CHAPTER 181

AN ACT TO AMEND TITLE 15, DELAWARE CODE, EFFECTING A GENERAL REVISION OF THE ELECTION LAWS OF THE STATE OF DELAWARE BY AMENDING CHAPTERS 1, 3, 11, 13, 15, 17, 20, 21, 31, 41, 45, 47, 49, 50, 51, 55 AND 71, RELATING TO THE DEPARTMENTS OF ELECTION, STATE ELECTION COMMISSIONER, VOTER REGISTRATION, AND THE PROVISIONS DEALING WITH GENERAL ELECTIONS AND PROVIDING CRIMINAL PENALTIES FOR CERTAIN ELECTION OFFENSES.

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

Section 1. Amend Title 15, Delaware Code, § 101, by deleting said §101 in its entirety and substituting in lieu thereof a new § 101 to read as follows:

§ 101. Definitions

As used in this Title—

"Ballot" means that portion of the cardboard or paper or other material to be placed within the ballot frames of a voting machine containing the name of the candidates and the designation of the party by which he was nominated and the statement of any question submitted.

"Board of Elections" means that body of individuals, including the State Election Commissioner, appointed by the Governor and confirmed by the Senate to serve as Election Board Members of New Castle, Kent and Sussex Counties.

"Clerk" means Clerk of Election.

"Commissioner" means the State Election Commissioner.

"County Committee" means the regularly organized and constituted County Committee or governing authority of a political party.

"Department" means Department of Elections in each county of this State.

"Decline" as used herein means "Independent" or words equivalent thereto or any person who at the time of registration does not choose to be affiliated with a political party as defined herein.

"Election Officers" means the Inspector of Election, the two Judges of Election and the two Clerks of Election who are appointed for each election district under Sections 4701 and 4731 of this Title.

"Inspector" means Inspector of Elections.

"Judge" means Judge of Elections.

"Local Office" means any political district smaller than the State, including municipal, county, State Representative or State Senatorial.

"Mobile Registration" means any registration held outside the central registration in the office of the Department of Elections for each respective county and excluding registrations held within the district on registration days designated by the Department of Elections.

"Party" or "Political Party" means any political party, organization or association which elects delegates to a National Convention, nominates candidates for electors of President and Vice-President, United States Senator, Representative in Congress, Governor and other offices, and elects a State Committee and officers of a State Committee by a State Convention composed of elected members from each Representative District provided a registered party member is available in each Representative District.

"Primary Ballots" means paper ballots used with ballot boxes or ballots used in voting machines.

"Primary Election" means the action by voters who are members of any political party which polled at least 5% of the entire vote of any county of this State at the general election immediately preceding the primary election in nominating by vote a candidate for public office or a delegate to any political convention which will nominate candidates for public office.

"Principal Political Parties" or words equivalent thereto will be the two political parties which have the highest total voter registration in the State of Delaware.

"Protective Counter" means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever.

"Question" means any proposition or other question to be submitted to the voters.

"Registration Officers" means the Registrar, Assistant Registrar, and alternate Registrars appointed by the departments as defined in this section.

"State Chairman" means the highest executive officer of a political party of this State.

"State Committee" means the regularly organized and constituted state wide governing authority of a political party in this State.

Section 2. Amend Title 15, Delaware Code, § 103 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 103. Department of Elections for New Castle County; composition; appointment; term; qualifications

(a) The Department of Elections for New Castle County shall consist of 10 members and each of the two principal political parties shall be represented at all times by not less than 5 members and at all times both principal political parties shall have equal representation.

() In carrying out the provisions of this Act, the Governor shall appoint 10 members. The Governor shall appoint 5 members with at least two from each of the two principal political parties for a term of two years each, and 5 members with at least two from each of the two principal political parties for a term of four years each.

(a) Upon the expiration of the term of any member of the Department, his successor shall be appointed by the Governor for a period of 4 years; provided, however, that such member shall hold office until his successor shall be duly qualified, and provided further that the term of such successor shall commence on the date he is duly qualified. In the event a vacancy occurs in the Department from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term by the method provided for in this section.

(b) The ten members required to be appointed by the Governor from the two principal political parties under subsections (b) and (c) of this section shall be appointed from a list of not less than 3 nominees for each member to be appointed, which list shall be submitted by the respective State Chairman of the political party from which the appointment must be made. Seven of the members to be appointed must reside in a different Senatorial District in Rural New Castle County and three of the members to be appointed must reside in a separate Senatorial District of the City of Wilmington. Such lists shall be submitted to the Governor within 30 days of the approval of this Act and/or within 30 clays of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than 5 members of the principal political party. The Governor shall submit his appointments from the names on the aforementioned lists within 30 days of the date the Governor receives the aforementioned lists. In the event a said State Chairman does not submit a list to the Governor as set out above, then in that event, the Governor shall submit his appointments for any vacancy.

