SB 329

                SPONSOR:
                Sen. Buckson & Sen. Cruce & Rep. Bolden & Rep. Michael Smith
                Sens. Pettyjohn, Wilson; Rep. Morrison
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 329
        AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTION RESULTS.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend § 101, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
        § 101. Definitions.
        As used in
        For purposes of
         this title:
        (28) “Tabulation” means to count votes and includes all of the following:
        a. Counting all ballots or votes.
        b. Recording the numbers of votes cast by ballots.
        c. Confirming the count of ballots or votes.
        Section 2. Amend Chapter 57, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
        § 5701. Superior Court as board of canvass; convening and composition of Court.
        (a)
        (1)a.
         The Superior Court
        (Court)
         shall convene in each county on the second day after the general election at 10 a.m., for the performance of the
        Court’s
         duties
        imposed upon it by
        under
         § 6 of article V of the
        Delaware
         Constitution
        of this State
         and
        by
        under
         this chapter.
        Thereupon the Court,
        b. The Court may perform the duties under this chapter
         with the aid of
        such of it’s
         the
        Court’s
         officers and
        such
         sworn assistants as
        it shall appoint,
        appointed.
        (2) The Court
         shall publicly
        ascertain the state
        certify the results
         of the election
        throughout the county and in the respective election districts by calculating the aggregate amount of all the votes for each office that shall have been given in all of the election districts of the county for every person voted for such office.
        for the county after tabulating all votes cast in each election district, for each individual, for each office on the ballot,
        using the material provided by the Department under paragraph (a)(3) of this section.
        (3)
        For this purpose, the Court shall
        utilize the voting machine recording tapes, voting machine certificates, absentee vote tally sheets and write-in vote tally sheets for each election district provided by the Prothonotary and the Department, whose
        The Department shall provide the Court with all of the following for each election district in the
        county for the election:
        a.
        The report of the votes cast on each voting device used at a polling place.
        b. The voting device certificates for each polling place.
        c. Absentee vote reports.
        d. Write-in vote reports.
        e. Absentee ballots.
        f. Early voting ballots.
        g. Provisional ballots.
        (4) The Department’s
         representatives shall sit as observers and assistants to the Court during
        said calculation
        the tabulation
         of the
        vote.
        vote under this section.
        (b) For the purposes of this chapter,
        the Superior Court shall consist in
        (1) The “Superior Court” means as follows:
        a. In
         New Castle
        County of
        County,
         the President Judge and the Resident
        Judge; in
        Judge.
        b. In
         Kent
        County of
        County,
         the Resident Judge and a Judge designated by the President
        Judge; and in
        Judge.
        c. In
         Sussex
        County of
        County,
         the Resident Judge and a Judge designated by the President Judge.
        For the purpose of this chapter, the
        (2)a. The
         Superior Court in each county, as
        so constituted,
        defined under paragraph (b)(1) of this section,
         shall be
        a board of canvass
        the “board of canvass”
         for the respective counties of this State.
        b. If a senatorial or representative district for the General Assembly is located in 2 or more counties, the Superior Court shall tabulate the votes cast under § 5715 of this title.
        § 5702. Duties of Court.
        (a)
        Whenever the voting machine recording tapes, voting machine certificates, absentee vote tally sheets, write-in vote tally sheets and absentee ballot box
        If any of the material under § 5701(a)(3) of this title
         for any election district
        are
        have
         not
        been
         produced when the Court convenes
        under § 5701(a)(1)a. of this title
         or
        whenever
        if
         any voting
        machine
        device
         is not available by 12:00 noon, the Court may issue summary process against the election officers of
        such
        that
         election
        district
        district,
         or any other
        persons
        persons,
         to bring
        such
        the
         documents or objects forthwith into the Court or to make them available for inspection by the Court.
        (b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any
        such
         document, or if fraud,
        mistake
        mistake,
         or omission is apparent on the face of
        such
        a
         document, the Court
        shall:
        shall do all of the following:
        (1)
        Open and examine the necessary
        voting machines and/or absentee ballot boxes;
        Examine any ballots as necessary.
        (2)
        Make a recount of
        Recount
         the votes contained
        therein;
        in the voting material examined.
