Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.
21 Del. Laws, c. 38, § 8; Code 1915, § 1747; Code 1935, § 1836; 45 Del. Laws, c. 154, § 8; 15 Del. C. 1953, § 4901; 58 Del. Laws, c. 215, § 34.;
§ 4902. Absence of election officer on election day; notice to department.
If on the day of holding an election any election officer authorized by law to serve at the election in any election district
shall be absent from the place of election at 7:00 in the forenoon, the inspector, if present, or, in the absence of the inspector,
then any judge who may be present, shall immediately notify the department of elections for that inspector's or judge's county
of such absence.
21 Del. Laws, c. 38, § 9; Code 1915, § 1748; Code 1935, § 1837; 45 Del. Laws, c. 154, § 9; 15 Del. C. 1953, § 4902; 58 Del. Laws, c. 148, §§ 74, 75; 70 Del. Laws, c. 186, § 1.;
§ 4903. Reading of election law provisions to election officers.
Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled
election officers.
19 Del. Laws, c. 37, § 25; 27 Del. Laws, c. 65, §§ 22, 32; Code 1915, §§ 1761, 1763; Code 1935, §§ 1850, 1852; 15 Del. C. 1953, § 4903; 75 Del. Laws, c. 232, § 51.;
§ 4904. Oath at polling place before opening an election.
Before opening the election, the inspector, judges, clerks and any other
appointed election officers shall subscribe to the following oath:
"I do solemnly swear (or affirm) that in the election to be held on the
........ day of ............ A. D. ........ I will not knowingly or
willfully receive or consent to the receiving of the vote of any alien, and
also that I will not receive or consent to the receiving of the vote of any
person whom I shall believe not entitled to vote, unless my associates shall
adjudge such person to be entitled to vote. That I will not receive or reject,
nor concur in receiving or rejecting any vote through partiality or under
bias, and that I will determine every matter that shall come before me and
perform every act and duty by law required of me, touching the election,
truly, faithfully and impartially, according to the best of my skill and
judgment; that I will cause the ballots that shall be taken at such election
to be fully read and ascertained, and a true statement thereof to be made,
according to the best of my knowledge and ability; that I have not received,
nor will I receive directly or indirectly from or through any candidate to be
voted for at such election, or any other person, any money, pay or other
valuable thing or reward; that I have not been promised, or in any manner been
led to believe that I will at any time directly or indirectly receive any
money, pay or other valuable thing or reward from such candidate or other
person other than that provided by law and if I shall discover any partiality,
unfairness or corruption in the conduct of the election, I shall disclose the
same the Department of Elections that is conducting the election and to the
Attorney General to the end that the subject may be investigated, so help me
God (or so I solemnly affirm)."
God (or so I solemnly affirm)."
21 Del. Laws, c. 38, §§ 7, 12; Code 1915, §§ 1746, 1751; Code 1935, §§ 1835, 1840; 15 Del. C. 1953, § 4904; 75 Del. Laws, c. 232, § 52.;
§§ 4905-4908. Meaning and scope of inspector's or judge's oath; oath of clerk of elections on election day; meaning and scope
of clerk's oath; reading of sections declaring meaning and scope of oaths.
Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.
§ 4909. Administering and signing the oath.
(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election
officers appointed in the election district. A judge shall then administer the oath to the inspector.
(b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the
oath to any election officer who was not present when the oath was administered to the other election officers. The election
officer shall then sign the oath of office.
21 Del. Laws, c. 38, § 12; Code 1915, § 1751; Code 1935, § 1840; 15 Del. C. 1953, § 4909; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 54.;
§ 4910. Instruction sheets; sample ballots.
(a) The State Election Commissioner, in collaboration with the Departments of Elections for the counties, shall design poster(s)
that will be uniform throughout the State. The poster(s) shall be publicly displayed in each polling place on the day of the
election. The poster(s) shall contain the following information:
(1) Information stating the date and hours during which the polling place will be open;
(2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(3) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [42
U.S.C. § 15483(b)];
(4) General information on voting rights under applicable federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged
to have been violated; and
(5) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
(b) The departments of elections shall also provide for each election district 2 sample ballots applicable to such election
district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram
showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for
voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample
ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies
to the proper election officers throughout the county.
