Delaware Code Title 15 Sec. 5525 – Electronic delivery of absentee ballots
(a) The provisions of this section apply to persons eligible to vote under the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, 52 U.S.C. § 20301, et seq.
Terms Used In Delaware Code Title 15 Sec. 5525
- Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. 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
- Oath: A promise to tell the truth.
- Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Notwithstanding any other provisions of this title, upon receipt of a written request on a federal post card application that includes an applicant’s electronic address, the Department shall electronically deliver to an applicant that applicant’s own absentee ballot, appropriate instructions and any other information the applicant needs to vote and return that applicant’s own ballot.
(c) The Department shall transmit to the applicant an absentee ballot, instructions and other necessary information within 3 business days following receipt of a request from an applicant. If ballots are not available when the Department receives this request, the Department shall transmit a ballot, instructions and other necessary information to the applicant within 5 business days after the ballots become available.
(d) An applicant who is sent a ballot electronically may return such ballot via postal mail, courier or electronic means in accordance with the instructions sent with the ballot. A voter who returns a ballot electronically is deemed to have acknowledged that there may be situations where the secrecy of that voter’s ballot cannot be guaranteed.
(e) A person who returns a ballot electronically shall also return a signed oath and identification information with the ballot. The oath may be signed digitally as provided in the instructions sent by the Department to the voter.
(f) The State Election Commissioner, in collaboration with the Department offices, shall establish procedures for electronically delivering an absentee ballot to a voter with instructions for the voter to follow in voting and electronically returning the voter’s ballot to the Department office in the county in which the voter resides.
76 Del. Laws, c. 67, § ?1; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 134, § ?4; 79 Del. Laws, c. 275, § ?95; 82 Del. Laws, c. 170, § 47;