Delaware Code § 15-5308

Canvass of ballots from special polling place
Open in Lexace · Ask the AI about this section
The Superior Court, sitting as a board of canvass, shall receive the certificate, and in ascertaining and certifying the state of the election
shall take into consideration the number of ballots certified by the inspector to have been received by that inspector and for whom and
what office the votes were given, and give the certificate the same force and effect as a certificate of the election officers at any of the
regular places of holding the election. The votes so given shall be reckoned among the number of votes given in the election district
where they were received by the inspector, in the same manner as if they had been given at the regular place of voting in the district;
provided always, however, that the Court shall be required to hear and determine challenges as to the right of any person, who delivered
that person's own ballot to the inspector, and reject any ballot if the person who cast the same had not a right to vote under the Constitution
and laws of this State, either from want of qualification, or by reason of having voted at any other place in the State where the person
was entitled to vote on the same day. Such of the ballots so received by the inspector, as are not rejected by the Court and also the list
of voters, and the certificate shall be deposited by the Court in the regular ballot box of the election district where they were cast, and
the box shall then be immediately resealed by the Court. The Court may also open the ballot box for the purpose. The Court may also
examine on oath the inspector touching any matter connected with the inspector's holding of the election, and may if it appear to it that
the election was not fairly held by such inspector, reject the inspector's certificate and throw out the vote returned by that inspector.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.