Delaware Statutes § 5008A Preparation of voting devices

Statute Text

(a)

(1) The [department of elections] Department shall cause sufficient voting devices to be delivered to the proper polling places [prior to] before the time appointed for the election officers to report for duty.

(2) The Department shall certify that each voting device to be used in an election has been properly prepared and [inspected.] inspected by doing all of the following before each primary and general election:

a. Confirming that the most recent federally-approved software is installed.

b. Checking accuracy by doing the following:

1. Simulating voting by entering sample votes on the voting device.

2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically

(b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate [one] 1 representative to be present during the inspection.

(c) The [board of elections] Department shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the [devices:] voting devices, to do all of the following:

(1) [To inspect each device to make certain it is in good working order and that the proper ballot labels have been placed in it;] Certify the numbers on the voting devices and the election districts for which they are designated.

(2) [To examine and/or test each voting position for proper registration;] Certify that all voting devices are in proper working condition.

(3) [To certify such inspections and testing upon a record provided by the department.] Certify that the voting devices are properly sealed.

(d) [The Department shall cause all ballot cards, if used by the voting system, to be sealed in a metal transfer carrier and the seal number recorded. Two representatives of the Board of Elections, of opposite political affiliation, shall examine each voting device and insure that each voting device is sealed with the numbered seal as required. They shall:]

[(1) Certify the numbers on the voting devices and the election districts for which they are designated;]

[(2) Certify that all voting devices are in proper working condition;]

[(3) Certify that the voting devices are properly sealed; and]

[(4) Certify that the correct ballot has been properly secured in the voting device.] [Repealed.]

(e) The Department shall [have the automatic tabulating equipment used in mark sense or punch mark tabulation tested] test all voting systems to ascertain that [it] the voting systems will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test [shall] of both the voting device system and the absentee ballot system must be published and a test must be conducted within [5] 10 days [of] before the election. [The tabulating equipment shall pass the same test] [at the conclusion of the count before the election returns are approved. Two representatives of the Board of Elections, of opposite political affiliation, shall certify that this has been done.]

(f) The certification required by this section [shall be] is a public record [in the office of the department of elections.] and must be available at the Department.

(g) The [department] Department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall [insure] ensure the voting devices' safety and protection.

History

Amended by Laws 2019 , ch. 170 , s 40 , eff. 7/30/2019 .

63 Del. Laws, c. 409, §1; 70 Del. Laws, c. 154 , §§ 13 - 17 ; 70 Del. Laws, c. 186 , § 1 .;

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