CHAPTER 169

RELATING TO REGISTRATION OF VOTERS

AN ACT TO AMEND PART II, TITLE 15, OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VOTERS.

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

Section 1. Chapter 11, Title 15, of the Delaware Code is amended by striking out and repealing all of Chapter 11 and inserting and enacting in lieu thereof a new Chapter 11 to read as follows:

CHAPTER 11

GENERAL PROVISIONS

§ 1101. Definitions

As used in this part--

"Department" means the Department of Elections for each county of this state;

"Registration officers" means the registrar, assistant registrars and alternate registrars appointed by the Departments as defined in this section.

§ 1102. Permanent registration system

(a) During 1956 there shall be a general registration of all persons resident in this State who shall be qualified to vote in the general election held in the year 1956. The general registration shall be conducted as hereinafter prescribed and thereafter the records resulting therefrom shall be deemed to constitute a permanent registration record of all voters resident in this State entitled to vote, and such permanent registration record shall be compiled, purged, supplemented and

preserved in the manner prescribed in this title. Except as herein otherwise provided, a voter who registers in the general registration shall not be required to register again so long as he continues to reside in the same election district in which he is originally registered, and if he is not disenfranchised for any cause prescribed in the laws of this State and if his registration is not cancelled as provided in this title.

(b) During the year 1956, there shall also be held a general registration of all persons qualified to vote at the general election to be held in such year who are temporarily absent from this State, and are in the Armed Forces or Merchant Marine of the United States of America, or retainers or persons accompanying or serving therewith, or who are absent from this State because of illness or injury received while serving in any such capacity. The registration of all such persons shall be part of the permanent registration record.

(c) With respect to any elections held in this State prior to the completion of the general registration in the year 1956, the registration heretofore applicable in this State and the laws relating thereto shall apply. Commencing with the general election in the year 1956, the provisions of this act as to elections shall apply.

§ 1103. Supplementary registrations

(a) During the year 1958 and every two years thereafter and prior to the general election to be held in those years, there shall be a supplementary registration of all persons resident in this State who shall be qualified to vote and whose names do not appear as qualified voters from the general registration held in 1956.

(b) During each year in which a supplementary registration is held and prior to the general election to be held in each such year, there shall also be a registration of all persons qualified to vote at the general election to be held in such year who are temporarily absent from this State and are in the Armed Forces or Merchant Marine of the United States of America, or retainers or persons accompanying or serving therewith, or who are absent from this State because of illness

or injury received while serving in any such capacity, and whose names do not appear as qualified voters from the general registration held in 1956.

(c) The records of persons registering at supplementary registrations shall become a part of the permanent registration record the same as if they had registered at the general registration held in 1956,

§ 1104. New general registration

If the original permanent registration records of any election district are lost, destroyed, mutilated or defaced and they cannot be duplicated by photostating or photographing the duplicate permanent registration records so that the proper registration records will be available for use at an ensuing election, a new general registration, to be known as a special registration, shall be held in such election district in accordance with the provisions of this title.

§ 1105. Registration dates and hours in election districts

(a) Registration officers shall sit for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector and who apply in person for-registration, and whose names do not already appear as qualified voters on the registration records for such election district, at the place or places in their respective election districts as have been selected and designated for the purpose of registration from seven o'clock A. M. until eight o'clock P. M. on the third Wednesday of the months of July and August, and on the third Saturday of the month of October prior to the election.

() For the purposes of the general registration prior to the general election to be held in the year 1956, the Commissioner may designate up to three additional registration days for all or any of the counties.

§ 1106. Notice of registration

Each Department, at least ten days prior to each day set

for the purpose of registration in the several election districts,

shall give public notice by advertisement, posted in ten or more of the most public places in each election district, of the place where the registration officers shall sit for registration of electors and the day or days when they will sit for such purpose.

Section 2. Chapter 13, Title 15, of the Delaware Code is amended by striking out and repealing all of Chapter 13 and inserting and enacting in lieu thereof a new Chapter 13 to read as follows :

CHAPTER 13

REGISTRATION RECORDS, SUPPLIES AND PLACES

§ 1301. Registration records; furnished by the Commissioner

The State Election Commissioner in each general election year shall cause the necessary registration records and supplies to be prepared and purchased at the expense of the State and not later than July 1 of each general election year, he shall furnish the necessary registration records and supplies for the use of the Departments and for the use of the local registration officers in each election district in the State.

§ 1302. Registration records and supplies

(a) There shall be an original and duplicate permanent registration record, and an Application for Registration for each voter. The Application for Registration, and the original and duplicate permanent registration record shall contain a registration serial number, which shall be different for each voter, but the same for the three records of each voter. The three records shall be prepared in different and distinctive colors, and shall be uniform throughout the State.

