Delaware Code Title 15 Sec. 4980 – Return and custody of voting devices, media containing election …
(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary’s custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction.
Terms Used In Delaware Code Title 15 Sec. 4980
- 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. See Delaware Code Title 15 Sec. 101
- Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected by any duly authorized member or agent of the General Assembly, the Attorney General, or the Department for the purpose of conducting an audit under § 5012A of this title.
15 Del. C. 1953, § ?4982; 58 Del. Laws, c. 148, § ?99; 60 Del. Laws, c. 403, § ?1; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 506, § ?18; 75 Del. Laws, c. 232, §§ ?63, 64; 82 Del. Laws, c. 170, § 30;