Delaware § 5118 Interference with election; penalties

Delaware Statutes

§ 5118 — Interference with election; penalties

Delaware·Title 15·Part General Elections·Ch. 51 CRIMINAL OFFENSES·Subch. Particular Offenses

(a)Whoever:

(1)Enters or attempts to enter the voting room before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of closing the election for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose; or

(2)Attempts to molest, disturb or prevent the election officers from proceeding regularly with any general or special election; or

(3)Takes charge or attempts to take charge of any voting room or place where the election is held within the time mentioned in this subsection for the purpose of preventing or delaying an election or for any other purpose on election day; shall be fined not less than $500 nor more than $1,

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(a) Whoever:

(1) Enters or attempts to enter the voting room before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of closing the election for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose; or

(2) Attempts to molest, disturb or prevent the election officers from proceeding regularly with any general or special election; or

(3) Takes charge or attempts to take charge of any voting room or place where the election is held within the time mentioned in this subsection for the purpose of preventing or delaying an election or for any other purpose on election day;

shall be fined not less than $500 nor more than $1,000, and imprisoned not more than 3 years.

(b) Whoever, not in this title authorized so to do, enters or attempts to enter the election room or within the railing leading to the entrance of the election room, or remains within 30 feet of the polling place, contrary to this title, shall be fined not more than $200.

(c) Whoever resists a challenger appointed pursuant to §§ 3164 and 4934 of this title or a special officer appointed pursuant to § 4935 [repealed] of this title shall be fined not more than $100 or imprisoned not more than 1 year.

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Legislative History

19 Del. Laws, c. 37, §§ 2, 17, 33 ; 19 Del. Laws, c. 39, § 14 ; 20 Del. Laws, c. 396, §§ 3, 6 ; 21 Del. Laws, c. 38, § 16 ; 26 Del. Laws, c. 49 ; 27 Del. Laws, c. 65, §§ 2, 15, 30 ; Code 1915, §§ 1740, 1741, 1755, 1757; Code 1935, §§ 1829, 1830, 1844, 1846; 15 Del. C. 1953, § 5119; 58 Del. Laws, c. 148, § 121