Senate Bill 165

SPONSOR: Sen. Peterson & Rep. Hudson & Rep. RamoneSens. Bushweller, Henry; Rep. Bolden

DELAWARE STATE SENATE148th GENERAL ASSEMBLY

SENATE BILL NO. 165

AN ACT TO AMEND THE DELAWARE CODE RELATING TO PUBLIC SCHOOL ELECTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter IV, Chapter 10, Title 14 of the Delaware Code by deleting Subchapter IV in its

entirety and by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter IV. Elections in Reorganized School Districts.

§ 1071. Applicability of this subchapter.

This subchapter shall apply to any election conducted in any reorganized school district by the school board of

such district or by the State Board of Education. This subchapter shall be in addition to Chapters 19, 20, and 21 of this title,

and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapter 19, 20, or 21

of this title, Chapters 19, 20, and 21 of this title shall govern.

§ 1072. Definitions.

As used in this subchapter:

(1) “Candidate” means an individual who has filed the notice of candidacy required by § 1075(a) of this title.

(2) “Commissioner” means the State Election Commissioner under Chapter 3, Title 15.

(3) “Department” means the Department of Elections under § 201, Title 15.

(4) “Election” shall include a referendum where applicable.

(5) “Public school election” means an election to elect 1 or more members to a board of education and any

election conducted in accordance with Chapter 19, 20, or 21 of this title.

(6) “Qualified voter” means an individual who meets the requirements of § 1073 of this title.

(4) “Reorganized school district” means a school district constituted and established in accordance with this

chapter whether by reorganization, consolidation, or division.

(5) “School board” means the board of education of a reorganized school district.

§ 1073. Qualified voters.

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Every citizen who is a registered voter for purposes of Title 15 and who is a resident of the school district holding

a public school election shall be a qualified voter.

§ 1074. Date of public school elections.

(a) Public school elections shall be held annually on the second Tuesday of May.

(b) If no election under Chapter 19, 20, or 21 of this title is required and only 1 individual files the notice of

candidacy for election for each available seat on the school board by the deadline in § 1076(a) of this title, then the

Commissioner shall not hold the election required by subsection (a) of this section.

§ 1075. Notice of election.

(a) The Department shall give notice of a public school election to qualified voters by all of the following means:

(1) U.S. mail, along with the election packet required under § 1077 of this title.

(2) Notices placed on each school building in a school district in which a public school election is to be held.

(3) Notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers

that cover the area in the county where a public school election is to be held.

(4) Notices published on its website.

(5) Notices caused to be published on the website of a school district in which a public school election is to be

held, and the website of each school within a school district in which a public school election is to be held.

(b) The notice required under paragraphs (a)(2), (4), and (5) of this section shall be placed or published 21 days

prior to a public school election and shall remain placed or published until the second Tuesday of May. The notice required

under paragraph (a)(3) shall be published at least 1 time per week during the 4 weeks prior to the second Tuesday of May.

The last publication shall be not more than 5 days before the second Tuesday of May.

(c) The notice required under subsection (a) of this section shall consist of the following:

(1) For the election of school board members, the office to be filled and the date by which ballots issued under

this chapter are due.

(2) For an election to consolidate, divide, or change the boundaries of a reorganized school district, the school

districts to be consolidated or divided, or the change in boundaries that are to occur, and the date by which ballots

issued under this chapter are due.

(3) For an election under Chapter 19 of this title, the amount to be raised, the proposed rate of taxation, the

purpose for the proposed additional taxes, and the date by which ballots issued under this chapter are due.

(4) For an election under Chapter 20 and 21 of this title, the amount of the bonds proposed to be issued, the

purposes and reasons for the bond issuance, the amount of each annual tax increase that would be imposed as a result

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of the proposed bond issuance, the application of any gifts or any other money on hand which are not required by law

to be used for some other purpose to any major capital improvement project or project for which the bonds may be

issued, and the date by which ballots issued under this chapter are due.

(d) At least 40 days prior to the date of an election to be conducted under Chapter 19, 20, or 21 of this title, school

districts conducting an election under this chapter shall provide to the Department a certified copy of the notice required by

subsection (a) of this section and an affidavit signed by the superintendent of the school district that the notice complies

with the provisions of subsection (c) of this section. The Department shall determine whether the notice contains the

information required by subsection (c) of this section and shall promptly notify the school district of any omission in the

notice. If, at least 30 days before the second Tuesday of May, the school district has failed to cure any omission, the

Department shall be authorized to cancel the election and such cancellation, if any, shall be effective upon written notice to

the superintendent of the school district.