The original permanent registration records of all voters shall consist of loose-leaf forms which shall be properly indexed alphabetically by election districts and housed in visible type loose-leaf binders with locking devices. The binder or binders for each election district shall be known as the Election District Record. The Election District Record for each election district

shall at all times, between elections, remain in the office of the Department.

The duplicate permanent registration records of all voters in each County shall be filed by name and properly indexed and housed in visible type files with protected edges in locked, fire-protected cabinets and shall be known as the County Master Record. The County Master Record shall at all times remain in the office of the Department, and shall not be removed for any reason whatsoever, except as provided by law.

The Application for Registration, and the original and duplicate permanent registration records shall be identical in substance, printing and arrangement and shall contain a space for the applicant's signature or mark preceded by the words, "The foregoing statements are true", and followed by space for the signatures of two registration officers, each of a different party affiliation. In addition, space will be provided for recording the following data :

1. The registration serial number, and the permanent registration significant number.

2. The applicant's surname, given name and initials of other names.

3. The date of application for registration.

4. The place of his residence, including street and number, if any and also including post office designation of the address at which the applicant claims to reside, and the number or designation of the room, apartment or floor occupied by the applicant if he does not claim the entire building as his residence.

5. The Election District, Representative District, Ward (if applicable) and County in which such residence address is located.

6. Whether the applicant's name appears on the List of Disqualified Voters.

The length of the applicant's residence (a) in this State (b) in the county, and (c) in the election district, calculated to the time of the next election for which the registration will be effective.

7. Whether the applicant previously voted at a general election in this State and, if so, the name under which and address at which he then resided and his prior permanent significant registration number if known.

8. The state or country where the applicant was born, and if naturalized, the date of naturalization and before what Court.

9. Identification of the applicant, including birth date, sex, height, color of hair, and color of eyes.

10. Information concerning cancellation of registration, the date of such cancellation, the reason therefore, and the signature of the appropriate Department official by whom the cancellation was recorded.

11. The voting record of each voter for a period of not less than 20 years.

12. The party affiliation of the applicant, or if the applicant declines to state his party affiliation, for entering the word "declines".

13. Recording data concerning challenges and the disposition thereof.

14. Whether the applicant is disqualified to register and why.

15. Recording data concerning registration appeals.

16. Transfers from one election district to another, and changes of address.

17. Remarks.

(b) There shall be one or more visible, prong, loose-leaf binders, with locking devices for the purpose of housing each Election District Record. Each binder shall be conspicuously labeled to indicate the election district, ward (if applicable), representative district and County, and shall have adequate index leaves for reference purposes. The key for each binder shall be in the custody of the Department, and in no event shall any key be removed from the office of the Department.

(c) There shall be one or more carrying cases for each binder, a lock and key for each carrying case, and a sufficient supply of seals for each carrying case. Each carrying case shall be appropriately labeled to indicate the same contents as the binder which it houses.

(d) There shall be an inventory record by registration serial number of the blank registration records furnished each Election District by the Department.

(e) There shall be a Voters' Registration List for each Election District to be completed by registration officers as prescribed in this title.

§ 1303. Transfer of names when election district divided; procedure

When the boundaries of an election district are changed, the Department having jurisdiction, not later than the 30th day of June in the year in which such change is made, shall transfer the original permanent registration records of registered voters whose voting districts have been changed into the appropriate Election District Record, make the necessary notation of the transfer on each duplicate permanent registration record in the County Master Record, of which change each registrant shall be notified by postal card, and shall also notify the Commissioner of all changes. The registration of any voter shall not be invalidated nor shall the right of any registered voter to vote be prejudiced by any error in making transfers of the registration records.

§ 1304. Custody of registration records; public inspection

All registration records when not in the custody of the Registrars shall be and remain in the custody of the Department except as otherwise provided.

The registration records shall, during normal business hours of each Department, be open to the inspection of anyone desiring to examine the same, without fee or reward. Anyone desiring to do so, may be permitted to make copies or partial copies thereof.

§ 1305. Registration supplies

Each Department shall prepare and furnish all necessary maps, forms, oaths, certificates, blanks, and instructions for the use of registration officers, and provide for the furnishing of such officers therewith and with all necessary supplies and also a copy of the registration and election laws. They shall have and retain the custody of all records, maps, forms, oaths of office and of removal, blanks, instructions, and all other records and supplies of every kind or description pertaining to the Departments.

