§ 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 […]
§ 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 […]
§ 5714. Costs.
§ 5714. Costs. All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated. 15 Del. C. 1953, § 5717; 57 Del. Laws, c. 567, § 53; 66 Del. […]
§ 5715. State senatorial or representative districts.
§ 5715. State senatorial or representative districts. (a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows: (1) For those senatorial or representative districts in which a majority of the […]
§ 5901. Notice of intention to contest; specifications.
§ 5901. Notice of intention to contest; specifications. Any person intending to contest the election or the eligibility of any one returned by the board of canvass as a member of either branch of the General Assembly from any of the counties of this State shall at least 20 days before the meeting of the […]
§ 5902. Counter specifications.
§ 5902. Counter specifications. The person returned by the board of canvass as having been elected shall, within 15 days after receiving the notice specified in § 5901 of this title, deliver to the person contesting the elected person’s seat a like specification of objections to the right of the contestant to such seat. Code […]