15 Del. Admin. Code — Elections

100 Campaign Finance Regulations

15 Del. Admin. Code § 100-1.0 Scope and purpose

The State Election Commissioner has authority under 15 Del.C. Sec. 8041(1) to enact rules and regulations to implement and enforce the Campaign Financing Act of 1990 and the 2012 Delaware Elections Disclosure Act. The purpose of these regulations is to mandate disclosure of sources of campaign money to give voters information to make informed choices of candidates and to educate and to regulate candidates and political committees, including persons making independent expenditures through third party advertisements. The regulations should be read in conjunction with Chapter 80 of Title 15 and have the force and effect of law.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-2.0 Definitions

“Campaign advertisement” has the meaning set forth in 15 Del.C. §8021(a) or any successor provision, as the same shall be amended from time to time.

“Electioneering communication” has the meaning set forth in 15 Del.C. §8002(11) or any successor provision, as the same shall be amended from time to time.

“Electronic format” means a communication posted or displayed electronically, and includes but is not limited to communications in electronic messages, electronic message attachments, text messages, or communications and advertisements appearing on Internet web pages, blogs, mobile devices, or other electronic communication systems.

“Independent expenditure” has the meaning set forth in 15 Del.C. §8002(13) or any successor provision, as the same shall be amended from time to time.

“Printed communication” means any communication distributed via mail, sign, the Internet, newspaper or other periodical.

“Third-party campaign advertisement” has the meaning set forth in 15 Del.C. §8002(27) or any successor provision, as the same shall be amended from time to time.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-3.0 Contributions

3.1 Amount of contributions

3.1.1 A contribution as defined by 15 Del.C. §8002(6) may not exceed the maximum allowed for any election period regardless of whether that contribution is designated by the donor to retire a previous campaign debt or for a present campaign.

3.1.2 Regardless of how it is characterized, the total amount given by any contributor to any candidate for any election period may not exceed the limits permitted for contributions under Subchapter II of Chapter 80.

3.1.3 Incumbents not seeking reelection or other elective office may accept contributions to repay debt after the close of the election. However, the total contributions by any person given to any office holder in this circumstance may not exceed the amount permitted to be received by such office holder in the last election in which such office holder stood for election.

3.2 Receipt of contribution

3.2.1 Cash or reportable in-kind services. The date of receipt of a contribution in cash or in kind services required to be reported under 15 Del.C. Ch. 80 is the date that it is physically received by the candidate, treasurer or other representative of the committee which is registered with the State Election Commissioner Office. This date of receipt and not the date of deposit or otherwise shall be the date for reporting purposes.

3.2.2 Checks. The date of receipt of a contribution paid by check is the date the candidate, treasurer or other representative of the committee physically receives it. If the check is received by mail, the date of receipt and date for reporting purposes is the date it is received by the candidate, treasurer or representative of the registered committee. The person first receiving the check on behalf of the candidate or committee shall note on its face the date of physical receipt of the check. The person marking the date of receipt shall also accurately and legibly initial the notation of the date of actual receipt of the check.

3.3 Committee structure.

3.3.1 An office holder intending to seek a different office must establish a campaign committee for the new campaign no later than 24 hours after it receives any contribution or makes any expenditure that causes the aggregate amount of contributions to or expenditures by such committee to exceed $500 during an election period.

3.3.2 If such candidate has not closed out the candidate’s existing campaign committee, the existing committee shall become a subcommittee of the new campaign committee. No candidate may have more than one committee, although a committee may have subcommittees however they are designated. The new committee must be established as outlined above even if established for exploratory purposes only. For example, if a candidate is currently in office, is maintaining a candidate committee to settle past debt and is seeking a different office, there shall be one committee and a subcommittee.

3.3.3 A single report shall be filed with the Commissioner on behalf of the committee showing the required information for both the committee and subcommittee(s). A candidate and treasurer are jointly responsible for filing reports on behalf of a candidate committee. The designation by a candidate of a treasurer does not relieve the candidate of the requirement to file reports.

3.3.4 A candidate committee may accept contributions for the new campaign or to pay off debts of the subcommittee. However, the total contributed by any person to any candidate may not exceed the limits permitted under Subchapter II of Chapter 80 for the "election period" whether such contributions are for the new campaign or for its subcommittees to pay off prior debts.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-4.0 School boards and offices paying under $1,000

4.1 No candidate for election to any school board or to any other public office that pays less than $1,000 per year shall be required to form a candidate committee if the candidate files a Certificate of Intention Form prepared by the Commissioner within 7 days of filing as a candidate and certifying (under penalty of perjury) the intention not to receive nor to spend more than $2,000 in campaign funds.

