(a) An electronic voting system may be adopted, purchased, or used if it meets all of the following requirements:

(1) Each voting device must have a serial number permanently attached to or stamped to the device.

(2) Secure to the voter secrecy in the act of voting for or against as many questions as may be submitted.

(3) Permit the voter to vote for the candidates of 1 or more parties, or to write in the name or candidate of the voter’s choice for any office.

(4) Permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, and the automatic tabulating equipment used in such electronic voting systems shall reject choices recorded on any ballot card or any voting device if the number of such choices exceeds the number to which a voter is entitled.

(5) Prevent the voter from voting for the same person more than once for the same office.

(6) Permit the voter to vote for or against any question the voter may have the right to vote upon, but no other.

(7) Permit each voter in primary elections to vote only for the candidates of the party with which the voter has declared that voter’s own affiliation, and preclude the voter from voting for any candidate seeking nomination by any other political party.

(8) Correctly record and accurately count all votes cast for any and all candidates of a political party, and for or against any and all questions, and correctly record the names of all candidates written in by votes.

(9) Be provided with means for sealing the vote recording devices to prevent its use and to prevent tampering with ballot labels, both before and after the polls are open or before the operation of the vote recording device for any election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed.

(10) [Repealed.]

(11) Be so equipped that it shall prevent the voter from voting for all the candidates of 1 party by the use of a single mark, punch or other action; however, it shall be provided with a device or method for each party, for voting for all presidential electors of that party by 1 mark, punch or other action.

(b) All voting devices used in any election must be provided with side curtains and front shield to ensure that no person can see or know for whom any voter has voted or is voting.

(c) A voting device or system purchased by the State must be certified by the United States Election Assistance Commission, or designated federal authority, as meeting or exceeding the voluntary voting systems standards or guidelines as promulgated by the United States Election Assistance Commission, or designated federal authority, before delivery to and acceptance by the State.

(d) The Department shall prepare a plan that enables a voter to cast a ballot if every voting device in the polling place fails and consequently a voter is unable to vote on a voting device in the voter’s polling place.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 1-4; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 170, § 35.