Delaware Code Title 15 Sec. 5008A – Preparation of voting devices
(a) (1) The Department shall cause sufficient voting devices to be delivered to the proper polling places before the time appointed for the election officers to report for duty.
(2) The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election:
a. Confirming that the most recent federally-approved software is installed.
b. Checking accuracy by doing 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
Terms Used In Delaware Code Title 15 Sec. 5008A
- 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. See Delaware Code Title 15 Sec. 101
- 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 not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- Election officers: means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title. See Delaware Code Title 15 Sec. 101
- political party: means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. See Delaware Code Title 15 Sec. 101
- 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
(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.
(c) The Department shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the voting devices, to do all of the following:
(1) Certify the numbers on the voting devices and the election districts for which they are designated.
(2) Certify that all voting devices are in proper working condition.
(3) Certify that the voting devices are properly sealed.
(d) [Repealed.]
(e) The Department shall test all voting systems to ascertain that the voting systems will accurately count the votes cast for all offices and on all questions. Public 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.
(f) The certification required by this section is a public record and must be available at the Department.
(g) The Department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall ensure the voting devices’ safety and protection.
63 Del. Laws, c. 409, § ?1; 70 Del. Laws, c. 154, §§ ?13-17; 70 Del. Laws, c. 186, § ?1; 82 Del. Laws, c. 170, § 40;