§ 1083 — Counting ballots; tie vote; certification of election

(a) The Department of Elections conducting an election in accordance with this title shall compile and announce the unofficial results as soon as possible after the close of the election. No later than 15 days following the close of a public school election, the Department of Elections conducting the election shall canvass the vote and certify the results of the election as provided in subsection (d) of this section. For the election of school board members, the persons receiving the highest number of votes shall be declared duly elected to the position of school board member. The Department of Elections conducting the election shall keep the certificate of the results of each public school election conducted under this title as a public record in their offices.

(b) In case of a tie:

(1) For the election of school board members, no later than the third Saturday in June following the May election, another election shall be held in accordance with this chapter to decide which of the candidates so tied shall be elected school board member;

(2) For an election pursuant to Chapter 19, 20 or 21 of this title and for elections to determine a consolidation, division or change of boundaries of a reorganized school district, another election shall be held not less than 30 days nor more than 60 days after the date of the tied election, in accordance with this chapter, in order to break the tie.

(c) The Department of Elections conducting the election shall give a certificate of election to each person elected to the office of school board member.

(d)Certification requirements. —(1) In the case of an election pursuant to Chapter 10 or 19 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district no later than the 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(2) In the case of an election pursuant to Chapter 20 or 21 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(3) In the case of an election to determine a consolidation, division or change of boundaries of a reorganized school district, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than l6 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(e) Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or1/2of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. The Department of Elections that conducted the elections shall:

(1) Examine the voting machine tape from each voting machine used in the election and determine if the results were properly reported. The department shall then correct any results that were incorrectly reported.

(2) Examine the absentee vote tally sheets and determine if errors were made in reporting the absentee vote. The department shall then correct any errors in the reporting of the absentee votes.

(3) Count or cause to be counted all absentee ballots that were cast in the election and correct any errors in the tally that had been reported.

(4) Certify or, if necessary, recertify the recompiled results as required by this title.

Legislative History

14 Del. C. 1953, § 1083; 56 Del. Laws, c. 292, § 6 ; 70 Del. Laws, c. 515, § 13 ; 71 Del. Laws, c. 180, § 53 ; 74 Del. Laws, c. 122, §§ 31-34