CHAPTER 316

GENERAL ELECTIONS

WHO MAY VOTE BY ABSENTEE BALLOT

AN ACT AMENDING CHAPTER 118, VOLUME 44, LAWS OF DELAWARE, 1943, AS AMENDED, BY PROVIDING WHAT QUALIFIED ELECTORS MAY VOTE AT ANY GENERAL ELECTION BY ABSENTEE BALLOT.

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

Section 1. That Section 1 of Chapter 118, Volume 44, Laws of Delaware, 1943, as amended, be and the same is hereby further amended by striking out and repealing all of said Section and enacting in lieu thereof the following:

Section 1. Any qualified elector of this State who may be serving in the armed forces of the United States or any organization attached to and serving with the armed forces of the United States, and who because of such service in or with the armed forces of the United States may be absent or may expect to be absent at the time of any General Election from this State or from the County in which he or she is a qualified elector, may vote at such election as hereinafter provided.

Any qualified elector of this State who shall be unable, because of sickness or physical disability, or whose sickness or physical disability shall make it dangerous to the life or health of such elector, to go to the polling place in his or her Election District in order to vote at any General Election, may vote at such election as hereinafter provided; PROVIDED that an affidavit subscribed and sworn to before an officer authorized by law to administer oaths, by a person authorized to practice medicine or surgery under the laws of this State, and dated not more than sixty days prior to the next ensuing General Election, to the effect that such elector is unable to go to the polling place in his or her Election District at the forthcoming General Election because of sickness or physical disability, on that the'sickness or physical disability of such elector will make it dangerous to

the life or health of such elector to go to the polling place in his or her Election District at the forthcoming General Election, shall be filed with the Department of Elections in the County in which the Election District of such elector is located before the said Department shall mail or deliver to such elector the official ballot, envelopes, or instructions as hereinafter provided.

Section 2. That Section 5 of Chapter 118, Volume 44, Laws of Delaware, 1943, as amended, be and the same is hereby further amended by striking out and repealing the second paragraph of said Section and enacting in lieu thereof the following:

There shall be printed on the face of such voucher envelope an affidavit in substantially the following form:

I do solemnly swear (or affirm) that I am a resident of the State of Delaware and will have resided therein years preceding the day of the General Election at which this ballot is to be voted, that my voting address is

(City, Town or Village, if any)

at

(Street address, Road and rural delivery number, if any)

Election District , Representative District

(if known)

, in County;

(if known)

That I will be absent from said County on the day of said election because of SERVICE IN OR WITH THE ARMED FORCES OF

THE UNITED STATES 111, or that I am unable, or that it would be dangerous to my life or health, to go to the polling place in the Election District in which I am registered because of

SICKNESS OR PHYSICAL DISABILITY 0 ; (check reason).

I further swear (or affirm) that I marked the enclosed ballot in secret.

(Signed)

Write Name Here

Print Name Here

Subscribed and sworn (or affirmed) to before me this

day of , A. D. 19 ; and I hereby certify that the affiant did, in such a manner that I could not see his vote, mark such ballot, and that the affiant was not solicited or advised by me to vote for or against any candidate or candidates.

(Signed

(Notary Public, or other qualified person, stating your title).

Section 3. That Section 16 of Chapter 118, Volume 44, Laws of Delaware, 1943, as amended, be and the same is hereby further amended by adding at the end of said Section the following paragraph:

The Department of Elections of each County shall also provide a space in said Register and shall note therein the date on which it receives the affidavit of a person authorized to practice medicine or surgery under the laws of this State as to the sickness or physical disability of any elector of said County, and the name of said affiant.

Section 4. That Section 20 of Chapter 118, Volume 44, Laws of Delaware, 1943, as amended, be and the same is hereby further amended by striking out and repealing all of said Section 20 and enacting in lieu thereof the following:

Section 20. The intention of this Chapter is that only those qualified electors may vote under the provisions hereof who may be absent or who may expect to be absent, on the day of any General Election from the County in which he or she may be registered because of service in the armed forces of the United States, or because of service in an organization attached to and serving with the armed forces of the United States, or whose sickness or physical disability renders it impossible or dangerous for such elector to go to the polling place in his or her Election District in order to vote at any General Election.

Section 5. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency.

Approved June 29, 1949