Delaware Statutes § 4980 Return and custody of voting devices, media containing election results, and ballot container
Statute Text
(a)
Immediately after the election, and within the 2 days immediately following the day of election,
[the voting machines and absentee ballot boxes shall]
all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must
be stored in
[some]
a
safe and secure place provided by the
[department of elections.]
Department.
While the board of canvass is conducting its canvass of the vote,
[the machines and ballot boxes shall]
all voting materials must
be in the custody of the Prothonotary. While in the Prothonotary's custody,
[the voting machines and the absentee ballot boxes]
the voting materials
may be
[opened and]
examined by order of the board of canvass or any other court of competent jurisdiction.
(b)
After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of
[the voting machine and absentee ballot boxes over to the department of elections.]
the voting materials over to the Department.
The
[department]
Department
shall leave the
[ballot boxes]
voted paper ballots and all documentation extracted from the media containing the election results
undisturbed and locked
[until the following February 1.]
for 22 months after the day of the election.
During this period, the
[ballot boxes may be opened for inspection]
voted paper ballots and all documentation extracted from the media containing the election results may be inspected
by any duly authorized member or agent of the General
[Assembly or]
Assembly,
the Attorney
[General.]
General, or the Department for the purpose of conducting an audit under § 5012A of this title.
[After February 1 the department shall be free to unlock, clean out, inspect and repair any absentee ballot box.]
History
Amended by Laws 2019 , ch. 170 , s 30 , eff. 7/30/2019 .
15 Del. C. 1953, § 4982; 58 Del. Laws, c. 148, § 99; 60 Del. Laws, c. 403, § 1; 70 Del. Laws, c. 186 , § 1 ; 70 Del. Laws, c. 506 , § 18 ; 75 Del. Laws, c. 232 , §§ 63 , 64 .;
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