(c) The departments of elections shall deliver sample ballots free of change for each unique ballot in the county to the county
chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the
election.
(1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more.
(2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor
parties may receive up to 15 sample ballots without charge.
(3) Each department of elections shall establish the cost for additional sample ballots beyond the number specified in paragraphs
(1) and (2) of this subsection above.
(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the department in each county
shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any
political party in any county. However, the department of elections shall not have printed any sample ballots upon the order
or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing
at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient
to cover the cost of the sample ballots be paid at the time they are ordered.
19 Del. Laws, c. 37, § 16; 27 Del. Laws, c. 65, § 14; Code 1915, § 1736; Code 1935, § 1825; 45 Del. Laws, c. 154, § 6; 15 Del. C. 1953, § 4910; 49 Del. Laws, c. 294, § 13; 54 Del. Laws, c. 69, § 1; 58 Del. Laws, c. 148, § 76; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 6; 74 Del. Laws, c. 168, § 6; 75 Del. Laws, c. 232, §§ 55-57; 77 Del. Laws, c. 227, § 2.;
§ 4911. Display of flags, signs and maps at polling places.
(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance
of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall
be provided by the appropriate Department of Elections.
(b) The department of elections shall print individual, large-size wall maps for each representative district within the State.
The individual maps shall also designate the boundaries of all election districts within each representative district, with
every polling place therein plainly marked on the map.
(c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in
each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said
map to determine correct voting places, election districts and representative districts so long as there is no unreasonable
interference with voting procedures.
Code 1935, § 1759; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 45 Del. Laws, c. 148, § 27; 45 Del. Laws, c. 149, § 27; 15 Del. C. 1953, §§ 4107, 4912; 55 Del. Laws, c. 458, § 2; 58 Del. Laws, c. 92; 58 Del. Laws, c. 148, § 78; 61 Del. Laws, c. 480, § 8; 67 Del. Laws, c. 354, § 28; 70 Del. Laws, c. 188, § 25.;
§ 4912. Procedure prior to opening of polls.
(a) The election officers of each election district shall attend at the polling place three quarters of an hour before the
time set for opening of the polls and shall proceed to arrange the furniture, stationery and voting machine for the conduct
of the election. If not previously collected, the election officers shall collect from the department of elections a list
of voters who have voted by absentee ballot and shall maintain the same at the polling place. The election officers shall
cause to be posted conspicuously within the polling place an instruction poster and 2 sample ballots. They shall see that
the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon
the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it
has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it
that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides or
top of the voting machine.
(b) The 2 voting machine certificates shall be delivered to the election officers at least three quarters of an hour before
the time set for the opening of the polls. Section 1 of the voting machine certificates shall list the serial number, ballot
number, machine case seal number, printer door number and the protective counter number for each voting machine assigned to
the election district. Each election officer shall witness and verify that the numbers listed on the voting machine certificates
are the same as the voting machine serial number, machine case seal number, printer door seal number, ballot number and protective
counter number on the voting machine. If a number is different, the inspector shall strike through the number, enter the appropriate
correction and initial the entry on each of the certificates. At the completion of this comparison, each election officer
shall sign in the appropriate place in section 1 of each of the voting machine certificates.
(c) The election officers shall observe the opening of the polls procedure for each voting machine assigned to the election
district. If the light in the polls ready to open box on the officer's control panel is in any other but the top position
prior to the inspector pressing the open polls button, stop the procedure and contact the Department of Elections. The machine
cannot be used. If, during the opening of the polls procedure, the paper tape shows "error all counters not zero," stop the
procedure and contact the Department of Elections. The machine cannot be used. At the conclusion of the open polls procedure
for each voting machine assigned to the election district, each election officer signs the paper tape. After the last election
officer signs the paper tape, the inspector will close the write-in window.