4.2 A candidate who has filed a Certificate of Intention Form shall not be required to file any further reports with the Commissioner. However, if the candidate subsequently receives more than $2,000 in contributions or spends more than $2,000 before the end of the year in which the election for such office is held, the candidate or committee must, within 7 days of such receipt or expenditure, notify the Commissioner and file all reports that would otherwise have been required had no Certificate of Intention been made.

4.3 Reimbursement for personal expenses in connection with performance of duties of the office is not salary for purposes of calculating the $1,000 limit on salaries for offices not required to report.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-5.0 Statements of Organization

5.1 Each political committee shall file, under penalty of perjury, a Statement of Organization with the Commissioner no later than 24 hours after the committee receives any contribution or makes any expenditure that causes the aggregate amount of contributions by or expenditures to such committee to exceed $500 during an election period.

5.2 The Statement of Organization of a candidate committee, or any amendment thereto, shall be signed under penalty of perjury by either the candidate or the treasurer. Notwithstanding the foregoing, the candidate and treasurer are shall be jointly responsible for timely filing of such documents.

5.3 In the case of any political committee other than a candidate committee, the Statement of Organization and any amendments thereto shall be signed under penalty by the treasurer, who shall be responsible for the timely filing thereof.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-6.0 Authorized campaign expenditures

6.1 Reporting of Expenses

6.1.1 Vehicles. Payments made toward the purchase or lease of vehicles are not travel expenses and must be listed on reporting forms as equipment purchases. Such vehicles must be titled or leased in the name of the political committee. If, at the end of the election, the vehicle is transferred to personal use, the person to whom the vehicle is transferred must reimburse the political committee for the fair market value of the vehicle at the time of the transfer. Fair market retail value for a motor vehicle shall be that listed by the National Automobile Dealers Association ("NADA Bluebook").

6.1.2 Equipment

6.1.2.1 No committee may close out its business with equipment remaining. Equipment possessed by the political committee at the end of the election must be sold to satisfy debts, obligations or loans of the committee; or be given to a successor committee, or donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under 30 Del.C. §1902(b)(2), political parties, or to any volunteer fire company and to no other person, treating such equipment the same as left over funds pursuant to 15 Del.C. §8022.

6.1.2.2 In the event equipment is transferred by sale or other lawful means under these regulations to personal use, the person receiving the equipment shall pay the committee the fair market value of the equipment at the time of the transfer. Fair market value shall be that price that would be paid by disinterested parties on the open market for equipment of like age and condition.

6.1.2.3 When equipment is sold or transferred from the committee to the person receiving such equipment for personal use, the person receiving such equipment bears the burden of showing the payment of fair market value to the committee of such item of equipment transferred for personal use. Any such transfer shall be reported on the disclosure reports required by Chapter 80 and such report shall be accompanied by a sworn affidavit from the person receiving such equipment attesting that the person receiving such equipment in good faith believes the value paid to the committee for the transfer of the equipment to personal use equals the fair market value of the equipment at the time of the transfer. The Commissioner may require such a person receiving such equipment to substantiate such value by acceptable appraisal or other estimate of value of the equipment from a person in the business of appraising or selling such equipment, or other evidence of a like piece being sold for a comparable price. Whenever this Section requires a person to submit an affidavit or other documentation relating to the transfer of equipment, it is the political committee's obligation to obtain and attach such documentation or affidavit to its report regardless of whether the person receiving the equipment is a candidate or a person under the control of the committee.

6.2 Self Dealing

6.2.1 When a committee has a commercial dealing with a person associated with the committee in that person's personal capacity, the committee has the burden of showing an arm’s length, actual legitimate business transaction. For example, leases of personal property to one's political committee at higher than the fair market value will result in the excess above the fair market value being considered as an illegal expenditure of campaign funds not authorized under 15 Del.C. §8020. Likewise, any party or person other than the candidate who leases equipment to the political committee at a cost less than the fair market value will result in the difference between the lease cost and the fair market value of such lease being considered a campaign contribution by the lessor.

6.2.2 Also, all no or low interest loans made to the political committee by other than the candidate which are below the market rate of interest charged for similar loans in an arm’s length commercial transaction will be considered contributions to the extent below the market interest rate and subject to the limitations of Chapter 80. Likewise, any reportable in kind services provided will be considered a contribution.

6.2.3 The committee has the obligation of attaching to its reports any documentation necessary by affidavit, appraisal or otherwise, that the dealings between the political committee and the person associated with the political committee were arms length transactions.

6.3 Payments to candidates and their Spouses as compensation for services, regardless of how denominated, shall be considered wages or salary and, as such, are prohibited under 15 Del.C. §8020.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-7.0 General content requirements.

7.1 All campaign advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such advertisement].”

7.2 All third-party advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such third-party advertisement]. Learn more about [political committee or other person paying for such third-party advertisement] at elections.delaware.gov.”

