CHAPTER 152

REGISTRATION OF VOTERS PROVIDING MEANS OF TRANSFER

AN ACT TO AMEND CHAPTER 56 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "REGISTRATION OF VOTERS", TO PROVIDE FOR A MEANS OF TRANSFER OF REGISTRATION, AND OTHER PURPOSES.

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

Section 1. That 1719. Sec. 14, Chapter 56, of the Revised Code of the State of Delaware, 1935, as amended, be and the same is hereby amended by striking out and repealing all of the said Section and by substituting in lieu thereof a new Section to be known as 1719. Sec. 14 as follows:

1719. Sec. 14. Removal from District After Registration; Transfer of Registration to District of Residence; When; Entries Upon Application for Removal; Transfer Required County to County; Notice of Change of Address Within Election District Required; When; How; Notice of Change of Name Required; When; How:--If any person registered as a registered voter in any election district in this State, shall after he is so registered, remove from the election district in which he is so registered to any other election district within the same County, he shall apply in person to the Bureau or Department having custody of the registration books in the County in which he shall at the time reside, to have his registration transferred to his new address by making and signing an "Application for Transfer of Registration" upon form "No. 100", as hereinafter described and furnished by such Bureau or Department upon application.

Such application for transfer of registration shall be made at the office of the said Bureau or Department by appearing personally when the Bureau or Department shall sit for the purpose of registering persons qualified to enjoy the privilege of an elector.

Persons may also apply for transfer of registration to the registration officers in the election district in which the applicant shall reside at the time the application is made; such application shall be made, by personally appearing before the said registration officers and by making and signing an "Application for Transfer of Registration" upon the form, as in this Section described. Application for transfer of registration when made to the Registration officers shall be made at the place, on a day and during the hours when such Registration Officers shall sit for the purpose of registering persons in accordance with the provisions of this Chapter.

Whenever any elector applies for transfer of registration he shall be required, before his name is entered in the "Registers and Books of Registered Voters" to personally make, sign and file, an "Application for Transfer of Registration" with the registration officer of his election district or the Bureau or Department for the County in which he shall then reside, and it shall then be lawful for him to cause his name to be registered in the election district to which he may have removed, provided that by the next following general election he will have acquired in the election district to which he has moved, and in the County, if the removal has been to another County, the residence required by the Constitution. It shall be unlawful for any Registration Officer, Member of Bureau of Registration or Department of Elections or any person deputized to make registration, to transfer the registration of any elector to any other election district unless such person has made, signed and presented the "Application for Transfer of Registration" in the manner and form as herein described.

All persons who shall apply at the office of the Bureau of Registration for New Castle County or at the office of the Department of Elections for Kent County or at the office of the Department of Elections for Sussex County for registration or transfer of registration, may be examined under oath or affirmation, as to their name, age, address and qualifications as a voter and right as such to register and vote in the election district in which they claim residence; if satisfied upon such examination that the person applying for transfer is in fact qualified to register and vote in such election district such person shall be registered in such election district by the Registration Officers or such other person qualified to make registrations, by making entries in the "Registers and Books of Registered Voters" for such election district in accordance with the provisions of Section 9 and Section 11 of this Chapter.

Upon acceptance of an "Application for Transfer of Registration" at their office or upon receipt of an "Application for Transfer of Registration" from Registration Officers, it shall be the duty of the Bureau of Registration for New Castle County or the Department of Elections for Kent County or the Department of Elections for Sussex County or persons deputized by them respectively, to examine the "Registers" and "Books of Registered Voters" for the election district where the applicant formerly resided and to strike his registration from the said "Registers" and "Books of Registered Voters" by drawing a line in ink, through his name and all entries opposite the name of the applicant, and in the column headed "Remarks" shall enter "removed from this election district into election district No. ____ Ward No. ____ , Representative District No ____, of _______ County, and shall notify such person by mail (on form 101), "Notice of Transfer of Registration", that his name has been stricken from the "Registers" and "Books of Registered Voters" for the election district in which he formerly resided and that his name has been entered as a registered voter in the "Registers" and "Books of Registered Voters" for the election district in which he then resides.

Striking names from the "Registers" and "Books of Registered Voters", as in this Section provided, shall be done during a period when such registration books are in the custody of the Bureau of Registration or Department of Elections, as the case may be.

All applications for Transfer of Registration must be properly made and signed by the applicant. The Registrar at the places indicated on the forms shall enter the County, the number of the election district, the number of the Representative District and the date when application was received by him; the application shall also be signed by the Registrar and the Assistant Registrar.