§ 1306. Designation and preparation of places of registration

Each Department shall designate and appoint a place of registration in each election district in its county. The Departments, in their respective counties, shall hire all such places and cause the same to be fitted up, warmed, lighted and cleaned. Such place shall be in the most public, orderly and convenient portion of the district. No building or part of a building shall be designated or used as a place of registration in which, or in any part of which, alcoholic liquor is being sold or has been sold within 60 days next preceding the time of using the same.

§ 1307. Expenses

(a) The compensation of registration officers, as fixed in section 1511 of this title, shall be paid by the State in the manner prescribed in section 1512 of this title.

(b) The costs and expense of all registration notices, posters, maps, advertisements, blanks (except registration records), stationery, the rent and cost of fitting up, warming, lighting, cleaning of all registration places, of carting of all supplies of every kind and nature for registration shall be paid by the Levy Courts of the respective counties upon proper vouchers signed by the president and secretary of the Department of the county, except as otherwise provided.

Section 3. § 1501, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting a new § 1501 to read as follows:

§ 1501. Appointment; qualifications; recommendations of political parties

(a) Each Department shall, in the month of April each year in which a general election is held, appoint for each election district in its County, three capable persons, who are voters and residents in the representative district in which is located the election district for which they shall be appointed, to be registration officers of the election district for which they are appointed. One shall be designated as Registrar and the other two as Assistant Registrars, and not more than two of them shall be of the same political faith. The total number of registration officers in each representative district shall be divided as equally as possible between the two principal parties, as the same shall be determined upon by the Department at the time of making the appointments.

(b) The County Executive Committee of each of the two principal parties shall furnish the Department by the first day of April of the year in which the appointments are to be made, a list of 5 names of properly qualified persons from which the Department shall make its appointments. If the lists of names are not furnished then the Department shall appoint some suitable person or persons of such political faith, having all the qualifications provided by this section.

Section 4. § 1511, § 1518 and § 1519, Title 15 of the Delaware Code are amended by inserting and enacting the words "registration records" in lieu of the words "registration

books" or "Registers and Books of Registered Voters" wherever they appear in said sections.

Section 5. § 1505, Title 15 of the Delaware Code is amended by striking out and repealing the words "resident in the election district" and inserting and enacting in lieu thereof the words "resident in the representative district in which is located the election district".

Section 6. § 1510 (b), Title 15 of the Delaware Code is amended by striking out the words "election district" and inserting and enacting in lieu thereof the words "representative district in which is located the election district".

Section 7. § 1702, Title 15 of the Delaware Code is amended by striking out and repealing § 1702 and inserting and enacting in lieu thereof a new § 1702 to read as follows :

§ 1702. Removal of names by Department

In each year in which a general election is held in this State, and prior to the first registration day in that year, the Departments of Elections for each county shall meet at their respective county offices to remove names from the registration records, with right of appeal in all cases, giving public notice in all cases of the days and hours of such sitting as is required to be given in the case of registration in the several election districts.

Section 8. § 1703, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1703 to read as follows :

§ 1703. Duty of officers to notify Departments of facts suggesting voter disqualification

(a) The Clerk or Prothonotary of any Court in this State having jurisdiction of felonies shall, when a person is convicted of a crime deemed by law a felony, notify immediately the Department of the county in which the person is a resident.

(b) All State, County and municipal agencies shall have the duty, when it comes to their attention that a person is an idiot or insane or a pauper, to notify immediately the Department of the County in which the person is a resident.

Section 9. § 1704, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1704 to read as follows :

§ 1704. Removal of names of persons disqualified; cancellation of registration

Each Department in each year in which a general election is held, and prior to the first registration day in that year, shall remove from the Election District Record of each election district the original permanent registration record of every person appearing on the Election District Record who has not voted in the preceding two general elections or who since his registration has become disqualified, or for any reason has ceased to be a qualified voter in the election district in which he registered. Such action shall be known as cancellation of registration.

Before any record shall be removed from the Election District Record for any of the causes stated in this chapter, the Department shall give notice of such intention and the reason therefor, by registered mail, directed to the registered voter concerned at the post office address as the same shall appear in the County Master Record and the date when such matter shall be passed on by the Department. Such notice shall be mailed not later than 5 days next preceding the sitting of the Department to act upon such notice of intention to remove such name from the registration records. If at such meeting of the Department it shall be established to their satisfaction that the person is a duly qualified voter in the election district, then his name shall not be removed from the registration records ; but if it shall not be so established, the Department shall remove the voter's original permanent registration record from the Election District Record and place it in a special file or binder to be known as "List of Disqualified Voters", and in addition the Department shall make an appropriate entry to indicate the voter's disqualification upon his original and duplicate permanent registration records. The Department shall also notify the Commissioner who shall remove from his files the tabulating punch-card for the voter concerned.

