§ 4934 — Challengers; appointment and powers

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day.

(b) The challengers shall be peace officers with the same powers preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector and judges shall each have the duty to caution the challengers concerning the foregoing and, if the challenger persists, that challenger may be ejected by a majority vote of the judges and the inspector. Provided, further, that nothing in this subsection shall be construed to prevent a substitution of another challenger for one who has been ejected.

(c) If a challenger is ejected as provided in subsection (b) of this section and the inspector or judges who voted for such ejection wilfully voted for ejection without cause, each such inspector or judge so voting shall be deemed to have knowingly and wilfully violated that inspector’s or judge’s official duty.

Legislative History

19 Del. Laws, c. 37, § 2 ; 19 Del. Laws, c. 39, § 14 ; 20 Del. Laws, c. 396, § 3 ; 27 Del. Laws, c. 65, § 2 ; Code 1915, § 1740; Code 1935, § 1829; 15 Del. C. 1953, § 4934; 57 Del. Laws, c. 181, § 54 ; 70 Del. Laws, c. 186, § 1