§ 1076. Filing of candidacy for school board member; withdrawal of candidacy; notices.

(a) To be a candidate for election to a school board, an individual must file a notice of candidacy for election to a

school board with the Department no later than 4:30 p.m. on the first Friday in March. If the first Friday in March is a legal

holiday, then the individual must file a notice of candidacy on the next business day.

(b) In the event that only 1 individual files the notice of candidacy for election for a given seat on a school board

by the deadline in subsection (a) of this section, the Commissioner shall declare the candidate elected, shall not hold an

election for that seat, and shall issue a certificate of election to that candidate.

(c) A candidate may, at any time, file a notice of withdrawal of candidacy with the Department.

(d) The Commissioner shall promulgate a form for the notice of candidacy required by subsection (a) of this

section and the notice of withdrawal of candidacy authorized under subsection (c) of this section. The notices provided for

by subsections (a) and (c) of this section must be on the forms promulgated under this subsection.

(e) The Department shall give notice of the deadline for filing a notice of candidacy by notice published in at least

1 newspaper with countywide circulation or a combination of newspapers that cover the area in the county where the school

board seats are up for election. The notice required by this section shall be published at least 1 time per week during the 3

weeks prior to the filing deadline. The last publication of the notice required by this section shall be made not more than 3

days before the filing deadline. The notice required by this section shall set forth in plain language the office to be filled,

the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy.

§ 1077. Public school elections by United States mail; costs and supplies; election packets.

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(a) The Department shall conduct all public school elections by United States mail. The Department shall pay all

costs associated with conducting public school elections and shall provide all supplies, except for postage for the return of

ballots cast in a public school election.

(b) Not more than 21 nor less than 14 days before a public school election, the Department shall mail an election

packet to a qualified voter. An election packet shall include all of the following:

(1) A ballot created in accordance with subsection (c) of this section for the public school election for the

school district in which the qualified voter resides.

(2) Instructions for completing the ballot and returning it to the Department, which shall be marked

“INSTRUCTIONS FOR COMPLETING AND RETURNING A MAIL BALLOT” and created in accordance with

subsection (d) of this section.

(3) A return envelope marked “BALLOT ENVELOPE”, which shall have all of the attributes required by

subsection (e) of this section.

(c) The Department shall create ballots for public school elections as follows:

(1) For the election of school board members, the ballot shall contain the names of all filed candidates, which

shall be listed alphabetically without political party designation.

(2) For elections conducted to consolidate, divide, or change the boundaries of a reorganized school district,

the ballot shall briefly state the question and shall provide for voting for or against the proposal with the following:

“For the proposal”

“Against the proposal”

(3) For elections conducted in accordance with Chapter 19, 20, or 21 of this title, the ballot shall contain the

language required by the appropriate chapter.

(d) The Attorney General shall prepare a list of instructions to assist a qualified voter in completing and returning

the ballot. These instructions shall be known and marked as “INSTRUCTIONS FOR COMPLETING AND RETURNING

A MAIL BALLOT”. Before each public school election, the Attorney General shall deliver a copy of the instructions to the

Department in sufficient time for the Department to have the instructions printed for inclusion in the election packet

required to be mailed under subsection (b) of this section.

(e) The Department shall create a return envelope, known as a “ballot envelope”.

(1) The ballot envelope shall have all of the following attributes:

a. Be of a color other than white.

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b. Be a security mailing envelope, designed to securely protect the contents from tampering, removal, or

substitution without detection.

c. Be large enough to carry the completed ballot.

(2) Upon each ballot envelope shall appear all of the following:

a. The words “BALLOT ENVELOPE”.

b. The words “DO NOT FORWARD. ADDRESS CORRECTION REQUESTED.”, or any other similar

statement that is in accordance with United States postal service regulations.

c. An alpha-numeric symbol or barcode for use in accounting for the ballot.

d. Identification information for each qualified voter, including all of the following:

1. The qualified voter’s name.

2. The qualified voter’s address.

3. The qualified voter’s school district.

4. Other information the Commissioner may require.

e. The return address of the Department location for the county in which the qualified voter resides.

f. The following oath:

“I do solemnly swear (affirm) that to the best of my knowledge I am qualified to vote in this public

school election and that my voting address is as it appears on the label on this envelope. I also do solemnly

swear (affirm) under penalty of perjury that I have not received or accepted, or offered to receive or accept,

any money or other item of value as compensation, inducement, or reward for the giving or withholding of a

vote at this election, and that I am not acting under duress or threat of duress or harm.”

g. A space for the qualified voter’s signature under the oath required by paragraph (e)(2)f. of this section.