In the event that the Commissioner notifies the Department of any duplication of names as provided in section 306 of this title, the Department shall, upon receiving such notification, meet specially and follow the same procedure for cancellation of registration as provided in this section except that 2 days notice of the Department's intention to remove the names from the registration records shall be sufficient in such cases.

Section 10. § 1705, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1705 to read as follows :

§ 1705. Removal of records of deceased persons from registration records

(c) The Registrar of Vital Statistics for this State shall furnish to the Departments of Election and to the Commissioner on or before the tenth day of January, April, July and October, in each year, a full, complete and accurate copy of the record of the name, residence and age of each person 21 years of age and upward who has died in the respective counties, during the three calendar months then next preceding as the facts in respect to such deaths shall be furnished to the Registrar of Vital Statistics. The Departments and the Commissioner shall keep, preserve and file all copies or microfilms of such records.

(d) The Department shall remove the original and duplicate permanent registration records of each deceased voter from the Election District Record and County Master Record, cause the original to be microfilmed and file the microfilm copy thereof in a special file labeled "Deceased Voters". The Department shall then destroy the original and duplicate permanent registration records of the deceased voter. The Commissioner shall remove and destroy the tabulating punch-card for the deceased voter contained in his files.

ing and enacting in lieu thereof a new § 1706 to read as follows :

§ 1706. Motion to remove a name from registration records; procedure; entries in records as to such motion

(a) Any person may move to remove from the registration records the records of any person who has been illegally registered as a qualified voter, or who since his registration has become disqualified, or for any reason has ceased to be a qualified voter in the election district in which he is registered.

The person making such motion must be a qualified voter of the Representative District which includes the election district wherein the person whose registration is appealed, is registered.

(b) The motion may be made to the same Judge who sits to hear appeals from the Department in the county where the person affected by such motion is registered, without such motion having previously been made to the Department of the County concerned.

(c) The person making the motion shall make an affidavit that he believes he has lawful grounds for such motion, and setting them forth.

If the motion is made to the Judge in the first instance the affidavit shall be presented to the Judge at the time of making the motion, but if the motion is made first to the Department, then the affidavit shall be presented to the President of the Department.

(d) When the motion is made to the Judge, the person making the motion shall notify the Department of the County in which the person affected by such motion is registered, and shall also notify the person affected by such motion, stating in the notice the time when the motion will be made to the Judge.

The Judge before whom any such motion is made shall hear and inquire into all the grounds of the motion set forth in the affidavit.

If it appears that the person against whom the motion is made, was illegally registered, or that since his registration he has become disqualified, or that for any reason he has ceased to be a qualified voter in the election district in which he is registered, then and in any such cases the Judge shall order and direct the Department to make the appropriate marks and entries in the registration records.

The Secretary or a member of the Department of the County in which the person is registered and against whom the motion is made shall appear at the hearing of such motion before the Judge, with the registration records, and shall make such marks and entries therein as he shall be directed by the Judge.

(e) When the motion is made first to the Department, then the person making such motion shall notify the person affected, of his intention to make such motion at the next sitting of the Department of the County in which the person affected is registered.

The Department at such sitting shall examine into the matter. If upon the examination it appears that the person against whom such motion is made was illegally registered, or that since his registration he has become disqualified, or that for any reason he has ceased to be a qualified voter of the election district in which he is registered, then and in that event the Department shall remove the voter's original permanent registration record from the Election District Record and place it in a special file or binder to be known as "List of Disqualified Voters", and in addition the Department shall make an appropriate entry to indicate the voter's disqualification upon his duplicate permanent registration record contained in the County Master Record. The Department shall also notify the Commissioner who shall remove from his files the tabulating punch-card for the voter concerned.

Section 12. § 1710, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1710 to read as follows :

§ 1710. Notice by registered mail

In all cases where written notice is required by this chapter to be given to any person, such notice shall be deemed sufficient if sent by registered mail, addressed to the person to be notified, at his address appearing in the County Master Record, and deposited in the mail not later than the Wednesday next preceding the sitting of the Department at which he may be notified to appear.

Section 13. § 1711, Title 15 of the Delaware Code is amended by striking out and repealing § 1711 and inserting and enacting in lieu thereof .a new § 1711 tO read as follows:

§ 1711. Registration before a special election

In any case of a special election held in this State, other than a special election to fill a vacancy occurring or existing in either House of the General Assembly while it is in session or within 20 days prior to the convening of the General Assembly in regular or special session, the registration officers of the respective election districts of this State shall sit on the third and fourth Saturdays immediately preceding the day of such special election, from seven o'clock A. M. until eight o'clock P. M,, with an intermission from twelve to one o'clock at the place where the special election will be held, or at some convenient and suitable place in the town in which such election will be held, and at such sittings shall add to the registration records of their respective election districts the names of all qualified voters of the District whose names do not already appear as registered voters and who shall apply in person for registration.