7.3 Statement specifications, general. All statements required pursuant to this Section hereunder must be presented in a clear and conspicuous manner, to give the reader, observer, or listener adequate notice of (a) the identity of the political committee or person that paid for the communication; and (b) if applicable, the address of the Commissioner of Elections’ web site. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked.

7.4 Statement specifications, printed communications. In addition to the general requirements of Section 7.2 hereunder, all statements required pursuant to 15 Del.C. §8021 that appear on any printed communication must also comply with the following specifications:

7.4.1 The statement must be of sufficient type size to be clearly readable by the recipient of the communication. Statements printed in the following font sizes shall be presumed to satisfy the foregoing type size requirement:

7.4.1.1 For printed communications smaller than 8½” x 11”, a font size of eight (8) points or larger;

7.4.1.2 For printed communications from 8½” x 11” to 24” x 36”, a font size of twelve (12) points or larger;

7.4.1.3 For printed communications that are larger than 24” x 36”, a font size equal to least five percent (5%) of the height of such communication.

7.4.2 The statement must be contained in a printed box set apart from the other contents of the communication.

7.4.3 The statement must be printed with a reasonable degree of color contrast between the background and the printed statement. A statement satisfies the color contrast requirement of this section if it is printed in black text on a white background

7.4.4 If a printed communication appearing in electronic format lacks sufficient space to include the required statement in accordance with the foregoing specifications, such communication may meet disclosure requirements if, by clicking on the printed communication appearing in electronic format, the viewer is taken to a landing page or a home page that displays the statement in a conspicuous manner in accordance with the foregoing specifications.

7.5 Statement specifications, television communications. In addition to the general requirements of Section 7.2 hereunder, all statements required pursuant to 15 Del.C. §8021 that appear in any television communication must also comply with the following specifications:

7.5.1 The statement shall be both written and spoken either at the beginning or at the end of the communication, except that if the statement is written for at least five seconds of a broadcast of thirty seconds or less or ten seconds of a sixty second broadcast, a spoken disclosure statement is not required.

7.5.2 The written disclosure statement shall appear with a reasonable degree of color contrast between the background and text of the statement, must be of sufficient size to be readily legible to an average viewer and shall air for at least four (4) seconds.

7.6 Statement specifications, radio communications. In addition to the general requirements of Section 7.2 hereunder, all statements required pursuant to 15 Del.C. §8021 that appear in any radio communication must also comply with the following specifications:

7.6.1 The statement shall be spoken in a clearly audible and intelligible manner at the beginning or end of the communication.

7.6.2 The statement shall have a duration of at least three (3) seconds.

7.7 Statement specifications, telephone communications. In addition to the general requirements of Section 7.2 hereunder, all statements required pursuant to 15 Del.C. §8021 that appear in any telephone communication must also comply with the following specifications:

7.7.1 The statement shall be spoken in a clearly audible and intelligible manner at the beginning or end of the communication.

7.7.3 The statement shall have a duration of at least three (3) seconds.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-8.0 Reports of political committees

8.1 Forms. Reports of political committees and third party advertisers required by 15 Del.C. §§8030, 8031 shall be filed electronically on forms prescribed by the Commissioner. The Commissioner shall issue to each person subject to 15 Del.C. §§8030, 8031 an electronic password upon the approval and processing of each such person’s Statement of Organization.

8.2 Filing. Reports must be filed electronically by the deadline on the date they are due.

8.3 Signing. The electronic password issued to a person subject to 15 Del.C. §§8030, 8031 shall constitute that person’s signature. The electronic password issued to third party advertisers shall constitute that person’s signature upon reports filed pursuant to 15 Del.C. §§8030, 8031. The electronic password shall also constitute the signature under penalty of perjury of a third party advertiser filing pursuant to 15 Del.C. §8031.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-9.0 Special reports of third party advertisements

9.1 The initial report filed by a person pursuant to 15 Del.C. §8031 during an election period shall contain all of the information required by Section 8031. Each subsequent report filed within the same election period shall contain the following information:

9.1.1 Any information required by Section 8005, if such information has changed since the last report filed with the Election Commissioner pursuant to Section 8031.

9.1.2 The full name and mailing address of each person to whom any expenditure has been made by the reporting person since the date of the last period under Section 8030 or Section 8031 in an aggregate amount in excess of $100; the total aggregate amount of expenditures during the election period; the amount, date and purpose of each such expenditure; and the name of, and office sought by, each candidate on whose behalf such expenditure was made;

9.1.3 The full name and mailing address of each person who has made a contribution to the reporting person since the date of the last report filed pursuant to Section 8030 or Section 8031 in an aggregate amount or value in excess of $100; the total of all contributions from such person since the date of the last report filed pursuant to Section 8030 or Section 8031; and the amount and date of all contributions from such person since the date of the last report filed pursuant to Section 8030 or Section 8031.

