Delaware election security and audits: questions and answers

Understanding ExpressVote XL and absentee ballots

What evidence can voters use to judge the accuracy of an election?

On an ExpressVote XL voting machine, you can read your selections printed on your paper ballot. Before casting it, compare those printed selections with the choices you made on the machine's screen. With a paper absentee ballot, you can check your marked choices before returning it. We test voting equipment before each election. After the election, we conduct post-election audits at public meetings. Audit teams count votes on selected paper ballots by hand. They compare their counts with the electronic vote totals for those ballots. Delaware election security and transparency information; Delaware absentee voting instructions and FAQ; Delaware voting-device and audit law: Title 15, Chapter 50

The Delaware Public Meeting Calendar: Department of Elections search lists times and places to observe testing and audits. Our Delaware post-election audit reports identify the machines, districts and contests examined and record the findings. A contest is a race for office or a question on the ballot.

How do I review my ballot on an ExpressVote XL or when voting absentee?

ExpressVote XL, during early voting or on Election Day: The machine prints your selections on a paper ballot. Before casting it, read the printed choices and compare them with the choices you made on the screen. Check that they show how you want to vote. If they are incorrect, tell an election officer before casting. The officer can void the incorrect ballot so you can start again. Delaware early voting and Election Day voting options; paper-ballot review

Once you cast your XL ballot and it enters the secure ballot container, your vote is final. We keep the paper ballot for post-election audits and other review allowed by law. Instructions and demonstrations appear on our Delaware voting equipment information and demonstrations page. Delaware ExpressVote XL voting-machine FAQ

Paper absentee ballot: Mark your choices on the ballot and check them before placing it in the ballot envelope. Check your information on the envelope, sign and date the oath, seal the envelope, and follow the return instructions. The marks on your ballot record your votes for counting and for any district audit that includes your ballot. Absentee voter instructions; Delaware absentee voting law: Title 15, Chapter 55, §§5507 and 5510; Delaware audit procedures: §5014

Some eligible absentee voters can receive or return ballots electronically, including qualified military and overseas voters and voters who are sick or physically disabled. Follow the instructions for the absentee option you use. Our Delaware absentee voting options page explains those options.

What should I do if I make a mistake or my ballot does not show my choice?

On an ExpressVote XL: Tell an election officer before casting the ballot. Check the printed selections even if the screen appeared correct. Our ballot-voiding procedure allows an incorrect XL ballot to be replaced before it is cast. Delaware security information

On a paper absentee ballot: If you spoil or mark the ballot incorrectly, contact the Department office in your county for instructions before returning it. Absentee voter instructions

What happens if an ExpressVote XL stops working?

Election officers must seal a machine that stops working to prevent further voting on it. State law requires us to keep a reasonable number of extra machines ready. We must take reasonable steps to deliver them quickly when needed. The law also requires us to prepare a plan that lets voters cast ballots if every machine at a polling place fails. 15 Del. C. §§5002(d) and 5012

Tell an election officer about an equipment problem so staff can address it and direct you through the available voting procedure. The person with custody of the device remains responsible for its protection. §§5010(g) and 5012

What do the machines, scanners, Electionware, and pollbooks each do?

The equipment has different jobs. A tabulator counts votes. A results tape is a printed record of a machine's vote totals.

Component	Task	Records or output
ExpressVote XL during early voting	Displays ballot choices and prints the voter's selections for review and casting.	Printed paper ballots, retained for county scanning and tabulation.
ExpressVote XL on Election Day	Displays ballot choices, prints selections, and scans cast votes for counting.	Printed paper ballots, saved electronic results, and printed results tapes.
County ballot scanner and tabulator	Scans early-voting XL ballots and absentee ballots and totals their votes.	Electronic results and count reports; paper ballots are retained.
Electionware	Sets up the contests and choices on ballots, prepares files for voting equipment, and brings results together.	Election files, summary reports, and district reports.
Voter-registration system	Maintains voter records.	Registration records.
Electronic pollbook	Uses voter information to support check-in.	Check-in records.

The files that define an election's contests, candidates and ballot questions are called an election definition. Electionware also groups results by contest and district. The U.S. Election Assistance Commission (EAC) describes the voting equipment and software in the EAC EVS 6.5.0.0 certificate and scope of conformance (PDF). Our machine FAQ explains how the XL works and which records it produces.

Absentee ballot processing and scanning follow Delaware absentee ballot processing: §5510. Registration and check-in records help account for voters. Ballots and vote reports record their votes. The EAC's voting-system certificate covers the equipment and software listed in that certificate. Voter-registration systems and pollbooks perform separate jobs.

Preparing and protecting the equipment

How are ExpressVote XL machines and absentee ballot tabulators tested for an election?

Before each election, we check the software on every voting device going to an Election Day polling place or an early-voting site. We also enter sample votes, count the votes on the printed test ballots by hand, and compare those counts with the electronic totals. This work is called logic and accuracy testing. It checks how the equipment marks and counts choices on the ballot prepared for that election. Department testing information; early voting and Election Day voting; Delaware voting-device preparation and testing: §5010, subsection (a)

Staff know the choices entered during the test, so they know what the counts should be. They check that the recorded votes match those choices. The test uses the ballot setup for that election, with its candidates and questions. This checks that a choice is counted for the right candidate or ballot answer.