        (3) Correct any fraud,
        mistake
        mistake,
         or omission in any document or paper relating to the election.
        (d)
        (1)
         The
        Department shall provide the
         Court
        shall also receive from the Department
        with
         a report of the number of absentee ballots delivered to each election
        district, from which it
        district.
        (2) The Court
         shall determine and make certain that all
        these
        of the
         ballots
        in the report received under paragraph (d)(1) of this section
         are recorded on the absentee vote
        tally sheets
        report
         for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected.
        § 5703. Vote required for election.
        In all elections, unless it
        be
        is
         otherwise expressly provided, a plurality or the highest number of votes
        shall
         make a choice, except where this principle is defeated by 2 or more
        persons having
        individuals receiving
         the same and the highest number of votes for the same office.
        § 5704. Votes for President and
        Vice-President
        Vice President
         as votes for their electors.
        The Court shall calculate the votes given for the candidates for President and
        Vice-President
        Vice President
         of a political party as votes
        given
        cast
         for each and all the electors of President and
        Vice-President
        Vice President
         of
        such
        that
         party, the names of whom are on file with the State Election Commissioner and as certified to the Court by the State Election Commissioner, and the Court shall make its certificates
        accordingly
        accordingly,
         in the form and manner provided
        by §§ 5705-5707
        under § 5706 and § 5707
         of this title.
        § 5705. Certificates of the results of the election; number required.
        (a)
        After the state of the election has been ascertained by calculating the votes, the Court shall make, under the seal of the Court, the certificates of the results of the election as provided in this section and §§ 5706 and 5707 of this title.
        (b) The number of such certificates to be prepared by the Court for each office shall be as follows:
        Electors for President and Vice-President of the United States, 3;
        Governor, 4;
        Lieutenant Governor, 4;
        Senator in the Senate of the United States, 2;
        Representative in the House of Representatives of the United States, 2;
        Attorney General, 4;
        Insurance Commissioner, 4;
        State Treasurer, 4;
        Auditor of Accounts, 4;
        Senator to the General Assembly, 2 for each Senator;
        Representative to the General Assembly, 2 for each Representative;
        Clerk of the Peace, 2;
        Register of Wills, 2;
        Recorder, 2;
        Levy Court Commissioner, 1 for each Commissioner;
        Receiver of Taxes and County Treasurer, 1;
        Sheriff, 2;
        County Executive of New Castle County, 1;
        County Council member of New Castle County, 1 for each Council member;
        County Council member of Sussex County, 1 for each Council member.
        [Repealed.]
        § 5706. Form of certificates.
        (a) The certificates of the Court of the results of the election in its county
        may
        must
         be according to the following
        form or be substantially similar to the following
         form:
        The State of Delaware, ________________________________ County, ss.
        Be it Remembered, that at the general election held on the Tuesday next after the first Monday in November, in the year
        of our Lord Two Thousand and
         ________________ for ________________________________ County, according to the Constitution and laws of the State of Delaware (here insert,
        to wit: If the certificate be of an election of electors of President and Vice President, of Governor and Lieutenant Governor, of Senator in the Senate of the United States, of Representative in Congress, of Attorney General, of Insurance Commissioner, of State Treasurer, of Auditor of Accounts, the number in words at length of votes given for each person voted for, for such respective offices; if the certificate be of an election of Senator or Representative in the General Assembly, or, of clerk of the peace, of register of wills, of recorder, of Levy Court Commissioner or Commissioners, of receiver of taxes and county treasurer, of sheriff, of county executive, of county council member,
         the
        information required under subsection (b) of this section for each office and the
         names of the
        persons
        individuals
         elected), which is manifest by
        calculating and ascertaining the aggregate amount
        tabulating
         of all votes
        given
        cast
         for each
        person
        individual
         voted for in all the election districts of the
        county, according to the provisions made by law in this behalf.
        county.
        In testimony, whereof, we ________________________________ and ________________________________ constituting the Superior Court for ________________________________  ________________________________ County, who have met and
        ascertained the state
        certified the results
         of the election throughout
        the said County,
        this county,
         as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the
        Court House in said County,
        courthouse in this county,
         on this ________ day of November,
        A. D.
         ________
        .
