(a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters.

Terms Used In Delaware Code Title 15 Sec. 5513

  • 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
  • Judge: means judge of elections. See Delaware Code Title 15 Sec. 101

(b) In addition, the vote of an absentee voter may be challenged:

(1) On the ground that the statement filed by the voter in compliance with § 5503 of this title is false; or

(2) On the ground that the statement in the center of the face of the ballot envelope is not signed.

(c) If a challenge is made pursuant to subsection (a) of this section, an absentee judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED,” and shall set the envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. If a challenge is made pursuant to subsection (b) of this section, an absentee judge shall mark the ballot envelope as “CHALLENGED” and shall set it aside in a secure location for consideration at a later time as provided elsewhere in this title.

(d) All challenges to absentee ballots voted in a particular election district must be resolved before the counting of votes in that election district may be considered complete. Any challenge not resolved by the absentee judges within a reasonable time of the challenge having been made shall be referred for resolution to the county director and deputy county director of the Department in the county where such election district is located.

44 Del. Laws, c. 118, § ?14; 15 Del. C. 1953, § ?5517; 50 Del. Laws, c. 173, § ?2; 58 Del. Laws, c. 148, § ?135; 75 Del. Laws, c. 149, § ?1; 77 Del. Laws, c. 227, § ?1; 79 Del. Laws, c. 275, § ?92; 81 Del. Laws, c. 106, § 6;