The software check confirms that the installed version is the one required by the State Election Commissioner. State law also requires a test of all voting systems, including the absentee ballot system, within the ten days before an election. That test must check the counting of votes for all candidates and ballot questions. We must post public notice of the test and send a copy to each party's state chair if that party has a candidate on the ballot. §5010(a), (e)

Absentee ballot tabulators must be tested right after maintenance and programming. They must also pass a public test before use in an election. We must give at least seven days' notice of that public test. A machine that fails must be fixed or replaced and tested again. State law requires secure storage after testing and requires us to keep the test records. Delaware absentee tabulator testing requirements: §5523

We must assign at least two people to certify that voting devices are ready for use. They confirm that the device numbers and district assignments are correct, the devices work properly, and the seals are in place. Their voter-registration records must show different party affiliations. This preparation certification is a public record of the required checks. §5010(c), (f)

How do the safeguards address hacking or unauthorized changes?

We limit equipment access to authorized people, use the software required by the Commissioner, and test the ballot setup before use. We also keep records of who handles equipment and election materials. These records are called custody records. Paper ballots, printed results tapes and saved electronic totals provide records for later review. Delaware preparation requirements; equipment handling safeguards

Federal certification includes laboratory security testing. For example, the laboratory Pro V&V tested the system release called EVS 6.5.0.0. It examined whether the access controls and security settings worked under the test conditions. Our checks before an election confirm the required software version and test how the prepared equipment records votes. Pro V&V EVS 6.5.0.0 certification test report (PDF), §3.1.3.5; §5010

What details show whether a security test applies to a voting system?

The equipment model, software version and test conditions define what a test result covers. Pro V&V's report for EVS 6.5.0.0 lists the equipment and software tested. It describes the access controls and security settings that testers checked. Those details let readers connect a finding to the system that was tested. EVS 6.5.0.0 test report, §§2 and 3.1.3.5

Before use in Delaware, we check the software version and test the ballot setup on the equipment. After the election, audits compare votes on selected paper ballots with the electronic totals for those ballots. Preparation and audit requirements

Where do the checks occur, and when could a problem be found?

Checks occur during preparation, handling, voting and review. Each examines a specific part of the work.

Stage	Check	What it examines
Software release	Laboratory review and testing of the submitted system.	The equipment and software, and how they work under the test conditions.
Election preparation	Check of the required software version and use of known test votes.	The installed software and the ballot setup for that election.
Handling and use	Access restrictions, locks, seals, and custody records.	Equipment condition and who handles protected items.
Before casting an ExpressVote XL ballot	Voter review of the XL's printed selections.	Whether those printed choices reflect the voter's intended selections.
Before returning a paper absentee ballot	Voter review of the choices marked on that ballot.	Whether those marks reflect the voter's intended selections.
Review of results	Checks of ballot counts, the formal review of election results, and post-election audits.	The ballots, election reports and vote totals included in each review.

The testing duties are in §5010. XL handling and voter review are described in our machine FAQ and security information. Our absentee instructions explain paper absentee voting. The audit comparison is required by §5014.

The software check compares the installed version with the required version. Seal records help staff review how an item was handled. Audit records show the votes counted and any differences found.

How do safeguards apply to someone who already has access?

People authorized to handle election equipment have assigned duties. We record who handles machines, ballot containers and results tapes. Machine and seal numbers help staff follow each item through preparation, delivery, use and return. Equipment handling safeguards

At least two people with different registered party affiliations must certify that voting devices are ready for use. They confirm the device numbers, district assignments, working condition and seals. The certification remains available for public review. §5010

The audit rules require a different team to repeat an audit if the difference exceeds 0.5% of the certified vote totals. Certified results are the official results approved after the required election review. If the difference remains above that limit, further review and testing follow. Staff who did not conduct the first accuracy test must examine the new test results. Delaware Regulation 101: post-election audit discrepancy procedures (PDF), §§3–5

How is tested equipment protected through use and return?

We limit handling of ExpressVote XL equipment to authorized people, keep it locked, and use seals and custody records. Chain of custody means a record of who had an item as it moved between people and locations. The record shows who was responsible for it at each step. Our machine FAQ describes these safeguards.

The device number identifies the machine. Its preparation record lists its assigned district and required checks. The seal record lists the seal assigned to the item. Handling records show who had custody of it during the election.

State law makes the person with custody of a voting device responsible for its safety at all times. That includes delivery and storage before and after the election. We retain ballots and results records for audits and other review allowed by law. §5010(g); Delaware voting-material custody and retention: §4980

We keep returned paper absentee ballots in their envelopes in secure storage until processing. After scanning, election judges place the ballots in containers assigned to their election districts. They seal each container, and each judge signs it to confirm its contents and sealing. Each container holds ballots from only one district. §§5509 and 5510

What happens when a seal differs from the assigned seal?

Workers are trained to record when the assigned seal was not used. They must explain the reason on the certificate for that item. We retain that information for any follow-up about the item or its contents.

The recorded seal number and explanation let staff review the difference alongside the other handling records. Those records remain available after the item changes hands. Our machine FAQ describes the use of seals and custody records.

How is equipment outside the audit sample protected?

