US Lawyer Database

§ 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 […]

§ 6101. Statement of purpose.

§ 6101. Statement of purpose. The Constitution of the State provides that certain persons who previously lost voting rights because of a felony conviction shall be permitted to vote. It is the purpose of this chapter to provide a procedure whereby such persons may register to vote. 72 Del. Laws, c. 314, § 1; 

§ 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 […]