§ 4327 — Elector voting

(a) At the time designated for elector voting and after all vacant positions have been filled under § 4326 of this title, the Secretary of State shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector’s presidential and vice-presidential ballots with the elector’s votes for the offices of President and Vice President, respectively, along with the elector’s signature and the elector’s legibly printed name.

(b) Except as otherwise provided by law of this State other than this subchapter, each elector shall present both completed ballots to the Secretary of State, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under § 4324 or § 4326(c) of this title. Except as otherwise provided by law of this State other than this subchapter, the Secretary of State may not accept and may not count either an elector’s presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector’s pledge.

(c) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge executed under § 4324 or § 4326(c) of this title vacates the office of elector, creating a vacant position to be filled under § 4326 of this title.

(d) The Secretary of State shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this State’s electoral votes have been cast and recorded.

Legislative History

84 Del. Laws, c. 44, § 2