        (b) The manner of making the insertion
        may be
        under subsection (a) of this section is
         as follows:
        In case of Electors
        (1) If the certificate is of electors
         of President and Vice
        President
        President, the number of votes cast for each Elector, as follows:
        ________ votes
        were given
        cast
         for ________________________________ for
        Elector
        Elector.
        ________ votes were given for ________________________________ for Elector and so on, naming each person voted for.
        In case of Governor
        (2) If the certificate is of an election of Governor, Lieutenant Governor, Senator in the Senate of the United States, Representative in Congress, Attorney General, Insurance Commissioner, State Treasurer, or Auditor of Accounts, the number of votes cast for each individual voted, for each office, as follows:
        ________ votes were given for ________________________________ for
        Governor
        (office)
        ________ votes were given for ________________________________ for Governor and so on, naming each person voted for.
        In case of Lieutenant Governor
        ________ votes were given for ________________________________ for Lieutenant Governor
        ________ votes were given for ________________________________ for Lieutenant Governor and so on, naming each person voted for.
        In case of Senator in the Senate of the United States
        ________ votes were given for ________________________________ for United States Senator
        ________ votes were given for ________________________________ for United States Senator and so on, naming each person voted for.
        In case of Representative to Congress
        ________ votes were given for ________________________________ for Representative to Congress
        ________ votes were given for ________________________________ for Representative to Congress and so on, naming each person voted for.
        In case of Attorney General
        ________ votes were given for ________________________________ for Attorney General
        ________ votes were given for ________________________________ for Attorney General and so on, naming each person voted for.
        In case of Insurance Commissioner
        ________ votes were given for ________________________________ for Insurance Commissioner
        ________ votes were given for ________________________________ for Insurance Commissioner and so on, naming each person voted for.
        In case of State Treasurer
        ________ votes were given for ________________________________ for State Treasurer
        ________ votes were given for ________________________________ for State Treasurer and so on, naming each person voted for.
        In case of Auditor of Accounts
        ________ votes were given for ________________________________ for Auditor of Accounts
        ________ votes were given for ________________________________ for Auditor of Accounts and so on, naming each person voted for.
        In case of
        (3) If the certificate is of an election of
         Senators to
        the
         General
        Assembly
        Assembly, the name of each individual elected to the Senate, as follows:
        ________ was duly elected Senator for the ________________________________ Senatorial District for
        said
        ______________________________
         County in the General
        Assembly, (and so on, giving certificates for each Senator elected in the respective senatorial districts of the county) and was duly elected Senator for the ________________________________ Senatorial District for said
        ______________________________
          County in lieu of ________________________________ late Senator for said Senatorial District of said County in the General
        Assembly (and so on, giving certificates for each Senator elected in lieu of any other Senator for any senatorial district for said county in the General Assembly).
        Assembly.
        In case of
        (4) If the certificate is of an election of
         Representatives to General
        Assembly, the name of each individual elected to the House of Representatives, as follows:
        ________________________________ was duly elected Representative for the ________________________________ Representative District for
        said
        ______________________________
         County in the General
        Assembly (and so on, giving certificates for each Representative elected in the respective representative districts of the County).
        Assembly.
        In case
        (5)a. If the certificate is of an election
         of
        Clerk of the Peace
        a clerk of the peace, register of wills, recorder, county executive, county council member, Levy Court Commissioner, or sheriff, the name of individual elected to each office on the ballot for that election.
        b. The certificate of an election of a county council member or Levy Court Commissioner must include the district for the individual elected to each office.
        ________________________________ was duly elected Register of Wills for ________________________________ County.
        In case of Recorder
        ________________________________ was duly elected Recorder for ________________________________ County.
        In case of the County Executive for New Castle County
        ________________________________ was duly elected County Executive for New Castle County.
        In case of County Council member for New Castle County
        ________________________________ was duly elected County Council member for the ________________________________ Councilmemberic District in New Castle County; and so on, giving a certificate for each Council member elected in each Councilmemberic District in New Castle County.
        In case of County Councilmembers for Sussex County
        ________________________________ was duly elected Council member for the ________________________________ Councilmemberic District in Sussex County; and so on, giving a certificate for each Council member elected in each Councilmemberic District in Sussex County.
