Delaware Statutes

§ 5104 — Honest belief as a defense

Delaware § 5104

JurisdictionDelaware

Title15

PartGeneral Elections

Ch. 51CRIMINAL OFFENSES

Subch.General Provisions

This text of Delaware § 5104 (Honest belief as a defense) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 15, § 5104 (2026).

Text

Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any fact tending to show that the accused honestly believed upon good reason that the vote complained of was a lawful one.

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Legislative History

19 Del. Laws, c. 39, § 52 ; Code 1915, § 1809; Code 1935, § 1898; 15 Del. C. 1953, § 5104; 70 Del. Laws, c. 186, § 1

Nearby Sections

15

§ 5101

Jurisdiction of Court

§ 5102

Prosecution by Attorney General; duty to report violations

§ 5103

Irregularities or defects in election as a defense

§ 5104

Honest belief as a defense

§ 5105

Application to school elections

§ 5111

Neglect of duty by department member; corrupt or fraudulent conduct; penalty

§ 5112

Refusal of inspector or judge of election to serve; penalty

§ 5113

Refusal of clerk of election to qualify or serve; penalty

§ 5114

Improper conduct of printer of ballots and ballot envelopes; penalty

§ 5115

Improper use of ballot or envelope; penalty

§ 5116

Tampering with voting machines; penalties

§ 5117

Unauthorized entering of voting room; penalties

§ 5118

Interference with election; penalties

§ 5119

Feigning a physical disability to obtain assistance in voting; penalty

§ 5120

Secreting person in election room; penalty

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Bluebook (online)

Delaware § 5104, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/15/5104.