Every person has a privilege to refuse to disclose the tenor of his or her vote at a political election conducted by secret ballot.69 This rule, derived from the common law,70 grows out of the secret ballot system adopted in this country for the protection of the voter and the preservation of purity and independence in the exercise of the franchise.71 This privilege does not apply if the court finds that the vote was cast illegally or determines that the disclosure should be compelled pursuant to the election laws of Delaware.72
69. D.R.E. 506(a).
70. See State v. Matlack, 64 A. 259, 265 (Del. Gen. Sess. 1905).
71. See 8 Wigmore on Evidence § 2214 (McNaughton rev. ed. 1961).
72. D.R.E. 506(b).
© 2010 David L. Finger