Delaware Code, Title 15, § 4972 (Rules
Regarding What Constitutes a Legal Vote) shall apply to this article.
Election officers shall admit the following
persons to the voting room:
A.
Board of Elections members;
B.
Election officers;
C.
Persons voting and waiting to vote;
D.
A child or children 17 years of age or less accompanying
the voter;
E.
Department of Elections administrators or employees
identified by badge or other authorization;
F.
The Commissioner of Elections or an employee of the
Commissioner of Elections office identified by badge or other authorizations;
G.
Any person accompanying a Board of Elections member
a Department of Elections administrator or the Commissioner of Elections
except for an elected official of the municipality a candidate on
the ballot or a person associated in any way with the campaign of
a candidate on the ballot;
H.
Any other person deemed necessary to the conduct of
the election by the inspector except for an elected official of the
municipality a candidate on the ballot or a person associated in any
way with the campaign of a candidate on the ballot; or
I.
A person or persons required by a voter to assist
the voter in voting who is not the voter's employer agent of that
voters employer or union, or an elected official of the municipality
a candidate on the ballot or a person associated in any way with the
campaign of a candidate on the ballot.
A voter may ask a person or person of that voters
choice who is not that voters employer or an agent of that voters
employer or union, to assist that voter in voting.
Title 15, § 4942 of the Delaware State
Code applies to Town elections.
A.
For elections for Town government, each candidate
on the ballot may appoint and accredit one or more suitable persons
as challengers. One challenger at a time for each candidate on the
ballot at each voting location in a building may be present to observe
the conduct of the election and all election records. The challengers
may be changed and their places filled in like manner during the day.
Each challenger shall present the inspector a challenger authorization
for that election.
B.
The inspector shall issue each challenger a challenger
badge that the challenger shall wear while in the polling place. If
the person leaves the polling place the challenger shall surrender
the badge to the inspector and for elections for Town government retrieve
the challenger authorization from the inspector.
C.
Challengers may act as peace officers with the same
powers of preserving the peace as election officers. The election
officers shall protect them in the discharge of their duty as long
as the challengers do not create any disturbance or obstruction and
do not unreasonably prolong any challenge. The inspector shall caution
challengers concerning the foregoing. If a challenger persists in
objectionable behavior, the inspector may eject the challenger. Nothing
in this subsection of this section shall prevent the substitution
of another challenger for one whom the inspector ejected.
D.
If an inspector willfully ejects a challenger without
cause, that inspector shall be deemed to have knowingly and willfully
violated that inspector's own official duty.
E.
Any person legally in the polling place may challenge
any voter for identity address or bribery. The inspector shall hear
each challenge before the person being challenged enters a voting
machine. Once the inspector decides the challenge, the matter is decided.
and the challenged person will be either permitted to vote or not
permitted to vote, depending on the decision. A person denied permission
to vote shall leave the polling place immediately. A person challenged
for bribery may take and subscribe to the oath as provided in § 4940
of Title 15. Once the person has taken and subscribed to the oath,
the person shall be permitted to vote.
F.
No person who is accused of receiving or accepting
or offering to receive or accept or pays transfers or delivers or
offers or promises to pay transfer or deliver or contributes or offers
or promises to contribute to another to be paid or used any money
or other valuable thing as a compensation, inducement or reward for
giving or withholding or in any manner influencing the giving or withholding
a vote at any municipal election, shall vote at such election unless
such person being challenged for any of said causes takes and subscribes
to the oath or affirmation as provided for in § 4940 of
Title 15 of the Delaware State Code.
G.
Such oath or affirmation shall be conclusive evidence
to the election officers of the truth of such oath or affirmation,
but if any such oath or affirmation shall be false the person making
the same shall be guilty of perjury and no conviction thereon shall
bar any prosecution under § 8 of Article V of the constitution
of this state. Such oath or affirmation, when signed and attested
as provided in this section, shall be competent evidence in any proceeding
against the party making the same.
A.
The Town shall conduct all Town Council elections
using voting machines provided by the Sussex County Department of
Elections. The Department of Elections shall prepare the voting machines
for the election of members of a municipal government by listing the
names of all certified candidates submitted by the municipality in
alphabetical order by last name without political party or other designation.
B.
The Department of Elections shall:
(1)
Supervise the preparation of the voting machines so
that the voter choices are accurately reflected on the ballot.
(2)
Provide the materials needed to prepare the voting
machines for the election.
(3)
Deliver the voting machines documents forms envelopes
and signs prior to the election and pick up the voting machines following
the election.
(4)
Keep the voting machines used in an election sealed
for at least 30 days following the election or until any election
contest is settled, whichever is longer. If, however, these voting
machines are needed for a primary or general election prior to the
resolution of an election contest, the Department may print audit
records results and ballot images from each voting machine. The Department
shall seal these records in an appropriate container and retain them
until the contest is resolved.
C.
Two members of the Board of Elections for a municipality
conducting an election shall certify the voting machines to be used
in the election prior to the voting machines being delivered to the
polling place or places.
D.
Municipalities shall be responsible for providing
pens, rubber bands, tape and other supplies needed at the polling
place.
A.
Polling places shall be convenient and readily accessible
to the voters.
B.
Preparing the polling place prior to the election.
(1)
The election officers for each polling place shall
arrive at least one hour prior to the time set for opening of the
polls and shall proceed to arrange the furniture, documents, forms,
envelopes, signs, posters and voting machines for the conduct of the
election. They shall inspect the ballot cover and curtain of the machine
or machines to make certain that machine or machines has not been
damaged or tampered with in any manner. The election officers shall
also take reasonable steps to ensure that no mirror or camera is in
a position that would permit anyone to view the ballot.
