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:
Rule 109.Board of Canvass proceedings
Part XIII: Miscellaneous Provisions · Last amended August 1, 2000 · Last verified July 28, 2026
In one sentenceRule 109 requires a complaint asking the Board of Canvass to exercise its powers under 15 Del. C. section 5702 to be a sworn writing filed by noon on the day the Board convenes, naming the candidate, the office, the districts, and the alleged fraud or mistake.
Full Text of Rule 109
(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 A complaint may be withdrawn only with the permission of the Board.
Amendment History
Added effective April 1, 1963; amended July 28, 2000, effective Aug. 1, 2000.
Plain-English Summary
A complaint under Rule 109 has to be filed under oath, and the clock runs fast: it's due no later than noon on the day the Board of Canvass convenes, unless the Board extends that deadline before it arrives. The complaint has to name the candidate on whose behalf it's filed, the office that candidate sought, and the election district or districts involved.
Beyond that identifying information, Rule 109 requires specific facts: the fraud or mistake stated with particularity, the number of votes it affected, and whether that number would change the election's result. If fraud or mistake in other districts is also relied on to affect the result, those districts have to be named as well.
The complaint also has to say whether its facts rest on the deponent's personal knowledge or on information and belief. If it's the latter, the complaint must give the name, address, and official connection to the election, if any, of everyone known to have personal knowledge of the specific facts behind the alleged fraud or mistake. Once filed, a complaint can be withdrawn only with the Board's permission.
Frequently Asked Questions
By when must I file a Board of Canvass complaint under Rule 109?
No later than noon on the day the Board convenes, unless the Board extends that time before it arrives.
Does my Board of Canvass complaint need to be sworn?
Yes. Rule 109 requires the complaint to be a writing under oath.
Do I have to say how many votes the alleged fraud or mistake affected?
Yes, and whether that number would change the election's result. If you rely on fraud or mistake in other districts as well, you have to name those districts.
What if I only have information and belief, not personal knowledge, of the facts?
Rule 109 requires you to say so, and to give the name, address, and official connection with the election of everyone known to have personal knowledge of the facts.
Can I withdraw a Board of Canvass complaint once I've filed it?
Only with the Board's permission.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: board of canvass complaint delaware15 del c 5702 rule 109election fraud complaint delaware courtde superior court rule 109delaware election recount complaint procedure