19 Del. Laws, c. 37, § 15; 27 Del. Laws, c. 65, § 13; Code 1915, § 1764; Code 1935, § 1853; 15 Del. C. 1953, § 4913; 49 Del. Laws, c. 294, § 15; 58 Del. Laws, c. 148, § 79; 70 Del. Laws, c. 506, § 7; 75 Del. Laws, c. 149, § 2; 75 Del. Laws, c. 232, § 58; 77 Del. Laws, c. 227, § 58.;
§ 4913. Presence of party representative to aid in qualification of election officers; presence of other persons.
(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then
printed for any general or special election may at the opening of the election be present to aid in the proper qualification
of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper
hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or
the place where the election is held.
(b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section
shall enter the room in which the voting is to take place before the opening of the polls.
21 Del. Laws, c. 38, § 16; Code 1915, § 1755; Code 1935, § 1844; 15 Del. C. 1953, § 4915.;
Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.
21 Del. Laws, c. 38, § 8; Code 1915, § 1747; Code 1935, § 1836; 45 Del. Laws, c. 154, § 8; 15 Del. C. 1953, § 4901; 58 Del. Laws, c. 215, § 34.;
§ 4902. Absence of election officer on election day; notice to department.
If on the day of holding an election any election officer authorized by law to serve at the election in any election district
shall be absent from the place of election at 7:00 in the forenoon, the inspector, if present, or, in the absence of the inspector,
then any judge who may be present, shall immediately notify the department of elections for that inspector's or judge's county
of such absence.
21 Del. Laws, c. 38, § 9; Code 1915, § 1748; Code 1935, § 1837; 45 Del. Laws, c. 154, § 9; 15 Del. C. 1953, § 4902; 58 Del. Laws, c. 148, §§ 74, 75; 70 Del. Laws, c. 186, § 1.;
§ 4903. Reading of election law provisions to election officers.
Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled
election officers.
19 Del. Laws, c. 37, § 25; 27 Del. Laws, c. 65, §§ 22, 32; Code 1915, §§ 1761, 1763; Code 1935, §§ 1850, 1852; 15 Del. C. 1953, § 4903; 75 Del. Laws, c. 232, § 51.;
§ 4904. Oath at polling place before opening an election.
Before opening the election, the inspector, judges, clerks and any other
appointed election officers shall subscribe to the following oath:
"I do solemnly swear (or affirm) that in the election to be held on the
........ day of ............ A. D. ........ I will not knowingly or
willfully receive or consent to the receiving of the vote of any alien, and
also that I will not receive or consent to the receiving of the vote of any
person whom I shall believe not entitled to vote, unless my associates shall
adjudge such person to be entitled to vote. That I will not receive or reject,
nor concur in receiving or rejecting any vote through partiality or under
bias, and that I will determine every matter that shall come before me and
perform every act and duty by law required of me, touching the election,
truly, faithfully and impartially, according to the best of my skill and
judgment; that I will cause the ballots that shall be taken at such election
to be fully read and ascertained, and a true statement thereof to be made,
according to the best of my knowledge and ability; that I have not received,
nor will I receive directly or indirectly from or through any candidate to be
voted for at such election, or any other person, any money, pay or other
valuable thing or reward; that I have not been promised, or in any manner been
led to believe that I will at any time directly or indirectly receive any
money, pay or other valuable thing or reward from such candidate or other
person other than that provided by law and if I shall discover any partiality,
unfairness or corruption in the conduct of the election, I shall disclose the
same the Department of Elections that is conducting the election and to the
Attorney General to the end that the subject may be investigated, so help me
God (or so I solemnly affirm)."
God (or so I solemnly affirm)."
21 Del. Laws, c. 38, §§ 7, 12; Code 1915, §§ 1746, 1751; Code 1935, §§ 1835, 1840; 15 Del. C. 1953, § 4904; 75 Del. Laws, c. 232, § 52.;
§§ 4905-4908. Meaning and scope of inspector's or judge's oath; oath of clerk of elections on election day; meaning and scope
of clerk's oath; reading of sections declaring meaning and scope of oaths.
Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.
§ 4909. Administering and signing the oath.
(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election
officers appointed in the election district. A judge shall then administer the oath to the inspector.
