§ 5303 — Civil remedy for interference with voting

(a) Whoever, being a duly qualified elector of this State according to the Constitution and laws thereof, is prevented from voting, or obstructed in that elector’s own effort to vote at any election, by reason of any interference by any person or persons, or military power, or other power, exercising or attempting to exercise force, intimidation or threats, or requiring any qualifications or conditions unknown to such Constitution and laws, shall be deemed and taken to have suffered private damage and injury, and shall have civil remedy therefor, in the courts of this State, by civil action against every person who promoted such interference, whether by active participation, or by advising, counseling, or in anywise encouraging the same.

(b) In any trial under this section or § 5304 of this title, the court or jury, if, in their opinion the circumstances will warrant it, may give exemplary damages.

Legislative History

12 Del. Laws, c. 487, § 1 ; Code 1915, § 1828; Code 1935, § 1917; 15 Del. C. 1953, § 5304; 70 Del. Laws, c. 186, § 1