Delaware Statutes § 4972 Rules regarding what constitutes a legal vote
Statute Text
(a)
Votes cast on a
[direct recording electronic]
voting
[machine shall be considered]
device are
legal votes once the voter has taken the necessary action or actions to cast a ballot. A voter who has cast a ballot on a
[direct recording electronic]
voting
[machine shall]
device may
not be permitted to cast a second ballot under any circumstances.
The paper ballot reflecting the voter's choices is the legal ballot of record.
(b)
Votes cast at any election on
voter-marked
paper ballots
[shall]
must
be counted for whom
[they]
the votes
are intended as far as can be ascertained by the marks on the ballot. The following rules
[shall]
must
be observed in determining those votes on paper ballots that
[shall]
must
be counted:
(1)
The voter shall mark the ballot for the voter's selections
[by placing a distinct mark in the box at the right of the name of the candidate and or response to a question for which the voter wants to vote;]
as instructed.
(2)
Where a voter indicates the voter's own selections in a manner not in accordance with paragraph (b)(1) of this section, the election officers shall attempt to determine from the marks on the ballot the candidate or response that the voter intended to
[select;]
select.
(3)
If it is not possible to determine a voter's choice for an office or response to a question, the ballot
[shall]
may
not be counted for that office or question but
[shall]
must
be counted for all other offices and questions on the ballot where the voter's intention can be
[determined;]
determined.
(4)
A voter may only vote for 2 or more choices for any office or question when specifically instructed on the ballot that it is
[allowable;]
allowable.
(5)
Where a voter is permitted to make more than 1 choice for candidates and or responses to a question, the voter may make fewer than the allowable number of
[choices;]
choices.
(6)
If a ballot is marked for more names or responses than are permitted, it
[shall]
must
not be counted for that office or question, but it
[shall]
must
be counted for all other offices or questions on the ballot in accordance with
[these rules;]
the rules under this section.
(7)
If a ballot has been defaced or torn so that it is impossible to determine the voter's choice for 1 or more offices or questions, it
[shall]
must
not be counted for
[such]
the
offices or questions but
[shall]
must
be counted for all other offices and questions where the voter's choice or choices can be
[determined;]
determined.
(8)
The misspelled,
[incomplete]
incomplete,
or minor variation of the name of a declared write-in candidate for an office
[shall]
must
be counted if the name as written bears a reasonable resemblance to the declared candidate's name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter's intention. Additionally, writing in the last name of a declared write-in candidate
[shall constitute]
constitutes
a valid vote unless there are 2 or more candidates for that office with the same last
[name; and]
name.
(9)
Writing in the name of either candidate for President or
[Vice-President shall constitute]
Vice President constitutes
a valid vote for the slate.
History
Amended by Laws 2019 , ch. 170 , s 25 , eff. 7/30/2019 .
21 Del. Laws, c. 38, § 21; 27 Del. Laws, c. 65, § 24; 27 Del. Laws, c. 65, § 23; Code 1915, §§ 1769, 1770; 40 Del. Laws, c. 143, § 1; Code 1935, §§ 1858, 1859; 44 Del. Laws, c. 122, § 2; 15 Del. C. 1953, § 4974; 58 Del. Laws, c. 148, §§ 92, 93; 61 Del. Laws, c. 480, § 15; 70 Del. Laws, c. 186 , § 1 ; 74 Del. Laws, c. 168, § 8; 76 Del. Laws, c. 315 , § 2.;
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