(b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the
oath to any election officer who was not present when the oath was administered to the other election officers. The election
officer shall then sign the oath of office.
21 Del. Laws, c. 38, § 12; Code 1915, § 1751; Code 1935, § 1840; 15 Del. C. 1953, § 4909; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 54.;
§ 4910. Instruction sheets; sample ballots.
(a) The State Election Commissioner, in collaboration with the Departments of Elections for the counties, shall design poster(s)
that will be uniform throughout the State. The poster(s) shall be publicly displayed in each polling place on the day of the
election. The poster(s) shall contain the following information:
(1) Information stating the date and hours during which the polling place will be open;
(2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(3) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [42
U.S.C. § 15483(b)];
(4) General information on voting rights under applicable federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged
to have been violated; and
(5) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
(b) The departments of elections shall also provide for each election district 2 sample ballots applicable to such election
district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram
showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for
voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample
ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies
to the proper election officers throughout the county.
(c) The departments of elections shall deliver sample ballots free of change for each unique ballot in the county to the county
chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the
election.
(1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more.
(2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor
parties may receive up to 15 sample ballots without charge.
(3) Each department of elections shall establish the cost for additional sample ballots beyond the number specified in paragraphs
(1) and (2) of this subsection above.
(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the department in each county
shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any
political party in any county. However, the department of elections shall not have printed any sample ballots upon the order
or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing
at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient
to cover the cost of the sample ballots be paid at the time they are ordered.
19 Del. Laws, c. 37, § 16; 27 Del. Laws, c. 65, § 14; Code 1915, § 1736; Code 1935, § 1825; 45 Del. Laws, c. 154, § 6; 15 Del. C. 1953, § 4910; 49 Del. Laws, c. 294, § 13; 54 Del. Laws, c. 69, § 1; 58 Del. Laws, c. 148, § 76; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 6; 74 Del. Laws, c. 168, § 6; 75 Del. Laws, c. 232, §§ 55-57; 77 Del. Laws, c. 227, § 2.;
§ 4911. Display of flags, signs and maps at polling places.
(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance
of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall
be provided by the appropriate Department of Elections.
(b) The department of elections shall print individual, large-size wall maps for each representative district within the State.
The individual maps shall also designate the boundaries of all election districts within each representative district, with
every polling place therein plainly marked on the map.
(c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in
each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said
map to determine correct voting places, election districts and representative districts so long as there is no unreasonable
interference with voting procedures.
Code 1935, § 1759; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 45 Del. Laws, c. 148, § 27; 45 Del. Laws, c. 149, § 27; 15 Del. C. 1953, §§ 4107, 4912; 55 Del. Laws, c. 458, § 2; 58 Del. Laws, c. 92; 58 Del. Laws, c. 148, § 78; 61 Del. Laws, c. 480, § 8; 67 Del. Laws, c. 354, § 28; 70 Del. Laws, c. 188, § 25.;
§ 4912. Procedure prior to opening of polls.
(a) The election officers of each election district shall attend at the polling place three quarters of an hour before the
time set for opening of the polls and shall proceed to arrange the furniture, stationery and voting machine for the conduct
of the election. If not previously collected, the election officers shall collect from the department of elections a list
of voters who have voted by absentee ballot and shall maintain the same at the polling place. The election officers shall
cause to be posted conspicuously within the polling place an instruction poster and 2 sample ballots. They shall see that
the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon
the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it
has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it
that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides or
top of the voting machine.
(b) The 2 voting machine certificates shall be delivered to the election officers at least three quarters of an hour before
the time set for the opening of the polls. Section 1 of the voting machine certificates shall list the serial number, ballot
number, machine case seal number, printer door number and the protective counter number for each voting machine assigned to
the election district. Each election officer shall witness and verify that the numbers listed on the voting machine certificates
are the same as the voting machine serial number, machine case seal number, printer door seal number, ballot number and protective
counter number on the voting machine. If a number is different, the inspector shall strike through the number, enter the appropriate
correction and initial the entry on each of the certificates. At the completion of this comparison, each election officer
shall sign in the appropriate place in section 1 of each of the voting machine certificates.