(e) All members shall be appointed by and with the consent and the majority of the members elected to the Senate.

Section 3. Amend Title 15, Delaware Code, § 104, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 104. Departments of Elections for Kent and Sussex Counties; composition; appointment; term

(a) The Department of Elections for Kent County and the Department of Elections for Sussex County shall each consist of 6 members appointed as provided in this section. Each of the two principal political parties shall at all times be represented by not less than 3 members of each Department.

(b) The members of the Department of Elections of Kent County appointed by the Governor and confirmed by the Senate prior to January 1, 1967, and serving unexpired terms, shall continue to be members of said Department until the expiration of their terms of office and no longer as follows:

Homer Wright UNTIL December 7, 1969

Mrs. Jane C. Moore UNTIL September 7, 1970

(c) In carrying out the provisions of this Act, the Governor shall initially appoint for the Department of Elections of Kent County two members for a term of two years each and two members for a term of four years each; and for the Department of Elections of Sussex County, three members for a term of two years each and three members for a term of four years each.

(d) Upon the expiration of the term of any member from either Department his successor shall be appointed by the Governor for a term of 4 years; provided, however, that such members shall hold office until his successor shall be duly qualified, and provided further that the term of such successor shall commence on the date he is duly qualified. In the event that a vacancy occurs in either Department from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.

(e) The members to be appointed by the Governor under subsections (c) and (d) of this section shall be appointed from a list of not less than 3 nominees for each member to be appointed, which list shall be submitted by the respective State Chairman of the political party from which the appointment must be made. Each senatorial district in Kent and Sussex Counties must be represented by one member and no Senatorial district may be represented by more than two members. Such lists shall be submitted to the Governor within 30 days of the approval of this Act and within 30 days of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than three members of the principal political party. The Governor shall submit his appointments from the names on the aforementioned lists within 30 days of the date the Governor receives the aforementioned lists.

() All members shall be appointed by and with the consent of the majority of the members elected to the Senate.

Section 4. Amend Title 15, Delaware Code, § 105, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 105. Qualifications of members of all Departments

No person shall be appointed as a member of any Department of Elections who is not a citizen of the United States and a resident of the County for which he is appointed and who has not resided therein for 1 year next preceding his appointment. No member of any Department shall hold or be a candidate for any:

(1) Federal, State, County, City or Incorporated Municipality elective office;

(2) Elective office or appointed position of a political party; nor shall a member be an appointed official to any Federal, State, County, City or Incorporated Municipality Commission or Administrative body.

Section 5. Amend Title 15, Delaware Code, § 106, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 106. Confirmation or rejection of appointments

The Senate shall either confirm or reject any appointment under §103 or 104 of this title within 10 legislative days of its receipt or said appointment is deemed confirmed.

Section 6. Amend Title 15, Delaware Code, § 109, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows;

§ 109. Organization meeting; officers

(a) Within 30 days after confirmation of all the members of each of the Departments by the Senate, the members of each Department shall meet and organize by electing one of their members to be president and shall at the same time elect a secretary whose function other than that of a member shall be to record the minutes of the meeting of the Department and they shall serve until date prescribed in subsection (b) hereto.

(b) In New Castle County on the 2nd Tuesday in February in each year, in Kent County on the 3rd Tuesday in February in each year, and in Sussex County on the 4th Tuesday in February in each year, the members of each Department shall meet and organize by electing one of their members to be president. They shall at the same time elect a secretary whose function other than that of a member shall be to record the minutes of the meeting of the Department. The terms of office of the president and secretary shall be until the date prescribed by this section for holding the next regular organizational meeting or a successor is elected.

Section 7. Amend Title 15, Delaware Code, § 110 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 110. Necessary votes for transaction of business

(a) The affirmative vote of six members shall be required for the transaction of any business for the Department of Elections for New Castle County.

(b) The affirmative vote of four members shall be required for the transaction of any business for the Department of Elections for Kent and Sussex Counties respectively.

Section 8. Amend Title 15, Delaware Code, § 111 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 111. Rules

Each Department may make rules for its government not inconsistent with the Constitution or any law of this State and subject to the approval of the State Election Commissioner.

Section 9. Amend Title 15, Delaware Code, § 112 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 112. Administrative Director; Deputy Administrative Director; powers, duties, qualifications, compensation

(a) The Department of Elections of each County shall appoint:

(1) An Administrative Director who shall be a member of the same political party as the State Election Commissioner and who shall serve at the pleasure of the Department;

(2) A Deputy Administrative Director who shall be nominated by the members of the Department of Elections of the opposite political party of the State Election Commissioner and who shall serve at the pleasure of the Department.