        In case of Levy Court Commissioners for Kent County
        ________________________________ was duly elected Levy Court Commissioner for ________________________________ District in said County (and so on, giving a certificate for each Levy Court Commissioner elected in each District in said County).
        In case of Receiver of Taxes and County Treasurer
        ________________________________ was duly elected Receiver of Taxes and County Treasurer for ________________________________ County.
        In case of Sheriff
        ________________________________ was duly elected Sheriff for ________________________________ County.
        § 5707. Enclosing certificates in envelopes.
        (a)
         The Court shall enclose and seal up each certificate separately in an envelope, with an endorsement
        thereon
         describing the certificate enclosed.
        Upon the paper
        (b) In the endorsement on an envelope
         enclosing the certificates of the election of Senator or Representative in the General
        Assembly
        Assembly, the Court shall include
         the name of the
        person chosen shall be endorsed.
        individual elected.
        § 5708. Tie vote; certificate.
        If, by reason of an equal number of votes having been cast for 2 or more
        persons
        individuals
         for
        the office of Senator or Representative in the General Assembly, clerk of the peace, register of wills, recorder, levy court commissioner, receiver of taxes and county treasurer, sheriff, county executive or county council member,
        an office,
         it appears to the Court that a vacancy will occur in
        the
        that
         office,
        the Court shall create
         a certificate of
        such fact shall thereupon be made under the hands of the Court, and
        this fact,
         under its seal,
        which certificate shall be transmitted by the Court to the Governor, and such certificate shall be delivered as provided in
        and deliver this certificate to the Governor under
         § 5709 of this title.
        § 5709. Disposition of certificates by the Court.
        (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:
        election, transmit, deliver, and lodge 1 certificate of the result of the election with the State Election Commissioner and as follows:
        (1)
        Transmit, deliver and lodge the certificates of the result of the election for
        For
         electors of President and
        Vice-President, 1
        Vice President,
         to the Governor,
        another to
         the Secretary of State, and
        the other to
         the Prothonotary of the
        county; and
        county.
        (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
        a. For Governor or
         Lieutenant
        Governor
        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
        this
         State, to the Secretary of
        State, who
        State.
        1. The Secretary of State
         shall keep the
        same
        certificate
         until a President of the Senate
        shall be chosen, to whom they shall be immediately transmitted after
        is chosen or returns to this State.
        2. After
         the President of the Senate’s
        election, who
        election or return to this State, the Secretary of State shall immediately transmit the certificate to the President of the Senate who
         shall open and publish the
        same
        certificate
         in the presence of the members of both Houses of the General
        Assembly, duplicates of which certificate
        Assembly.
        b. The Court
        of which certificate
         shall
        also be
         immediately
        lodged
        lodge a copy of the certificate
         with the Prothonotary of each
        county; and
        county when the certificate is delivered under paragraph (2)a. of this section.
        (4) Transmit, deliver and lodge 1 of each of the certificates of the result of the election for Senator, or Senators,
        from the State
        (3) For Senator
         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
        county.
        (5) Transmit, deliver and lodge 1 of each certificate of the result of the election for Representative, or Representatives,
        (4) For Representative
         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
        county.
        (6) Transmit, deliver and lodge 1 certificate of the result of the election for
        (5) For
         Attorney General,
        for
         Insurance Commissioner,
        for
         State
        Treasurer and for
        Treasurer, or
         Auditor of
        Accounts
        Accounts,
         to the Governor and
        the other certificate in
         the office of the Prothonotary of the
        county; and
        county.
        (7) Transmit and deliver 1 certificate of the result of the election of Senator and 1 certificate of the election of
        (6) For Senator or
         Representative in the General Assembly,
        in
        to
         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
        County.
        (8) Transmit and deliver 1 certificate of the election of the
        (7)a. For
         clerk of the peace,
        of
         register of wills,
        of
         recorder,
        and of
        or
         sheriff, to the
        Governor, and the other certificate to
        Governor.
        b. For the register of wills, recorder, or sheriff, to
         the clerk of the peace
        and the sheriff
         of the
        county, except the 1 for
        county.
        c. For
         clerk of the peace,
        which shall be delivered
         to the
        Prothonotary; and
        Prothonotary and the sheriff for the county.
