CHAPTER 96

AMENDING TITLE 15, DELAWARE CODE BY ADDING CHAPTER 44 ENTITLED "REGISTRATION AND VOTING FOR PRESIDENTIAL ELECTORS ONLY, BY UNITED STATES CITIZENS WHO FAIL TO FULFILL CERTAIN RESIDENCE REQUIREMENTS."

WHEREAS, the 123rd General Assembly of the State of Delaware has agreed, by a two-thirds vote, to a proposed amendment to Article V, Section 2 of the Constitution of the State of Delaware; and,

WHEREAS, the 124th General Assembly of the State of Delaware has, under consideration, an identical proposed amendment to Article V, Section 2 of the Constitution of the State of Delaware,

NOW THEREFORE,

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

Section 1. Title 15, Delaware Code, is amended by adding Chapter 44, entitled "Registration and Voting for Presidential electors only, by United States Citizens Who Fail to Fulfill Certain Residence Requirements."

§ 4401. Registration qualifications

The Departments of Election in each of the three counties of this state shall permit registration by:

(a) Any citizen of this State who shall have changed his residence from one county, hundred, or election district to another located within the State, but who has not resided therein for a sufficient time so as to be otherwise eligible to register from his new place of residence ; provided that such citizen would have been eligible to register within this State had he not moved; and provided that he is not entitled to vote in any other place; and provided further that such citizen would be otherwise qualified to register under the Constitution of the State of Delaware.

(b) Any citizen of the United States who has been a resident of this State for at least three months next preceding a Presidential election but who would be otherwise unable to vote because he has not been a resident thereof for one year next preceding the Presidential election ; provided such citizen was either a qualified voter in another State immediately prior to his removal to this State, or would have been eligible to vote in such other State or could have registered to vote, had he remained in such other State until such election ; and provided that he is not entitled to vote in any other State; and provided further that such citizen would be otherwise qualified to register except that he had not resided in this State for one year.

§ 4402. Time of registration

The Departments of Election of the three counties shall be open for registration by citizens qualifying under §4401, Title 15, Delaware Code, during regular registration hours otherwise set by law, but no sooner than 90 days before such Presidential election and no later than the last general registration day.

§ 4403. Place of registration; records

The Departments of Election shall permit aforementioned registration only in the central office of such Board and the names and addresses of persons so registered shall be kept in a separate poll book.

§ 4404. Method of registration

Each person who shall apply at the office of the Department of Elections for registration under this chapter shall be examined under oath or affirmation as to his name, age, address, qualification as a voter and his right to register pursuant to this chapter as such on forms supplied by the Department of Elections.

§ 4405. Place of voting

Each Department of Elections shall designate one centrally located polling place in its county where those persons who are qualified to vote pursuant to this chapter in their county shall be permitted to vote.

§ 4406. Voting officials

Election officers for the polling places designated pursuant to §4410 of this Act, shall be appointed by each Department of Elections pursuant to Chapter 47, Title 15, Delaware Code.

§ 4407. Voting procedure

After proper verification of registration, registrants under this chapter shall be permitted to vote by voting machine for Presidential electors only. The voting hours shall be the same as general voting hours.

§ 4408. Tallying and recording of vote

At the close of voting hours on election day, the election officers appointed under this chapter shall read the results from the voting machine, record them on forms supplied by the county Board of Election, attest to their accuracy by signature of all election officers present and return such form to the County Board of Election office. The returns so reported shall be then added to the county vote for Presidential electors and be so presented to the Board of Canvass.

Section 2. This Act shall become effective

(a) after passage of the necessary requirements for the aforementioned amendment to the Constitution of the State of Delaware ;

(b) upon signature of the Governor of the State of Delaware.

Approved July 13, 1967.