(b) The Administrative Director shall assist the Department of Elections of his County in carrying out its duties and responsibilities and, subject to the policies and directives of the Department, shall have general supervision over the employees of the Department and shall see to it that the work of the Department is performed in a proper and non-partisan manner.

(c) The Deputy Administrative Director shall assist the Administrative Director.

(d) The Administrative Director and the Deputy Administrative Director of each Department of Elections shall be a citizen of the United States and a qualified elector of the County employing him.

(e) Each Department shall fix the salary of its Administrative Director and Deputy Administrative Director.

Section 10. Amend Title 15, Delaware Code, § 114 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 114. Employees; duties and compensation

(a) Each Department may hire such employees as it may deem necessary for the performance by the Department of its duties, subject to the limitations of subsection (b) of this section.

(b) Persons presently employed by said Departments shall be retained.

(c) The duties of such employees shall be prescribed and the compensation fixed by the Director of State Personnel.

(d) The employees of each Department shall be placed under the State Merit System but subject to all provisions of Title 15, Delaware Code.

Section 11. Amend Title 15, Delaware Code, § 117 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 117. Notaries Public

(a) In addition to the Notaries Public for the respective counties authorized to be appointed by any other law, the Governor shall appoint as Notaries Public:

(1) three employees of the Department of Elections for New Castle County; and

(2) one employee and the Administrative Director of the Departments of Elections for Kent and Sussex Counties.

(b) Whenever any person so appointed ceases to be employed by or as Administrative Director of the Department, his term as Notary Public shall terminate and the Governor shall appoint either another employee or his successor as a Notary Public.

Section 12. Amend Title 15, Delaware Code, § 118 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 118. Administrative Director and Deputy Administrative Director of Departments of Elections; limitations

No Administrative Director or Deputy Administrative Director of any Department of Elections shall hold or be a candidate for any:

(1) Federal, State, County, City or Incorporated Municipality elective office, or

(2) Elective office or position of a political party, nor shall he be an appointed official to any Federal, State, County, City or Incorporated Municipality Commission or administrative body.

Section 13. Amend Title 15, Delaware Code, § 120 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 120. Political activity limited; penalty

(a) No person, member, Administrative Director or Deputy Administrative Director or employee of the Department shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person or at any time participate in any political activities or campaigns.

(b) Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and shall be fined not more than $500 and shall forfeit his position or employment.

Section 14. Amend Title 15, Delaware Code, § 301 by striking said §301 in its entirety.

Section 15. Amend Title 15, Delaware Code, § 302 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 302. State Election Commissioner; compensation

(a) The State Election Commissioner shall be appointed by the Governor for a term of 4 years and confirmed by a majority of the members elected to the Senate, commencing within 30 days after this Act becomes law. Until such appointment and confirmation the State Auditor shall serve as the State Election Commissioner without additional compensation. In the event of a vacancy in the office, the Governor shall appoint a successor to fulfill the unexpired term and said successor shall be confirmed by a majority of the members elected to the Senate.

(b) The salary of the State Election Commissioner shall be $12,000 per year commencing with his confirmation.

(c) The State Election Commissioner shall serve in this capacity on a full time basis and his powers and duties prescribed by Title 15 shall remain with the Election Commissioner and shall not be delegated to any other individual or group.

(d) The State Election Commissioner shall not hold or be a candidate for any:

(1) Federal, State, County, City or Incorporated Municipality, elective office, or

(2) Elective office or position of a political party, nor shall he be an appointed official to any Federal, State, County, City or Incorporated Municipality Commission or Administrative body.

(e) The State Election Commission shall not directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person or at any time participate in any political activities or campaigns.

Section 16. Amend Title 15, Delaware Code, §303 by adding the following to the section entitled, "Section 303. General Powers and Duties of Commissioner":

(10) To be an ex-officio member of each County Department of Elections.

(11) To attend each County Department of Elections meeting at which time he may do the following:

(a) participate in any and all discussions; and

(b) to cast a vote.

Section 17. Amend Title 15, Delaware Code, § 305 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 305. Preparation of lists of registered voters

(a) The Commissioner shall cause to be prepared lists of all voters who are duly registered in the state as of July 1 and as of September 1 in each year of a General Election. Such lists shall be in alphabetical code order and shall contain the full name, address and political party designation of each voter as it appears on the registration records, and a separate list shall be prepared for each Election District in the State.

(b) The Commissioner shall also cause to be prepared supplemental lists of all voters who register, transfer their registration, and make changes in their names, address and party designations between July 1 and the next ensuing primary election day, and between September 1 and the day of the General Election. A separate supplemental list, in alphabetical order, shall be prepared for each Election District in the state and each such list shall contain: the full name, address and political party designation of which voters are newly registered, which have changed their names, and which have changed their party designation; and information showing the election district to which and from which voters have transferred their registration.

