Delaware Statutes § 5001A Requirements

Statute Text

(a) [Any] An electronic voting system may be adopted, [purchased] purchased, or used [which shall be so constructed as to fulfill] if it meets all of the following requirements:

(1) Each voting device [shall] must have a serial number permanently attached to or stamped to the [device;] device.

(2) [It shall secure] Secure to the voter secrecy in the act of voting for or against as many questions as may be [submitted;] submitted.

(3) [It shall permit] Permit the voter to vote for the candidates of 1 or more parties, or to write in the name or candidate of the voter's choice for any [office;] office.

(4) [It shall permit] Permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, and the automatic tabulating equipment used in such electronic voting systems shall reject choices recorded on any ballot card or any voting device if the number of such choices exceeds the number to which a voter is [entitled;] entitled.

(5) [It shall prevent] Prevent the voter from voting for the same person more than once for the same [office;] office.

(6) [It shall permit] Permit the voter to vote for or against any question the voter may have the right to vote upon, but no [other;] other.

(7) [It shall permit] Permit each voter in primary elections to vote only for the candidates of the party with which the voter has declared that voter's own affiliation, and preclude the voter from voting for any candidate seeking nomination by any other political [party;] party.

(8) [It shall correctly] Correctly record and accurately count all votes cast for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by [votes;] votes.

(9) [It shall be] Be provided with means for sealing the vote recording devices to prevent its use and to prevent tampering with ballot labels, both before and after the polls are open or before the operation of the vote recording device for any election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is [completed;] completed.

(10) [If individual paper ballots are used, the paper ballot shall include a serialized stub number for each ballot issued to a voter to be retained by the poll worker which will show at all times during any election a total number of persons who have voted.] [Repealed.]

(11) [It shall be] Be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch or other action; however, it shall be provided with a device or method for each party, for voting for all presidential electors of that party by 1 mark, punch or other action.

(b) [Every voting device or booth shall be provided with a means of providing sufficient light to enable voters while in the voting booth to read the ballots or ballot labels.] All voting devices used in any election [shall] must be provided with side curtains and front shield to [insure] ensure that no person can see or know for whom any voter has voted or is voting.

(c) A voting device or system purchased by the State must be certified by the United States Election Assistance Commission, or designated federal authority, as meeting or exceeding the voluntary voting systems standards or guidelines as promulgated by the United States Election Assistance Commission, or designated federal authority, before delivery to and acceptance by the State.

(d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter's polling place.

History

Amended by Laws 2019 , ch. 170 , s 35 , eff. 7/30/2019 .

63 Del. Laws, c. 409, §1; 70 Del. Laws, c. 154 , §§ 1 - 4 ; 70 Del. Laws, c. 186 , § 1 .;

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