Such registration officers shall follow the same procedures as in supplementary registrations.

The provisions of this chapter relative to the custody, safe keeping and delivery of the registration records shall be deemed to apply to the case of special elections as well as to general elections.

Section 14. § 1721, Title 15 of the Delaware Code is amended by striking out and repealing § 1721 and inserting and enacting in lieu thereof a new § 1721 to read as follows:

§ 1721. Delivery of registration records to Registrars

Each Department prior to the dates specified by this title for holding registration of voters in election districts shall deliver the appropriate supplies and records to the Registrar of the election district. Sets of original and duplicate permanent registration records shall be numbered serially and a record kept by the Department of the specific serial numbers supplied to each election district.

Section 15. § 1722, Title 15 of the Delaware Code is amended by striking out and repealing § 1722 and inserting and enacting in lieu thereof a new § 1722 to read as follows :

§ 1722. Entries by registration officers

The Registrar and the Assistant Registrars in each election district in this State shall, at the times designated for registration, meet in their respective election districts at the places designated for such meeting, and at such time shall do and perform the following acts :

First: When a person appears at a registration place for the purpose of applying to register as a voter, a registration officer shall obtain from him the necessary information to complete an Application for Registration. All recording shall be done by typewriting, or by printing in longhand in black or blue-black ink.

Second : After the Application for Registration has been fully completed and signed by the applicant, two registration officers, one from each political party, shall inspect the Application for completeness, eligibility and legibility and shall make such additions or corrections in the presence of the applicant as may be necessary. If satisfied that the Application is complete and legible, and that the applicant is eligible to register, the two registration officers, one from each political party, shall

sign their names in the blanks provided for that purpose on the Application for Registration.

Third : The applicant for registration shall then sign an original and a duplicate permanent registration record in blank which shall be initialed by the same registration officers who signed the Application for Registration. If unable to sign, the applicant shall make his mark upon the Application for Registration and original and duplicate permanent registration records initialed by the registration officers.

If the applicant is unable to sign or make his mark because of physical disability, the registration officers shall indicate that fact in the space provided for the signature of the applicant upon the registration records, and they shall sign the Application for Registration and initial the original and duplicate permanent registration records the same as in other cases.

Fourth : The registration officers shall attach the Application for Registration, signed or marked by the applicant to the original and duplicate permanent registration forms signed or marked by the applicant.

Fifth : The registration officers shall record the name, address, and registration serial number of each applicant upon a separate List of Registered Voters in the order in which they appear at the registration place to be registered.

Sixth : At the end of the registration day, the Registrar shall deliver to the Department all of the sets of registration records supplied by the Department to the election district, the List of Registered Voters, and an inventory of registration serial numbers. The Registrar shall record on the inventory the number of every set of registration records supplied to him by the Department, and indicate as to each number whether the set was used to register an applicant (in which case the name of the applicant shall be given), or whether the set was voided for any reason, or whether the set was not used.

Section 16. § 1723, Title 15 of the Delaware Code is amended by striking out and repealing said section and by in-

serting and enacting in lieu thereof a new § 1723 to read as follows:

§ 1723. Entries in election districts

The Department may order that the provisions of section 1722 be modified to permit registration officers to record data upon original and duplicate permanent registration records in the event that the Department determines that the completion of registration will be expedited thereby. In such a case the Department shall make certain that registration officers are fully instructed with respect to the manner of making entries as determined by the Commissioner.

Section 17. § 1725, Title 15 of the Delaware Code is amended by striking out the last sentence thereof and inserting a new last sentence to read as follows:

If any person so challenged refuses to make the oath or affirmation prescribed in this section, the registration officers shall enter the words "Refused to make oath concerning bribery" in the appropriate space in the applicant's Application for Registration and the Department shall place the original permanent registration record of the applicant in the special file or binder known as the "List of Disqualified Voters".

Section 18. § 1727, Title 15 of the Delaware Code is repealed.

Section 19. Chapter 17, Title 15 of the Delaware Code is amended by adding a new section thereto, to be designated as § 1729, and to read as follows:

§ 1729. Duties of Department following registration

(a) After the Registrar delivers the registration records to the Department following each registration day, the Department shall first check the inventory record by the registration number of the registration records furnished to the Election District to ascertain whether all the records supplied have been returned to the Department. If the Department is satisfied that all records have been returned, it shall file and retain the inventory for not less than one year. If all the records have not been returned, the Department shall notify the Attorney General, who may take appropriate action.

