Election Results Audits FAQs

What Delaware Code provisions outline the post-election audit process?

The provisions of Delaware Code, Title 15 and, more specifically Sections 5014-5017 regarding post-election audits, mandate that the post-election audit process commences within 48 hours of the certification of election results. Further, Section 5014(d)(1) states that the random selection for audits shall occur at a public meeting conducted under Delaware Code, Title 29, Section 10004, which requires notice of such meeting to be posted no later than seven days (7) prior to its occurrence. Certifications of elections generally take place no later than 72 hours following the close of polls, per provisions of Delaware law (due to scheduling of primary elections, per Title 15, Section 3101(3), and the timeline for the canvass of general and special elections per Title 15, Chapter 57).

The actual practices of the audit (physical count by hand of paper ballots by hand and comparison of the results of this count reported/certified results) is the primary exercise of the audit and the Code requirement of the audit and always occurs.
Post-election audits also include the same type of hand count of absentee and early voting ballots, both of which are scanned and tabulated on dedicated scanner/tabulators located in the Department's county offices, which are also secured under the same protocols described above for the Express Vote XL equipment (which marks, but does to tabulate, early voting ballots). This equipment undergoes the same preparation and testing protocols as the ExpressVote XL voting equipment.

Yes, the random drawings of the subjects of the post-election audits (voting machines, election districts or polling placed [depending on the type of election], and statewide office, if applicable, occur in a noticed public meeting.
All phases of the audits occur in noticed public meetings.

All voting equipment is maintained secured facilities protected by alarms, 24-hour recorded video surveillance, and 24-hour logged badge access only available to authorized personnel in Department of Elections-managed facilities.
When voting equipment is assigned for use in a polling location, a comprehensive series of protocols is undertaken that includes the use of serialized seals, logs, and dual controls at all times from end to end to ensure a fully documented record of activity.
A full listing of security features and procedures in place regarding the security of Delaware's voting machines is available on the Department's website: Express Vote XL Voting Machine FAQ