§ 1078. Method of voting.

(a) For the election of school board members, a qualified voter shall not vote for more candidates than there are

school board memberships to be filled in the election. If only 1 school board member is to be elected, a voter shall vote for

only 1 candidate. The qualified voter shall place a mark in the square after the name of the candidate for whom the qualified

voter desires to vote.

(b) For the consolidation, division, or change of boundaries of a reorganized school district or an election under

Chapter 19, 20, or 21 of this title, the qualified voter shall place a mark in the square after the item that expresses that

qualified voter’s choice.

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(c) The qualified voter expresses the qualified voter’s own intent on ballot by making a distinct mark in the square

provided to the right of the name of the candidate or the response to a question.

(d) If the qualified voter indicates the qualified voter’s own choice in a manner other than the manner specified in

subsection (c) of this section, the team of election judges appointed under § 1082 of this title shall attempt to determine the

qualified voter’s intent. If it is not possible to determine a qualified voter’s intent for an office or a response to a question,

the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the

ballot where the qualified voter’s intent can be determined.

(e) If a qualified voter’s ballot is marked with more names of candidates or responses to a question than are

permitted, it shall not be counted for that office or question but shall be counted for all other offices or questions on the

ballot.

(f) If a qualified voter’s ballot has been defaced or torn so that it is impossible to determine the qualified voter’s

choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all

other offices and questions on the ballot for which the qualified voter’s choice can be determined.

§ 1079. Voting procedure.

A qualified voter shall complete a ballot and return it to the Department according to the following procedure:

(1) A qualified voter who receives a ballot under this chapter shall complete the ballot by marking it with his

or her selections and place the completed ballot in the envelope marked “BALLOT ENVELOPE”.

(2) The qualified voter shall confirm that the information about that qualified voter on the ballot envelope is

correct and sign the self-administered oath.

(3) The qualified voter shall seal the ballot envelope.

(4) The qualified voter shall return the sealed ballot envelope to the Department by one of the following

methods:

a. Depositing it in a United States postal mailbox to be mailed to the Department.

b. Personally delivering it, or causing it to be delivered, to the Department.

§ 1080. Voting procedure following withdrawal of candidate.

If a notice of withdrawal of candidacy is filed under § 1076(c) of this title, the following apply:

(1) If the withdrawal creates a circumstance where only 1 candidate for a school board seat remains, the

Department shall cancel the election, declare the remaining candidate elected, and issue a certificate of election to that

candidate.

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(2) If at least 2 candidates for a school board seat remain, the Department shall take all reasonable steps to

inform the necessary qualified voters of the withdrawal.

(3) If a qualified voter has already returned his or her ballot, the following apply:

a. The qualified voter may contact the Department and request a new ballot be mailed to him or her. If the

new ballot is not returned to the Department by 8 p.m. on the second Tuesday in May, the Department shall count

the earlier ballot. The Department may not tally votes for a candidate who has withdrawn.

b. The qualified voter may appear at the Department location in the county in which the qualified voter is

registered to cast a new ballot.

(4) The Department may not tally or report votes cast for a candidate who has withdrawn.

§ 1081. Return of ballots; check of status of ballots; late ballots; procedure for receipt of ballots.

(a) For a ballot to be counted under this chapter, a qualified voter must return the ballot to the Department under

§ 1079(4) of this title and the ballot must be received by the Department by 8 p.m. on the second Tuesday in May.

(b) The Department shall establish a free access system, via the Internet, through which a qualified voter may

determine when the ballot envelope was received by the Department and whether the ballot was counted.

(c) A ballot envelope received after 8 p.m. on the second Tuesday in May may not be opened and the ballot

contained within the ballot envelope may not be counted by the Department. The Department must retain unopened any

ballot envelope received after 8 p.m. on the second Tuesday in May at least until the election has been certified.

