§ 5701 — Superior Court as board of canvass; convening and composition of Court

(a) The Superior Court shall convene in each county on the second day after the general election at 10 a.m., for the performance of the duties imposed upon it by § 6 of article V of the Constitution of this State and by this chapter. Thereupon the Court, with the aid of such of its officers and such sworn assistants as it shall appoint, shall publicly ascertain the state of the election throughout the county and in the respective election districts by calculating the aggregate amount of all the votes for each office that shall have been given in all of the election districts of the county for every person voted for such office. For this purpose, the Court shall utilize the voting machine recording tapes, voting machine certificates, absentee vote tally sheets and write-in vote tally sheets for each election district provided by the Prothonotary and the Department, whose representatives shall sit as observers and assistants to the Court during said calculation of the vote.

(b) For the purposes of this chapter, the Superior Court shall consist in New Castle County of the President Judge and the Resident Judge; in Kent County of the Resident Judge and a Judge designated by the President Judge; and in Sussex County of the Resident Judge and a Judge designated by the President Judge. For the purpose of this chapter, the Superior Court in each county, as so constituted, shall be a board of canvass for the respective counties of this State.

Legislative History

Code 1852, § 402; 21 Del. Laws, c. 38, § 23 ; Code 1915, §§ 1777, 1859; Code 1935, §§ 1866, 1978; 15 Del. C. 1953, § 5701; 61 Del. Laws, c. 480, § 18 ; 72 Del. Laws, c. 434, § 1 ; 76 Del. Laws, c. 213, § 39 ; 79 Del. Laws, c. 25, § 1 ; 79 Del. Laws, c. 275, § 96