CHAPTER 168

CREATING OFFICE OF STATE ELECTION COMMISSIONER

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE BY CREATING THE OFFICE OF STATE ELECTION COMMISSIONER AND DEFINING THE POWERS AND DUTIES THEREOF.

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

Section 1. Title 15 of the Delaware Code is amended by adding a new chapter thereto to be designated as Chapter 3, and to read as follows:

CHAPTER 3

STATE ELECTION COMMISSIONER

§ 301. Definition

As used in this title "Commissioner" means the State Election Commissioner.

§ 302. State Auditor as Commissioner

The State Auditor shall in addition to his other duties perform the powers and duties of and be known as the State Election Commissioner.

§ 303. General powers and duties of Commissioner

The Commissioner shall have the following powers and duties--

(1) To furnish, by purchase, lease, or otherwise, such equipment, supplies and services that may be required in order to conduct his powers and duties prescribed in this title,

(2) To order any department, board, commission or agency of this State to transfer to the Commissioner any equip-

ment or supplies to his custody that are owned by the State and not in use by the department, board, commission or agency concerned, which may be used by the Commissioner in conducting the functions of his office,

(3) To furnish to each Department of Elections such forms, records, binders, files and other equipment and supplies for registration and elections as the Commissioner may be required to furnish under the provisions of this title,

(4) To select and maintain in the City of Dover, Delaware, preferably in a building owned by the State, suitable office space,

(5) To make reasonable rules and regulations with respect to the functions of his office and with respect to the manner of making entries in registration and election records to be followed by each Department and all registration and election officers,

(6) To have the sole responsibility for the security of the records in his office which shall not be delegated to anyone,

(7) To prescribe the form of the registration and election records which under the provisions of this title are to be uniform throughout this State so long as they are not in conflict with any provision of this title,

(8) To supply necessary instruction and assistance to each Department and all registration and election officers in order to insure uniform operation of the provisions of this title throughout the State,

(9) Such other powers and duties as may be necessary in order for the Commissioner to carry out his functions under the provisions of this title.

§ 304. Duties upon receipt of Applications for Registration

properly approved and verified by the Department concerned. In the event of any discrepancy he shall return the Application to the Department concerned for such corrections or additions as may be necessary. If the Application has been properly approved and verified, the Commissioner shall then cause the information contained thereon to be punched upon tabulating cards. The cards shall be properly indexed by County Election Districts, and shall be maintained in tamper-proof, fire protected cabinet.

. The Commissioner shall check the permanent significant

registration number placed upon each Application for Registration to determine whether the proper number has been assigned by the Department. In the event the Commissioner determines that the permanent significant registration number assigned by a Department is erroneous, he shall assign the proper number, and shall notify the Department concerned which shall make the proper corrective entry upon the Election District Record and County Master Record.

After the Applications for Registration have been used by the Commissioner to comply with the provisions of this section, he shall cause every Application to be micro-filmed and indexed and shall destroy each original Application.

§ 305. Preparation of lists of registered voters

Beginning with the year 1958, the County Chairman of any political party may make a written request to the Commissioner at least ten days before each registration day or within ten days after the last registration day in the year of a general election and the Commissioner shall prepare an alphabetical list of the registered voters in the election districts designated by the County Chairman in the written request. The Commissioner shall prepare and supply not less than eight copies of each list to each County Chairman who requests it. Each list shall contain appropriate markings to indicate new registrants in an election district.

§ 306. Audit for duplication of names

Beginning with the year 1958 and within ten days following the last registration day in each general election year, the

Commissioner shall process all of the punch-cards of each voter in the State to determine whether or not there are any duplication of names. In the event that duplications are found, the Commissioner shall immediately notify each Department concerned, which shall undertake an investigation to determine the right of the voters concerned to be registered as prescribed in section 1704 of this title.

§ 307. Audit for names of persons who have not voted in the last two general elections

Beginning with the year 1960 and before the first registration day in each general election year, the Commissioner shall process the punch-cards of each voter in the State to determine whether or not any voters have not voted in the last two general elections. The names of any voters so found shall be immediately reported by the Commissioner to the Department concerned, which shall undertake an investigation as prescribed in section 1704 of this title.

Approved May 31, 1955.