§ 4946 — Powers of election officers to preserve order during election; penalty

(a) The inspectors of election, from the opening of the election until all the duties and proceedings connected therewith are fully completed, may:

(1) Command the peace; and

(2) Require sureties of the peace from any person disturbing the election, or the officers thereof in the performance of their duties; and

(3) Commit to prison for refusal or neglect to find such surety.

Whoever, being an officer or other person, disobeys the lawful commands of any inspector of election, shall be fined $50.

(b) The election officers in each election district, while discharging any of the duties imposed upon them by this title, may:

(1) Preserve order and enforce obedience to their lawful commands at and around the place of election during the time of any election and counting of votes;

(2) Keep the access to such places open and unobstructed;

(3) Prevent and suppress riots, tumult, violence, disorder and all improper practices tending to the intimidation or obstruction of voters, the disturbance or interruption of the voting or counting of votes; and

(4) Protect the voters and challengers from intimidation and violence, and the registers, poll books, boxes, envelopes and ballots from violence and fraud; and

(5) Deputize, if necessary, 1 or more electors to communicate their orders and directions and to assist in the enforcement thereof.

Legislative History

Code 1852, § 304; 19 Del. Laws, c. 39, § 27 ; 21 Del. Laws, c. 36, § 20 ; Code 1915, § 1791; Code 1935, § 1880; 15 Del. C. 1953, § 4953