Delaware General Assembly






Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 60 of the Revised Code of Delaware of 1935, as amended, be and the same is hereby further amended by striking out and repealing all of Paragraph 1827. Sec. 18. thereof and by enacting and inserting in lieu thereof a new paragraph to be styled 1827. Sec. 18. as follows :

1827. Sec. 18. Room for Holding Elections; Department of Elections to Provide; Location; Plan of; Change of Voting Place; Notice; Furniture; Booths :--It shall be the duty of each Department of Elections for their respective Counties to select a voting place in each Election District within their respective Counties, and to provide the room in which any general or a special election is to be held, and it shall be the duty of the election officers appointed to hold the said general or special election, to construct therein the necessary number of booths, and to do all other things required to be done in and about the furnishing and fitting up of said election room. Said room shall have a door or entrance of easy or convenient access, and, if practicable, a separate means of exit. In each room there shall be provided a railing separating the part of the room to be occupied by the Election Officers from the remainder of the room, and such room shall also be provided with a suitable table and chairs for the use of the Election Officers. The table shall occupy such a position in said room as to enable the Election Officers and the Challengers hereinafter provided for, to easily communicate with each other. There shall also be constructed in every election room in each Election District at least one booth for every two hundred and fifty voters, or fractional part thereof, provided that there shall not be less than three booths in every room used for election purposes. The booths shall be at least three feet square and sic feet high, if the ceiling will so permit. Each booth shall contain a shelf properly constructed, and a suitable box fastened to the booth to contain the ballots hereinafter provided for, and shall be so constructed and arranged that all the Election Officers in the room can see whether more than one voter enters any of the booths at any one time.

If at any time it shall be impractical to hold the election in any election district at the place selected and designated by the Department of Elections for the respective county in which said Election District is located, the Department of Elections for the respective county shall have power to select and designate some other place in said election district as near as can be conveniently obtained to the place previously selected and designated; and in such event, public notice thereof shall be made by notices posted in at least five of the most public places in said election district, if circumstances will permit of such notice being given, but if not, then such public and general notice shall be made as the circumstances will permit.

Section 2. That Chapter 60 of the Revised Code of Delaware of 1935, as amended, be and the same is hereby further amended by striking out and repealing all of Paragraph 1859. Sec. 50 thereof and by enacting and inserting in lieu thereof a new paragraph to be styled 1859. Sec. 50 as follows:

1859. Sec. 50. Distinguishing Marks; When Ballots Not Counted; Disputed Envelopes and Ballots How Preserved; Unused Envelopes Destroyed; Counted Ballots and Envelopes How Dis- posed of; Ballots; How Counted and Disposed of:--In the counting of the votes any ballot contained in an envelope which is not endorsed with the names of the Clerks of the Election, as provided

in this Chapter, or any ballot which shall bear such a mark, impression or device that it is apparent that such was placed thereon with the intent of distinguishing such ballot, or any ballot which is contained in any envelope which shall bear any such distinguishing mark, impression or device, shall be void and shall not be counted ; and any ballot, or part of a ballot, from which it is impossible to determine the electors choice of candidates shall not be counted as to the candidate or candidates affected thereby ; provided, however, that all such ballots and envelopes and all disputed ballots and envelopes shall be preserved by the Inspector, and, at the close of the count, placed with the seals of the envelope packages in the box into which the ballots shall have been put when read.

If any envelope shall be found to contain more than one of each official ballot authorized by law to be voted at any election, none of the ballots contained therein shall be counted ; but if any envelope shall contain less than one of each official ballot, such ballot or ballots, if otherwise valid, shall be counted and shall not be rejected for the reason that there was not one of each official ballot in said envelope.

The Election Officers shall also record on the tally list memoranda of such ballots and envelopes and the condition of the seal of the envelope packages, and in any contest of election any such ballot, envelope or seals may be submitted in evidence. Immediately on closing the polls, the envelopes remaining unused shall be counted. Those envelopes on which the Clerks of Election shall have written their names and remain unused shall be destroyed by the Election Officers of the several Election Districts by totally consuming by fire, and the envelopes remaining unused upon which the Clerks of Election shall not have written their names, shall be returned to the respective Clerks of the Peace in the manner hereinafter provided and the Election Officers shall certify the number of envelopes so destroyed and the number of envelopes so returned on the respective tally lists.

In the counting of the ballots, each ballot or ballots shall be removed from its envelope and immediately counted for the candidates voted for thereon, and, after being counted, immediately shall be returned to the envelope from which the same has or have been taken, and shall be secured therein by a rubber band, and thereafter disposed of as provided in Section 55 of this Chapter.

Approved April 22, 1943.