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Delaware Statutes § 7581 Challenges

⤴ Up to Subchapter V: Absentee Voting in Municipal Elections Except for the City of Wilmington

Statute Text

(a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters.
(b) In addition, the vote of an absentee voter may be challenged:
(1) On the ground that the [affidavit] statement filed by the voter in compliance with § 7572 of this title is false; or
(2) On the ground that the self-administered [affidavit] statement on the ballot envelope is not signed.
(c) If a challenge is made pursuant to subsection (a) of this section, an absentee judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as "CHALLENGED", and shall set the envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. If a challenge is made pursuant to subsection (b) of this section, an absentee judge shall mark the ballot envelope as "CHALLENGED" and shall set it aside in a secure location for consideration at a later time as provided elsewhere in this title.
(d) All challenges to absentee ballots must be resolved before the counting of votes may be considered complete. Any challenge not resolved by the absentee judges within a reasonable time of the challenge having been made shall be referred to the board of elections for the municipality for resolution.

History

Amended by Laws 2017 , ch. 419 , s 4 , eff. 9/4/2018 .

76 Del. Laws, c. 52 , § 2 .;

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