(d) Upon receipt of a ballot envelope, the Department, or an individual authorized by the Department, shall:

(1) Endorse the date and time of the receipt of the ballot on each ballot envelope received under subsection (a)

of this section.

(2) Ascertain the name of each qualified voter as it appears on the face of each ballot envelope.

(3) Ascertain the school district with whose votes the ballot within the ballot envelope is to be tallied.

(4) Place the ballot envelope in a secure location until such time as it is opened and the ballot within it is

counted.

(e) Except as specifically provided by this chapter, no member of the Department shall open or attempt to open the

ballot envelope or change, alter, or attempt to change or alter the ballot envelope or any writing, printing, or other markings

on the ballot envelope.

§ 1082. Election judges; preparation and tabulation of ballots; carrier envelope.

(a) The administrators of the Department in each county shall appoint a sufficient number of teams of election

judges, each consisting of an odd number of individuals, for the preparation and counting of ballots for public school

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elections occurring in that county. For purposes of this section, the ballots for a public school election in a school district

shall be prepared and counted by the Department in the county in which the office of the superintendent of a public school

district is located, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the

Department in Kent County and public school elections in the Woodbridge School District shall be conducted by the

Department in Sussex County.

(b) Beginning the Friday before the second Tuesday of May, the administrators of the Department in each county

may open ballots in public meetings at the Department’s offices in the county to prepare them for tabulation in accordance

with the following procedures:

(1) The Department shall provide notice of the public meeting in accordance with the Freedom of Information

Act, Chapter 100 of Title 29.

(2) The Department shall notify each candidate on the ballot that he or she may have challengers, consistent

with § 1083 of this title, at the public meetings during which the Department opens the ballots. If ballots for an election

for the consolidation, division, or change of boundaries of a reorganized school district or an election under Chapter

19, 20, or 21 of this title are also being prepared, the Department shall notify the public that individuals may serve as

challengers, consistent with § 1083 of this title, at the public meetings during which the Department opens the ballots.

(3) The teams of election judges appointed under subsection (a) of this section shall open ballots by school

district, check them off against the list of qualified voters for each school district, duplicate ballots that the team

determines the tabulating equipment cannot read, and then secure the opened and duplicated ballots along with the

envelopes in a carrier envelope. The teams shall record the number of the carrier envelope and the school district on a

log sheet that they shall also secure in the same carrier envelope.

(4) If duplicate ballots are required, the teams of election judges shall mark them according to the qualified

voter’s intent as shown on the ballot marked by the qualified voter or in accordance with § 1078 of this title.

(5) When duplicating ballots, the teams of election judges shall assign the same unique identifier to the ballot

that they duplicate and the duplicated ballot. After the team has duplicated ballots for a school district, the team shall

put the ballots that the team duplicated in a separate envelope and put it in the carrier envelope for the school district

and the team shall put the duplicated ballots with the ballots that the Department shall tabulate on the second Tuesday

of May.

(6) The Department shall secure the carrier envelopes in locked cabinets until opened in a subsequent public

meeting to insert additional ballots or to tabulate the ballots on the second Tuesday of May.

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(c) Beginning the Friday before the second Tuesday of May and ending on the second Tuesday of May, the

election judges appointed under subsection (a) of this section shall open ballots in public meetings at the Department’s

offices in the county to tabulate them in accordance with the following procedures:

(1) An election judge shall select the ballot envelopes in alphabetical order of the school districts within the

county.

(2) For each ballot envelope, the election judge shall ascertain whether a challenge has been made under

§ 1084 of this title.

(3) If a challenge has been made, the ballot envelope shall be marked as “CHALLENGED” and set aside in a

secure location for consideration at a later time as provided in Title 15.

(4) If no challenge has been made, the election judge shall:

a. Open each ballot envelope so as not to deface or destroy the self-administered affidavit on it or the

ballot enclosed within it.

b. Remove each ballot from the ballot envelope.

c. Determine whether each ballot has been properly completed or whether the qualified voter’s intent can

be determined under § 1078 of this title.

d. Record the proper notations of votes in the election records for the school district to which they apply.

f. Duplicate a ballot which the team of election judges appointed under subsection (a) of this section

determines cannot be read by the tabulating equipment or which the tabulating equipment rejects as provided in

subsection (b) of this section.

(5) Once the votes have been recorded, an election judge shall deposit the voted ballots, rejected ballots, and

any vote tally sheet that may have been used in a carrier envelope marked for the school district corresponding to the

votes contained within it.