The same preparation, testing and custody duties apply to equipment outside the audit sample. We check the required software on each device going to an Election Day polling place or an early-voting site. We also enter sample votes and compare the paper and electronic test totals. Preparation records identify the device, district, working condition and seals. The duty to protect the device continues through delivery, storage and return. Department testing information; early voting and Election Day voting; §5010

The public drawing selects the devices, districts and contests for the post-election audits. We make those selections before the election to organize the audit work. The selection determines which paper votes audit teams will count and compare. All equipment remains subject to its software, testing, access and custody requirements. Department security information; §§5010 and 5014–5015

What do audit-sample percentages measure?

A sample percentage describes a share of a named group, such as machines, districts or ballots. Districts can have different numbers of voters and ballots. Knowing the share of districts selected does not tell us the share of ballots included.

The initial audit covers ballots from a selected device. District audits include the selected districts' early-voting, Election Day and absentee ballots. One district audit examines all offices; another examines one selected statewide office. To describe how much an audit covers, use the ballots and contests included in that audit. §5014; Delaware state and county election audit requirements: §5015

These measures answer separate questions:

Measure	What it describes
Share of devices or districts selected	The number selected compared with the number eligible for that drawing.
Share of ballots examined	The number of included ballots compared with all ballots in the group being measured.
Contests examined	The offices whose votes the audit team counts: all offices or one selected statewide office.

The audit rules define those selections. The equipment requirements apply to equipment outside the sample as well as inside it.

What governs a voting-system software change?

Our vendor, Election Systems & Software (ES&S), controls the software upgrade process. Its procedures include testing, required certification and controlled installation. State law requires the Commissioner to select the software version used on our voting devices. We check the installed version before sending a device to an Election Day polling place or an early-voting site. Department testing information; early voting and Election Day voting; §§5004 and 5010

The software process includes these steps:

Identify and test the release. A version number identifies the software submitted for review. A laboratory examines that software and the equipment. A documented process turns the software instructions and required packages into the program that the equipment runs.
Select the required version. The Commissioner must choose software that meets Delaware's conditions. It must be in active use in at least two other U.S. election jurisdictions and approved by the device manufacturer. A jurisdiction is an area served by an election authority. The software must also be certified by the EAC or by a voting-system laboratory accredited under federal law. Certification records that the software has met the testing requirements that apply to it.
Install and check the software. Installation follows the vendor's controlled process. Before election use, we check that the installed version matches the Commissioner's selection.
Test the election setup. Known test votes check the ballot choices and resulting totals. Access restrictions and custody records protect the equipment after testing.

The EVS 6.5.0.0 test report, §§3.1.1–3.1.2, documents one release's review and build. The designation requirements are in Delaware voting-device software requirements: §5004, and §5010 establishes election preparation.

These requirements apply to devices inside and outside the audit sample. Section 5004 also permits the Commissioner to change the required version at any time to address a material security flaw in the prior version.

Checking ballots, records, and results

Why retain several records, and how are they compared?

Different records show how equipment was prepared, how ballots were handled, and how votes were counted.

Record	What it supplies
Preparation and certification record	The device number, assigned district, working condition, seals and required certification.
Test results	Known test votes and the resulting counts used to check accuracy.
Custody and seal records	Handling history, assigned seals, and recorded differences.
ExpressVote XL paper ballots	Printed selections that audit teams can read and count by hand.
Paper absentee ballots	Voters' marked choices, which teams can read and count during a district audit that includes those ballots.
Results tapes and saved electronic results	Totals produced by voting equipment.
Summary and district reports	Collected totals organized by contest and district.

The preparation and audit records are addressed in Chapter 50. Our machine FAQ describes retained results and paper ballots. The EAC system description identifies reporting functions.

Ballot accounting, also called reconciliation, tracks ballots issued, cast, spoiled and unused. Under Delaware law, a spoiled ballot is one declared void by the voter or the Department after it was issued and before it was cast. Staff can compare the number of voters checked in with the number of ballots cast. They can also count votes for each candidate and compare them with the recorded vote totals. These are separate checks of voters, ballots and votes. EAC ballot reconciliation and early voting guide (PDF); Delaware election-law definitions: §101

One ballot may contain votes in many contests. A voter may leave a contest blank or choose fewer candidates than allowed. That is an undervote. A ballot count shows how many ballots were cast. A count of votes for each candidate shows how those voters voted in that race. A vote comparison must use the same contest and the same group of ballots. EAC English–Spanish glossary of election terminology (PDF)

Why does counting and certification take time after Election Day?

The formal review of election results is called the canvass. In a General Election, the Superior Court serves as the Board of Canvass in each county. We provide machine reports and certificates, absentee and write-in reports, and absentee, early-voting and provisional ballots. A provisional ballot is used when a person's eligibility to vote needs review. The Court totals the votes and certifies the results. Delaware Constitution, Article V: elections, §6; Delaware county canvass proceedings: §5701; EAC 2022 Election Administration and Voting Survey glossary (PDF), “Provisional ballot”

If documents disagree, the Court must examine the ballots needed to resolve the difference. It must recount the votes in the materials examined and correct the records. The same duties apply when a sworn complaint alleges fraud or mistake in a document, or when a document shows fraud, mistake or an omission. Delaware canvass examination and recount duties: §5702, subsection (b)

Primary results follow a separate process under §3172. That law requires prompt certification and sets rules for disputes, ties and recounts. The work needed to review results and resolve disputes must be completed under those rules. Delaware primary certification and disputes: §3172

Post-election audits also require complete ballot sets and time to review differences. In the December 2024 New Castle audit, staff retrieved and sorted additional ballots before teams could finish their comparisons. New Castle County 2024 General Election district audits, phases 2 and 3 (PDF)

What does a post-election audit establish?

