Delaware § 5709 - Disposition of certificates by the Court.
Full text of Delaware Delaware Code § 5709 — Disposition of certificates by the Court., with citation guidance and answers to common questions.
§ 5709. Disposition of certificates by the Court.
(a) The Court shall, within 3 days after making the certificates of the result of the election for electors of President and Vice-President, either personally or by a person deputed by it for that purpose:
(1) Transmit, deliver and lodge the certificates of the result of the election for electors of President and Vice-President, 1 to the Governor, another to the Secretary of State, and the other to the Prothonotary of the county; and
(2) Transmit, deliver and lodge the certificates of the result of the election for Governor, according to the directions of the Constitution in that behalf; and
(3) Transmit, deliver and lodge 1 of the certificates of the result of the election for Lieutenant Governor to the President of the Senate, or in case of a vacancy in the office of President of the Senate, or the President of the Senate’s absence from the State, to the Secretary of State, who shall keep the same until a President of the Senate shall be chosen, to whom they shall be immediately transmitted after the President of the Senate’s election, who shall open and publish the same in the presence of the members of both Houses of the General Assembly, duplicates of which certificate shall also be immediately lodged with the Prothonotary of each county; and
(4) Transmit, deliver and lodge 1 of each of the certificates of the result of the election for Senator, or Senators, from the State in the Senate of the United States, to the Governor, and lodge the other of such certificates in the office of the clerk of the peace of the county; and
(5) Transmit, deliver and lodge 1 of each certificate of the result of the election for Representative, or Representatives, in the House of Representatives of the United States, to the Governor, and lodge the other certificate in the office of the clerk of the peace of the county; and
(6) Transmit, deliver and lodge 1 certificate of the result of the election for Attorney General, for Insurance Commissioner, for State Treasurer and for Auditor of Accounts to the Governor and the other certificate in the office of the Prothonotary of the county; and
(7) Transmit and deliver 1 certificate of the result of the election of Senator and 1 certificate of the election of Representative in the General Assembly, in the office of the Prothonotary for Kent County, and further shall deliver, on the first day of the meeting of the General Assembly after the election, the other certificate of the election of Senator to the Senate, and the other certificate of the election of Representatives to the House of Representatives; and
(8) Transmit and deliver 1 certificate of the election of the clerk of the peace, of register of wills, of recorder, and of sheriff, to the Governor, and the other certificate to the clerk of the peace of the county, except the 1 for clerk of the peace, which shall be delivered to the Prothonotary; and
(9) Transmit and deliver the certificate of the election of each Levy Court Commissioner or County Council member, in New Castle, Kent and Sussex Counties, to the clerk of the peace of the respective county; and
(10) Deliver the certificate of election of the receiver of taxes and county treasurer to the clerk of the peace of the county; and
(11) Send 1 for each of such officers to the sheriff of the county to be by that sheriff delivered to the respective parties certified to have been elected.
(b) The Prothonotary of Kent County shall, on any day of the meeting of the General Assembly, deliver, if required, the certificates of election of Senators or of Representatives to the order of the House to which it belongs, or to the person named in the endorsement thereon.
(c) In addition to making the disposition of the aforesaid certificates, the Court, within 3 days after making such certificates, shall, either personally or by a person designated by it for that purpose, transmit, deliver and lodge a duly executed copy of each of the aforesaid certificates with the State Election Commissioner who shall be the master repository of all such certificates.
21 Del. Laws, c. 38, § 28; Code 1915, § 1782; 34 Del. Laws, c. 110, § 2; Code 1935, § 1871; 46 Del. Laws, c. 153, § 1; 15 Del. C. 1953, § 5709; 57 Del. Laws, c. 567, § 52; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 434, § 8; 73 Del. Laws, c. 91, § 13; 80 Del. Laws, c. 209, § 11;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 5709
What does Delaware Code § 5709 cover?
Section 5709 ("Disposition of certificates by the Court.") 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 § 5709?
A common citation format is "Delaware Code § 5709" (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 § 5709 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.