(c) The election officers shall observe the opening of the polls procedure for each voting machine assigned to the election
district. If the light in the polls ready to open box on the officer's control panel is in any other but the top position
prior to the inspector pressing the open polls button, stop the procedure and contact the Department of Elections. The machine
cannot be used. If, during the opening of the polls procedure, the paper tape shows "error all counters not zero," stop the
procedure and contact the Department of Elections. The machine cannot be used. At the conclusion of the open polls procedure
for each voting machine assigned to the election district, each election officer signs the paper tape. After the last election
officer signs the paper tape, the inspector will close the write-in window.
19 Del. Laws, c. 37, § 15; 27 Del. Laws, c. 65, § 13; Code 1915, § 1764; Code 1935, § 1853; 15 Del. C. 1953, § 4913; 49 Del. Laws, c. 294, § 15; 58 Del. Laws, c. 148, § 79; 70 Del. Laws, c. 506, § 7; 75 Del. Laws, c. 149, § 2; 75 Del. Laws, c. 232, § 58; 77 Del. Laws, c. 227, § 58.;
§ 4913. Presence of party representative to aid in qualification of election officers; presence of other persons.
(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then
printed for any general or special election may at the opening of the election be present to aid in the proper qualification
of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper
hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or
the place where the election is held.
(b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section
shall enter the room in which the voting is to take place before the opening of the polls.
21 Del. Laws, c. 38, § 16; Code 1915, § 1755; Code 1935, § 1844; 15 Del. C. 1953, § 4915.;
Notice of an election shall be given by suitable news media and/or by publishing the same at least 5 days prior to any election.
21 Del. Laws, c. 38, § 8; Code 1915, § 1747; Code 1935, § 1836; 45 Del. Laws, c. 154, § 8; 15 Del. C. 1953, § 4901; 58 Del. Laws, c. 215, § 34.;
§ 4902. Absence of election officer on election day; notice to department.
If on the day of holding an election any election officer authorized by law to serve at the election in any election district
shall be absent from the place of election at 7:00 in the forenoon, the inspector, if present, or, in the absence of the inspector,
then any judge who may be present, shall immediately notify the department of elections for that inspector's or judge's county
of such absence.
21 Del. Laws, c. 38, § 9; Code 1915, § 1748; Code 1935, § 1837; 45 Del. Laws, c. 154, § 9; 15 Del. C. 1953, § 4902; 58 Del. Laws, c. 148, §§ 74, 75; 70 Del. Laws, c. 186, § 1.;
§ 4903. Reading of election law provisions to election officers.
Before reading and subscribing of the oath, the inspector shall read §§ 5123, 5124 and 5125 of this title to the assembled
election officers.
19 Del. Laws, c. 37, § 25; 27 Del. Laws, c. 65, §§ 22, 32; Code 1915, §§ 1761, 1763; Code 1935, §§ 1850, 1852; 15 Del. C. 1953, § 4903; 75 Del. Laws, c. 232, § 51.;
§ 4904. Oath at polling place before opening an election.
Before opening the election, the inspector, judges, clerks and any other
appointed election officers shall subscribe to the following oath:
"I do solemnly swear (or affirm) that in the election to be held on the
........ day of ............ A. D. ........ I will not knowingly or
willfully receive or consent to the receiving of the vote of any alien, and
also that I will not receive or consent to the receiving of the vote of any
person whom I shall believe not entitled to vote, unless my associates shall
adjudge such person to be entitled to vote. That I will not receive or reject,
nor concur in receiving or rejecting any vote through partiality or under
bias, and that I will determine every matter that shall come before me and
perform every act and duty by law required of me, touching the election,
truly, faithfully and impartially, according to the best of my skill and
judgment; that I will cause the ballots that shall be taken at such election
to be fully read and ascertained, and a true statement thereof to be made,
according to the best of my knowledge and ability; that I have not received,
nor will I receive directly or indirectly from or through any candidate to be
voted for at such election, or any other person, any money, pay or other
valuable thing or reward; that I have not been promised, or in any manner been
led to believe that I will at any time directly or indirectly receive any
money, pay or other valuable thing or reward from such candidate or other
person other than that provided by law and if I shall discover any partiality,
unfairness or corruption in the conduct of the election, I shall disclose the
same the Department of Elections that is conducting the election and to the
Attorney General to the end that the subject may be investigated, so help me
God (or so I solemnly affirm)."
