Delaware Code Title 14 Sec. 1086 – Absentee voting
(a) Any individual qualified to vote in a school district election who shall be unable to appear to cast their ballot at the polling place of their school district on the date of the election may cast their vote by absentee ballot provided that the voter qualifies under 1 of the provisions of § 5502 of Title 15 and files a statement under § 5503 of Title 15, in a form prescribed by the State Commissioner of Elections, with the appropriate county department of elections by 12:00 noon, local time of the day prior to the election.
Terms Used In Delaware Code Title 14 Sec. 1086
- Department of Elections conducting the election: means the Department of Elections in the county in which the office of the superintendent of a public school district is located and which is responsible for conducting elections in accordance with Chapters 10, 19, 20 and 21 of this title for that school district, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the Department of Elections for Kent County and public school elections in the Woodbridge School District shall be conducted by the Department of Elections for Sussex County. See Delaware Code Title 14 Sec. 1071
- Election: shall include a referendum where applicable. See Delaware Code Title 14 Sec. 1071
- Public school election: means an election to elect 1 or more members to a board of education and any election conducted in accordance with Chapter 19, 20 or 21 of this title. See Delaware Code Title 14 Sec. 1071
- Reorganized school district: means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division. See Delaware Code Title 14 Sec. 1071
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The Commissioner of Elections, in consultation with the Department of Elections for the counties, shall promulgate an absentee voting system that shall include envelopes and instructions similar to those provided for in Chapter 55 of Title 15. The Department of Elections responsible for conducting a public school election within a reorganized school district shall prepare the appropriate absentee ballots for any election conducted in accordance with this title. Upon receipt of the executed statement under § 5503 of Title 15, by at least 12:00 noon of the day prior to the election, the department of elections shall:
(1) Deliver an official ballot to the elector if the elector personally appears at the appropriate department of elections office; or
(2) Follow the instructions contained within the elector’s statement to mail the official ballot and instructions to the elector; provided, that the statement is received by the department of elections by at least 12:00 noon, local time, of the fourth day prior to the election.
(3) Nothing contained in this subsection shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon, local time, of the day prior to any school election when the request is made less than 3 days prior to the day of the election.
(4) All absentee ballots must be returned to the appropriate department of elections prior to the closing of the polls on the day of the election. All absentee ballots received after the closing of the polls shall be voided and not opened. Each absentee ballot received in this manner shall be stamped with the date and time it was received and initialed by a representative of the department and retained as part of the official election record.
(c) All absentee ballots received by the Department of Elections conducting the election prior to the close of the polls on the day of the election shall remain sealed and held within that Department of Elections until such time that the absentee votes are to be counted.
(d) The Department of Elections conducting the election may appoint one or more boards of election officers to tally the absentee votes for a public school election within the offices of that Department of Elections and/or designate 1 or more polling places to tally the aforesaid absentee ballots. The tallying of the absentee ballots may commence no earlier than 10 a.m. on the day of the election. The absentee tally shall remain secret until after the close of the polls on the day of the election at which time the results shall be added to the election results. Anyone violating that secrecy shall be punished as provided by law.
(e) All absentee voting records, materials, and ballots shall be retained by the Department of Elections conducting the election for 1 year following the close of the elections. At the end of the said year, the ballots, materials and other absentee voting records shall be destroyed.
67 Del. Laws, c. 447, § ?1; 69 Del. Laws, c. 271, §§ ?1, 2; 70 Del. Laws, c. 515, §§ ?16-22; 74 Del. Laws, c. 122, §§ ?36, 37; 81 Del. Laws, c. 425, §§ 6, 7;