(2)
The election officers shall post or place the following
posters and signs as follows:
(a)
In the voting room:
[1]
A voter information poster that includes information
on voter eligibility the date of the election and the hours that the
polling place or places are open, general information on the right
to vote, instructions on how to contact the appropriate officials
if these rights are alleged to have been violated, and general information
on the prohibition of acts or frauds and misrepresentation;
[2]
A sample ballot; and
[3]
Instructions on how to use the voting machine.
(d)
Signs marking the route between the entrance
and the accessible entrance and the voting room.
(e)
A poster or other visible object at the entrance
to the building used by voters and at the accessible entrance, if
different, that marks the building as a polling place.
(3)
The Department of Elections shall provide a voting
machine certificate that lists the serial number, ballot number, machine
case seal number, printer door number and the protective counter number
for each voting machine assigned to the district (where voting by
district is permitted) or polling place. Each election officer shall
witness and verify that the numbers listed on the voting machine certificate
are the same as the voting machine serial number, case seal number,
printer door seal number, ballot number and protective counter number
on the voting machine. If a number is different, the inspector shall
strike through the number, enter the appropriate correction and initial
the entry on each of the certificates.
(4)
The election officers shall then observe the opening
of the polls procedure for each voting machine assigned to the district
or polling place. If the light in the poll's ready-to-open box on
the officer's control panel is in any other but the top position prior
to the inspector pressing the "open polls" button, stop the procedure
and contact the Board of Elections. The machine cannot be used. If,
during the opening of the polls procedure, the paper tape shows error
all counters not zero ' stop the procedure and contact the Board of
Elections The machine cannot be used. At the conclusion of the open
polls procedure for each voting machine assigned to the district or
polling place, as appropriate, each election officer signs the paper
tape. After the last election officer signs the paper tape, the inspector
shall close the write-in window. Each election officer shall then
sign § 1 of the voting machine certificate after any discrepancies
that were observed were noted on the certificate.
(5)
At the time the polls are scheduled to open, the inspector
shall admit voters and authorized challengers to the voting room.
A.
If the Town does not use the state's voter registration
information: a person shall show proof of identity and address, the
election officer shall then check the person's name and address against
the municipality's registration list, or if the municipality does
not have a registration system, permit the person to vote if that
person is otherwise eligible to vote, have the person sign the voter
log, give the person an authorization to vote and direct that person
to the voting machine.
B.
If the Town uses the state's voter registration information
as the basis of permitting a person to vote, a person shall show proof
of identity and address and the election officer shall circle the
person's name on the poll list, have that person sign the voter log,
give the person an authorization to vote and direct that person to
the voting machine.
C.
If the election officer determines that the person
is not eligible to vote in the election, the election officer shall
refer the person to the inspector. The inspector, after hearing and
considering evidence, shall determine whether to permit the person
to vote. Upon making the decision, the inspector shall appropriately
annotate the poll list and/or voter log.
D.
If a person's eligibility to vote is challenged by
anyone for any reason, the inspector shall immediately hear and consider
the evidence and then decide whether the person is eligible to vote
Once the inspector has made that inspector's decision, there is no
appeal at the polling place.
A.
Thirty minutes prior to the closing of the polls,
the inspector shall announce or have another election officer announce
that the polls shall close in 30 minutes, both in the voting room
and outside of the entrance of the building used by voters.
B.
At the time that the polls close, the inspector shall
announce or have another election officer announce that the polls
have closed both in the voting room and outside of the entrance to
the building used by voters. The election officers shall permit any
person to vote who was in line at the time the polls closed.
C.
The election officers shall remove the cartridges
and tapes from each voting machine, record the protective counter
and seal numbers on the voting machine certificate, close the voting
machines, complete the vote tabulation for the election, and post
a copy of the results tape from each voting machine on the door of
the polling place.
D.
The election officers, as soon as possible after the
polls have closed and the unofficial results announced, shall deliver
all election documents, envelopes and absentee ballots to the municipality's
Board of Elections.
E.
The Town Board of Elections shall secure the documents,
envelopes and absentee ballots until the next Town election.
[Amended 4-15-2011 by Ord. No. 463]
A municipality shall pay the Department of Elections
that provides the voting machines for any municipal election $25 for
each voting machine used in the election. The respective Department
shall deliver and pick up the voting machines.
A.
A person certified as being elected shall not take
office before the seventh day following the election.
B.
The Town Board of Elections shall announce the results
of an election as soon as possible following the close of the polls.
C.
The Town Board of Elections shall recount the absentee
ballots if the difference between the top two candidates is 1/2 of
1% or less than the total votes cast for the office. Where electors
vote for more than one candidate for an office, the Town Board of
Elections shall recount absentee ballots if the difference between
the last candidate elected and the next closest candidate is 1/2 of
1% or less than the total votes cast for the office.
D.
The Town Board of Elections, following certification
of the election and the resolution of any contest, shall audit the
election records in order to reconcile the number of voters who cast
ballots as compared to the number of voters who returned absentee
ballots and voted on voting machines The results of this audit shall
be reported to the municipality's chief executive and be made available
for public review.
E.
Sections 5941 through 5955 (Contested Elections —
Other Officers) of Title 15 of the Delaware State Code apply to election
contests within the Town.
[1]
Editor's Note: See also Charter § 5.4.5(g).