We conduct post-election audits to confirm that the equipment counted votes as intended for the ballots and contests examined. Teams count the votes on selected paper ballots by hand. They compare those counts with the electronic totals for the same ballots. The audit report records the equipment, districts, contests and findings. A difference requires review and the follow-up required by the audit rules. §5014; audit-discrepancy rules

On an ExpressVote XL paper ballot, the team reads the printed candidate names and answers to ballot questions. On a paper absentee ballot, the team reads the marked choices. District audits include ballots cast on XL machines during early voting and on Election Day, along with the district's absentee ballots. Each audit phase specifies which contests the team must count. §§5014–5015; Regulation 101, definitions

Preparation records identify the equipment and its earlier tests. Custody records follow the handling of equipment and ballots. Voters can review their XL paper ballot before casting or their paper absentee ballot before returning it. Audit teams later use the retained paper ballots to check the vote totals. The EAC post-election tabulation audit guide (PDF) explains this use of paper records.

How do audits follow logic and accuracy testing?

Before the election, logic and accuracy testing checks how the prepared equipment records and counts known test votes. After the election, audit teams count votes on selected paper ballots that voters cast. They compare those counts with the recorded election totals. Testing checks the equipment before use; the audit checks its counting results after use. §§5010 and 5014

The ballots and reports must cover the same machines or districts and the same contests. In December 2024, New Castle staff located additional ballots needed for the audit. Once the teams counted the complete ballot sets, their totals matched the reported results. Published minutes

Software controls, security testing, access restrictions and custody procedures protect the equipment and records. The post-election audit checks the counting of votes on the selected ballots. Preparation requirements; equipment safeguards

Which equipment and districts are audited, and when?

For an election for state or county office, §5015 sets the audit requirements listed here. The public drawings select devices, districts and, where required, a statewide office. The audits also take place at public meetings.

Audit	Selection and scope	Time allowed after certification
Initial device audit	One device chosen at random in each county where the election occurred. One more device is chosen in Wilmington if the election included any part of the city.	Within 48 hours.
District audit of all offices	One district chosen at random in each county where the election occurred. One more district is chosen in Wilmington if the election included any part of the city. Each selected district's ballots are included, including early-voting and absentee ballots. Teams count votes for all offices.	Within 60 days.
Additional statewide-office audit	After an election for statewide office, one statewide office is chosen at random. Its votes are audited in one randomly chosen district in each county and one in Wilmington. The New Castle County district must be outside Wilmington.	Within 60 days.

The drawing for the all-office district audit excludes districts with a device chosen for the initial audit. The drawing for the statewide-office audit excludes districts used for either of those earlier selections. These rules spread the selections across different districts. §§5014–5015; Department audit procedure

Both time limits start when results are certified. The initial device audit is due first. The later district audits have more time, and the report has a separate deadline. The final date and time also follow the Delaware weekend and holiday deadline rule: §102.

Are early-voting and absentee ballots included in district audits?

Yes. District audits include all ballots cast in each selected district, including early-voting and absentee ballots. The audit phase determines which votes the teams count. The all-office audit counts votes for every office. The additional statewide-office audit counts votes for the one statewide office selected. §§5014–5015

The initial device audit examines the selected device's ballots. The later district audits bring together ballots cast on ExpressVote XL machines during early voting and on Election Day, plus absentee ballots. The initial device audit report describes one part of the required work. The district and statewide-office reports on our audit page describe the later comparisons.

The December 2024 New Castle minutes show how staff gathered early-voting and absentee ballots for selected districts. They also record the teams' comparisons of the paper votes with the electronic results.

What happens when audit totals and certified totals differ?

We review count differences using the ballots and election records. Delaware Regulation 101 requires further steps when a difference exceeds one-half of one percent (0.5%) of the certified vote totals. This is the rule's threshold: the point that requires the additional steps listed below. Published audit records also document review of differences while staff assemble complete ballot sets.

A different team repeats the audit. The new team counts the votes on the paper ballots by hand.
If the difference still exceeds 0.5%, the new team reviews and keeps the records. These include the original testing and certification records and all other records for the affected voting system.
If the difference still exceeds 0.5%, further testing and another audit are required. The affected equipment must undergo a manual logic and accuracy test. Staff who did not conduct the first test must examine the new results. We must also audit another randomly selected device or devices used in the same election to check for similar differences.
If the difference remains unresolved after those steps, we seek further testing and analysis. The rule requires help from the voting-system vendor and the federal authorities that certify voting equipment. Those authorities may involve independent testing laboratories that they authorize.
Corrections found through that work must be certified before use. The federal voting-equipment authorities must certify the corrections. We must make the corrections as soon as practical on all voting devices we maintain. Corrected devices and the equipment and software used to prepare them must receive a complete logic and accuracy test. The test must show no vote-counting difference before the devices can be used in another election.