The Department shall then take the Applications for Registration which have been completed, and signed or marked by the applicant and the registration officers, and examine them for completeness, legibility, and eligibility. If the Department does not complete the registration of an applicant, it shall enter the reason upon the appropriate spaces in the original and duplicate permanent registration records and notify the applicant by registered mail, immediately of its action. If the Department is satisfied that the application is complete and legible and that the applicant's name does not appear on the List of Disqualified Voters and that the applicant is qualified to be registered, the Department shall cause the information contained on the Application for Registration to be typewritten upon the original permanent registration record and the duplicate permanent registration record, making the latter the carbon copy.

(b) The Department shall then assign and mark upon the original and duplicate permanent registration record, and the Application for Registration, a permanent significant registration number according to the system established by the Cornmissoner.

(c) The Department shall then ascertain whether the original and duplicate permanent registration records conform to the Application for Registration, and if satisfied that the data on all three records is identical, a person authorized by the Department shall then sign the Application for Registration to indicate that it has been approved and verified by the Department, and the Department shall then forward it to the Commissioner. The Department shall then file the original permanent registration record in the appropriate Election District Record, and file the duplicate permanent registration record in the County Master Record.

Section 20. § 1728, Title 15 of the Delaware Code is amended by striking out and repealing § 1728 and inserting and enacting in lieu thereof a new § 1728 to read as follows:

§ 1728. Certifications by registration officers as to registration entries

The registration officers shall, within three days after their last sitting, certify to the Department that within their knowledge no false or improper entries have been made in the registration records.

Section 21. § 1741, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1741 to read as follows :

§ 1741. Transfer of registration upon moving from one election district to another within a county; procedure; application

If any person registered as a voter in this State, shall after he is so registered, move from the election district in which he is registered to any other election district within the same county, he shall apply in person to the Department having custody of the registration records 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, furnished by such Department upon application.

The Application for Transfer of Registration shall be made at the office of the Department by appearing personally at the Department at any time during normal business hours of the Department, and on any normal business day before the last registration day in election districts in the year of a general election.

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 registration officers and by making and signing an Application for Transfer of Registration upon the form described in this chapter. 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 the registration officers shall sit for the purpose of registering persons in accordance with the provisions of this title.

Whenever any elector applies for transfer of registration he shall be required, before his address is changed on the registration records, personally to make, sign and file, an Application for Transfer of Registration with the registration officer of his election district or the Department for the county in which he shall then reside, and he may then 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. No Department shall 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 described in this chapter.

All applications for Transfer of Registration must be properly made and signed by the applicant. The Registrar or the Department 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 an Assistant Registrar or by a person authorized by the Department.

The Registrar in each election district in this State, immediately after each registration day, shall personally deliver or send by mail to the Department issuing the transfer forms in this county, all Applications for Transfer of Registration received by him properly made and signed by an applicant and signed by the registration officers as directed by this section.

All unused Applications for Transfer of Registration in their possession shall be delivered by the Registrars to the respective Department immediately after the last registration day held in any election district in each year.

Section 22. § 1742, Title 15 of the Delaware Code is amended by striking out and repealing the word "books" as it appears in the first paragraph of said section and inserting and enacting in lieu thereof the word "records"; and said section is further amended by striking out the words, "stricken from the Registers and Books of Registered Voters" as they appear in the second paragraph thereof and inserting and enacting in lieu thereof the words, "removed from the registration records".

Section 23. § 1743, Title 15 of the Delaware Code is amended by striking out the following words : "The name of the above signed person has been entered in the Registers and Books of Registered Voters for Election District No.

Ward No. , Repr. Dist. No. , Registrar, Asst. Reg., Asst. Reg." and by inserting and enacting in lieu thereof the following:

"The original permanent registration record of the above signed person has been transferred to Election District No. , Ward No. , Repr. Dist. No. and a notation of the transfer has been entered on the person's duplicate permanent registration record in the County Master Record.

For the Department"

Section 24. § 1743, Title 15 of the Delaware Code is further amended by striking out and repealing the words "within three days" and by inserting and enacting in lieu thereof the word "immediately".

Section 25. § 1744, Title 15 of the Delaware Code is amended by striking out and repealing the words "Registers and Books of Registered Voters" and inserting and enacting in lieu thereof the words "registration records".

Section 26. § 1745, Title 15 of the Delaware Code is amended by striking out and repealing § 1745 and inserting and enacting in lieu thereof a new § 1745 to read as follows:

§ 1745. Examination under oath and registration

All persons who shall apply at the office of the Department

of Elections for 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 in accordance with the provisions of section 1722 of this title.

