Delaware § 704 - Powers respecting elections and election contests.

§ 704. Powers respecting elections and election contests.

(a) (1) The Senate may compel the delivery of ballot boxes to the Senate and, for that purpose, may order and cause the arrest of the sheriff or other person having custody of the ballot boxes and punish as a contempt the failure to deliver the ballot boxes.

(2) The House of Representatives may compel and enforce the delivery of ballot boxes to the House as the Senate may by the process under paragraph (a)(1) of this section.

(b) When there is a vacancy in either House of the General Assembly when that House of the General Assembly is in session, the Presiding Officer of the House in which the vacancy exists shall issue a writ of election to fill the vacancy, as prescribed by Chapter 71 of Title 15.

(c) [Repealed.]

(d) If the election or eligibility of a member of the Senate or House of Representatives is contested under subchapter I of Chapter 59 of Title 15, the President of the Senate or Speaker of the House of Representatives, as the case may be, shall issue a writ to order the payment of costs by the contestant under § 5908 of Title 15.

Code 1852, §§  379, 404-407, 434;  21 Del. Laws, c. 38, §  31;  Code 1915, §  365;  Code 1935, §  336;  29 Del. C. 1953, §  704;  82 Del. Laws, c. 141, § 23;  83 Del. Laws, c. 458, § 4;