AN ACT TO AMEND TITLE 14 AND TITLE 15 OF THE DELAWARE CODE RELATING TO RECOUNTS OF BALLOTS IN ELECTIONS.

This Act establishes a uniform threshold and procedure for a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, the City of Wilmington, or school district elections. Under this Act, a recount will be conducted if the difference in the number of votes is 1% or less. This Act makes the following changes to current law: • Eliminates the need for a candidate to request a recount after a general election for statewide office, State Senator, State Representative, county office, or office in the City of Wilmington. • Eliminates the need for 25 voters to petition for a recount in school district elections. • Establishes a clear threshold for a recount equal to a difference of 1% or less of the votes cast. Changing the recount threshold to 1% or less will likely be a substantive change to existing law only for statewide elections and county-wide offices in New Castle County. Current law allows a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, or office in the City of Wilmington if the number of votes separating 2 candidates is less than 1,000 votes or ½ of 1% of all of the votes cast for the 2 candidates, whichever is less. • Based on the number of votes cast in the most recent elections, ½ of 1% and 1% of the votes cast will almost always be under 1,000 for State Senator, State Representative, county office, or office in the City of Wilmington. • For statewide offices or county-wide offices in New Castle County, ½ of 1% will almost always be more than 1,000 votes so changing the threshold to 1% or less will allow for recounts after more elections for these offices. Similarly, under existing law, a recount may be requested in a school district election if the difference in the election of a school board member or in the outcome of an election regarding taxes, standard school construction, or bonds is less than 10 votes o