(6) Once a carrier envelope is filled, it shall be sealed by an election judge. The election judge shall sign the

election judge’s name on each sealed carrier envelope, affirming that the election judge sealed the envelope and that

the envelope contains ballots for the school district to which the envelope is assigned. Each sealed and signed carrier

envelope shall be placed in a secure location and held there until such time as it is destroyed under procedures

established by the Department or moved for further legal process.

(d) The results of a public school election are confidential and not a public record subject to disclosure under the

Freedom of Information Act, Chapter 100 of Title 29, until the unofficial results are reported by the Department. The

Department may not report the unofficial results of a public school election before 8 p.m. on the second Tuesday of May.

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(e) The Department shall certify the official results of the election as provided in § 1086 of this title no later than

15 days following the second Tuesday of May.

§ 1083. Attorney General approval of envelopes; carrier envelope specifications.

(a) The Attorney General shall personally approve each kind or type of envelope for use under this chapter. The

Department may not purchase, use, have printed upon, mail, or deliver any envelope for use under this chapter unless the

envelope has first been personally approved by the Attorney General.

(b) The Department shall purchase envelopes to be used as carrier envelopes, which shall be security mailing

envelopes, designed to securely protect its contents from tampering, removal, or substitution without detection and shall be

large enough to accommodate multiple ballots cast in a public school election.

(b) Carrier envelopes shall:

(1) Be considered the official ballot boxes for votes cast during a given public school election.

(2) Contain voted ballots from a single school district.

(3) Be labeled to reflect the school district whose ballots are held inside.

(4) Ensure the security of the ballots held within it in the event they must be moved for the purposes of

certifying a public school election or recounting votes cast in a public school election.

(c) A sealed carrier envelope may be reopened only when necessary to certify a public school election or recount

votes cast in a public school election.

(d) In the event the Department must move ballots for the purposes of certifying a public school election or

recounting votes cast in a public school election, it shall select the carrier envelopes for the affected school district and

move them, in a secure fashion, to the location where the carrier envelopes will be opened and the votes inside inspected.

(e) Upon completion of any inspection of votes under this chapter, the ballots shall be returned to the carrier

envelopes from which they were removed and the carrier envelopes shall be:

(1) Resealed in a secure manner or placed in another security envelope, for the purposes of securely protecting

its contents from tampering, removal, or substitution without detection.

(2) Placed in a secure location and held there until such time as it is destroyed or moved for further legal

process.

§ 1084. Challengers and challenges.

(a) For school board member elections, each candidate on the ballot may appoint and accredit 1 or more suitable

individuals as challengers. One challenger from each candidate on the ballot may be present at a location where the ballots

for that candidate’s election are being counted. The challengers may be changed and their places filled in like manner

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during the day. Before being permitted to sit as a challenger, each individual shall present a challenger authorization form,

promulgated by the Department, for that particular election, which shall be signed by the candidate.

(b) For all other public school elections, 5 individuals at a time may act as challengers. Individuals desiring to sit

as a challenger shall ask the Department for permission to serve as a challenger. If fewer than 5 individuals are sitting as

challengers, the individual shall be seated after completing the challenger identification form, promulgated by the

Department. If 5 individuals are already seated, no individual shall be seated until 1 of the seated individuals has left the

location where ballots for a public school election are being counted. Any challenger who leaves the location where ballots

for a public school election are being counted for any reason shall immediately surrender that challenger’s challenger badge

to the Department, or an individual authorized by the Department, and shall be replaced by an individual waiting to be

seated as a challenger.

(c) The Department shall issue each individual serving as a challenger a challenger badge that the challenger shall

wear while observing the counting of ballots. If the individual leaves the location where the ballots are being counted, the

challenger shall surrender the badge to the Department, or an individual authorized by the Department, and, for school

board member elections, retrieve the challenger authorization from the Department, or an individual authorized by the

Department.

(d) The ballot of any qualified voter may be challenged for one of the following reasons:

(1) On the same grounds as provided in Title 15 for other voters, as may be applicable to a public school

election conducted under this chapter.

(2) On the ground that the self-administered affidavit on the ballot envelope is not signed.

(e) A challenge may be made during a public meeting to prepare the ballots for tabulation under § 1082(b) of this

title or during a public meeting to tabulate the ballots under § 1082(c) of this title.