        (9) Transmit and deliver the certificate of the election of each
        (8) For a
         Levy Court Commissioner or County Council member,
        in New Castle, Kent and Sussex Counties,
         to the clerk of the peace
        and the sheriff
         of the respective
        county; and
        county.
        (10) Deliver the certificate of election of the receiver of taxes and county treasurer to the clerk of the peace of the county; and
        [Repealed.]
        (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.
        [Transferred.]
        (b)
        The
        (1) The first day of the meeting of the General Assembly after the election, the
         Prothonotary of Kent County
        shall, on any day of the meeting of the General Assembly, deliver, if required,
        shall deliver
         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.
        received under paragraph (a)(6) of this section as follows:
        a. For a Senator, to the Senate.
        b. For a Representative, to the House of Representatives.
        (2) The sheriff shall deliver each certificate of election received under paragraph (a)(7) or (a)(8) of this section to the individual certified as having been elected.
        (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
        The
         State Election Commissioner
        who shall be
        is
         the master repository of all
        such certificates.
        certificates under this section.
        § 5710. Certification and proclamation by Governor of results of election of state officers.
        (a)
         The Governor, after receiving the certificates of the results of the election in each county,
        under the seal of the Superior Court,
         for the office of Attorney General, Insurance Commissioner, State
        Treasurer and
        Treasurer, and
         Auditor of Accounts,
        or any of whom shall have been voted for at the preceding general election, shall, without delay,
        shall
         examine the returns and declare
        the persons elected, and
        each individual elected.
        (b) The Governor
         shall issue certificates of
        such
        the
         election under the Governor’s own hand, and
        the same, together
        file the Governor’s certificates of the election
         with the
        aforesaid
         certificates of the results of the election
        in each county, shall be filed
        under subsection (a) of this section
         in the office of the Secretary of
        State, and the
        State.
        (c) The
         Governor shall by proclamation make public the
        state of the vote by causing the same to be published
        results of the election by publishing the certificates issued under subsection (b) of this section
         in 1 or more of the
        public
         newspapers
        of the respective
        published in the
        counties of this State, and shall issue commissions to the
        persons.
        individuals elected to office.
        § 5712. Representative in the Congress of the United States; announcement and certification of election.
        (a)
         The Governor, after receiving the
        certificates, under the seal of the Superior Court,
        certificates
         of the results of the election in each county for Representative in the Congress of the United States, shall without delay examine
        such
        these
         certificates and declare the
        person
        individual
         elected, and shall issue certificates of
        such
        the
         election, 1 of which the Governor shall transmit to the Secretary of State of the United States, and 1 to the
        person
        individual
         elected, under the Governor’s own hand and the Great Seal of the State.
        (b)
         The
        Governor shall file the
         certificates of the result of the election in each county
        under subsection (a) of this section
        shall be filed
         in the office of the Secretary of State.
        (c)
         The Governor shall by proclamation make public the state of the vote by
        causing
        publishing
         the
        same to be published
        certificates of the results
         in 1 or more of the public newspapers of this State.
        SYNOPSIS
        This Act updates Chapter 57 of Title 15 to reflect modern voting procedures. These updates are necessary because Chapter 57 of Title 15 provides the requirements under which the Superior Court (Court) performs its duties under § 6 of Article V of the Delaware Constitution to certify the results of each general election. As such, the requirements under this Chapter need to align with all of the current ballots and methods by which votes are cast to ensure that the results of general elections are properly certified and not subject to challenge.
        Specifically, this Act does all of the following:
        •	Aligns terms and definitions with current law and the updates that will be enacted under Senate Bill No. 266 (153rd General Assembly).
        •	Adds early voting ballots and provisional ballots to the materials that the Department of Elections must provide to the Court.
        •	Explains that the Court certifies the results of the election by tabulating the votes cast.
        •	Consolidates the requirements for the contents of certificates of elections and the delivery of those certificates to provide clarity and repeal contradictory and unnecessary provisions.
        This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
        Author: Senator Buckson