Section 27. § 1746, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1746 to read as follows:

§ 1746. Removal of voter's records of district where voter formerly resided; notice of action taken

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, the Department of Elections or a person authorized by the Department shall examine the Election District Record for the election district where the applicant formerly resided, and shall remove the applicant's original permanent registration record therefrom and after noting the change of address thereon, shall file it in the Election District Record of the election district in which the applicant presently resides, and shall also make an appropriate notation of the transfer and change of address upon the applicant's duplicate permanent registration record in the County Master Record. The Department shall notify the Commissioner of the transfer and change of address, and the Commissioner shall cause a new punch card to be made for the applicant and file it in the proper place. The Department shall also notify the applicant that his registration has been transferred by mailing to him a Notice of Transfer of Registration in accordance with section 1747.

Section 28. § 1747, Title 15 of the Delaware Code is amended by striking out and repealing § 1747 and inserting and enacting in lieu thereof a new § 1747 to read as follows :

§ 1747. Notice of Transfer of Registration; form

The Notice of Transfer of Registration shall be substantially as follows :

(Title of Dept.)

NOTICE OF TRANSFER OF REGISTRATION

Name

Address

This is to notify you that your voter's registration records have
been transferred to Election District No. , Ward

No. , Repr. Dist. No. , County of

and that your original permanent registration record has been removed from the Election District Record for the election district in which you formerly resided. If either name or address is incorrect, please notify this office.

(Secretary), (President).

Section 29. § 1749, Title 15 of the Delaware Code is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 1749 to read as follows :

§ 1749. Notice required upon change of address within a district

Change of address or residence within the same election district shall not disqualify any person as a voter in such election district; however, such person shall be required, not later than the last registration day preceding the next election to notify personally the Department having custody of the registration records in their county of such change of address or residence. If such change of address takes place during a period when such change of address cannot be made in the Election District Records, such elector shall, upon proper identification, be permitted to vote if he is otherwise qualified.

Section 30. § 1901 (a), Title 15 of the Delaware Code is amended by striking out and repealing the word "books" and by inserting and enacting in lieu thereof the word "records".

Section 31. § 1901 (c), Title 15 of the Delaware Code is repealed and a new § 1901 (c) inserted in lieu thereof to read as follows:

(c) Registration made under this section shall become a part of the permanent registration system.

Section 32. § 1906 (c), Title 15 of the Delaware Code is amended by striking out and repealing said subsection and by inserting and enacting in lieu thereof a new § 1906 (c) to read as follows:

(c) The Department, on request made in writing therefor, shall forthwith mail to the person applying for absentee registration the necessary blank forms of the absentee registration affidavit in duplicate, an Application for Registration, and an original and duplicate permanent registration record with instructions as to the manner of completing the records. The affiant may retain the duplicate copy of the affidavit. Upon receipt of the affidavit and records by the Department within the time permitted herein, the Department shall treat them in the same manner as in the case of other registrations except that two members of the Department, of opposite political parties, shall perform the same duties with respect thereto as would registration officers for registrations held in election districts.

Section 33. § 1907, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1907 to read as follows:

§ 1907. Absentee registration affidavit; form

The absentee registration affidavit shall be in substantially the following form and contain the information requested in such form :

STATE OF 1 ss.

COUNTY OF

do solemnly swear (or affirm)

that I am a resident of the election district of

the representative district in the County of

, State of Delaware, and am entitled to

register as a qualified voter in the general election to be held in said district during the year in which this affidavit is dated ; that I am absent from the State of Delaware and do not expect to be present in the State of Delaware at any time from the date of this affidavit until ten days before the date of such general election, that I am absent because:

q I am a member of the Armed Forces of the United States of America;

q I am a member of the Merchant Marine of the United States of America;

q I am serving with the American Red Cross attached to and serving with the Armed Forces of the United States of America;

q I am serving with the Society of Friends attached to and serving with the Armed Forces of the United States of America;

q I am serving with the United Service Organizations attached to and serving with the Armed Forces of the United States of America ;

q I am suffering from an illness or injury received while serving in any of the foregoing capacities;

that I was a resident of the said election district at the commencement of my aforesaid membership (or service) ; and that the information concerning me that I have noted upon the Application for Registration is true and correct.

Subscribed and Sworn to (or affirmed) before me this
day of , A. D 19

Commissioned Officer, Notary Public or other qualified person (state title)

Section 34. § 1908, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1908 to read as follows:

§ 1908. Absentee registration; application for by applying for absentee ballot; mailing affidavit and records with absentee ballot

Whenever any person not a registered elector for the year in which a general election is to be held who meets the tests laid down in section 1901 (b) of this title shall apply in writing to the Department of the County of which he claims to be a resident, for an absentee ballot, within the time provided therefor by the laws of this State, the Department shall mail to the applicant along with the absentee ballot, envelopes and instructions, the necessary blank forms for absentee registration as set forth in section 1906, to be executed and returned by the applicant as provided in this chapter.