These steps follow Regulation 101, §§4–6. The December 2024 New Castle minutes provide an example of staff finding missing audit materials and completing the ballot comparisons.

Where are audit findings published, and who receives them?

We must complete an audit report within 60 days after the audit. We must post it on our website and send it to three recipients: the Director of the Division of Legislative Services, the Librarian of that division, and Delaware Public Archives. For school-district or municipal elections, we must also send it to the chief officer of the district, city or town. §5014(e)

Our post-election audit page provides the published reports. Federal help with testing and corrections is a separate duty. It applies when a count difference remains unresolved after the steps required by Regulation 101.

Audit preparation, custody, and the election calendar

Who controls the materials during the General Election canvass?

After Election Day voting ends at a polling place, election officers secure the voting devices and complete the required records. They return the ballot containers and the storage devices that hold electronic results, also called results media. Delaware post-poll closing and return requirements: §4975

Section 4980 sets these custody rules:

Voting materials must enter secure storage provided by the Department immediately after the election, within the two days that follow.
During the canvass, the Prothonotary has custody. The Prothonotary is the Superior Court's clerk. An order from the Board of Canvass or another court with legal authority is required to examine the materials.
After the canvass, the Prothonotary returns custody to us. Voted paper ballots and records taken from results media must stay locked and undisturbed for 22 months after Election Day. The law allows access for the required audits and other review it authorizes. §4980

Materials can remain in a Department building while under court control. Delaware Department of Justice Opinion 21-IB30 records that arrangement for the 2020 election. Court custody governed access even though materials were stored in Department warehouses. Delaware DOJ Opinion 21-IB30: election-record custody, November 17, 2021

Staff must follow the court's access rules when preparing materials for work during the General Election canvass. Primary certification follows its separate legal process. Delaware canvass law: Title 15, Chapter 57, §§5701–5702; §3172

What must staff prepare for an audit?

Teams need all ballots and results reports required for the selected devices, districts and contests. In December 2024, New Castle staff scanned ballots from all early-voting sites to find the ballots for four selected districts. Sussex staff also scanned and sorted early-voting ballots before audit teams counted the votes. New Castle minutes; Sussex County 2024 General Election district audit, phase 2 (PDF)

Work	What the audit needs
Identify the sample	Selected devices, districts, and contests.
Obtain materials	Access allowed under the custody rules, followed by collection and delivery of the required ballots and reports.
Gather the ballot set	All required ballots for the selected devices or districts, including the voting methods covered by that audit.
Gather the results reports	Reports for the same devices, districts and contests as the ballots being counted.
Count and compare	Votes read from selected XL paper ballots or marked absentee ballots, counted by hand and compared with the matching electronic totals.
Review differences	A check of the count, ballots and reports, followed by any further steps the audit rules require.
Keep the completed records	The audit findings and records of who handled the materials.

Advance selection tells us which materials to gather and helps us plan staffing. We obtain and prepare the materials as access becomes available under the custody rules. The completed audit comparison needs the full selected ballot set and matching reports.

Finding every ballot for a selected district may require sorting through a much larger collection. The New Castle example shows why the number of ballots handled can exceed the number included in the audit count.

What preparation does advance selection support?

We use the selections to plan staff assignments, gather the required ballots and reports, and arrange the counting work. After voting, staff obtain materials under the custody rules. They locate the selected ballots, check that the set is complete, and gather the matching results.

The December 2024 New Castle report records a drawing held on October 23, 2024. During the December audit, staff scanned and sorted ballots and gathered reports for the selected districts. Those steps supplied the complete ballot sets and reports needed to finish the comparisons. New Castle minutes

District audits must include the early-voting, Election Day and absentee ballots required for each selected district. Staff need to gather each group and the reports used to compare its votes. District audit scope

How can primary certification overlap with General Election ballot deadlines?

Primary certification establishes which candidates won their party's nomination for the General Election ballot. In the 2026 calendar, the September 15 Primary falls 49 days before the November 3 General Election. Primary review and General Election ballot preparation take place close together. Delaware 2026 election calendar (PDF); §§3172–3173

Date in the 2026 example	Event	Timing detail
September 15	Primary Election; polls close at 8 p.m.	Published schedule.
September 17, by 8 p.m.	Deadline for the State Board of Elections to meet to examine primary disputes. Objections are due.	Published schedule under §3172(b).
September 18	County offices are scheduled to certify primary results.	The calendar lists a date but no hour.
September 19	Federal deadline to send General Election ballots for valid military and overseas requests received by that date.	This is 45 days before the General Election. Federal law allows an approved hardship waiver.
November 3	General Election.	Published schedule.
November 5, 10 a.m.	Superior Court meets in each county for the General Election canvass.	The calendar lists the opening time.

The calendar supplies the election and certification dates. The U.S. DOJ explanation of military and overseas voting law describes the federal ballot deadline.

The Uniformed and Overseas Citizens Absentee Voting Act, called UOCAVA, covers eligible military and overseas voters. For federal elections, it requires states to send ballots at least 45 days before Election Day when a valid request arrives by that deadline. A state may seek a federal hardship waiver under the law. For the 2026 General Election, the 45-day date is September 19. That is one calendar day after scheduled primary certification.

