CHAPTER 170

RELATING TO ENFORCEMENT OF REGISTRATION LAWS

AN ACT TO AMEND CHAPTER 23, TITLE 15 OF THE DELAWARE CODE RELATING TO PENAL AND ENFORCEMENT PROVISIONS OF THE REGISTRATION LAWS.

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

Section 1. § 2302, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting a new § 2302 to read as follows:

§ 2302. Wrongful registration; assault; riot; breach of peace

Whoever causes or attempts to cause himself to be registered in--

The name of any other person living or dead or under any fictitious name ; or

Any election district in this State, knowing that he has not the right to be registered ; or

Whoever, knowing himself to be registered in any election district in this State, causes or attempts to cause himself to be registered in any other election district in this State without having first caused his record to be removed from the Election District Record in which his original permanent registration record may have been previously entered; or

Whoever, knowing himself to be disqualified as a voter at the next following general election, causes or attempts to cause himself to be entered in the Election District Record in any election district in this State as a registered voter therein, or unlawfully interferes with any Registrar, Alternate Registrar or Assistant Registrar in the discharge of his duties under this Title ; or

Whoever makes any assault or commits any assault and battery or incites or creates any riot or breach of the peace at or near to any place of registration in this State during the sitting of any registration officers--

Shall be fined not less than $50 or more than $200, or imprisoned not less than 30 days or more than 2 years, or both.

Section 2. § 2303, Title 15 of the Delaware Code is amended by striking out and repealing said section and inserting and enacting a new § 2303 to read as follows:

§ 2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies

(a) Whoever, being a Registrar, Alternate Registrar or Assistant Registrar--

Fraudulently enters or permits to be entered in any registration record, the name of any person as a registered voter who is not entitled to be entered therein as a registered voter; or

Fraudulently refuses or omits to register or fraudulently misspells in any registration record in his charge, the name of any person entitled under the provisions of this title to have his name entered in such registration records ; or

Fraudulently removes from any Election District Record in his charge the original permanent registration record of any person entered therein; or

Makes any entry in any registration record, except at the time and in the manner in this title provided ; or

Does anything which is by this title forbidden by him to do ; or

Whoever, being a Registrar, Alternate Registrar or Assistant Registrar, Inspector or Judge of Election-

Loses any registration records which may be in his charge or custody; or

Wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes any registration record; or

Knowingly makes any false entry in or false copy of any registration record, or any part thereof ; or

Fraudulently makes any entry, erasure or alteration in any registration record--

Shall be deemed to have knowingly and wilfully violated his official duty and shall be fined in such amount, or imprisoned for such term, or both, as the court in its discretion may determine.

(b) Whoever, other than the officials referred to in subsection (a) of this section, makes, alters, or obliterates any entry in any registration record, or wilfully destroys, mutilates, defaces, falsifies or removes or secretes any registration record shall be fined in such amount, or imprisoned for such term, or both, as the court in its discretion may determine.

Approved May 31, 1955.