Delaware Code Title 15. Elections § 5130. Failure of election officer to perform duties

(1) Excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election;  or

(2) Receives a vote from any person who has been duly challenged in relation to such person's right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law;  or

(3) Omits to challenge any person offering to vote whom that election officer knows or suspects not to be entitled to vote and who has not been challenged by any other person;

shall be deemed to have violated that election officer’s own official duty.