The initial device-audit period starts when results are certified and runs for 48 hours. Section 102 moves a Title 15 deadline that falls on a weekend or holiday to the next official business day at 4:30 p.m. It makes an exception for deadlines specifically set on those days. The audit deadline follows both rules and the actual time of certification. §5015; §102

In this example, staff must support primary review and certification while preparing General Election ballots for military and overseas voters. Audit preparation is part of the work in that same period.

Delaware also sets a state absentee-mailing rule. For voters who request and qualify for a ballot, §5504(b) requires mailing from 60 to four days before the election. Mailing must occur within three days after ballots, envelopes and instructions become available. Section 5504(d) also permits issuing ballots to eligible voters who request them less than four days before the election. Delaware absentee ballot delivery requirements: §5504

Why do we hold the drawing before the election and conduct the audit afterward?

We hold the audit drawings at public meetings before each election to organize the work. The drawings identify the devices, districts and contests whose ballots and results we will need. After voting and certification, audit teams count votes on the selected paper ballots and compare them with the recorded totals. Department security information; §§5014–5015

Staff must gather and sort the selected ballots, check that the sets are complete, and obtain matching reports. We must also allow time to review count differences. The county audit records document that work for early-voting, Election Day and absentee ballots.

At the same time, county staff receive returned equipment and records, support certification, and prepare for the next election. General Election materials also follow the court-custody rules. Knowing the selections in advance helps us assign staff and arrange access to materials within those duties and deadlines. Delaware post-election procedures: Title 15, Chapter 49, Subchapter III; canvass duties; audit requirements

Both the drawing and the audit are public meetings. Regular meetings generally require at least seven days' notice. Notices tell the public when and where to attend. Audit planning must also allow time to prepare the required ballots and reports. Delaware public-meeting notice requirements: §10004, subsection (e)

What requirements govern the audit schedule?

State law requires random selections and audits at public meetings. It sets deadlines for the audits after certification. Our published procedure places the drawing before each election so we can plan for the selected devices, districts and contests. Department security information; 15 Del. C. §§5014–5015

The initial device audit has a 48-hour period after certification. The district audits have 60 days. The actual certification time and the weekend and holiday rule determine the deadline. For the General Election, access to materials must also follow §4980's custody rules.

How much time does the audit work involve beyond the drawing?

The November 16, 2022, New Castle minutes record public participation in the audit drawing during the meeting. The meeting ran from 10 a.m. to 7:10 p.m., a span of 9 hours, 10 minutes. New Castle County 2022 General Election audits, phases 1–3 (PDF)

The September 16, 2024, New Castle primary-audit minutes also describe random selection as part of the meeting account. Teams counted votes on the listed machines' paper ballots by hand. Their totals matched the machines' results tapes. The meeting ran from 10:02 a.m. to 1:50 p.m., or 3 hours, 48 minutes. New Castle County 2024 Primary Election audits, phases 1–3 (PDF)

These times cover the meetings, including any breaks. They do not measure work done before the meetings. A drawing identifies what will be audited. Gathering ballots and reports, sorting, counting votes and reviewing differences require further work. The published audit reports describe those tasks.

What is the election Task Force's role?

Executive Order 19 established the Delaware Task Force on Free, Fair, and Secure Elections in April 2026. It directs the Task Force to assess election security and preparedness and make recommendations to the Governor. Its role is advisory; election officials retain their authority under Delaware law. Delaware Executive Order 19: election security Task Force, §§1–2 and 7

Executive Order 19 requires the Task Force to send three written reports to the Governor. The first must arrive early enough for recommended action before early voting for the statewide primary. The Task Force decides how much time is needed. The second report is due within 30 days after the primary ends. The third is due within 90 days after the General Election. The order also calls for recommendations between reports when needed. Executive Order 19, §5

Where can the public review election-security recommendations and findings?

Our post-election audit page provides the audit reports and findings. The Delaware Public Meeting Calendar: all agencies provides meeting notices and available meeting documents. Executive Order 19 establishes the Task Force's advisory duties and required reports to the Governor.

Audit reports identify the ballots and contests examined and give the count results. Meeting minutes record the work done at a meeting. Task Force reports provide its findings and recommendations to the Governor. The record's title, date and author identify which body produced it and which work it covers.

Understanding the time needed for an audit

Why does preparing the ballots take time?

Staff gather ballots for the selected devices or districts so audit teams can count the votes. Finding those ballots may require sorting through a much larger group. During the December 2024 New Castle audit, staff scanned early-voting ballots from all sites to find the ballots for the selected districts. New Castle minutes

Staff check that all required ballots are present and that the reports cover the same ballots and contests. Audit teams read the votes and compare their counts with the recorded totals. The work includes gathering, sorting, counting and review, each of which takes time.

Does the 48-hour audit period mean 48 hours of counting?

The initial device-audit period begins when results are certified. Any preparation still needed takes place within that period, along with counting and review. Some tasks can happen at the same time. Others must wait until staff have the required ballots and records. Audit timing requirements

As a time example, suppose 12 hours pass before the materials and staff are ready. There would be 36 hours left in a 48-hour period for the remaining preparation, counting and review. These times illustrate the calculation; they are not a record of a Delaware delay.