God (or so I solemnly affirm)."
21 Del. Laws, c. 38, §§ 7, 12; Code 1915, §§ 1746, 1751; Code 1935, §§ 1835, 1840; 15 Del. C. 1953, § 4904; 75 Del. Laws, c. 232, § 52.;
§§ 4905-4908. Meaning and scope of inspector's or judge's oath; oath of clerk of elections on election day; meaning and scope
of clerk's oath; reading of sections declaring meaning and scope of oaths.
Repealed by 75 Del. Laws, c. 232, § 53, effective Feb. 1, 2006.
§ 4909. Administering and signing the oath.
(a) The oath required in § 4904 of this title shall be administered by the inspector to the judges, clerks and other election
officers appointed in the election district. A judge shall then administer the oath to the inspector.
(b) All election officers who are subscribing to the oath shall sign the oath of office. The inspector shall administer the
oath to any election officer who was not present when the oath was administered to the other election officers. The election
officer shall then sign the oath of office.
21 Del. Laws, c. 38, § 12; Code 1915, § 1751; Code 1935, § 1840; 15 Del. C. 1953, § 4909; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 54.;
§ 4910. Instruction sheets; sample ballots.
(a) The State Election Commissioner, in collaboration with the Departments of Elections for the counties, shall design poster(s)
that will be uniform throughout the State. The poster(s) shall be publicly displayed in each polling place on the day of the
election. The poster(s) shall contain the following information:
(1) Information stating the date and hours during which the polling place will be open;
(2) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(3) Instructions for mail-in registrants who are first-time voters under § 303(b) of the Help America Vote Act of 2002 [42
U.S.C. § 15483(b)];
(4) General information on voting rights under applicable federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged
to have been violated; and
(5) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
(b) The departments of elections shall also provide for each election district 2 sample ballots applicable to such election
district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram
showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for
voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample
ballots shall be delivered to the departments of elections which shall in turn deliver them with the other election supplies
to the proper election officers throughout the county.
(c) The departments of elections shall deliver sample ballots free of change for each unique ballot in the county to the county
chairperson or the agent for the county chairperson for each party on the ballot at least 10 days prior to the date of the
election.
(1) Major political parties shall be given 15 sample ballots unless the party chairperson requests fewer or more.
(2) Minor political parties shall be sent 1 sample ballot showing each office on the ballot unless they request more. Minor
parties may receive up to 15 sample ballots without charge.
(3) Each department of elections shall establish the cost for additional sample ballots beyond the number specified in paragraphs
(1) and (2) of this subsection above.
(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the department in each county
shall cause to be printed such further number of sample ballots as shall be directed by the chair of any committee of any
political party in any county. However, the department of elections shall not have printed any sample ballots upon the order
or request of any chair of any committee of any political party unless the request shall have been made to him or her in writing
at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient
to cover the cost of the sample ballots be paid at the time they are ordered.
19 Del. Laws, c. 37, § 16; 27 Del. Laws, c. 65, § 14; Code 1915, § 1736; Code 1935, § 1825; 45 Del. Laws, c. 154, § 6; 15 Del. C. 1953, § 4910; 49 Del. Laws, c. 294, § 13; 54 Del. Laws, c. 69, § 1; 58 Del. Laws, c. 148, § 76; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 6; 74 Del. Laws, c. 168, § 6; 75 Del. Laws, c. 232, §§ 55-57; 77 Del. Laws, c. 227, § 2.;
§ 4911. Display of flags, signs and maps at polling places.
(a) During the hours that a primary, general or special election is open, there shall be displayed at or near the entrance
of each polling place so as to be readily visible a flag or poster bearing the words POLLING PLACE. The flag or poster shall
be provided by the appropriate Department of Elections.
