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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Immediately after the election, and within the 2 days immediately following the day of election, all voting materials, including the voting devices, media containing the election results, and secured containers of voted paper ballots, must be stored in a safe and secure place provided by the Department. While the board of canvass is conducting its canvass of the vote, all voting materials must be in the custody of the Prothonotary. While in the Prothonotary's custody, the voting materials may be examined by order of the board of canvass or any other court of competent jurisdiction.
(b) After the board of canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting materials over to the Department. The Department shall leave the voted paper ballots and all documentation extracted from the media containing the election results undisturbed and locked for 22 months after the day of the election. During this period, the voted paper ballots and all documentation extracted from the media containing the election results may be inspected by any duly authorized member or agent of the General Assembly, the Attorney General, or the Department for the purpose of conducting an audit under § 5012A of this title.
Cite this article: FindLaw.com - Delaware Code Title 15. Elections § 4980. Return and custody of voting devices containing election results ballot container - last updated January 01, 2026 | https://codes.findlaw.com/de/title-15-elections/de-code-sect-15-4980/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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