§ 5701

Del. Code Ann. tit. 15, § 5701

Superior Court as board of canvass; convening and composition of Court

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; 85 Del. Laws, c. 422, § 2;

  1. (a) (1) a. The Superior Court (Court) shall convene in each county on the second day after the general election at 10 a.m., for the performance of the Court’s duties under § 6 of article V of the Delaware Constitution and under this chapter.

    1. b. The Court may perform the duties under this chapter with the aid of the Court’s officers and sworn assistants as appointed.
    2. (2) The Court shall publicly certify the results of the election for the county after tabulating all votes cast in each election district, for each individual, for each office on the ballot, using the material provided by the Department under paragraph (a)(3) of this section.

    3. (3) The Department shall provide the Court with all of the following for each election district in the county for the election:

      1. a. The report of the votes cast on each voting device used at a polling place.
      2. b. The voting device certificates for each polling place.
      3. c. Absentee vote reports.
      4. d. Write-in vote reports.
      5. e. Absentee ballots.
      6. f. Early voting ballots.
      7. g. Provisional ballots.
    4. (4) The Department’s representatives shall sit as observers and assistants to the Court during the tabulation of the vote under this section.

  2. (b) For the purposes of this chapter,

    1. (1) The “Superior Court” means as follows:

      1. a. In New Castle County, the President Judge and the Resident Judge.
      2. b. In Kent County, the Resident Judge and a Judge designated by the President Judge.
      3. c. In Sussex County, the Resident Judge and a Judge designated by the President Judge.

    2. (2) a. The “Superior Court” in each county, as defined under this subsection, shall be the “board of canvass” for the respective counties of this State.

      1. b. If a senatorial or representative district for the General Assembly is located in 2 or more counties, the Superior Court shall tabulate the votes cast under § 5715 of this title.

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; 85 Del. Laws, c. 422, § 2

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