9.1.4 If a person listed under section (3) above is not an individual, the full name and mailing address of:

9.1.4.1 Any person who, directly or otherwise, owns a legal or equitable interest of 50 percent or greater in such entity; and

9.1.4.2 One responsible party, if the aggregate amount of contributions made by such entity during the election period exceeds $1,200.

9.1.5 If an expenditure subject to Section 8031 is made more than 30 days before a primary or special election or 60 days before a general election, the report required under Section 8031 shall be filed within 48 hours after such expenditure is made. If the expenditure subject to Section 8031 is made 30 days or less before a primary or special election or 60 days or less before an election, such report shall be filed with the Commissioner within 24 hours after such expenditure is made. For purposes of this section, an expenditure shall be deemed to be made on the date it is paid or obligated, whichever is earlier.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-10.0 Late Reports

10.1 Any reporting party who fails to file or deliver to the Commissioner any report required under this chapter shall be assessed a fine by the Commissioner of $50 for each day that such report is tardy. In the event any report required under this chapter shall be incomplete, such report shall be deemed tardy for purposes of this section. Notwithstanding the foregoing, a reporting party shall be entitled to an automatic, 1-time 24-hour extension hereunder, provided such party notifies the Commissioner in writing thereof no later than the filing deadline for such report.

10.2 In the event a report is incomplete or otherwise tardy, the Commissioner shall immediately notify the reporting party thereof in writing. Such notice shall state that a fine is being assessed for each late day, and to the extent applicable, shall also specify why such report is incomplete. Upon receipt of such notice, the reporting party shall have 30 days to appeal such fine in writing to the Commissioner. In the event of an appeal, the reporting party shall have the opportunity to show the Commissioner that such tardiness is due to reasonable cause and not willful neglect. If the Commissioner determines that such tardiness is not due to reasonable cause, or the reporting party fails to timely file an appeal, such fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the reporting party.

10.3 If a tardy report is not filed or corrected within 30 days following: (a) a determination by the Commissioner that such tardiness is not due to reasonable cause; or (b) the expiration of the appeal period set forth in 10.2, then the Commissioner shall notify the Office of the Attorney General that the reporting party has failed to file such report.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-11.0 Advisory opinions

Any person may apply to the Commissioner for a ruling that applies 15 Del.C. Ch. 80 to a particular set of facts specified by the person. Such requests must be in writing and signed by the requestor. The Commissioner will issue such ruling in writing with copies available to the public, except that the identity of that person that requested the ruling will not be disclosed without the person's consent. Copies of such rulings will be distributed in accordance with 15 Del.C. §8041.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-12.0 Public disclosure

All reports made to the Commissioner and all rulings made by the Commissioner shall be public and open for inspection and copying at reasonable cost by the public except that the identity of the candidate or committee requesting a ruling pursuant to Section 8041(2) shall not be disclosed without the candidate's or committee's consent.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

15 Del. Admin. Code § 100-13.0 Regulations supplemental to statute

These regulations are in addition to and interpretive of the requirements of 15 Del.C. Ch. 80, and do not excuse any person from the obligation to comply with the provisions of that statute.

History

• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)
• 16 DE Reg. 771 (01/01/13)

101 Procedures for Addressing Post-Election Voting Machine Audit Discrepancies

15 Del. Admin. Code § 101-1.0 Purpose

This regulation is adopted by the Department of Elections pursuant to its authority under 15 Del.C. §5012(A)(f) and outlines the procedures to be followed by the Department of Elections in the case of a discrepancy discovered during a post-election audit performed in accordance with the provisions of 15 Del.C. Ch. 50A.

History

• 25 DE Reg. 101 (07/01/21)

15 Del. Admin. Code § 101-2.0 Applicability

This regulation applies to any post-election audit performed pursuant to 15 Del.C. §5012A by or on behalf of (and as authorized by) the Department of Elections, including any of its county offices through its appointed officials, merit employees, casual/seasonal employees, or temporary employees contracted via a third-party State-authorized vendor.

History

• 25 DE Reg. 101 (07/01/21)

15 Del. Admin. Code § 101-3.0 Definitions

For purposes of this regulation, the following words or terms shall have the meaning indicated:

"Audit" or "post-election audit" means the definition of "audit" as set forth in 15 Del.C. §5012A.

"Audit team" means appointed officials, merit employees, casual/seasonal employees, or temporary employees contracted via a third-party State-authorized vendor assigned and authorized by the State Election Commissioner to conduct a post-election audit.

"Certified election results" means the official results of a primary or school election certified by the State Election Commissioner following post-election review by Department of Elections staff, and the official results of a general or special election certified by the Board of Canvass as convened by the Superior Court in each of the three counties of the State.

"Department" means Delaware Department of Elections, including each of its three county offices and the Office of the State Election Commissioner

"Human-readable text" means the printed names of candidates or answers to ballot questions that may be read and reviewed by individuals during an audit or recount.

