Delaware § 5130 Failure of election officer to perform duties

Delaware Statutes

§ 5130 — Failure of election officer to perform duties

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

Whoever, being an election officer, wilfully:

(1)Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or

(2)Receives a vote from any person who has been duly challenged in relation to such person’s right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law; or

(3)Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person; shall be deemed to have violated that election officer’s own official duty.

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Whoever, being an election officer, wilfully:

(1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election; or

(2) Receives a vote from any person who has been duly challenged in relation to such person’s right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law; or

(3) Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person;

shall be deemed to have violated that election officer’s own official duty.

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