§ 4972 — Rules regarding what constitutes a legal vote

Delaware § 4972

• Jurisdiction: Delaware
• Title: 15
• Part: General Elections
• Ch. 49: CONDUCT OF ELECTION
• Subch.: Counting Votes and Post-Election Regulations

Text

(a) Votes cast on a voting device are legal votes once the voter has taken the necessary action or actions to cast a ballot. A voter who has cast a ballot on a voting device may not be permitted to cast a second ballot under any circumstances. The paper ballot reflecting the voter’s choices is the legal ballot of record.

(b) Votes cast at any election on voter-marked paper ballots must be counted for whom the votes are intended as far as can be ascertained by the marks on the ballot. The following rules must be observed in determining those votes on paper ballots that must be counted:

(1) The voter shall mark the ballot for the voter’s selections as instructed.

(2) Where a voter indicates the voter’s own selections in a manner not in accordance with paragraph (b)(1) of this section, the election officers shall attempt to determine from the marks on the ballot the candidate or response that the voter intended to select.

(3) If it is not possible to determine a voter’s choice for an office or response to a question, the ballot may not be counted for that office or question but must be counted for all other offices and questions on the ballot where the voter’s intention can be determined.

(4) A voter may only vote for 2 or more choices for any office or question when specifically instructed on the ballot that it is allowable.

(5) Where a voter is permitted to make more than 1 choice for candidates and or responses to a question, the voter may make fewer than the allowable number of choices.

(6) If a ballot is marked for more names or responses than are permitted, it must not be counted for that office or question, but it must be counted for all other offices or questions on the ballot in accordance with the rules under this section.

(7) If a ballot has been defaced or torn so that it is impossible to determine the voter’s choice for 1 or more offices or questions, it must not be counted for the offices or questions but must be counted for all other offices and questions where the voter’s choice or choices can be determined.

(8) The misspelled, incomplete, or minor variation of the name of a declared write-in candidate for an office must be counted if the name as written bears a reasonable resemblance to the declared candidate’s name and no other declared write-in candidate for the office has a name so similar to the name as written as to leave a reasonable doubt as to the voter’s intention. Additionally, writing in the last name of a declared write-in candidate constitutes a valid vote unless there are 2 or more candidates for that office with the same last name.

(9) Writing in the name of either candidate for President or Vice President constitutes a valid vote for the slate.

Legislative History

21 Del. Laws, c. 38, § 21 ; 27 Del. Laws, c. 65, § 24 ; 27 Del. Laws, c. 65, § 23 ; Code 1915, §§ 1769, 1770; 40 Del. Laws, c. 143, § 1 ; Code 1935, §§ 1858, 1859; 44 Del. Laws, c. 122, § 2 ; 15 Del. C. 1953, § 4974; 58 Del. Laws, c. 148, §§ 92, 93 ; 61 Del. Laws, c. 480, § 15 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 168, § 8 ; 76 Del. Laws, c. 315, § 2 ; 82 Del. Laws, c. 170, § 25