"Logic and accuracy test" means the testing undertaken following programming an election on a voting device to ensure accurate ballot marking and tabulation of results.

"Paper ballots" means the ballots of record marked and tabulated by voting machines during an election.

"Recount” means a manual recompilation of election results by examining the human-readable text printed on the ballot.

"State” means the State of Delaware.

"Voting device" means the device which marks and tabulates paper ballots during an election, which can include voting machines and absentee ballot tabulation equipment.

"Voting system" means all components associated with the programming, preparation, and testing of voting devices, the voting devices, and media used to store unofficial voting results tabulated by these devices.

History

• 25 DE Reg. 101 (07/01/21)

15 Del. Admin. Code § 101-4.0 Threshold for Specific Action

4.1 In the event that audit results from a component of the voting system does not agree with certified election results, and such discrepancy is greater than one half of one percent (0.5%) from the certified results totals, the following provisions shall be triggered:

4.1.1 Additional audits of the voting system exhibiting the discrepancy.

4.1.2 Additional testing and analysis of the voting system exhibiting the discrepancy.

History

• 25 DE Reg. 101 (07/01/21)

15 Del. Admin. Code § 101-5.0 Specific Actions to be Taken Once Threshold is Triggered

5.1 An additional audit of the ballots shall be conducted by an audit team distinct from the audit team that conducted the initial audit.

5.2 If a discrepancy of more than one half of one percent (0.5%) is unresolved following the action prescribed in subsection 5.1, the following additional actions shall be undertaken:

5.2.1 All documentation related to the voting system in question shall be gathered and reviewed by the audit team distinct from the audit team that conducted the initial audit and shall be preserved. These records include logic and accuracy testing, certification, and all other documentation.

5.2.2 A subsequent manual logic and accuracy test of the impacted voting device or voting devices shall be conducted, and the results shall be examined by a team of Department staff not involved in the conduct of the initial logic and accuracy test of the impacted voting device or voting devices.

5.2.3 An additional audit shall be initiated on another randomly selected voting device or voting devices used in the same election, to identify any similar discrepancies.

History

• 25 DE Reg. 101 (07/01/21)

15 Del. Admin. Code § 101-6.0 Corrective Actions by Department to Avoid Discrepancy in the Future

6.1 If an identified discrepancy is unresolved following the activities detailed in Section 5.0, the following shall occur:

6.1.1 The Department shall enlist the assistance of the State's voting system vendor to undertake additional testing and analysis.

6.1.2 The Department shall enlist the assistance of federal voting equipment certifying authorities to undertake additional testing and analysis that may entail the engagement of independent testing laboratories authorized by federal voting equipment certifying authorities to also undertake additional testing and analysis.

6.1.3 Any corrective actions identified must be certified by the federal voting equipment certifying authorities before being implemented by the Department.

6.1.4 Any corrective actions identified shall be implemented as soon as practical on all voting devices maintained by the Department.

6.1.5 Any voting devices and all associated components of the voting system used to prepare voting devices on which corrective actions have been undertaken shall undergo a complete logic and accuracy test before the voting devices are used in any subsequent election.

6.1.6 The results of the logic and accuracy test must demonstrate no discrepancy in vote tabulation before the voting device may be used in any subsequent elections.

History

• 25 DE Reg. 101 (07/01/21)

200 Security and Integrity of the Absentee Voting Process

15 Del. Admin. Code § 200-1.0 Purpose:

Pursuant to Delaware Code, Title 15, §5522(b) this regulation shall ensure the security and integrity of the absentee procedures set forth in Chapter 55 of Delaware Code, Title 15 and that the counting process for Absentee Ballots is not subject to improper influences.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-2.0 General

2.1 This regulation applies to members of the Board of Elections for New Castle County, employees of the Department of Elections for New Castle County whether merit, casual/seasonal, or temporary (hired through a third party), Election Officers, absentee judges, and all persons observing the tabulating of Absentee Ballots.

2.2 This regulation applies to general, special and primary elections.

2.3 The Department shall designate a room that locks, or an area where the Department can secure voted and un-voted Absentee Ballots and control access as the Absentee Ballot Room.

2.4 In the absence of the Administrative Director and/or Deputy Administrative Director, the Department’s most senior employees of the same political party as the absent Administrative Director and/or Deputy Administrative shall perform the duties of that person or persons as specified in this regulation.

2.5 The Department shall create the various logs required by this regulation.

2.6 The Department shall create an Absentee Ballot Reconciliation Sheet for use in accounting for the disposition of voted Absentee Ballots for an Election District and for security of the Carrier Envelope.

2.7 The Department shall establish teams for handling the return of Absentee Ballots, the mailing of Absentee Ballots, and in-person absentee voting. Individuals may serve on more than one team.

