Delaware Code
Chapter 56A. Voting by mail ballot [For application of this chapter, see 83 Del. Laws, c. 353, § 6]
§ 5620A. Logic and accuracy testing of mail ballot tabulating equipment; authority of the State Election Commissioner [For application of this chapter, see 83 Del. Laws, c. 353, § 6].

(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules relating to logic and accuracy testing of mail ballot tabulating machines.
(b) Rules promulgated under this section must ensure all of the following:

(1) All machines are thoroughly tested immediately following maintenance and programming to determine all of the following:

a. The voting system is properly programmed.
b. The election is correctly defined on the voting system.
c. All of the voting system input, output, and communication devices are working properly.
(2) Any machine deemed unsatisfactory is recoded, repaired, or replaced and must be retested.
(3) Machines are publicly tested before use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election.
(4) Public notice of public tests is given at least 7 days before the tests being conducted.
(5) The resetting and sealing of each publicly-tested machine is witnessed by the election officials, representatives of the political parties, and any candidates or candidate representatives who is in attendance.
(6) Each publicly-tested machine is secured following the test in a state of readiness until the day of the election.
(7) Records are kept of all pre-election testing of each mail ballot tabulating machine which shall be present and available for inspection and reference during public pre-election testing of that machine by any person in attendance during the testing.

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