CHAPTER 142 - PRIMARY ELECTIONS

AN ACT TO AMEND CERTAIN SECTIONS OF CHAPTER 58 OF THE REVISED CODE OF THE STATE OF DELAWARE ENTITLED "PRIMARY ELECTIONS", RELATING TO REGISTRATION AND DELIVERY OF PRIMARY ELECTION BOOKS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 1686. Sec. 9, Chapter 58 of the Revised Code of the State of Delaware be and the same is hereby repealed.

Section 2. That 1687. Sec. 10, Chapter 58 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out the third paragraph of said section and inserting in lieu thereof the following:

The Voting Books of Qualified Voters for Primary Elections used in making up a general registration as provided in Chapter 56, shall be used in making subsequent registration until the next succeeding general registration; or until they shall become so filled with entries that they can no longer be conveniently used for such purpose; or until replaced by Supplementary or Duplicate Books as hereinafter in this Chapter provided.

Section 3. That 1687. Sec. 10, Chapter 58 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out the fifth paragraph of said section and inserting in lieu thereof the following:

Said books shall contain twelve parallel columns for the entry of the word "voted" together with the date of voting.

Section 4. That 1687. Sec. 10, Chapter 58 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out the words "of the year 1926" where they appear in the seventh paragraph of said section.

Section 5. That 1687. Sec. 10, Chapter 58 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out paragraph 9 of said Section and inserting in lieu thereof the following:

They shall enter in said books, in its proper alphabetical order, the name of every person whose name appears as a registered voter in the Registers and Voting Books of Registered Voters of said election district, and also his residence and date of registration, so that the said Voting Books of Qualified Voters for Primary Elections of said election district shall contain the names of all the qualified voters of said election district who were registered during each and all of the five general registration days and also during any supplementary registration up to and including the last registration day in the month of April of the year in which a Municipal Election is held in said City and in which year said books are made up. They shall, within three days after the said registration day on the third Saturday in April aforesaid, complete the making up of said books and shall compare the same with the Registers and Books of Registered Voters of said election district, and shall append to each of said books a certificate, verified by oath or affirmation, that they contain an accurate alphabetical list of the names of all persons whose names appear as registered voters in the Registers and Books of Registered Voters of said election district.

Section 6. That 1689. Sec. 12, Chapter 58 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of the first paragraph of said Section and inserting in lieu thereof the following:

1689. Sec. 12. Department of Election May Compare and Correct Books; When; Disposition of Books:--The Department of Elections may compare and correct said two "Voting Books of Qualified Voters for Primary Elections" at any time before the day the first primary election is held in the year of a general election, and, when it shall appear by any data in their possession that any person has registered in more than one election district, they shall, upon due inquiry, strike the name from the said "Voting Books of Qualified Voters for Primary Elections" of any and all election districts in which he or she is not a "qualified voter", and shall, opposite such name, state the reason therefor. Said two "Books of Qualified Voters for Primary Elections", in each election district of the City of Wilmington shall be preserved and delivered by said Department of Elections as hereinafter prescribed and directed.

Section 7. That 1692. Sec. 15, Chapter 58 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out all of said section and inserting in lieu thereof the following:

1692. Sec. 15. Time for Holding Primary Elections; Revision of Registration in Wilmington; Date of; Duty of Election Department in Relation to Primary Election Books; Who May Vote at; Time for Opening and Closing Polls:--The time for holding any primary election, except primary elections to nominate candidates for Municipal elections, shall be after the last registration day in the month of August in the year in which such primary election is held, and the time for holding primary elections in the City of Wilmington to nominate candidates to be voted for at a Municipal election shall be in the month of May.

The two "Voting Books of Qualified Voters for Primary Elections", as provided in this Chapter, for each election district in the City of Wilmington, shall be used for registration purposes in accordance with the provisions of 1687. Sec. 10, of Chapter 58 of the Revised Code of the State of Delaware, as amended, and all persons, and only they, whose names appear on the said "Voting Books of Qualified Voters for Primary Elections", after the same have been added to as provided in said 1687. Sec. 10 of Chapter 58 of the Revised Code of the State of Delaware, as amended as aforesaid, shall be entitled to vote at a primary election to nominate candidates to be voted for at the subsequent Municipal election in the City of Wilmington, the two "Registers" and the two "Books of Registered Voters" for each election district in the City of Wilmington, shall be used for registration purposes in accordance with the provisions of 1656. Sec. 38 of Chapter 56, as amended, of the Revised Code, and all persons, and only they, whose names appear on the said Registration books, after the same has been added to, revised and corrected, as provided in 1656. Sec. 38, of Chapter 56, as amended, of the Revised Code, shall be entitled to vote at a primary election to nominate candidates to be voted for at the subsequent Municipal Election in the City of Wilmington.

The time for opening the polls for the purpose of conducting a primary election under the provisions of this Chapter shall be one o'clock in the afternoon, and the time for closing the polls at such primary election shall be seven o'clock in the evening.

Section 8. That 1694. Sec. 17, Chapter 58 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out the said Section and inserting in lieu thereof the following:

1694. Sec. 17. Electors; Qualifications; Votes Received; How; May Vote at But One Primary Election; Return of Books by Inspectors; Neglect; Misdemeanor; Penalty:--The qualification of electors under this Chapter shall be such as the political party, organization or association authorizing such election may prescribe and publish, and in default of any prescribed or published rules, the past usages of such political party or organization shall be recognized and adopted, and ignorance of such past usages shall be no defense against any of the penalties of this Chapter. As each person shall apply to vote at any primary election, the officers thereof shall examine the "Voting Books of Qualified Voters for Primary Elections" provided by this Chapter, and if they find thereon the name of the person applying to vote and be satisfied that he is the person whose name is so registered, they shall enter the word "Voted" after his name and such voter shall not be permitted to vote at any succeeding primary election held for that particular election, by any other political party, organization or association. The entry of the word "voted" as aforesaid shall be in such a manner as to indicate at what primary election the voter has voted. No person whose name is not contained in the "Voting Book of Qualified Voters for Primary Elections" shall be allowed to vote or participate in any primary election. It shall be the duty of the Inspector, within two days after the day of the primary election, to return the said "Voting Books of Qualified Voters for Primary Elections" used by him at any primary election, to the Sheriff or the Department of Elections for the City of Wilmington from whom he received the same, who shall preserve them; and within forty days after they have been so returned, the Sheriff shall deliver the said Books to the Clerk of the Peace of the County. And the Clerk of the Peace of each County shall, at least ten days before the first day of registration of voters in any year, return to the Sheriff of his County the said "Voting Books of Qualified Voters for Primary Elections" so received by him as aforesaid. If any Inspector shall neglect, refuse or fail to return said "Voting Books of Qualified Voters for Primary Elections" as directed in this Section, the said Inspector so neglecting, failing or refusing, shall, upon conviction therefore, be adjudged guilty of a misdemeanor and shall for every such offense be punished by fine or by imprisonment, or both, at the discretion of the Court.

Approved March 11, 1935.