CHAPTER 375

GENERAL ELECTIONS RELATING TO NUMBER OF BALLOTS TO BE PRINTED AND DISTRIBUTED

AN ACT TO AMEND CHAPTER 60, REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "GENERAL ELECTIONS," IN RELATION TO THE NUMBER OF BALLOTS TO BE PRINTED AND HOW DISTRIBUTED.

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

Section 1. That Chapter 60, Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of 1817. Sec. 8. thereof and substituting and enacting in lieu thereof a new Section to be known as 1817. Sec. 8., as follows:

1817. Sec. 8. BALLOTS; NUMBER TO BE PRINTED; HOW DISTRIBUTED; PACKAGES OF; NUMBER OF VOTERS HOW ASCERTAINED; ADDITIONAL BALLOTS PRINTED, WHEN; PENCILS OR CRAYONS AND RUBBER BANDS FURNISHED; ENVELOPES; NUMBER OF; HOW DISTRIBUTED:--The Clerk of the Peace in each County shall cause to be printed, within the State of Delaware, in the forms and in the manner as in this Chapter provided, three ballots of each official ballot for every voter in each election district in his County; the number of voters shall be ascertained in each election district by reference to the highest number of votes polled therein at any preceding election, with due allowance for any estimated increase thereof. If a new election district has been established in his County, the number shall be estimated by said Clerk of the Peace according to the best information he can obtain.

It shall be the duty of the Clerk of the Peace in each County, in addition to the ballots mentioned in the preceding paragraph, to have printed and to deliver to the Department of Elections for his County, taking their receipt therefor, the ballots, and the official envelopes for absentee voters, authorized by the provisions of the absentee voting law or laws of this State, as soon as possible after the final date of the filing of nominations but in any event forty-five days prior to the date of the ensuing general election. The quantity thereof shall not exceed two times the estimated number of absentee voters eligible to vote at the ensuing general election, as shall be estimated by the said Clerk of the Peace according to the best information he can obtain.

The Clerk of the Peace in each County, in addition to the above mentioned ballots, shall cause to be printed such further number of ballots as shall be directed by the Chairman of any committee of any political party, in any County; provided, however, that the said Clerk of the Peace shall not have printed any ballots upon the order or request of any Chairman of any political party unless the said request shall have been made to him in writing at least sixty-five days prior to the holding of the election at which the said ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the said Chairman of the various political parties shall be delivered to the said Chairman or to their agents upon their request or order not more than ten days and not less than five days before the election at which the said ballots are to be used.

In addition to the ballots so ordered by the Chairmen of the various political parties, the Clerk of the Peace shall deliver to each Chairman of the various political parties, ballots totaling four-tenths (or 40 per cent) times the number of voters in each Election District who cast the ballots for the head of the ticket of such political parties, which ballot shall be furnished to the County Chairman free of all charges; provided, the total number of ballots so delivered shall not exceed eight-tenths (80 per cent) times the total number of voters in each Election District; and in the event there shall be more than two political parties with candidates on the official ballot the Clerk of the Peace shall make an equitable division thereof based upon the total vote received by each political party at the last general election, but the Chairman of each of the two major political parties shall receive not less than thirty per centum of such ballots. The Clerk of the Peace shall cause the ballots, other than those delivered to the Chairmen of the various political parties for each Election District, to be carefully wrapped and tied in two packages for each Election District in the County. One of such packages shall contain ballots totaling one and one-tenth (or 110 per cent) times the number of voters in each Election District in his County, and shall be retained by the Clerk of the Peace and the ballots therein contained shall only be used to take the place of any ballot that may have been destroyed or lost by any accident or casualty. The other packages of ballots shall each contain one and one-tenth (or 110 per cent) times the number of voters in each Election District and shall be delivered by the Clerk of the Peace in the manner hereinafter provided for use at the polls on Election Day. The Clerk of the Peace in each County shall also provide ungummed envelopes of a sufficient size to contain the ballot to be used at any election. Each envelope shall have printed thereon

OFFICIAL ENVELOPE FOR

Representative District Number ________

Date of Election __________

____________________

Clerks of Election

and shall be so printed to enable the Clerks of Election to write their full names on the lines above the words "Clerks of Elections."

He shall have so prepared envelopes totaling two and two-tenths (or 220 per cent) times the number of voters in each Election District ascertained in the manner specified in the first paragraph of this Section, and shall cause the envelopes for each Election District to be carefully wrapped and tied in two packages, which shall be plainly marked and securely sealed with wax. The Clerk of the Peace in each County shall also provide, and enclose in each of said packages, not less than one dozen black or indelible pencils or crayons and a sufficient number of rubber bands to secure the number of envelopes in each Election District. One package shall contain one and one-tenth (or 110 percent) times the number of voters in each Election District in his County, and shall be delivered by the Clerk of the Peace in the manner hereinafter provided, for use at the polls on Election Day. The other package shall contain one and one-tenth (or 110 percent) times the number of voters in each Election District and shall be retained by the Clerk of the Peace, and the envelopes therein contained shall only be used to take the place of like envelopes that may have been destroyed or lost by any accident or casualty. All such latter packages containing the envelopes, pencils or crayons and rubber bands, if not used to replace like supplies destroyed or lost in the manner provided by 1820. Sec. 11. of this Chapter, shall not be destroyed, but shall be retained by the Clerk of the Peace for use at the next general or any special election, and it shall be his duty to make a full inventory thereof. At the next general or special election such envelopes and pencils or crayons shall be used and shall constitute a part of such supplies required to be furnished by the Clerks of the Peace by this Section, other than he shall provide and enclose in each of said packages a sufficient number of new rubber bands.

The ballots authorized to be printed, in accordance with this Section, for each General Election, shall in general conform, as nearly as possible, to the form set forth in 1814. Sec. 5. of this Chapter, as the Presidential, Vice-Presidential, State, County and District Ballot.

Approved June 21, 1951.