The actual deadline also follows Delaware's weekend and holiday rule. A deadline falling on a weekend or holiday moves to the next official business day at 4:30 p.m. The rule makes an exception for deadlines specifically set on those days. We must complete the audit report within 60 days after the audit. Weekend and holiday rule; audit-report deadline

How does work in three counties affect the time needed?

The three counties share information technology (IT) staff, vendor staff and other resources. We coordinate their schedules so that shared support is available when needed. Some county work can happen at the same time. Tasks that need the same people or resources must be scheduled around their availability.

The total work also depends on how many people take part. A meeting lasting four hours may involve several people working during those same four hours. Its length alone does not show the time worked by every person.

Audit planning accounts for shared resources, access to materials and tasks that must finish before others can begin. The county audit reports record meeting times and completed work. Those meeting times cover only part of the staff work needed to prepare and conduct an audit.

What the published audit records show

How long did the initial 2024 General Election audits take?

The county minutes record these opening and closing times:

County	Date	Opening	Closing	Meeting span
New Castle	November 12, 2024	9:00 a.m.	1:18 p.m.	4 hours, 18 minutes
Kent	November 12, 2024	10:03 a.m.	11:40 a.m.	1 hour, 37 minutes
Sussex	November 12, 2024	2:00 p.m.	2:43 p.m.	43 minutes

Each county's minutes report that its audit counts matched the results being checked. Adding the three meeting lengths gives 398 minutes, or 6 hours, 38 minutes. Some meetings overlapped. Each meeting length includes any breaks and excludes work done before or after it. To measure staff time, we would need the hours worked by each person. New Castle County 2024 General Election initial device audit, phase 1 (PDF); Kent County 2024 General Election initial device audit, phase 1 (PDF); Sussex County 2024 General Election initial device audit, phase 1 (PDF)

Kent's minutes describe two checks: counting the ballot cards and counting the votes for each choice. They report a ballot count of 237 for machine KC0156. They also record a total of 237 when votes and undervotes were counted together. An undervote occurs when a voter leaves a contest blank or makes fewer choices than allowed. The minutes describe comparing the ballot count with the cards present and comparing the votes for each choice with the machine's results tape. Kent minutes

How much work did the later district audits involve?

The later district audits examined ballots from Election Day, early voting and absentee voting. Their meeting times describe those audits. The initial device audits had their own ballot sets and deadlines.

New Castle's minutes list three sessions:

Session	Opening	Recess or closing	Span
December 4, 2024	9:00 a.m.	5:45 p.m.	8 hours, 45 minutes
December 5, 2024	9:00 a.m.	9:45 p.m.	12 hours, 45 minutes
December 6, 2024	8:00 a.m.	1:20 p.m.	5 hours, 20 minutes
Sum of session spans			26 hours, 50 minutes

The three sessions add up to 26 hours, 50 minutes, including any breaks during those sessions. The full period from the first opening to the last closing was 52 hours, 20 minutes. That longer period includes the overnight recesses. New Castle minutes, pages 1–2

Kent's minutes describe three teams and give start and stop times for these sessions:

Session	Opening	Recess	Span
December 3, 2024	9:00 a.m.	3:55 p.m.	6 hours, 55 minutes
December 4, 2024	9:12 a.m.	4:11 p.m.	6 hours, 59 minutes
December 5, 2024	9:11 a.m.	4:05 p.m.	6 hours, 54 minutes
Sum of these sessions			20 hours, 48 minutes

The three listed sessions total 20 hours, 48 minutes. The minutes also list completion on December 6 at 12:05 p.m. and adjournment on December 10 at 3:35 p.m. They do not give all the start and stop times needed to add the remaining work. Kent County 2024 General Election district audits, phases 2 and 3 (PDF)

Sussex's district audit opened December 17 at 10 a.m. and closed on December 18 at 10:43 a.m. The full 24 hours, 43 minutes includes overnight time. The minutes do not list a separate overnight stop and restart. Three pairs counted votes on the Election Day machines' paper ballots. Four teams counted early-voting votes after the ballots were sorted. The minutes report matching machine totals and the expected absentee and early-voting results. Sussex district minutes

A separate Sussex statewide-office audit ran on December 18 from 10:45 a.m. to 12:17 p.m., or 1 hour, 32 minutes. The minutes list eight machines and four pairs of counters. They identify the Insurance Commissioner race in the absentee-ballot portion. They also describe using a DS450 scanner to sort early-voting ballots before counting the votes. Sussex County 2024 General Election statewide-office audit, phase 3 (PDF)

What happened when the New Castle audit found differences?

The later New Castle audit covered four districts selected on October 23, 2024. The minutes list these machines for the four districts:

Phase in the minutes	District	Listed machines
Phase 2: all offices	15-11	8
Phase 2: all offices	03-14	3
Phase 3: statewide office	21-07	5
Phase 3: statewide office	02-01	3
Total	Four districts	19

The district labels pair a representative district with an election district. For example, 15-11 means Representative District 15, Election District 11. On December 4, staff used a DS450 scanner to separate the four districts' ballots from ballots cast at all early-voting sites. They also gathered the districts' absentee ballots and reports for both voting methods. New Castle minutes, page 1

On December 5, audit teams counted votes on the Election Day machines' paper ballots by hand. Their totals matched each machine's results tape. The early-voting counts differed from the reports in districts 15-11, 21-07 and 02-01. District 03-14 matched. Staff also found that some absentee ballots had not reached the audit location. After staff retrieved them, the completed absentee counts matched the DS450 reports.

