The First Step: County-Level Verification
The journey from a cast ballot to a certified result begins immediately after the polls close on Election Day. Each of Delaware's three counties—New Castle, Kent, and Sussex—has a Department of Elections office responsible for the initial collection and tabulation of votes. These offices manage the logistics of the election, from registering voters to running the polling places. On election night, they post the unofficial results as they come in from precincts. This initial tally includes votes cast on Election Day, during the early voting period, and absentee ballots that have been received. While these numbers give a strong indication of the outcome, they are not the final word. The process is designed for accuracy, not just speed, and the official certification
steps come next.
A Unique Certifier: The Superior Court as Board of Canvass
Here is where Delaware’s process becomes distinct from many other states. Instead of a board of elections or a secretary of state having the primary role in certifying county-level results, Delaware law gives this duty to its judiciary. The Superior Court in each county acts as that county's official "Board of Canvass". This is a long-standing and significant duty of the court system. Two days after the general election, at 10 a.m., the court convenes in each county to perform this constitutional duty. The board consists of specific judges: in New Castle County, it's the President Judge and the Resident Judge, while in Kent and Sussex counties, it's the Resident Judge and another judge designated by the President Judge.
The Canvassing Process: A Public Review
The Board of Canvass's job is to “publicly ascertain the state of the election.” To do this, the Department of Elections provides the court with all the materials from each election district, including reports from voting machines, absentee vote reports, and the ballots themselves. The court, with its own officers and assistants, then tabulates the votes. This process is a manual review designed to serve as an independent check on the electronic tallies, providing transparency and accountability. If there are discrepancies between documents or a complaint of fraud or mistake is filed under oath, the court has the power to investigate. Once the review is complete, the court publicly certifies the results for every office on the ballot within that county.
The Final State Certification: The Governor's Role
After each county's Superior Court has certified its results, the certificates are prepared and sealed. For federal offices like the U.S. House of Representatives and the Senate, these certificates are delivered to the Governor. The Governor's role is the final step in the state-level certification. Upon receiving the certificates from all three counties, the Governor must "without delay" examine the returns, add up the totals, and officially declare the winner for each congressional office. Following this declaration, the Governor issues a formal Certificate of Election, signed by hand. This certificate is the official document that proclaims who has won the election and is sent to the U.S. Congress as the state's definitive result.
The Timeline: A Swift and Defined Schedule
Delaware law sets a brisk pace for this entire process. The key event is the convening of the Superior Court as the Board of Canvass, which is mandated to happen at 10 a.m. on the second day after the election. For a typical Tuesday election, this means the court meets on Thursday. The canvassing process itself is generally swift. Once the courts in all three counties have completed their work and delivered the certificates, the Governor's final proclamation and certification happens "without delay." There is no long waiting period prescribed in the law; the emphasis is on a prompt, but thorough, finalization of the people's vote. This efficient schedule ensures that winners are declared and the state is ready to send its certified results to Congress in a timely manner.
