15 Del. C. § 4948: Provisional ballots.

(a) Provisional ballots must be used in elections for federal offices.

(b) (1) An individual claiming to be properly registered in an election district, but whose eligibility to vote at that election district cannot be determined, is entitled to cast a provisional ballot for the federal offices on the ballot in that election.

(2) Election officers shall inform an individual who is not being permitted to vote, for any reason, that the individual may cast a provisional ballot for the federal offices on the ballot in that election.

(3) The inspector shall return all voted provisional ballots to the Department on the night of the election.

(c) (1) a. An individual voting a provisional ballot must present proof of identity and address to the election officers.

b. The election officers shall indicate the form of the proof provided under paragraph (c)(1)a. of this section on the provisional ballot envelope.

(2) Notwithstanding paragraph (c)(1) of this section, if the individual does not show proof of identity or address, the individual must be permitted to vote by provisional ballot. The election officers shall indicate that the individual did not show proof of identity or address, or both, on the provisional ballot envelope.

(d) [Repealed.]

(e) (1) A provisional ballot must be labeled as a provisional ballot and to the extent possible, must be in the same form as absentee ballots for the federal offices on the ballot in that election.

(2) For a general election, the Department shall provide a minimum of 10 blank provisional ballots to each election district and additional blank provisional ballots as follows:

a. A minimum of 20 blank provisional ballots to election districts with 3 or more assigned voting devices.

b. A minimum of 30 blank provisional ballots to election district with 4 or more assigned voting devices.

(3) For a primary election, the Department shall develop a standard. to determine the number of provisional ballots that should be provided.

(4) The Department shall deliver additional provisional ballots, envelopes, instructions, or voter information sheets to the polling place for an election district when notified by an election officer from the district that the supply of some or all of the provisional ballot materials is very low.

(f) Election officers shall give whatever assistance is requested by an individual who is voting by provisional ballot. When the assistance the voter requests includes marking or assisting in marking the individual’s ballot, 2 election officers with different political party affiliations shall provide that assistance.

(g) An individual who spoils their own provisional ballot must upon request, be given a replacement ballot after surrendering the spoiled ballot.

(h) Tallying provisional ballots.—

(1) The day following an election in which provisional ballots were used, the Department shall examine the provisional ballots, determine which of those ballots should be tallied in accordance with the rules under paragraphs (h)(2) through (h)(8) of this section, and then tally those ballots.

(2) The Attorney General shall appoint a Deputy Attorney General to advise the Department as requested during the provisional ballot tallying process.

(3) The county chairperson of each political party with a candidate on a provisional ballot within the county may appoint, in writing, 1 observer to be in the room where provisional ballots are being reviewed and tallied.

(4) The Department shall sit until the disposition of every provisional ballot has been determined. The Department shall establish an appropriate schedule of breaks, meals, and rest periods.

(5) If the provisional ballot affidavit is incomplete, the provisional ballot must be set aside, must not be opened, and the votes not tallied. An incomplete affidavit is an affidavit that does not include all of the following information about the individual who voted by that provisional ballot:

a. Full name.

b. Complete address.

c. If a primary election, political party affiliation.

d. Date of birth.

(6) If the individual who voted by provisional ballot did not show suitable identification at the polling place, the ballot must be set aside, must not be opened, and the votes not tallied.

(7) A provisional ballot cast by an individual who is not registered to vote in this State or who is not registered to vote in the election district in which the provisional ballot was cast must be set aside, must not be opened, and the votes not tallied.

(8) A provisional ballot cast by an individual who is registered to vote and who has moved into the election district shall be counted if the individual voted at the correct polling place for that individual’s new address.

(9) The Department shall tally the provisional ballots that meet the requirements under paragraphs (h)(2) through (h)(8) of this section.

(10) After completing the tally under paragraph (h)(9) of this section, the Department shall do either of the following:

a. For a primary election, canvass the provisional ballots.

b. For a general election or a special election, deliver all of the following to the prothonotary:

1. One copy of the provisional ballot tally sheet for each election district.

2. All provisional ballots cast in the election.

3. All affidavits, envelopes, and supporting documentation.

(i) Post-election processing and notification.—

(1) As soon as practical, but not later than 30 days following an election in which provisional ballots were used, the Department shall enter the appropriate data into a free access system so that an individual who voted by provisional ballot may determine if their ballot was counted, and if it was not counted, all of the reasons it was not counted.

(2) a. The Department shall use the provisional ballot affidavit as authority to register an individual to vote after the individual voted by provisional ballot in an election if all of the following apply:

1. The individual is not already registered to vote.

2. The minimum information required to register an individual to vote is provided.

b. The Department shall use the provisional ballot envelope to update all of the following if the information is different than the information on the individual’s voter registration record:

1. The registered voter’s name.

2. The registered voter’s address.