CHAPTER 78

AN ACT TO AMEND CHAPTER 17, TITLE 15, DELAWARE CODE, RELATING TO REGISTRATION PROCEDURE.

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

Section 1. § 1741, Chapter 17, Title 15, Delaware Code, is repealed and a new §1741 is inserted in lieu thereof to read as follows:

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

(a) Any duly registered voter in this State who has moved to a new residence in the same County may apply for the transfer of his registration records to his new election district in the manner following:

(1) Such registered voter may apply in writing or in person on any regular business day, except between the third Saturday in October and Election Day in the year of a general election, to the Department of Elections for the County in which he resides, for an application form to be provided by the Department.

(2) Such registered voter may apply to the designated registration place in his new election district whenever registrations are therein being taken.

(b) Upon receipt of a duly signed application, the Department of Elections shall cause the signature thereon to be compared with the original registration records of the applicant and if such signature appears to be the same as the original, the change shall be noted on the original and duplicate registration records of the voter and the voter's records transferred to the proper book for the registered voter's new election district. If the Department is not satisfied that such signature appears to be the same as the original signature, the voter shall be noticed

to appear in the office of the Department to answer under oath such questions as may be deemed necessary. If the voter fails to appear as noticed, no such transfer shall be made. If it shall be determined that the applicant had not previously registered, his application shall be treated as an application for registration.

(c) If a person makes application for someone other than himself, he shall give the name and address of such registered voter for whom application is made and shall sign an appropriate form declaring that he is requesting that a transfer form be forwarded to the registered voter. It shall be the duty of the Department of Elections of the County in which the registrant resides to mail to him a form to be completed and returned to the Department. Upon receipt of the executed form, the signature thereon shall be compared with the original signature. If the Department is satisfied that the signature appears to be the same as the original signature, the Department shall make the change of address on all records, shall transfer the voter's records to the new district, and shall notify the registrant within ten days of the change. If the Department is not satisfied that such signature appears to be the same as the original signature, the voter shall be noticed to appear in the office of the Department to answer under oath such questions as may be deemed necessary. If the voter fails to appear as noticed, no such transfer shall be made.

Section 2. § 1742, Chapter 17, Title 15, Delaware Code, is repealed and a new §1742 is inserted in lieu thereof to read as follows:

§ 1742. Transfer of registration upon moving from one County to another; procedure; application.

(a) If any person, having been previously registered in any election district in this State, shall by his removal therefrom have attained a legal residence, as required by the Constitution of this State, in any other County of this State, such person must register anew as a qualified voter in such other County. Such application for registration may be filed with the registration officers for the election district in which the person applying for registration shall then reside or with the

Department of Elections for the County in which the applicant shall then reside. Applications shall be made at such time or times as the registration officers or Department shall sit for the purpose of registration.

(b) Upon the receipt of such application for registration, the Department of Elections shall within three days thereafter mail a copy of the application to the Department for the County wherein the applicant formerly resided, and such Department, upon receipt of such application, shall cause the registration record of such applicant to be removed from the registration records for the election district in which he formerly resided and to be cancelled.

Section 3. § 1743, Chapter 17, Title 15, Delaware Code, is repealed.

Section 4. § 1751, Chapter 17, Title 15, Delaware Code, is repealed and a new § 1751 is inserted in lieu thereof to read as follows:

§ 1751. Transfer and change of party designation; procedure

A duly registered voter may apply in person or by written notice to the Department of Elections for the County in which he resides, at any time before the fourth Saturday of July in the year of a general election or to the registration officers in his election district on the fourth Saturday of July in the year of a general election, for application to change his party designation upon his registration record. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the office of the Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of ,affiliation shall be, made on the original and duplicate records and the applicant shall be immediately notified by mail of the change so made. If the Department is not satisfied as to the signature on the application, the applicant shall be noticed by mail to appear at the office of the Department to answer under oath such questions as may be deemed necessary. If he applicant fails to appear as noticed, no such change of affiliation shall be made. If the application is made to the registration officers, they shall forward the completed form of the applicant to the Department at the same time as they forward other registration records at the close of registration, and the Department shall cause appropriate notations thereof to be made upon the applicant's original and duplicate permanent registration records and shall notify the Commissioner who shall make appropriate changes in his records.

Approved May 20, 1965.