Polling places; designation and preparation. — Delaware Code § 4512

§ 4512. Polling places; designation and preparation.

(a) The Department shall designate and procure for each election district in its county a polling place.

(b) The Department shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places at least 350 square feet in size or apartment buildings or complexes consisting of 50 or more units or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the State Board of Elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the Department designate a private residence as a polling place. If the Department is uncertain of the accessibility of a proposed or existing polling place, or receives written notice of a deficiency from the State Council for Persons with Disabilities or a registered voter, it shall request a site assessment from the Architectural Accessibility Board and defer to the findings of the Board. The Department shall not issue more than 5 such requests on an annual basis without the consent of the Board.

(c) The same public building may be designated as housing the polling place for 1, 2, or 3 election districts, in the discretion of the Department, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access and, if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other.

(e) Whenever the Department has designated as polling places facilities owned or leased by:

(1) Agencies or subdivisions of this State; or

(2) Recipients of state funding in excess of $10,000 in the 2 years preceding such designation,

it shall be the duty of the officials of such agencies or subdivisions or said recipients of state funding to make these facilities available and to provide a suitable and acceptable location, heat, lighting and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision or said recipient of state funding.

(f) The Department shall publish in a newspaper of general circulation, either as an advertisement or as a separate insert, a listing of all polling places by district, at least once during the week preceding the election.

(g) The Department may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State contracting with said entity for the purposes of using its facility as a polling place to conduct elections. Furthermore, the State shall purchase insurance against claims of damage to protect against such claims and indemnify the U.S. Government.

19 Del. Laws, c. 39, §  3;  19 Del. Laws, c. 37, §  1;  21 Del. Laws, c. 38, §  2;  27 Del. Laws, c. 65, §  1;  Code 1915, §§  1672, 1738;  37 Del. Laws, c. 125;  Code 1935, §§  1759, 1827;  42 Del. Laws, c. 115, §  10;  42 Del. Laws, c. 116, §  1;  43 Del. Laws, c. 124, §  1;  44 Del. Laws, c. 112, §  1;  44 Del. Laws, c. 122, §  1;  45 Del. Laws, c. 148, §  25;  45 Del. Laws, c. 149, §  25;  15 Del. C. 1953, §  4518;  57 Del. Laws, c. 181, §  47;  57 Del. Laws, c. 567, §  39A;  58 Del. Laws, c. 148, §§  55-58;  58 Del. Laws, c. 215, §  21;  58 Del. Laws, c. 398, §  2;  61 Del. Laws, c. 480, §  13;  63 Del. Laws, c. 26, §  1;  73 Del. Laws, c. 306, §  1;  77 Del. Laws, c. 227, §  56;  77 Del. Laws, c. 446, §  1;  78 Del. Laws, c. 297, §  1;  79 Del. Laws, c. 275, §  69;