For purposes of this title:

1. (1) “Adjudicate” means to determine how a person intended to vote on a ballot.

2. (2) a. “Ballot” means the physical or electronic document that a voter uses to identify the candidates for whom the person is voting or how the person is voting on a ballot question in a referendum election. A “ballot” may be further classified as follows:

   1. 1. “Absentee ballot” means a ballot that allows a voter to vote in an election without voting in-person at a polling place.
   2. 2. “Primary ballot” means a ballot prepared for or used in a primary election.
   3. 3. “Provisional ballot” means a ballot used by an individual whose eligibility to vote in that election has not been determined at the time of voting. A “provisional ballot” indicates the votes cast by an individual if the individual’s eligibility to vote is confirmed.
   4. 4. “Rejected ballot” means a ballot that the Department determined is invalid or invalidly cast.
   5. 5. “Voided ballot” or “spoiled ballot” means a ballot that is declared void by the voter or the Department after the ballot was issued to a voter but before the ballot was cast.
   6. 6. “Voted ballot” means a ballot that has been cast.

   7. b. When used with a “ballot” , the following verbs mean as follows:

      1. 1. “Cast” means to submit a ballot to the Department in an election with the intent that the votes indicated on the ballot be counted when the results of the election are tabulated. “Cast a vote” means to “cast a ballot.”
      2. 2. “Cure” means that a voter corrects an error or omission on a ballot that if not corrected, would result in a rejected ballot.
3. (3) “Ballot question” means a proposal or other question submitted to voters at a referendum election.
4. (4) “Ballot stock” means a physical object intended for use as a ballot but on which the ballot has not yet been printed.
5. (5) “Board of Elections” or “Board” means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title.
6. (6) “Candidate” means an individual seeking public office.
7. (7) “Clerk” means clerk of election.
8. (8) “Commissioner” means the individual appointed as the State Election Commissioner under Chapter 3 of this title.
9. (9) “County committee” means the regularly organized and constituted county committee or governing authority of a political party.
10. (10) “Department” means the State Department of Elections, including the Commissioner, county directors, county deputy Directors, and Department employees. “Department” does not include the Board of Elections.

11. (11) “Election” means an organized contest to select an individual to hold a specific office or to make a collective choice with respect to a specified question. “Election” may be further classified as follows:

    1. a. “General election” means an election of final determination with respect to 1or more offices.
    2. b. “Municipal election” means an election conducted under a municipal charter or under Chapter 75 of this title.
    3. c. “Primary election” means an election at which voters affiliated with a major political party may vote to determine the nominees of that political party for offices at a general election. When used as a noun, “primary” means “primary election.”
    4. d. “Primary or general election” means a primary election or a general election.
    5. e. “Referendum election” means an election that asks voters to indicate a choice of for or against, in response to 1 or more ballot questions, including questions about tax levies, issuing bonds, or annexation. A “referendum election” does not include the selection of a candidate for office.
    6. f. “Scheduled election” means an election that is conducted at a regular interval on a day specified under law.
    7. g. “School district election” means an election conducted under Title 14. A “school district election” may be a scheduled election to select individuals to serve on the board of a school district or a referendum election.
    8. h. “Special election” means an election to fill a vacancy that is conducted under a writ of election.
12. (12) “Election District Record” shall no longer mean the binders which contain, among other information, voter registration record (sometimes referred to as “Blues”), and shall hereafter mean the electronic records or the print out reflecting said electronic records as designated by the Department of Elections.
13. (13) “Election management system” means the computer software programs, computer modules, and databases used and managed by the Department to administer elections under this title.
14. (14) “Election officers” means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title.
15. (15) “General election year” means a year in which a general election must be held under § 1 of Article V of the Delaware Constitution.
16. (16) “Independent,” “decline” or words equivalent thereto means any person who at the time of registration does not choose to be affiliated with a political party as defined in this section.
17. (17) “Inspector” means inspector of elections.
18. (18) “Judge” means judge of elections.
19. (19) “Local office” means any political district smaller than the State, including municipal, county, state representative or state senatorial.
20. (20) “Mobile registration” means any voter registration sponsored or conducted by the Department of Elections outside of any office of the Department.

21. (21) “Party” or “political party” means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. All political parties shall be divided into 2 classes:

    1. a. “Major political party” means any political party which, as of December 31 of the year immediately preceding any general election year, has registered in the name of that party voters equal to at least 5 percent of the total number of voters registered in the State.
    2. b. “Minor political party” means any political party which does not qualify as a major political party.
22. (22) “Principal political parties” or words equivalent thereto will be the 2 political parties which have the highest total voter registration in this State.
23. (23) “Protective counter” means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever.
24. (24) “Registered voter” means an individual on the Department’s voter registration list.
25. (25) “Registration list” or “voter registration list” means the list of individuals registered with the Department to vote. The “registration list” is prepared by the Department from the voter registration records maintained in the election management system.
26. (26) “Registration officers” means the registrar, assistant registrar and alternate registrars appointed by the Department as defined in this section.

27. (27) “Registration record” or “voter registration record” means the information about an individual collected by the Department and maintained in the election management system, including all of the following:

    1. a. Information collected through the individual’s voter registration application.
    2. b. Information collected after the individual’s initial voter registration application.
    3. c. If the individual has qualified to permanently vote on an absentee basis.
    4. d. A record of each election in which the individual has voted.
28. (28) “Reports Appeals Subcommittee” or “Subcommittee” means the Reports Appeals Subcommittee of the State Board of Elections.
29. (29) “Signature” means both a written signature conforming to § 302(23) of Title 1 and a digital or electronic signature that is an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document as specified by the State Election Commissioner.
30. (30) “State chair” means the highest executive officer of a political party of this State.
31. (31) “State committee” means the regularly organized and constituted statewide governing authority of a political party in this State.

32. (32) “Tabulation” means to count votes and includes all of the following:

    1. a. Counting all ballots or votes.
    2. b. Recording the numbers of votes cast by ballots.
    3. c. Confirming the count of ballots or votes.
33. (33) “Unaffiliated candidate” means any individual who files a declaration as a candidate for any office to be decided at the general election and who is not affiliated with any political party and has not been thus affiliated for at least 3 months prior to the filing of that individual’s declaration.
34. (34) “Voting device” means equipment that allows a voter to cast a ballot and records that vote.

35. (35) “Voting equipment” means equipment, including hardware, firmware, software, machines, and voting devices, that performs 1 or more of the following functions:

    1. a. Allows a voter to cast a vote.
    2. b. Tabulates votes.
    3. c. Provides a definitive voter registration list to a poll worker.

15 Del. C. 1953, § 101; 49 Del. Laws, c. 4, § 5; 57 Del. Laws, c. 181, § 1; 57 Del. Laws, c. 567, §§ 1, 1A, 2; 57 Del. Laws, c. 695, § 1; 58 Del. Laws, c. 148, §§ 1, 2; 60 Del. Laws, c. 414, § 1; 60 Del. Laws, c. 446, §§ 1, 2; 61 Del. Laws, c. 418, §§ 3-5; 61 Del. Laws, c. 480, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 505, § 1; 75 Del. Laws, c. 232, §§ 1, 2; 77 Del. Laws, c. 227, § 2; 78 Del. Laws, c. 304, § 1; 79 Del. Laws, c. 275, § 1; 80 Del. Laws, c. 394, § 1; 82 Del. Laws, c. 170, § 1; 85 Del. Laws, c. 313, § 1; 85 Del. Laws, c. 422, § 1