§ 5951. Trial by Court; by jury.
§ 5951. Trial by Court; by jury. All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgment, determine […]
§ 5952. Proof and evidence limited by statement.
§ 5952. Proof and evidence limited by statement. At the trial of any contest under this subchapter the contestant shall be limited in that contestant’s proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their testimony to the facts set forth in the […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 5943. Requirements to set aside election because of illegal voting.
§ 5943. Requirements to set aside election because of illegal voting. Nothing in this chapter shall be so construed as to authorize an election to be set aside or annulled on account of illegal votes unless it shall appear that an amount of illegal votes has been given to the person whose right to the […]
§ 5944. Circumstances under which contestant need not claim to have been elected.
§ 5944. Circumstances under which contestant need not claim to have been elected. When an election is contested because of alleged malconduct of the election officers holding the election or because the person whose right to office is contested was not eligible for such office, a proceeding may be instituted under this chapter against such […]
§ 5945. Statement of contestant; contents.
§ 5945. Statement of contestant; contents. When any person authorized to do so under this chapter desires to contest the right of any person declared duly elected to such office, that contesting person shall, within 20 days after the result of the election shall have been officially ascertained by the board of canvass, or officers […]