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Delaware Statutes § 5709 Disposition of certificates by the court

⤴ Up to Chapter 57: Canvass of Vote and Proclamation of Results of Election

Statute Text

(a) The Court shall, within 3 days after making the certificates of the result of the election for electors of President and Vice-President, either personally or by a person deputed by it for that purpose:
(1) Transmit, deliver and lodge the certificates of the result of the election for electors of President and Vice-President, 1 to the Governor, another to the Secretary of State, and the other to the Prothonotary of the county; and
(2) Transmit, deliver and lodge the certificates of the result of the election for Governor, according to the directions of the Constitution in that behalf; and
(3) Transmit, deliver and lodge 1 of the certificates of the result of the election for Lieutenant Governor to the President of the Senate, or in case of a vacancy in the office of President of the Senate, or the President of the Senate's absence from the State, to the Secretary of State, who shall keep the same until a President of the Senate shall be chosen, to whom they shall be immediately transmitted after the President of the Senate's election, who shall open and publish the same in the presence of the members of both Houses of the General Assembly, duplicates of which certificate shall also be immediately lodged with the Prothonotary of each county; and
(4) Transmit, deliver and lodge 1 of each of the certificates of the result of the election for Senator, or Senators, from the State in the Senate of the United States, to the Governor, and lodge the other of such certificates in the office of the clerk of the peace of the county; and
(5) Transmit, deliver and lodge 1 of each certificate of the result of the election for Representative, or Representatives, in the House of Representatives of the United States, to the Governor, and lodge the other certificate in the office of the clerk of the peace of the county; and
(6) Transmit, deliver and lodge 1 certificate of the result of the election for Attorney General, for Insurance Commissioner, for State Treasurer and for Auditor of Accounts to the Governor and the other certificate in the office of the Prothonotary of the county; and
(7) Transmit and deliver 1 certificate of the result of the election of Senator and 1 certificate of the election of Representative in the General Assembly, in the office of the Prothonotary for Kent County, and further shall deliver, on the first day of the meeting of the General Assembly after the election, the other certificate of the election of Senator to the Senate, and the other certificate of the election of Representatives to the House of Representatives; and
(8) Transmit and deliver 1 certificate of the election of the clerk of the peace, of register of wills, of recorder, and of sheriff, to the Governor, and the other certificate to the clerk of the peace of the county, except the 1 for clerk of the peace, which shall be delivered to the Prothonotary; and
(9) Transmit and deliver the certificate of the election of each Levy Court Commissioner or County Council member, in New Castle, Kent and Sussex Counties, to the clerk of the peace of the respective county; and
(10) Deliver the certificate of election of the receiver of taxes and county treasurer to the clerk of the peace of the county; and
(11) Send 1 for each of such officers to the sheriff of the county to be by that sheriff delivered to the respective parties certified to have been elected.
(b) The Prothonotary of Kent County shall, on any day of the meeting of the General Assembly, deliver, if required, the certificates of election of Senators or of Representatives to the order of the House to which it belongs, or to the person named in the endorsement thereon.
(c) In addition to making the disposition of the aforesaid certificates, the Court, within 3 days after making such certificates, shall, either personally or by a person designated by it for that purpose, transmit, deliver and lodge a duly executed copy of each of the aforesaid certificates with the State Election Commissioner who shall be the master repository of all such certificates.

History

Amended by Laws 2015 , ch. 209 , s 11 , eff. on the date on which the term of the present Kent County Comptroller expires or on the occasion of such individual's death, resignation, or removal from office for cause, whichever occurs first. .

21 Del. Laws, c. 38, § 28; Code 1915, § 1782; 34 Del. Laws, c. 110, § 2; Code 1935, § 1871; 46 Del. Laws, c. 153, § 1; 15 Del. C. 1953, § 5709; 57 Del. Laws, c. 567, § 52; 70 Del. Laws, c. 186 , § 1 ; 72 Del. Laws, c. 434 , § 8 ; 73 Del. Laws, c. 91, § 13.;

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