Delaware § 5004 - Voting devices; software designations.
Full text of Delaware Delaware Code § 5004 — Voting devices; software designations., with citation guidance and answers to common questions.
§ 5004. Voting devices; software designations.
(a) (1) No later than July 1 of each odd-numbered calendar year, the Commissioner shall designate the software and version of that software (software) that must be used on the Department’s voting devices during the next statewide general election.
(2) Voting devices must use the software designated under paragraph (a)(1) of this section for elections held on or after September 1 of that calendar year.
(3) Voting devices may use the software installed under paragraph (a)(2) of this section for elections held before September 1 of the next odd-numbered calendar year.
(b) In addition to operating each voting device in compliance with the requirements under § 5003 of this title, the software designated under paragraph (a)(1) of this section must meet all of the following criteria:
(1) Actively used in at least 2 other jurisdictions in the United States.
(2) Certified by 1 or more of the following:
a. The Election Assistance Commission.
b. A voting system testing laboratory accredited pursuant to the Help America Vote Act of 2002 [52 U.S.C. § 20901 et seq.]
(3) Approved for use by the manufacturer of the voting devices.
(c) If there are multiple versions of software that meet the requirements under subsection (b) of this section, the Commissioner may select the software that the Commissioner determines is best suited to meet the requirements under this title after considering all of the following:
(1) How recently each version was released.
(2) The experiences of other jurisdictions in the United States with the software under this subsection (c).
(3) The recommendations of the voting device manufacturer.
(4) The recommendations of Department employees.
(5) Any other factors that the Commissioner deems relevant.
(d) Notwithstanding subsection (a) of this section, at any time, the Commissioner may change the designated software for the Department’s voting devices if necessary to address a material security flaw in the previously designated software.
85 Del. Laws, c. 313, § 2;Frequently Asked Questions About Delaware § 5004
What does Delaware Code § 5004 cover?
Section 5004 ("Voting devices; software designations.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 5004?
A common citation format is "Delaware Code § 5004" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 5004 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.