CHAPTER 128 - INSPECTORS OF ELECTIONS

AN ACT TO AMEND CHAPTER 59 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO INSPECTORS OF ELECTION, AND PROVIDING FOR THE APPOINTMENT OF REGISTRATION OFFICERS AND ELECTION OFFICERS.

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

Section 1. That Chapter 59 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 1805. Sec. 1., 1806. Sec. 2., and 1807. Sec. 3. thereof, and by inserting in lieu thereof three new sections, to be styled 1805, Sec. 1., 1806. Sec. 2., and 1807. Sec. 3., as follows:

1805. Sec. 1. REGISTRATION OFFICERS; APPOINTMENT: After the effective date of this Act, the Registration Officers of the respective election districts in the respective Counties in this State shall be appointed by the respective Boards of Registration of the respective Registration Department Districts comprising the respective Counties in this State, as provided by 1706 G. Section 1 G. of Chapter 56 of the Revised Code of Delaware, 1935, as amended, and the said registration officers shall have and possess all of the powers and perform all of the duties of registration officers as provided by the laws of this State, and shall have such qualifications and serve for such term, and receive such compensation for their services as provided by law.

1806. Sec. 2. ELECTION OFFICERS IN NEW CASTLE COUNTY; APPOINTMENT: The Department of Elections for New Castle County, after the appointment of the registration officers of each of the election districts in said New Castle County, as provided by 1706 G. Sec. 1 G. of Chapter 56 of the Revised Code of Delaware, 1935, as amended, as aforesaid, and as soon thereafter as practicable, shall select and appoint for each election district in said New Castle County three persons as Election Officers, who shall become Inspector and Judges of Election, as hereinafter provided, which three persons shall be the same persons who are appointed Registrar and Assistant Registrars for said elections district.

Every person so selected and appointed to be said Election Officer shall, on receipt of notice thereof, appear within ten days thereafter, before the said Department of Elections for New Castle County, for the purpose of Examination and, if found qualified shall, unless excused by the said Department by reason of ill health or other good and sufficient cause, be bound to serve as such officer at every election for the term for which he or she is appointed. The failure on the part of any such person to present himself or herself for examination within the time prescribed, or to comply with any of the requirements of this Section preliminary to receiving his or her certificate of appointment, or to attend on the day of any election during his or her term, unless prevented by sickness or other sufficient cause, the burden of proof of which shall be upon the delinquent, shall be deemed a refusal to comply with the requirements of this Section or to serve or to act as Election Officer within the meaning of this Section. The said Department of Elections for New Castle County shall deliver a certificate of appointment to whomsoever shall be nominated, approved and sworn into office by said Department as such Election Officer, said certificate to be in such form as shall be prescribed by the said Department of Elections, specifying the Election District in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his or her term of office, the persons so appointed Election Officers under the provisions of this Section shall respectively hold office for the term of two years, unless sooner removed for want of requisite qualifications or for cause; in either of which cases such removal, unless made while such Election Officer is actually on duty, on a day of election, and for improper conduct as an Election Officer, shall only be made after notice in writing to the Officer sought to be removed, which notice shall set forth clearly and distinctly the reasons for his or her removal. The neglect or refusal of any person so appointed Election Officer as aforesaid, to appear and qualify as such Election Officer, within the time herein prescribed, shall be deemed to create a vacancy in said office.

The said Department of Elections for New Castle County shall have power to dismiss any such Election Officer at any time and supply his or her place with another person and to make all necessary removals and transfers of said Election Officers and fill all vacancies which from any cause may occur. Whenever from any cause there shall exist a vacancy in the office of such Election Officer, a person shall be appointed to fill such vacancy from the unused names, if any there be, upon the list so furnished the said Board of Registration of the Registration Department District comprising all of said New Castle County, in accordance with 1706 G. Sec. 1 G. of Chapter 56 of the Revised Code of Delaware, 1935, as amended as aforesaid, by the political party from which said appointment was made for the office so become vacant.

The said Election Officers, when they have met on the day of holding any general or special election at the place designated for holding such election in their respective election districts, shall organize a Board by selecting one of their number to act as Chairman, but in case of failure to so organize by the time fixed for the opening of the polls in such Election District, the Chairman shall be selected by lot. After such organization, the Election Officer so selected as Chairman of the said Board of Election Officers shall be the Inspector of Elections of the said Election District, and the remaining two Election Officers shall respectively be the Judges of Election of the said Election District.

From and after the appointment of the Election Officers for the respective Election Districts in said New Castle County, as provided for in this Act, the terms and powers of office of the Inspectors and Judges of Election for said New Castle County, who shall have been in office up to that time, shall be and the same are hereby declared to be terminated and ended.

The compensation of Inspectors of Election or other officers authorized by law to hold the same, Judges of Election, and Clerks of Election, as provided in 1881. Sec. 72. of the Revised Code of Delaware, 1935, and the costs and expenses of all necessary notices, posters, maps, advertisements, books, blanks, stationery, rent and cost of fitting up, warming, lighting, cleaning and safekeeping of all places of registration and polling places, carting ballot boxes, and all supplies of every kind and nature for elections in said New Castle County, shall be paid as other election expenses are paid, by the Levy Court of said New Castle County, on warrants signed by the President and Secretary of the said Department of Elections for said New Castle County.

1807. Sec. 3. UNQUALIFIED ELECTION OFFICERS; VACANCIES HOW FILLED: That if any person who shall be appointed as an Election Officer, as provided for in this Chapter, shall not have been capable of being appointed to such office, the office shall be deemed vacant, and such vacancy shall be filled as provided for in 1806. Sec. 2. of this Chapter.

Section 2. ELECTION OFFICERS IN KENT AND SUSSEX COUNTIES, APPOINTMENT: That all Election Officers of the respective Election Districts in Kent County, shall be appointed by the Department of Elections for Kent County, as provided by an Act of the General Assembly of the State of Delaware, entitled: "An Act Creating A Department of Elections For Kent County And Describing Its Powers and Duties", passed and approved in the year 1941; and all Election Officers of the respective election districts in Sussex County, shall be appointed by the Department of Elections for Sussex County, as provided by an Act of the General Assembly of the State of Delaware, entitled: "An Act Creating A Department of Elections For Sussex County And Describing Its Powers and Duties", passed and approved in the year 1941.

Section 3. That all acts or parts of acts, inconsistent with the provisions of, or any of the provisions of, this Act, are hereby changed and modified to conform to the provisions of this Act or repealed to the extent of, and only to the extent of, any such inconsistency.

Section 4. That this Act shall not become effective until the first day of January, 1942.

Approved May 12, 1941.