Delaware Statutes § 7558 Election results; recounts; contests

Statute Text

(a) A person certified as being elected shall not take office before the seventh day following certification of the election.

(b) The municipal Board of Elections shall announce the results of an election as soon as possible following the close of the polls.

(c) The municipal Board of Elections shall recount the [absentee] ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount [absentee] the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office.

(d) No later than 48 hours following the closing of the polls, the municipal Board of Elections shall convene within to determine the result of the election and certify the name of the winning candidates.

(e) If, following certification of the election and the resolution of any contest, there is a tie vote for a municipal office, then the State Election Commissioner shall order a new election in which only the candidates or positions tied will be on the ballot, unless the laws of the municipality otherwise provide. The municipality shall conduct the special election in accordance with this subchapter; provided, however, that the Department of Elections shall defray the cost of such election up to a cap of $2,500.

(f) The municipal Board of Elections, following certification of the election and the resolution of any contest, shall audit the election records in order to reconcile the number of voters who cast ballots as compared to the number of voters who returned absentee ballots and voted on voting machines. The results of this audit shall be reported to the municipality's chief executive and be made available for public review.

(g) Sections 5941 through 5955 of this title apply to election contests within municipalities. For purposes of this subsection, the words "county, district or hundred" as used in § 5941 of this title shall mean "municipality" and the words "board of canvass" as used throughout §§ 5941 through 5955 of this title shall mean "municipal Board of Elections."

History

Amended by Laws 2019 , ch. 170 , s 57 , eff. 7/30/2019 .

75 Del. Laws, c. 342 , § 2 ; 76 Del. Laws, c. 52 , § 1 ; 78 Del. Laws, c. 248 , § 5 .;

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