2.8 The Department shall train all persons involved in the Absentee Voting process on all relevant tasks. The Department shall document that the training took place, the date of the training, persons who attended the training and the name of the Instructor.

2.9 For the purposes of this regulation, the term tabulation means equipment that counts the votes on a ballot (a tabulator or scanner) or hand counting of ballots.

2.10 The tabulation of Absentee Ballots for an election shall begin at 7 a.m. on the day of the election and shall continue until the polls have closed or tabulation is complete whichever is later.

2.11 No one shall release absentee results to any challenger or observer until after the polls have closed.

2.12 The term “Chapter 55” as used in this regulation refers to Delaware Code, Title 15, Chapter 55.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-3.0 Ballot Security

3.1 The Department shall store all voted and un-voted ballots in locked containers in the Absentee Ballot Room. The keys to these containers shall be in the custody of the Department’s Administrative Director, Deputy Administrative Director and such other person or persons designated in writing by the Administrative Director and Deputy Administrative Director except when locking or unlocking the containers.

3.2 The Department may leave the ballot containers unlocked during business hours. The Department shall keep at least two persons present in the Absentee Ballot Room at all times that the ballot containers are unlocked.

3.3 The Department shall restrict access to the Absentee Ballot Room from the day that Absentee Ballots are first available to the day prior to an election to those persons designated in writing by the Administrative Director and Deputy Administrative Director, persons voting, and persons waiting to vote. Except that, the Administrative Director and/or Deputy Administrative Director may use the Absentee Ballot Room for meetings.

3.4 Department staff or visitors shall not use the Absentee Ballot room to move from one part of the office to another part of office after Absentee Ballots are in the Absentee Ballot Room.

3.5 Persons unlocking and locking the Absentee Ballot Room shall record such actions on the log established for that purpose by the Department.

3.6 Persons unlocking and locking ballot containers shall record such actions on the log established for that purpose by the Department.

3.7 The Absentee Supervisors shall account for each voted Absentee Ballot at least once each week. The Absentee Supervisors shall report the results of this accounting in writing to the Administrative Director and Deputy Administrative Director. The supervisors shall note each discrepancy and corrective action in their report.

3.8 The Board of Elections for New Castle County may appoint an equal number of members from different political parties to inspect the Department’s ballot security procedures and practices.

3.9 No one shall write on a returned Ballot Envelope except as provided in this regulation.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-4.0 Processing Absentee Ballots Returned to the Department

4.1 In accordance with Chapter 55, voters may return Absentee Ballots mailed to them by mail, in person or by a person designated by the absentee voter.

4.2 The team handling returned ballots shall:

4.2.1 Remove Ballot Envelopes from the Mailing Envelopes and attach by paper clip to the Ballot Envelope any material other than the Ballot Envelope that is in the Mailing Envelope;

4.2.2 Time stamp the back of each returned Ballot Envelope;

4.2.3 Attach a Post-it Note (or equivalent product) noting any Ballot Envelope discrepancy to the front of the Ballot Envelope;

4.2.4 Attempt to notify the voter by phone or email of the problem(s) and of the action that the voter can take to correct the problem;

4.2.5 Record the return of each Ballot Envelope in accordance with Department procedures; and

4.2.6 File each returned ballot alphabetically by Election District in the appropriate container.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-5.0 Processing Absentee Ballots Voted at the Department

The team handling in-office voting shall:

5.1 Verify the absentee voter’s identity and mark the form of identity shown by the voter on the voter’s affidavit;

5.2 Instruct the absentee voter in the proper procedure for marking the ballot, putting the ballot into the Ballot Envelope, sealing the Ballot Envelope, and signing the front of the Ballot Envelope;

5.3 Make sure that the absentee voter has put the ballot in the Ballot Envelope, sealed the Ballot Envelope and signed the front of the Ballot Envelope;

5.4 Time stamp the back of each Ballot Envelope;

5.5 Record the return of each Ballot Envelope in accordance with Department procedures; and

5.6 File each returned ballot alphabetically by Election District in the appropriate container.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-6.0 Absentee Ballot Room Security on Election Day

6.1 No challenger or observer shall bring into the Absentee Ballot Room a cell phone that is on, a camera, a briefcase, any paper except for a list of voters he/she may challenge, a list of absentee voters or a pad or notebook for taking notes.

6.2 No Department member, Board member, Absentee Judge or another person present in an official capacity shall bring a cell phone that is on into the Absentee Ballot Room.

6.3 No challenger, observer, Department member, Board member or Absentee Judge shall use any writing instrument in the Absentee Voting Room except as provided by the Department.

6.4 Challengers:

6.4.1 For a Primary Election, each candidate on the ballot may authorize in writing two challengers at a time to observe the tabulation process and to make challenges.

6.4.2 For a General Election, each party on the ballot may authorize in writing two challengers at a time to observe the tabulation process and to make challenges.

