet the
above criteria.
requirements under paragraphs (h)(2) through (h)(8) of this section.
(10)
After
all of the provisional ballots determined as meeting the above criteria have been tallied,
completing the tally under paragraph (h)(9) of this section,
the Department shall
do either of the following:
a. For a primary election, canvass the provisional ballots.
b. For a general election or a special election,
deliver
1
all of the following to the Prothonotary:
1. One
copy of the provisional ballot tally sheet for each
Election District, all the
election district.
2. All
provisional ballots cast in the
election, and all
election.
3. All
affidavits,
envelopes
envelopes,
and supporting
documentation to the Prothonotary.
documentation.
(i) Post election processing and notification.
(1) As soon as practical, but not later than 30 days following an election in which provisional ballots were used, the Department shall enter the appropriate data into a free access system so that
a person
an individual
who voted by provisional ballot may determine
whether or not that person’s
if their
ballot was counted, and if it was not counted,
the reason or
all of the
reasons
for which
it was not counted.
(2)
a.
The Department shall use the provisional ballot affidavit as authority to register
a person
an individual
to vote
who
after the individual
voted by provisional ballot in an election
and who
if all of the following apply:
1. The individual
is not already registered to
vote providing that the
vote.
2. The
minimum information required to register
a person
an individual
to vote is provided.
b.
The
Department shall use the
provisional ballot envelope
shall be used to transfer a registered voter’s
address and/or update the registered voter’s name when the address and/or name
to update all of the following if the information
is different than the information on the
person’s
individual’s
voter registration
record.
record:
1. The registered voter’s name.
2. The registered voter’s address.
Section 9. Amend § 4980, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4980. Return and custody of voting devices, media containing election results, and ballot container.
(b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected
for the purpose of conducting an audit under Chapter 50 of this title or
by any duly authorized member or agent of the General
Assembly,
Assembly or
the Attorney
General, or the Department for the purpose of conducting an
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.
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.
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