(f) If a challenge is made pursuant to subsection (d) of this section, an election judge shall return the ballot to its

ballot envelope, mark the ballot envelope as “CHALLENGED”, and set the envelope aside in a secure location for

consideration at a later time as provided in Title 15.

(g) All challenges to ballots voted in a particular school district must be resolved before the tabulation of votes in

that school district may be considered complete. Any challenge not resolved by the election judges within a reasonable time

of the challenge having been made shall be referred to the administrators of the Department for the county in which the

tabulation is occurring for resolution.

§ 1085. Rejected ballots.

(a) No vote shall be accepted or counted if an election judge finds any of the following:

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(1) It is evident that the affidavit of the qualified voter that appears on the ballot envelope has been altered or

is not signed.

(2) The qualified voter is not a duly registered elector in this State.

(3) The ballot envelope is open.

(4) It is evident that the ballot envelope has been opened and resealed.

(5) It is evident that the ballot envelope has been tampered with or altered.

(b) If the ballot envelope has not been opened at the time an election judge decides that the offered ballot

contained within it should not be accepted or voted for any of the reasons under subsection (a) of this section, the ballot

envelope may not be opened and the election judge shall mark it as “REJECTED”, giving the reason for the rejection.

(c) If the ballot envelope has been opened at the time an election judge decides that the offered ballot contained

within it should not be accepted or voted for any of the reasons under subsection (a) of this section, the ballot shall be

returned to its ballot envelope and the election judge shall mark it as “REJECTED”, giving the reason for the rejection.

(d) Whenever it is made to appear by due proof to an election judge that any qualified voter who has marked and

returned the qualified voter’s ballot has died, the ballot envelope may not be opened and the election judge shall mark it as

“REJECTED, DEAD”, and it shall be preserved and disposed of in the same manner as other rejected ballots.

(e) Whenever a ballot has not been counted but has been rejected under this section, the appropriate notation shall

be made on the ballot tally and the number of ballots rejected under this section shall be noted on the certificates of

election.

(f) Ballots rejected under this section shall be deposited in a carrier envelope for the school district to which they

apply.

§ 1086. Determining winner; tie vote; certification; recompilation.

(a) For the election of school board members, the persons receiving the highest number of votes shall be declared

duly elected to the position of school board member.

(b) For the consolidation, division, or change of boundaries of a reorganized school district or an election under

Chapter 19, 20, or 21 of this title, the option receiving the highest number of votes shall be declared to have prevailed.

(c) In case of a tie, the procedure shall be as follows:

(1) For the election of school board members, another election shall be held in accordance with this chapter to

decide which of the candidates so tied shall be elected school board member. The election shall be held no later than

the third Saturday in June following the May election.

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(2) For an election under Chapter 19, 20, or 21 of this title and for elections to determine a consolidation,

division, or change of boundaries of a reorganized school district, another election shall be held in accordance with this

chapter to break the tie. The election shall be held not less than 30 days nor more than 60 days following the May

election.

(d) The Department shall give a certificate of election to each person elected to the office of school board member.

The Commissioner shall determine the type and form of the certificate of election.

(e) Certification requirements. —

(1) In the case of an election pursuant to Chapter 10 or 19 of this title, the Department shall present

certification of the results to the superintendent of the respective school district no later than the 16 days following the

day of the election. If the sixteenth day is a Saturday, Sunday, or holiday, such presentation shall be made no later than

4:30 p.m. on the next business day.

(2) In the case of an election pursuant to Chapter 20 or 21 of this title, the Department shall present

certification of the results to the superintendent of the respective school district and to the Secretary of Education no

later than 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday, or holiday, such

presentation shall be made no later than 4:30 p.m. on the next business day.

(3) In the case of an election to determine a consolidation, division, or change of boundaries of a reorganized

school district, the Department shall present certification of the results to the superintendent of the respective school

district and to the Secretary of Education no later than l6 days following the day of the election. If the sixteenth day is a

Saturday, Sunday, or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(f) Within 96 hours following the certification of a public school election, 25 or more persons who voted in the

public school election may petition the Department for a recompilation of the results, if the difference in the election of a

school board member or in an election conducted in accordance with Chapter 19, 20, or 21 of this title was less than 10

votes or 1/2 of 1 % of the total vote, whichever is greater. The petition shall contain the printed name and signature of each

petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. To

complete a recompilation, the Department shall:

(1) Examine the ballot tally sheets and determine if errors were made in reporting the vote. The Department

shall then correct any results that were incorrectly reported.

