US Lawyer Database

§ 5925. Inquiry restricted to grounds of objection in specifications.

§ 5925. Inquiry restricted to grounds of objection in specifications. In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and to the statement of the other grounds upon which the person declared to have been elected rests the validity […]

§ 5953. Examination of ballots by Court.

§ 5953. Examination of ballots by Court. In the trial of any contested election under this subchapter, the Court may make an examination of the ballots given in such election, except that wherever the ballot boxes, ballots, poll lists, tally sheets or other books or records pertaining to any election, excepting the certificate of election […]

§ 5926. Subpoenas for witnesses.

§ 5926. Subpoenas for witnesses. Where any contestant or person who has been declared elected and whose election is contested is desirous of obtaining testimony respecting a contested election, such person may apply to the Prothonotary of the Superior Court in Kent County, for a subpoena or subpoenas for summoning such witnesses as the contestant […]

§ 5954. Judgment.

§ 5954. Judgment. (a) After hearing the allegations and proofs in the cause the Court shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried the cause) either confirming or annulling such election altogether. (b) If it appear by the judgment of the Court or the verdict of […]

§ 5955. Costs.

§ 5955. Costs. (a) Costs in all cases under this subchapter shall be awarded against the unsuccessful party to the contest. (b) Charges for costs shall be as near as possible to the charges for similar services in other cases tried in the Superior Court. (c) Execution may issue to collect costs. 17 Del. Laws, […]

§ 5928. Certification by Superior Court.

§ 5928. Certification by Superior Court. The Superior Court, after hearing any contest of election of an elector or electors, shall make out and certify under the seal of the Court the ascertainment of the vote of the State for electors, and also certify the names of the persons chosen as electors, and cause such […]

§ 5941. Who may contest; causes.

§ 5941. Who may contest; causes. Any person claiming to be elected to an office to be exercised in and for any county, district or hundred may contest the right of any person declared to be duly elected to such office for any of the following causes: (1) For malconduct on the part of the […]

§ 5942. Irregularities not invalidating election.

§ 5942. Irregularities not invalidating election. No inequality or improper conduct in the proceedings of the election officers or clerks or any one of them, shall be construed to amount to such malconduct as to annul or set aside any election unless the inequality or improper conduct shall have been such as to procure the […]

§ 5903. Verification of specifications.

§ 5903. Verification of specifications. Every specification shall be verified by affidavit of the party delivering the same, stating that the party verily believes that the grounds of objection set forth are substantially true, and that the voters specified as illegal voters were not entitled by law to vote at the election in question. Code […]