(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules relating to logic and accuracy testing of mail ballot tabulating machines.

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Terms Used In Delaware Code Title 15 Sec. 5620A

  • 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
  • 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) Rules promulgated under this section must ensure all of the following:

(1) All machines are thoroughly tested immediately following maintenance and programming to determine all of the following:

a. The voting system is properly programmed.

b. The election is correctly defined on the voting system.

c. All of the voting system input, output, and communication devices are working properly.

(2) Any machine deemed unsatisfactory is recoded, repaired, or replaced and must be retested.

(3) Machines are publicly tested before use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election.

(4) Public notice of public tests is given at least 7 days before the tests being conducted.

(5) The resetting and sealing of each publicly-tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who is in attendance.

(6) Each publicly-tested machine is secured following the test in a state of readiness until the day of the election.

(7) Records are kept of all pre-election testing of each mail ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during the testing.

83 Del. Laws, c. 353, § 1;