§ 3172 — Calculation of votes; ties

(a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes.

(b) In the case of any objection or dispute, the State Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board shall determine the result of the contested election and certify the name of the winning candidate or candidates. In the case of statewide contests, the State Election Commissioner shall be immediately notified of the Board’s determination.

(c) In all cases of a tie vote, the Department shall immediately notify the chair and secretary of the county committee of the political party holding the primary election. This committee shall convene within 5 days of such notification to determine which candidate shall be entitled to the nomination.

(d) In cases where there is a tie vote in a statewide contest, the State Election Commissioner shall immediately notify the chair and secretary of the state committee of the political party involved, and that committee shall convene within 5 days, as provided above, to decide upon the nomination.

(e) If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.

Legislative History

20 Del. Laws, c. 393, § 38 ; 27 Del. Laws, c. 66, § 1 ; Code 1915, § 1712; Code 1935, § 1800; 15 Del. C. 1953, § 3174; 58 Del. Laws, c. 148, § 145 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 232, § 34 ; 79 Del. Laws, c. 275, § 61 ; 82 Del. Laws, c. 170, § 8