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§ 5008A Preparation of voting devices.

15 DE Code § 5008A (2019) (N/A)
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(a) (1) The Department shall cause sufficient voting devices to be delivered to the proper polling places before the time appointed for the election officers to report for duty.

(2) The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election:

a. Confirming that the most recent federally-approved software is installed.

b. Checking accuracy by doing the following:

1. Simulating voting by entering sample votes on the voting device.

2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically

(b) The Department shall mail written notices to the State Chairperson of each party with candidates listed on the ballot, stating the time and place at which the voting device will be inspected. The State Chairperson of each such political party may designate 1 representative to be present during the inspection.

(c) The Department shall designate at least 2 representatives of opposite political affiliation, other than the person preparing the voting devices, to do all of the following:

(1) Certify the numbers on the voting devices and the election districts for which they are designated.

(2) Certify that all voting devices are in proper working condition.

(3) Certify that the voting devices are properly sealed.

(d) [Repealed.]

(e) The Department shall test all voting systems to ascertain that the voting systems will accurately count the votes cast for all offices and on all questions. Public notice of the time and place of the test of both the voting device system and the absentee ballot system must be published and a test must be conducted within 10 days before the election.

(f) The certification required by this section is a public record and must be available at the Department.

(g) The Department shall require that all persons with custody of the voting devices, either for delivery or storage before and after the election, shall ensure the voting devices’ safety and protection.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 13-17; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 170, § 40.

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