6.4.3 Challengers have the same authority and responsibilities as provided in Delaware Code, Title 15.

6.5 Citizens may observe the tabulation process. If more citizens than the room can accommodate appear to observe the tabulation process, the Department shall restrict the number of observers in order to maintain a safe and orderly environment.

6.6 The Department shall remove all un-voted ballots from the Absentee Room and store them in sealed containers in the Deputy Director’s Office.

6.7 The Department shall remove all loose materials from the Absentee Ballot Room.

6.8 The Department shall provide green pens for use by Department staff and Absentee Judges, and red pens for use by challengers and observers.

6.9 The Department shall establish an area where challengers and other persons may observe the tabulation process.

6.10 Challengers and other persons observing the tabulation process shall enter or depart the Absentee Voting Room by the front door unless escorted by the Administrative Director, Deputy Administrative Director or a member of the Board of Elections for New Castle County.

6.11 No person except for an Absentee Judge, an employee of the Department of Elections for New Castle County, a member of the Board of Elections for New Castle County or another State employee acting in an official capacity shall touch an Absentee Ballot during the tabulation process. The Department shall expel any other person who touches or attempts to touch an Absentee Ballot from the Absentee Ballot Room and not permit him/her to return.

6.12 No one shall remove any voted Absentee Ballots from the Absentee Ballot Room except as authorized by this regulation and/or by Delaware Code, Title 15.

6.13 The Administrative Director or Deputy Administrative Director may escort members of the media in and around the Absentee Ballot Room.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-7.0 Tabulation Process

7.1 A person or persons designated by the Department shall announce the ED that the Absentee Judges will process and ask if there are any challenges. If a challenger challenges a voter, the Absentee Judges processing the ED shall hear the challenge and then by majority vote determine whether to count the ballot.

7.2 Challengers shall make challenges before the Absentee Judges open the Ballot Envelope for the person that they are challenging.

7.3 A Challenger may make challenges for reasons stated in Chapter 55, §5513.

7.4 A Department member shall give the Absentee Ballots and a check sheet for an ED to a team of Absentee Judges starting with ED 01-01 and continuing in order and shall record the team to which he/she issued an ED’s Absentee Ballots.

7.5 The Department shall assign each team of Absentee Judges a specific tabulator to use for tabulating ballots.

7.6 Each Absentee Judge team shall check the ballots received against the check sheet and report any discrepancies to the Administrative Director, the Deputy Administrative Director or a person or persons designated in writing by the Administrative Director and Deputy Administrative Director.

7.7 The Absentee Judge team shall examine each Ballot Envelope and determine whether to count the ballot in accordance with Chapter 55, §5514.

7.7.1 If the Absentee Judges determine that they shall not count a ballot for a reason set forth in Chapter 55, §5514 (a) before opening the Ballot Envelope, they shall write the word REJECTED, the reason the ballot was rejected and their initials on the Ballot Envelope.

7.7.2 If the Absentee Judges determine that they shall not count a ballot for a reason set forth in Chapter 55, §5514 (a) after opening the Ballot Envelope, they shall put the ballot back into the envelope then write the word REJECTED, the reason the ballot was rejected and their initials on the Ballot Envelope.

7.7.3 If the Absentee Judges know that a person who has voted by Absentee Ballot is dead, they shall write the words REJECTED DEAD and their initials on the Ballot Envelope.

7.8 The Absentee Judges shall then open the remaining Ballot Envelopes, remove the absentee ballots therein and place them face down on the table.

7.8.1 If there are two or more ballots in the Ballot Envelope, the Absentee Judges shall put the ballots back into the Ballot Envelope and write the word REJECTED, the reason that they rejected the ballot and their initials on the Ballot Envelope.

7.8.2 If there is no ballot in the Ballot Envelope, the Absentee Judges shall write the word REJECTED, the reason that they rejected the ballot and their initials on the Ballot Envelope.

7.9 Absentee Judges shall put Ballot Envelopes that have been marked as “REJECTED” into the Carrier Envelope for the ED that they are processing and enter the information about the rejection of the Ballot Envelope on to the appropriate log and/or documentation for the ED.

7.10 The Absentee Judges shall tabulate the remaining ballots.

7.11 If the tabulator or scanner cannot tabulate a ballot or ballots, the Absentee Judges shall tally those ballot or ballots on two Absentee Vote Tally Sheets.

7.12 Absentee Judges shall record Write-in votes on the Write-in portion of the Absentee Vote Tally Sheets or on a separate Write-in Vote Tally Sheets as determined by the Department as most suitable for the election.