On December 6, staff scanned and sorted more early-voting ballots and found the remaining ballots for the three districts. The teams counted those votes by hand, and the completed totals matched the DS450 reports. The minutes record the differences, the work to find the remaining ballots, and the final matching counts. New Castle minutes, page 2

Software certification, laboratory tests, and security guidance

What does federal certification cover?

The EAC certified ES&S EVS 6.5.0.0 on July 24, 2024. That is a named release of the vendor's voting system. Pro V&V tested it against version 1.0 of the Voluntary Voting System Guidelines, the federal testing requirements used for that release. The certificate lists the equipment and software it covers. EAC certification record for EVS 6.5.0.0

The tested combination of equipment and software is called a configuration. The certificate and test report identify the configurations covered by the federal review. Delaware's Commissioner selects the software for our devices under state law. Our checks confirm the version on each device going to an Election Day polling place or an early-voting site. The certificate alone does not identify which optional equipment or features a state uses. Certificate and scope; Department testing information; early voting and Election Day voting; §§5004 and 5010

Laboratory testing examines the submitted system release. Our tests before each election check the ballot setup on equipment prepared for that election.

What did the laboratory examine in the source code and software build?

Source code is the written set of instructions used to build software. Pro V&V used automated checks and human review to examine code changes from EVS 6.4.0.0, the previously certified version. It also reviewed 10% of the comments in the source code by hand. Comments are notes that explain the code. The 10% figure measures that comment review. Test report, §3.1.1

The laboratory compared the submitted code with the guidelines and the manufacturer's coding standards. It also used a documented process called a trusted build. That process checked the submitted code, commercial software and other software packages, and combined them into a program the computer could run. The build record documents how that program was made.

The laboratory also recorded the equipment names, models, serial numbers and document versions. It reviewed software release records and checked that changes made during testing were recorded. Those records identify the system covered by the findings. Test report, §§3.1.1–3.1.2

What did the accuracy and capacity tests measure?

Accuracy tests used known votes so the laboratory could compare the expected and actual totals. The ExpressVote XL processed 2,166,528 voting positions in that test. A voting position is a place for a choice on a ballot. Each position can be selected or left blank. One ballot can have many positions, so the figure measures ballot positions tested, rather than separate ballots. Electionware collected the accuracy-test results, which matched the expected totals. Test report, §3.1.3.2

Volume and stress tests checked how the system handled large amounts of data. The device used for those tests was ExpressVote Hardware 3.0, a different model from ExpressVote XL. Testers used four election definitions. They tested the stated limits for ballot styles, contests, candidates and voting positions. A ballot style is the set of contests and choices shown to a particular group of voters. The report states that the system met the volume and stress requirements. Test report, §3.1.3.3

How were combined operation and security controls tested?

System integration testing checks how the equipment and software work together. The laboratory used two general-election definitions and three primary-election definitions. They included different ballot styles, parties, languages and voting features. The tests checked the system's combined operation. The report states that the results matched the expected results. Test report, §3.1.3.4

Security testing checked access controls and security settings. Testers checked that the required settings and physical safeguards were in place. They used scans to look for weaknesses and tests that tried to get around the controls. The report describes these as vulnerability scans and physical bypass attempts. Those tests examined the controls under the laboratory's test conditions. Test report, §3.1.3.5

Before each election, we must also check the required software version and test the prepared ballot setup on our equipment. §5010

How does NIST guidance relate to the safeguards?

The National Institute of Standards and Technology (NIST) publishes the Election Infrastructure Profile. Its January 2024 edition uses version 1.1 of NIST's Cybersecurity Framework, a guide for managing security risks. The profile applies that guidance to election work, including voting, counting and certification.

The table compares the purposes of NIST's guidance with safeguards described in Delaware law and our procedures. The reference codes identify each item in NIST's profile.

NIST reference	Purpose	Related election practice
PR.AC-2: physical access	Control access to equipment and buildings.	Limit handling to authorized people and protect equipment in their custody.
PR.AC-4: access and assigned duties	Limit access to what a person's job needs. Separate duties that require independent checks.	Assign people to certify preparation and use different teams when the audit rules require further review.
PR.AT-1 and PR.AT-2: training	Train staff and make their duties understood.	Train workers to handle equipment and record seal differences.
PR.IP-3: system changes	Follow a defined process for changes.	Control software upgrades, select the required version, and test the election setup.
PR.PT-1: records	Keep and review records required by policy.	Retain preparation, custody and results records for review.
DE.CM-2 and DE.CM-3: monitoring	Watch facilities and staff activity for possible security problems.	Use physical oversight and handling records to review activity involving equipment.

The NIST Election Infrastructure Profile, VTS 200-1 (PDF), Tables 20, 21, 23, 25 and 27, provides the guidance. Delaware preparation requirements, our equipment safeguards, and the audit follow-up rules describe the related state requirements and practices.