§ 5101. | § 5102. | § 5103. | § 5104. | § 5105.
§ 5101. Jurisdiction of Court.
The Superior Court shall have exclusive, original jurisdiction of offenses under this title and no prosecution for the violation of any section of this title shall be brought in any other court. (15 Del. C. 1953, § 5101.)
§ 5102. Prosecution by Attorney General; duty to report violations.
(a) The Attorney General shall immediately prosecute to final judgment all complaints which may be made of a violation of this title.
(b) Each department of election and all election officers shall notify the Attorney General of all violations of this title. (19 Del. Laws, c. 39, § 53; Code 1915, § 1810; Code 1935, § 1899; 45 Del. Laws, c. 144, § 9; 45 Del. Laws, c. 148, § 9; 45 Del. Laws, c. 149, § 9; 15 Del. C. 1953, § 5102; 49 Del. Laws, c. 4, § 5.)
§ 5103. Irregularities or defects in election as a defense.
Irregularities or defects in the mode of noticing, canvassing, polling or conducting any election shall not be a defense to a prosecution for any violation of this title. (19 Del. Laws, c. 39, § 51; Code 1915, § 1809; Code 1935, § 1898; 15 Del. C. 1953, § 5103.)
§ 5104. Honest belief as a defense.
Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any fact tending to show that the accused honestly believed upon good reason that the vote complained of was a lawful one. (19 Del. Laws, c. 39, § 52; Code 1915, § 1809; Code 1935, § 1898; 15 Del. C. 1953, § 5104; 70 Del. Laws, c. 186, § 1.)
§ 5105. Application to school elections.
The provisions of this chapter shall additionally be applicable to any local school elections held under Title 14. (67 Del. Laws, c. 243, § 10.)
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