It shall be the duty of the Registrar in each election district in this State, within three days after each registration day, to personally deliver or send by mail to the Bureau or Department issuing the aforementioned transfer forms in his County, all "Applications for Transfer of Registration" received by him, properly made and signed by an applicant and signed by the registration officers as herein directed.

All used and unused "Applications for Transfer of Registration" in their possession shall be delivered by the Registrars to the respective Bureau or Department within three days after the last registration day held in any election district in each year.

If any person, having been previously registered in any election district in this State, shall by his removal therefrom have attained a legal residence, as required by the Constitution of this State, in any election district in any other County of this State, it shall be lawful for such person to register as a qualified voter in such other election district in such other County at any registration, subsequent to his aforesaid previous registration by making, signing and filing an "Application for Transfer of Registration"; such "Application for Transfer of Registration" may be filed with the registration officers for the election district in which the person applying for registration shall then reside or with the Bureau or Department having custody of registration books in his said County. "Application for Transfer of Registration" shall be made and filed at such time or times as the registration officers or Bureau or Department shall sit for the purpose of registration, as in this Chapter provided.

Upon receipt of an "Application for Transfer of Registration", by a Bureau of Registration or Department of Elections, made by a person removing from one County to another County in this State, such Bureau or Department shall within three days thereafter mail the said "Application" to the Bureau or Department for the County wherein the applicant formerly resided, and such Bureau or Department, upon receipt of such an "Application", shall cause the name and other particulars concerning such applicant to be stricken from the "Registers" and "Books of Registered Voters" for the election district in which he formerly resided, in the manner as described in this Section.

It shall be unlawful, knowingly to enter the name of any elector in the "Registers" and "Books of Registered Voters" who is registered in any other election district in this State unless such person has first made, signed and filed an "Application for Transfer of Registration", as in this Section provided.

The aforesaid "Application for Transfer of Registration" (form 100), shall be prepared in a book, containing not less than one hundred blank forms, and may be according to the following form.

(Title of Bureau or Dept.) (Form 100)

APPLICATION FOR TRANSFER OF REGISTRATION

I hereby make application for transfer of my registration

From:(former address) (Number) (Street Road), (City-Town,R.D.) County

To Present Address (Number) (Street Road), (City-Town,R.D.) County

I MOVED ON: (Date) (Month) (Year)

(SIGNED) __________________

(If name has been changed since last registering, print former name here)

The name of the above signed person has been entered in the Registers and Books of Registered Voters for,

Election Dist. No. ________ , Ward No _______

Repr. Dist. No. __________

_________________ (Registrar)

_________________ (Asst. Reg.)

_________________ (Asst. Reg.)

____________ Date

____________ Date

This space for office use only.

Transferred

From E.D. No ___R.D. No. ___

To E.D.No. ___R.D. No. ___

This form when Property made and signed must be returned by the Registrar to the Bureau or Department within three days after each registration day

The "Notice of Transfer of Registration" (form 101) shall be substantially as follows:

(Title of Bureau or Dept.) (Form 101)

NOTICE OF TRANSFER OF REGISTRATION

NAME,___________

ADDRESS, ____________________

This is to notify you that your registration has been transferred to Election District No ______, Ward No _______, Representative District No____, County of _______, and that your name has been stricken from the registration books for the district in which you formerly resided.

If either name or address is incorrect notify this office.

_________(Secretary) _____________ (President)

In all cases where written notice is required by this Section to be given to any person, such notice shall be deemed sufficient if sent First Class Mail, addressed to the person to be notified at the Post Office address named by him at the time of his application for registration.

Change of address or residence within the same election district shall not disqualify any person as a voter in such election district; however, such persons shall be required, not later than the last registration day preceding the next election to personally notify the registration officers for the election district in which such person resides, or the Bureau or Department having custody of the registration books in their County of such change of address or residence. If such change of address shall take place during a period when said change of address cannot be made in the district registration books, such elector shall, upon proper identification, be permitted to vote if he is otherwise qualified.

Any registered voter who changes his or her name by marriage or otherwise, shall be required to register anew and authorize the cancellation of the previous registration; provided, however, that if the change of name takes place within a period during which new registrations cannot be made, the elector shall be permitted to vote at the next succeeding election, if otherwise qualified.

The provisions of this Section shall be taken to be an exception to the provisions of Section 27 of this Chapter.

Section 2. That all Acts or parts of Acts, inconsistent with the provisions of this Act, are hereby repealed to the extent of such inconsistency.

Approved April 3, 1947.