CHAPTER 136

REQUIRING REGISTRATION OF COMMUNISTS

AN ACT REQUIRING COMMUNISTS AND MEMBERS OF COMMUNIST FRONT ORGANIZATIONS TO REGISTER, PROVIDING FOR THE ENFORCEMENT OF THE ACT AND SETTING FORTH CRIMINAL PENALTIES FOR VIOLATIONS THEREOF.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The "Communist Party", for the purpose of this Act, is any organization which is substantially directed, dominated or controlled by the Union of Soviet Socialist Republics or by any of its satellites, or which in any manner advocates, or acts to further, the world Communist movement.

Section 2. A "Communist Front Organization", for the purpose of this Act, is any organization which is listed as such by the Attorney General of the United States.

Section 3. A "Communist" is a person who:

(a) Is a member of the Communist Party, notwithstanding the fact that he may not pay dues to, or hold a card in, said party; or

(b) Knowingly contributes funds or any character of property to the Communist Party; or

(c) Commits or advocates the commission of any act reasonably calculated to further the overthrow of the Government of the United States of America, the Government of the State of Delaware, or the government of any political subdivision of either of them, by force or violence; or

(d) Commits or advocates the commission of any act reasonably calculated to further the overthrow of the Government of the United States, the Government of the State of Delaware, or the government of any political subdivision of either of them, by unlawful or unconstitutional means, and the substitution of a Communist Government or a government intended to be substantially directed, dominated or controlled by the Union of Soviet Socialist Republics or its satellites.

Section 4. (a) Each person entering this State who is a Communist or is a member of a Communist Front Organization, shall register immediately with the State Police of the State of Delaware. Each person who is a resident of the State of Delaware and who is a Communist or is a member of a Communist Front Organization, shall register with the State Police of the State of Delaware within thirty (30) days after this law goes into effect and thereafter between the first and fifteenth day of January in each and every year.

(b) Such registration shall be under oath and shall set forth the name (including any assumed names used or in use), address, business, occupation, purpose of presence in the State of Delaware, sources of income, place of birth, places of former residence, and features of identification, including fingerprints, of the registrant; organizations of which registrant is a member and any other information requested by the State Police which is relevant to the purposes of the Statute.

(c) Each and every officer in the Communist Party residing in the State of Delaware and each and every officer of Communist Front Organizations residing in the State of Delaware shall register or cause to be registered said party or organization with the State Police. Such registration shall be under oath and shall include the name of the organization, the location of its principal office and of its offices and meeting places in the State of Delaware; the names, real and assumed, of its officers; a financial statement reflecting receipts and disbursements and by whom and to whom paid; and any other information requested by the State Police which is relevant to the purposes of this Statute.

Such registration shall be made within thirty (30) days after the effective date of this Statute, and thereafter between the first and fifteenth days of January in each and every year.

(d) Failure to register as herein required, or the making of any registration which contains any material false statement or omission, shall constitute a felony and shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00), or more than Ten Thousand Dollars ($10,000.00), or by imprisonment of not less than two (2) or more than ten (10) years, or by both.

Section 5. The Attorney General of the State of Delaware, and all law enforcement officers of this State, shall each be charged with the duty of enforcing the provisions of this Statute.

Section 6. If any section, subparagraph, sentence, phrase; part or application of this Statute shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining portions hereof, and the Legislature hereby declares that it would have enacted such remaining portions notwithstanding any holding of unconstitutionality with respect to any other portions of this Statute.

Section 7. This Statute is cumulative of all existing laws and does not repeal any such laws.

Section 8. This Act may be cited as the "Delaware Communist Registry Law".

Approved June 12, 1953.