Last year, on July 9, 2008, Delaware’s Governor signed SB 164 into law. It provides that write-in candidates who wish to receive a tally of how many write-in votes they received, must file a declaration of write-in candidacy by September 30 of any election year.
Delaware did not permit write-ins in the general election until 1970, when they were legalized. Between 1970 and 2007, all write-in votes were legal votes, and Delaware generally prepared a list of all write-ins and who they were cast for, at least for president. However, that was not done in 2008. No write-in candidate for president filed a declaration of write-in candidacy in Delaware in 2008, probably because no presidential candidate who was not on the Delaware ballot knew about the new requirement. Thanks to Tim San Souci for this news.