(a) A citizen of a municipality may submit a written complaint to the State Election Commissioner regarding any aspect of that municipality’s election activity that is contrary to state or federal law which altered or is reasonably likely to have altered the result of the election. Such complaint shall be filed no later than 20 days after the result of the municipal election shall have been certified by the municipality’s Board of Elections. The complaint shall state with particularity:
(1) The action or activity that is contrary to state or federal law; and
(2) The specific basis for the complainant’s belief that such activity altered or is reasonably likely to have altered the result of the election.
(b) The State Election Commissioner shall review the complaint and such other materials as he or she deems necessary or appropriate. If, following such review, the Commissioner determines there is reasonable probability that conduct in violation of state or federal law altered or is reasonably likely to have altered the result of the election, then the Commissioner shall file suit in Superior Court on behalf of the complainant to invalidate the result of the election or such other relief as shall be appropriate.
78 Del. Laws, c. 248, § 4; 70 Del. Laws, c. 186, § 1.
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