(2) Count or cause to be counted all ballots that were cast in the election and correct any errors in the tally that

had been reported.

(3) Certify or, if necessary, recertify the recompiled results as required by this title.

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§ 1087. Records.

(a) The Department shall keep the certificate of the results of each public school election conducted under this title

as a public record in their offices.

(b) The Department shall retain custody of all other records and supplies pertaining to any public school election

conducted by the Department for 1 year following the close of the election.

§ 1088. General regulatory authority; regulations for testing of ballot tabulating equipment.

(a) The State Election Commissioner, in consultation with the Department, shall promulgate regulations,

consistent with the Administrative Procedures Act, Chapter 101 of Title 29, to effectuate the purposes of this chapter.

(b) Regulations promulgated for testing of ballot tabulating equipment shall ensure all of the following:

(1) All machines are thoroughly tested immediately following maintenance and programming of the machines

to determine all of the following:

a. Whether the voting system is properly programmed.

b. Whether the public school election is correctly defined on the voting system.

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

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

(3) Machines are publicly tested prior to use to ascertain that they will correctly count votes cast for all offices

and all measures in the upcoming public school election.

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

(5) The resetting and sealing of each publicly tested machine is witnessed by the election officials,

superintendent or representative of a superintendent, and any candidates or candidate representatives who were in

attendance.

(6) Each publicly tested machine is secured following the test in a state of readiness until the second Tuesday

of May.

(7) Records are kept of all pre-election testing of each 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 such testing.

§ 1089. Public school election offenses; penalty; jurisdiction.

(a) It shall be a public school election offense for any person who:

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(1) Receives, accepts, pays, transfers, delivers, contributes, or offers or promises to receive, accept, pay,

transfer, deliver, or contribute, any money or other valuable thing as a compensation, inducement, or reward for giving

or withholding or in any manner influencing the giving or withholding of a vote at any public school election.

(2) Intentionally or knowingly makes a false ballot.

(3) Intentionally or knowingly alters, forges, or counterfeits any ballot before or after it has been cast.

(4) Intentionally or knowingly destroys, defaces, mutilates, or tampers with a ballot.

(b) A person guilty of a public school election offense under subsection (a) of this section shall, for each offense,

be fined not less than $250 nor more than $1,000, imprisoned not more than 2 years, or both.

(c) The Superior Court shall have exclusive, original jurisdiction of offenses under this title and no prosecution for

the violation of this section shall be brought in any other court.

(d) The Attorney General shall immediately prosecute all complaints under this section.

(e) The Department and all election officers shall notify the Attorney General of all violations of this section about

which they are aware or, within the scope of their positions, could reasonably be expected to be aware.

Section 2. Amend § 1903, Title 14 of the Delaware Code by making deletions as shown by strike through and

insertions as shown by underline as follows:

§ 1903. Election preceding levy of tax.

Before any school board levies a tax under § 1902 of this title, it shall determine whether the tax shall be on the

basis of a specified amount or of a specified rate of taxation and shall call a special election to be held at the polling place

or places designated by the Department of Elections conducting the election in accordance with Chapter 10 of this title.

There shall be not more than 2 such special elections held during any 12-month period A school board may hold only 1

special election under this section during any 12 month period.



§ 1905. Qualified voters.

At an election under § 1903 of this title, every person qualified to vote under § 1077 of this title may vote, and §§

1078 and 1085 of this title shall apply to such election § 1073 of this title may vote.



§ 1907. Hours of election.

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For an election under § 1903 of this title, the polls shall open 10:00 a.m. and shall close at 8:00 p.m., prevailing

local time, on the day advertised.



§ 1908. Method of voting; referendum to transfer tax funds.

(a) For an election under this chapter to increase taxes, the election shall be conducted by the use of voting

machines the Department of Elections shall conduct the election by mail in accordance with Chapter 10 of this title . The

wording on the voting machine ballot created under Chapter 10 of this title shall include a statement of the question which

is being voted for and against.

(b) For an election under this chapter for the purpose of increasing the real estate tax under this chapter, while

simultaneously decreasing the real estate tax under Chapter 21 of this title by the same amount or the transfer of tax funds

for 1 purpose to another purpose, the election shall be conducted by the use of voting machines the Department of Elections

shall conduct the election by mail in accordance with Chapter 10 of this title. The wording on the voting machine ballot

created under Chapter 10 of this title shall include a statement of the question which is being voted for and against.

