Del. Code Ann. tit. 15, § 5010

Preparation of voting devices

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 13-17; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 5; 77 Del. Laws, c. 227, § 53; 82 Del. Laws, c. 170, § 40; 85 Del. Laws, c. 313, § 2;
  1. (a) (1) a. The Department shall deliver the number of voting devices required under § 5006 of this title to each polling place before the time that the election officers are required to report for duty.

    1. b. The Department shall program each voting device delivered under paragraph (a)(1)a. of this section to produce at least 2 copies of the paper tape showing the number of votes cast on that voting device for each candidate and ballot question.
    2. (2) Before each election, the Department shall certify that each voting device that will be delivered to a polling place has been properly prepared and inspected by doing all of the following:

      1. a. Confirming that all software installed on the voting device is the software required under § 5004 of this title.
      2. b. Checking the accuracy of the voting device by doing all of the following:

        1. 1. Simulating voting by entering sample votes on the voting device.
        2. 2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically.
  2. (b) [Repealed.]
  3. (c) (1) The Department shall designate at least 2 individuals to certify all of the following:

    1. a. The numbers on the voting devices and the election districts for which they are designated are correct.
    2. b. All of the voting devices are in proper working condition.
    3. c. All of the voting devices are properly sealed.
    4. (2) The individuals designated under paragraph (c)(1) of this section cannot have the same party affiliation, as recorded in each individual’s voter registration record.
  4. (d) [Repealed.]
  5. (e) (1) No more than 10 days before an election, the Department shall test all voting systems, including the absentee ballot system, to confirm that the voting systems will accurately count the votes cast for all candidates and on all ballot questions.

    1. (2) The Department shall provide notice of the time and place of the tests under paragraph (e)(1) of this section as follows:

      1. a. Posting a public notice under § 10004 of Title 29.
      2. b. Providing a copy of the public notice to the state chairperson of each party with a candidate on the ballot.
  6. (f) The certification required under this section is a public record available for inspection at the Department under the Delaware Freedom of Information Act, Chapter 100 of Title 29.
  7. (g) The Department shall require that a person with custody of a voting device ensures the safety and protection of the voting device at all times, including all of the following:

    1. (1) During delivery.
    2. (2) Storage before the election.
    3. (3) Storage after the election.

63 Del. Laws, c. 409, § 1; 70 Del. Laws, c. 154, §§ 13-17; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 506, § 5; 77 Del. Laws, c. 227, § 53; 82 Del. Laws, c. 170, § 40; 85 Del. Laws, c. 313, § 2

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