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Delaware Statutes § 3172 Calculation of votes; ties

⤴ Up to Subchapter IV: Procedure at Polling Places

Statute Text

(a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes. [In cases of statewide contests, the Department shall report the results to the State Election Commissioner.]
(b) In the case of any objection or dispute, the [board of elections for the county involved] State Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The [board] Board shall determine the result of the contested election and certify the name of the winning candidate or candidates. In the case of statewide contests, the State Election Commissioner shall be immediately notified of the [board's] Board's determination.
(c) In all cases of a tie vote, the [department] Department shall immediately notify the chair and secretary of the county committee of the political party holding the primary election. This committee shall convene within 5 days of such notification to determine which candidate shall be entitled to the nomination.
(d) In cases where there is a tie vote in a statewide contest, the State Election Commissioner shall immediately notify the chair and secretary of the state committee of the political party involved, and that committee shall convene within 5 days, as provided above, to decide upon the nomination.
(e) [In the event that] If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than [1,000 (in] 1,000 votes, in the case of a statewide [contest) votes] contest, or 1/2 of [1 percent (in the case of any contest)] 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is [less;] less, the Department shall recount the [absentee] ballots cast in that election at State expense as part of the canvass of the vote.

History

Amended by Laws 2019 , ch. 170 , s 8 , eff. 7/30/2019 .

Amended by Laws 2013 , ch. 275 , s 61 , eff. 7/1/2015 .

20 Del. Laws, c. 393, § 38; 27 Del. Laws, c. 66, § 1; Code 1915, § 1712; Code 1935, § 1800; 15 Del. C. 1953, § 3174; 58 Del. Laws, c. 148, § 145; 70 Del. Laws, c. 186 , § 1 ; 75 Del. Laws, c. 232 , § 34 .;

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