(a) Whoever, being an election officer having the custody of any registration records, or copy thereof, oath, return of votes, certificate, poll list or any paper, document, or evidence of any description, in this title directed to be made, filed or preserved:
(1) Steals, wilfully destroys, mutilates, defaces, falsifies, or fraudulently removes or secretes the whole or any part thereof; or
(2) Fraudulently makes any entry, erasure, or alteration therein, except as allowed and directed by this title; or
(3) Permits any other person to do so,
shall be deemed to have knowingly and wilfully violated that election officer's own official duty.
(b) Whoever, not being an election officer and having such custody, does or commits any of the acts, matters or things mentioned in subsection (a) of this section, or whoever, not being an election officer, advises, procures or abets the commission of any of the acts mentioned in this section shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
Structure Delaware Code
Subchapter II. Particular Offenses
§ 5111. Neglect of duty by department member; corrupt or fraudulent conduct; penalty.
§ 5112. Refusal of inspector or judge of election to serve; penalty.
§ 5113. Refusal of clerk of election to qualify or serve; penalty.
§ 5114. Improper conduct of printer of ballots and ballot envelopes; penalty.
§ 5115. Improper use of ballot or envelope; penalty.
§ 5116. Tampering with voting machines; penalties.
§ 5117. Unauthorized entering of voting room; penalties.
§ 5118. Interference with election; penalties.
§ 5119. Feigning a physical disability to obtain assistance in voting; penalty.
§ 5120. Secreting person in election room; penalty.
§ 5121. Removal or destruction of election supplies or equipment or voting machines; penalty.
§ 5122. Disclosures by election officers; penalty.
§ 5123. Intimidation, persuasion or bribery by election officer; penalty.
§ 5124. Inducing the making of distinguishing mark on ballot; penalty.
§ 5125. Inducing election officers to violate election laws; penalty.
§ 5126. Violations by officials; penalty.
§ 5127. Bribery of person expecting to be election or registration officer; penalty.
§ 5128. Fraudulent voting; penalty.
§ 5129. False entries by clerk of election.
§ 5130. Failure of election officer to perform duties.
§ 5131. False count or certification by election officer.
§ 5133. Wilful neglect of duty by election officers.
§ 5134. Stealing, destroying or secreting records; penalty.
§ 5135. Perjury; subornation of perjury.
§ 5136. Tampering with ballots or deceiving voters; penalty.
§ 5137. Disobeying election officers; penalty.
§ 5138. Breach of peace or violence on election day; penalty.
§ 5139. Interference with election officer or challenger; penalty.
§ 5140. Failure of inspector to preserve order.
§ 5141. Stealing or destroying ballot box, ballot, poll list; penalty.
§ 5142. Requiring unauthorized oath; penalty.
§ 5143. Candidate for General Assembly not to make written pledge; penalty.
§ 5144. Unauthorized release of absentee vote information; penalty.