§ RULE 109. BOARD OF CANVASS PROCEEDINGS

Codes > Delaware Superior Court Rules of Civil Procedure > XIII. Miscellaneous > RULE 109.

RULE 109. BOARD OF CANVASS PROCEEDINGS

A complaint asking that the Board of Canvass exercise its powers under 15 Del.C. § 5702 shall be in a writing under oath filed not later than 12:00 noon on the day on which the Board convenes, unless prior thereto the Board shall extend said time, and shall state the following:

(1) The name of the candidate on whose behalf the complaint is filed.

(2) The office sought by such candidate.

(3) The election district or districts involved.

(4) The specific facts upon which the complaint is based, including:

(a) The fraud or mistake stated with particularity.

(b) The number of votes affected by such fraud or mistake.

(c) Whether or not the number of votes affected by such fraud or mistake affects the result of the election. If fraud or mistake in other election districts is likewise relied upon to affect the result of the election, the names of such districts shall be stated.

(5) Whether the facts are averred upon the deponent's personal knowledge or upon information and belief; and if the facts are averred on information and belief, the name, address and official connection, if any, with the election of all persons known to the one signing the affidavit to have personal knowledge of the specific facts constituting the averred fraud or mistake.

A complaint may be withdrawn only with the permission of the Board.