7.13 After the Absentee Judges have tabulated all of the Absentee Ballots for an ED, they shall put the ballots, the Ballot Envelopes and one copy of the Absentee Vote Tally Sheet and Write-in Vote Tally Sheet (if used) into the Carrier Envelope for the ED. They shall then write security seal number for the seal with which they shall secure the Carrier Envelope on the Absentee Ballot Reconciliation Sheet and put the Absentee Ballot Reconciliation Sheet into the Carrier Envelope. The Absentee Judges shall then seal the Carrier Envelope with the appropriate security seal and put the Carrier Envelope in the appropriate transport device.

7.14 Absentee Judges who processed an ED shall process any other Absentee Ballots that the Department receives for that ED prior to the close of the polls in accordance with the above procedures.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-8.0 After the Polls are Closed and the Ballots Tabulated

8.1 The Department shall secure the second copies of the Absentee Ballot Reconciliation Sheets, Absentee Vote Tally Sheets and Write-in Vote Tally Sheets (if used) in sealed and/or locked containers. The Department may use these documents as necessary during the canvass process. If the Department opens any containers holding these documents during the canvass process, the Department shall reseal or lock it/them at the conclusion of the canvass process. The Department shall keep the containers sealed or locked until the February 1 following the election unless a court of competent jurisdiction orders the Department to open one or more of the containers.

8.2 After the close of the polls and the Department has tabulated all of the Absentee Ballots, the Department shall seal the transport devices containing the Carrier Envelopes (ballot boxes) and record the seal numbers on a transfer log.

8.3 Upon turning the transport devices over to representatives of Superior Court, the Department shall obtain a signature acknowledging receipt of the transport devices.

8.4 No one shall open a Carrier Envelope that the Department has sealed except in the presence of the Administrative Director, Deputy Administrative Director, and a Deputy Attorney General to correct an error. The officials opening the Carrier Envelope shall fully explain the circumstance on the Absentee Ballot Reconciliation Sheet and shall then reseal Carrier Envelope with another security seal.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-9.0 Coordination With Polling Places

9.1 The Department shall publish after 12 Noon the day before an election a list of absentee voters that contains the names of everyone to whom it issued an Absentee Ballot. The Department shall also establish a process by which it distributes the portion of the list of absentee voters for an Election District to that Election District before the opening of the Polls on the day of the election.

9.2 The Department shall make available a copy of the list of absentee voters to each major political party and if requested at least five days before the day of the election to any minor political party on the ballot. The Department shall place a copy of the list in the Absentee Ballot Room for use by those observing the Absentee Ballot tabulation.

9.3 Election Officers shall update Poll Lists in the polling place with the information on the list of absentee voters.

9.3.1 Election Officers shall not permit persons on the list of absentee voters shown as having returned their Absentee Ballot to vote at the Polling Place.

9.3.2 Election Officers shall not permit persons who have not returned their Absentee Ballots and who appear to vote at their Polling Place to vote at the Polling Place until he/she has received permission for that person to vote from the Absentee Ballot Room.

9.4 The Department shall have at least two well-trained persons answering inquiries about absentee voting from the Polling Place and processing all Absentee Ballots returned on the day of the election.

9.4.1 The Department shall authorize a person whose Absentee Ballot the Department has not received to the Department to vote at their Polling Place.

9.4.2 The Department shall not authorize a person who returned his/her Absentee Ballot to the Department to vote at his/her Polling Place.

9.4.3 The Department shall maintain a log of the name and other pertinent information of every person who the Department authorized to vote in accordance with paragraph “a” above.

9.4.4 The Department shall compare the names of persons who return their ballots on the day of the election against the names on the log noted above. If the Department receives a ballot for a person that it authorized to vote at his/her Polling Place, Absentee Judges shall write the word “REJECTED”, the reason it rejected the ballot and the initials of the persons rejecting the ballot on the Ballot Envelope.

History

• 9 DE Reg. 1187 (2/1/06)

15 Del. Admin. Code § 200-10.0 After the Canvass

10.1 Following the canvass of a Primary Election, the Department shall keep the Carrier Envelopes and all Absentee Voting documents in sealed containers for at least 22 months following the date of the election. The Department shall then destroy the Carrier Envelopes, the material therein and all other Absentee Voting documents in accordance with Department policy.

10.2 Following the canvass of a General or Special Election, the Department shall keep the Carrier Envelopes in sealed transport devices until February 1 next. The Department shall then keep the Carrier Envelopes and all Absentee Voting documents in sealed containers for at least 22 months following the date of the election. The Department shall then destroy the Carrier Envelopes, the material therein and all other Absentee Voting documents in accordance with Department policy.

10.3 The Department shall audit the General Election Absentee Results for at least 3% of the Election Districts after February 1 in the year following a General Election and report the results to the Board of Elections for New Castle County.

10.4 The Department shall audit the Primary Election Absentee Results for at least 3% of the Election Districts after November 15 in the year of a General Election and report the results to the Board of Elections for New Castle County.

History

• 9 DE Reg. 1187 (2/1/06)