Delaware § 5014 - Audits; procedures.

§ 5014. Audits; procedures.

(a) (1) An audit of election results under this chapter (audit) must count by hand the votes on each paper ballot from a voting device and compare the paper ballot totals to the totals kept by the voting device electronically.

(2) An audit completed under § 5015(b) or § 5016(c) of this title must include all ballots cast in a selected election district, including ballots cast during early voting and absentee ballots.

(b), (c) [Repealed.]

(d) The Department shall perform all of the following at a public meeting conducted under § 10004 of Title 29:

(1) A random selection required for an audit under § 5015, § 5016, or § 5017 of this title.

(2) An audit under § 5015, § 5016, or § 5017 of this title.

(e) (1) Within 60 days of an audit under this chapter, the Department shallcomplete a report that contains the results of that audit.

(2) a. The Department shall post the report required under paragraph (e)(1) of this section on the Department’s website and submit the report to the Director and the Librarian of the Division of Legislative Services and the Delaware Public Archives.

b. If the election results in the report were for an election held by a school district or municipality, the Department must also submit the report to the chief officer of the jurisdiction in which the election was held.

(f) The Department shall promulgate regulations to govern the procedure to be used if an audit reveals a discrepancy that include all of the following:

(1) The thresholds that trigger the Department or others to take a specific action.

(2) The specific actions to be taken by the Department or others once a threshold is triggered.

(3) The corrective actions that must be taken by the Department or others to avoid the discrepancy in the future.

82 Del. Laws, c. 170, § 43;  85 Del. Laws, c. 313, § 2;