If the absentee registration affidavit and records are properly executed, authenticated and returned as provided in this chapter and if the information contained therein shows that the applicant is otherwise qualified to vote under the laws of this State, the applicant shall be deemed a qualified voter duly registered to vote to the same extent and with the same effect as if he had followed one of the other authorized methods of registration ; and the Department shall record proper entries in the registration records showing that the applicant is duly registered to vote.

If the applicant is registered under the provisions of this section, his absentee ballot, if it and the necessary affidavits and envelopes in connection therewith are properly executed and

returned in accordance with the laws of this State, shall be counted as every other valid and proper absentee ballot under the laws of this State.

If the Department determines from the absentee registration affidavit or records that the applicant is not an otherwise qualified voter under the laws of this State or that the affidavit is not sufficiently executed, it shall mark "rejected" on the affidavit and Application for Registration and write thereon the reasons therefor and shall not record or enter the applicant as a duly registered elector and shall not count his or her absentee ballot.

Section 35. § 1909, Title 15 of the Delaware Code is amended by striking out and repealing the words "until the next succeeding general registration" and is further amended by adding the words "and records" after the word "affidavits".

Section 36. § 1928, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1928 to read as follows:

§ 1928. Records

The Auxiliary Registrars shall register all persons in the same manner as registrations in election districts.

Section 37. § 1929, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1929 to read as follows :

§ 1929. Return by Auxiliary Registrars

Upon completion of the registrations, the Auxiliary Registrars shall forward by registered mail, or personally deliver, to the Registrar of each election district affected the registration records of all persons who applied to be registered as voters in such election district so that the records will be received by the Registrar prior to the second Saturday of September in the

Section 38. § 1930, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1930 to read as follows:

§ 1930. Action by Registrars; challenge

The Registrars of the respective election districts of this State, who shall receive any such records from any Auxiliary Registrars shall open such records during the first hour of the next succeeding meeting of the officers of registration. Then the Registrar shall, in a clear and distinct voice, audible to those in the room, read the name of each person so returned by the Auxiliary Registrars for registration. Any registration officer or any qualified voter of the election district may challenge the right to be registered of any person whose name appears on the records, and the question shall be determined by the registration officers. If their determination is against the right of any person to be registered whose name appears on the records they shall make the same marks and entries on the Application for Registration of the person concerned as they would make for other persons disqualified to register.

Section 39. § 1931, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting in lieu thereof a new § 1931 to read as follows :

§ 1931. Appeals

From the action of the registration officers in registering or refusing to register any name from the records, any registration officer or any qualified voter in the election district may appeal for or against the person affected. The provisions of this Part relative to appeals shall apply to those taken under this section except notice to the person affected may not be required by the Judge hearing the appeal, and the appeal for or against any citizen absent in the military service may be prosecuted as effectually as if such absentee were present in person.

Section 40. § 1932, Title 15 of the Delaware Code is

amended by striking out and repealing said section and insert-

ing and enacting in lieu thereof a new § 1932 to read as follows :

§ 1932. Disposition of records

In all cases, the Registrars shall forward the records to the Department and follow the same procedure as in the case of other registrations.

Section 41. § 1933, Title 15 of the Delaware Code is repealed.

Section 42. § Chapter 17, Title 15 of the Delaware Code is amended by adding a new section thereto, to be designated as § 1751, and to read as follows :

§ 1751. Transfer and change of party designation; procedure

A duly registered voter may apply to the Department at any time before the third Wednesday of July in the year of a general election or to the registration officers in his election district on the third Wednesday of July in the year of a general election for a change of his party designation upon his registration records. The application shall be made upon a form prescribed by the Commissioner. If the application is made to registration officers, they shall forward the completed form of the applicant to the Department at the same time as they forward other registration records to the Department after registration days. Upon the completion of the application for a transfer the Department shall cause an appropriate notation of the change of party designation to be made upon the applicant's original and duplicate permanent registration records, and shall also cause the Commissioner to be notified so that an appropriate change may be made in the applicant's punch-card.

Section 43. Any act or parts of an act inconsistent with this act are repealed to the extent of any such inconsistency.

Section 44. If any section, subparagraph, sentence, phrase, part or application of this Act shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining portions hereof, and the General Assembly hereby

declares that it would have enacted such remaining portions notwithstanding any holding of unconstitutionality with respect to any other portions of this Act.

Approved May 31, 1955.