CHAPTER 109

REGISTRATION OF VOTERS

PROVISION FOR PERMANENT RECORD OF ELECTION APPEALS, AND THE KEEPING AND CUSTODY THEREOF

AN ACT TO AMEND CHAPTER 56, AS AMENDED, REVISED CODE OF DELAWARE, 1935, ENTITLED "REGISTRATION OF VOTERS", BY PROVIDING FOR A PERMANENT RECORD OF ELECTION APPEALS AND PROVIDING FOR THE KEEPING AND CUSTODY THEREOF, AND PROVIDING FOR THE EFFECT OF THE DETERMINATION OF AN APPEAL UPON SUBSEQUENT APPEALS PRESENTING THE SAME ISSUE.

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

Section 1. That 1724. Sec. 19. Chapter 56, as amended, Revised Code of Delaware, 1935, be and the same is hereby further amended by adding a new paragraph at the end of said 1724. Sec. 19. to read as follows :

From and after the passage and approval of this Act, it shall be the duty of each of the Boards of Registration for each of the Registration Department Districts of the State of Delaware to secure and provide a book or books of permanent record to be known as "Election Appeal Docket for the Registration Department District", in which Election Appeal Docket a permanent record shall be made and preserved of all election appeals acted upon by the Resident Associate Judge of the respective Counties, sitting as a Judge to hear appeals from the decisions of the Registration Officers in the respective election Districts of his county. The Docket shall contain the following information in respect to each appeal:

(1) Date of the appeal

(2) Name of the appellee

(3) The ground or grounds of each appeal

(4) The name of the person or persons making the affidavit or affidavits on each appeal.

(5) The determination of the Resident Associate Judge on each of the grounds of appeal asserted in each such appeal.

The docket may contain such other information or data as may be required to make a complete record of each appeal acted upon. All entries in said docket shall be under the supervision and direction of the Resident Associate Judge, and the record of each appeal shall be approved by the Resident Associate Judge sitting in said appeal. The record of each appeal shall fully disclose each and every ground upon which the said appeal is filed. The Election Appeal Docket or Dockets for each of the Registration Department Districts shall be and remain in the care and custody of the respective Board of Registration for the Registration Department District wherein the appeals are taken and shall be produced before the Resident Associate Judge by the respective Board of Registration for the Registration Department Districts whenever required by the Resident Associate Judge sitting for the purpose of hearing appeals from the decision of the Registration Officers in the respective election Districts of his County. Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the Resident Associate Judge which presents the same or substantially the same issue as has already been determined in a prior appeal.