(b) The department of elections shall print individual, large-size wall maps for each representative district within the State.
The individual maps shall also designate the boundaries of all election districts within each representative district, with
every polling place therein plainly marked on the map.
(c) The representative district maps printed in compliance with this section shall be displayed in a prominent location in
each polling place of such representative district during regular voting hours. Any voter shall be allowed access to said
map to determine correct voting places, election districts and representative districts so long as there is no unreasonable
interference with voting procedures.
Code 1935, § 1759; 42 Del. Laws, c. 116, § 1; 43 Del. Laws, c. 124, § 1; 44 Del. Laws, c. 112, § 1; 45 Del. Laws, c. 148, § 27; 45 Del. Laws, c. 149, § 27; 15 Del. C. 1953, §§ 4107, 4912; 55 Del. Laws, c. 458, § 2; 58 Del. Laws, c. 92; 58 Del. Laws, c. 148, § 78; 61 Del. Laws, c. 480, § 8; 67 Del. Laws, c. 354, § 28; 70 Del. Laws, c. 188, § 25.;
§ 4912. Procedure prior to opening of polls.
(a) The election officers of each election district shall attend at the polling place three quarters of an hour before the
time set for opening of the polls and shall proceed to arrange the furniture, stationery and voting machine for the conduct
of the election. If not previously collected, the election officers shall collect from the department of elections a list
of voters who have voted by absentee ballot and shall maintain the same at the polling place. The election officers shall
cause to be posted conspicuously within the polling place an instruction poster and 2 sample ballots. They shall see that
the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon
the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it
has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it
that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides or
top of the voting machine.
(b) The 2 voting machine certificates shall be delivered to the election officers at least three quarters of an hour before
the time set for the opening of the polls. Section 1 of the voting machine certificates shall list the serial number, ballot
number, machine case seal number, printer door number and the protective counter number for each voting machine assigned to
the election district. Each election officer shall witness and verify that the numbers listed on the voting machine certificates
are the same as the voting machine serial number, machine case seal number, printer door seal number, ballot number and protective
counter number on the voting machine. If a number is different, the inspector shall strike through the number, enter the appropriate
correction and initial the entry on each of the certificates. At the completion of this comparison, each election officer
shall sign in the appropriate place in section 1 of each of the voting machine certificates.
(c) The election officers shall observe the opening of the polls procedure for each voting machine assigned to the election
district. If the light in the polls ready to open box on the officer's control panel is in any other but the top position
prior to the inspector pressing the open polls button, stop the procedure and contact the Department of Elections. The machine
cannot be used. If, during the opening of the polls procedure, the paper tape shows "error all counters not zero," stop the
procedure and contact the Department of Elections. The machine cannot be used. At the conclusion of the open polls procedure
for each voting machine assigned to the election district, each election officer signs the paper tape. After the last election
officer signs the paper tape, the inspector will close the write-in window.
19 Del. Laws, c. 37, § 15; 27 Del. Laws, c. 65, § 13; Code 1915, § 1764; Code 1935, § 1853; 15 Del. C. 1953, § 4913; 49 Del. Laws, c. 294, § 15; 58 Del. Laws, c. 148, § 79; 70 Del. Laws, c. 506, § 7; 75 Del. Laws, c. 149, § 2; 75 Del. Laws, c. 232, § 58; 77 Del. Laws, c. 227, § 58.;
§ 4913. Presence of party representative to aid in qualification of election officers; presence of other persons.
(a) A single representative of each political party which has nominated a ticket and which is represented on the ballot then
printed for any general or special election may at the opening of the election be present to aid in the proper qualification
of the election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper
hour therefor having arrived, such representatives of such political party shall immediately retire from the voting room or
the place where the election is held.
(b) No person, other than the election officers, and the party representatives mentioned in subsection (a) of this section
shall enter the room in which the voting is to take place before the opening of the polls.
21 Del. Laws, c. 38, § 16; Code 1915, § 1755; Code 1935, § 1844; 15 Del. C. 1953, § 4915.;