(c) The Department of Elections conducting the election shall provide a sufficient number of voting machines shall

provide all materials necessary to carry out the election hereunder under this chapter, and the cost of transportation of the

voting machines and other necessary charges for use of the voting machines of the election, except for postage for the

return of ballots cast in an election under this section, shall be borne by that the Department of Elections.



§ 2004. Construction of facilities exceeding the standard formula.

(a) This chapter shall not prevent the Department of Education from approving school construction requests

submitted by districts when such requests vary from the standard formula; provided, however, that when the costs of the

facilities so approved exceed the costs determined by the standard formula, the voters in the districts so affected may

authorize and limit by referendum the expenditure of funds to the amount based on the standard formula, such referendum

to be held in accordance with Chapter 21 of this title. The election may be conducted by the use of printed paper ballots or

by the use of voting machines The Department of Elections shall conduct the election by mail in accordance with Chapter

10 of this title. Provisions shall be made for the following form to appear on the printed paper ballots next to squares added

for convenience in marking and on the voting machine:

Section I — Vote for one

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A. For a bond issue at this time

B. Against a bond issue at this time

Section II — Vote for one

In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you

prefer?

A. For the bond issue in the amount of $____ as recommended by the school board.

B. For the bond issue in the amount of $____ as determined from the standard formula by the Department

of Education.

(b) The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of

the ballot shall be counted first. If the majority is for issuance of a bond (Section I) under Section 1, then Section II shall be

counted and in no case shall the counted. The bond issue recommended by the school board shall not be authorized with

less than a majority of the total ballots validated for count; the lack of which majority count. If the bond issue

recommended by the school board fails to receive a majority, it will constitute a positive bond issue authorization by the

standard formula of the Department of Education.

(c) A school board may hold only 1 special election under this section during any 12 month period



§ 2122. Election to authorize bond issue; rules governing; referendum to transfer tax funds.

(a) Before any school board issues bonds under this chapter, it shall call a special election to be held in accordance

with Chapter 10 of this title.

(b) At any such special election every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and

1085 of this title shall apply to such election § 1073 of this title may vote.

(c) The polls shall open at 10:00 a.m. and shall close at 8:00 p.m., prevailing local time, on the day advertised.

(d) An election under this chapter for the purpose of authorizing a bond issue shall be conducted by use of voting

machines the Department of Elections by mail in accordance with Chapter 10 of this title . The wording on the voting

machine ballot created under Chapter 10 of this title shall include a statement of the question which accurately reflects the

issue being voted for and against.

(e) An election under this chapter for the purpose of increasing the real estate tax rate under Chapter 19 of this

title, while simultaneously decreasing the real estate tax rate under this chapter by the same amount, shall be by the use of

voting machines conducted by the Department of Elections by mail in accordance with Chapter 10 of this title. The wording

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on the voting machine ballot created under Chapter 10 of this title shall include a statement of the question which

accurately reflects the issue being voted for and against.

(f) There shall be not more than 2 such special elections held during any 12-month period A school board may

hold only 1 special election under this chapter during any 12 month period.

(g) The Department of Elections conducting the election shall provide a sufficient number of voting machines

shall provide all materials necessary to carry out the election hereunder under this chapter, and the cost of transportation of

the voting machines and other necessary charges for use of the voting machines of the election, except for postage for the

return of ballots cast in an election under this section, shall be borne by that the Department of Elections.

SYNOPSIS

The purpose of this Act is to eliminate the potential for improper electioneering in schools being used as polling placed and to increase voter participation. To accomplish this purpose, this Act directs the Department of Elections to conduct all public school elections by United States mail and requires that all voters participating in such an election be registered voters.

This Act also provides that all public school elections will be held on the same day, the second Tuesday of May. This includes referendum elections under Chapters 19, 20, and 21 of Title 14 of the Delaware Code and, therefore, a school board may hold only 1 referendum election in any calendar year, on the second Tuesday of May.

Lastly, this Act makes several amendments to Chapters 19, 20, and 21 of Title 14 of the Delaware Code to reflect the change in method of voting in public school elections to mail ballots.

Author: Senator Peterson

6/23/2015 10:43:46 AM

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Senate Bill 165

Documents

Transcript of Senate Bill 165