{"data":{"id":"us-de/15-del.-c.-5702","jurisdiction":"us-de","citation":"15 Del. C. § 5702","heading":"Duties of Court.","body":"(a) If any of the material under § 5701(a)(3) of this title for any election district have not been produced when the Court convenes under § 5701(a)(1)a. of this title or if any voting device is not available by 12:00 noon, the Court may issue summary process against the election officers of that election district, or any other persons, to bring the documents or objects forthwith into the Court or to make them available for inspection by the Court.\n(b) Whenever the documents produced do not agree or there is a complaint under oath of fraud or mistake in any document, or if fraud, mistake, or omission is apparent on the face of a document, the Court shall do all of the following:\n(1) Examine any ballots as necessary.\n(2) Recount the votes contained in the voting material examined.\n(3) Correct any fraud, mistake, or omission in any document or paper relating to the election.\n(c) Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest.\n(d) (1) The Department shall provide the Court with a report of the number of absentee ballots delivered to each election district.\n(2) The Court shall determine and make certain that all of the ballots in the report received under paragraph (d)(1) of this section are recorded on the absentee vote report for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected.\n(e) If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense.","path":["Title 15. Elections","General Elections","CHAPTER 57. Canvass of Vote and Proclamation of Results of Election"],"source_url":"https://delcode.delaware.gov/title15/c057/index.html#5702","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:19Z","sha256":"94c05c6780443ec5849902169d6cc14871ef9c32596e216cd9726d898f91f913","source_id":"us-de","stale":true,"prev":"us-de/15-del.-c.-5701","next":"us-de/15-del.-c.-5703"},"notice":"GroundRules: Original legal text. Not legal advice."}