Delaware § 5132 Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty

Delaware Statutes

§ 5132 — Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty

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

(a)Whoever, being an election officer, at any election:

(1)Knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or

(2)Knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or

(3)Knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and the elector’s name has been found and checked upon the Election District Record; or

(4)Fraudulently before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or

(5)Removes an

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(a) Whoever, being an election officer, at any election:

(1) Knowingly and wilfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or

(2) Knowingly and wilfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or

(3) Knowingly or wilfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and the elector’s name has been found and checked upon the Election District Record; or

(4) Fraudulently before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or

(5) Removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls; or

(6) Knowingly and wilfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and checked upon the books of registered voters and who has not previously voted, or knowingly or wilfully enters or permits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not previously voted or is an election officer or member or employee of the department of elections whose entrance into the voting machine booth is required by the provisions of this title,

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

(b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in subsection (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both.

Delaware § 5132 (Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote; penalty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

19 Del. Laws, c. 39, § 38 ; Code 1915, § 1798; Code 1935, § 1887; 15 Del. C. 1953, § 5134; 49 Del. Laws, c. 18, § 3 ; 50 Del. Laws, c. 174, § 2 ; 70 Del. Laws, c. 186, § 1