(c) The Commissioner shall make all such preparations as are required in order to comply with the requirements of this section and § 306, 307, and 308, including prescribing the forms and procedures which shall be followed by the Department of Elections in each county and the placing of equipment and employees of the Commissioner's office in the office of each such department, and it shall be the duty of each Department to provide such assistance as is required in order that the various lists may be prepared as required by law.

Section 18. Amend Title 15, Delaware Code, § 307, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

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

Beginning with the year 1971, and before the first day of December in each year in which a General Election is not held, the Commissioner shall process the records of each voter in the State to determine whether or not any voters have failed to vote in the last General Election. The Commissioner shall, before the 1st day of July in each such year, cause to be prepared a separate list for each election district, with full names in alphabetical code order and with addresses of all voters so found, and immediately deliver such information to the department concerned, which shall undertake an investigation as prescribed in § 1704 and §1712 of this Title.

Section 19. Amend Title 15, Delaware Code, § 308, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 308. Supplying lists to political party chairmen and other persons

(a) It shall be the duty of the Commissioner to make available copies of all lists referred to in § 305, 306, and 307 upon request therefor, subject to the provisions of this section. Eight copies of each list shall be supplied without charge to each political party which polled at least five per centum of the total vote in any county for a state or county candidate at the most recent general election, or which demonstrates to the Commissioner that the number of its members in any county of the State exceeds two per centum of the total number of registered votes in such county. In addition, the Commissioner shall sell copies of such lists to any duly certified candidate for a primary election or a general election in the State upon receipt of payment therefor, the charge for each list to be established by the Commissioner, but not to exceed $5.00 for a total listing of a representative district pursuant to §305 (a) or 50 cents for any other list.

(b) Provided that written request therefor is submitted at least 15 days before the date fixed by statute for preparation of the list, the lists shall be made available by the Commissioner as follows: The lists referred to in § 305(a), no later than seven working days after the last day for registration in the period to which the list relates; and the lists referred to in § 306 and 307, no later than the date for giving notice to the several Departments of information contained on such lists. In all other cases, the lists requested shall be made available as soon as practicable.

(c) Requests for lists for political parties shall be submitted in writing by the State Chairman of each party, or by the County Chairman if there is no State Chairman. A request may designate other persons, not exceeding two in each county, to whom all, or specified portions, of the lists are to be delivered by the Commissioner.

Section 20. Amend Title 15, Delaware Code, § 1101 by striking said § 1101 in its entirety.

Section 21. Amend Title 15, Delaware Code, § 1105 (a) by deleting after the word "from" in the seventh line, the phrase:

"seven o'clock A.M. until eight o'clock P.M. on the fourth Saturday in the month of July and the third Saturday in the month of August, and on the third Saturday of the month of October prior to the election."

and substituting in lieu thereof the following:

"ten o'clock A.M. until seven o'clock P.M. on the second Saturday in September and on the third Saturday in October during an election year."

Further Amend Title 15, Delaware Code, § 1105 (b) by deleting said paragraph (b) in its entirety.

Section 22. Amend Title 15, Delaware Code, § 1306, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 1306. Registration places; designation and preparation

(a) Each Department of Elections shall designate a registration place for each election district in its county, and all elections shall be held at the places so designated, unless another registration place is substituted pursuant to the provisions of § 4519 of this Chapter. The designated registration place for a particular election district need not be located within the geographical boundaries of that election district, but the convenience and accessibility of its location to the voters of the election district served must be considered in its selection. The registration place of an election district must be located within the geographical boundaries of its Representative district.

(b) The Departments of Elections shall designate only conveniently located and readily accessible public buildings as registration places. Such public buildings shall include suitable government buildings, schools, firehouses, community centers, churches and other similar structures. Private homes and privately operated business establishments shall not be used as registration places. The Department shall hire the designated registration places and cause them to be equipped, heated, lighted and cleaned.

(c) The same public building may be designated as housing the registration place for one, two or three election districts, in the discretion of the Departments, if suitable precautions are taken to separate and identify the specific registration place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the registration place in which the election will be conducted for their election district with the necessary number of voting machines or booths, and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access, and if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other. Each election room shall contain at least one voting machine or booth for every six hundred (600) registered voters or a majority fraction thereof.

Section 23. Amend Title 15, Delaware Code, § 1501 by striking paragraph (a) in its entirety and substituting in lieu thereof the following:

(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. Not more than two (2) of the registration officers in each election district shall be registered in the same political party. One shall be designated as Registrar, who shall be a member of the principal political party having the majority of registration officers in the district for which he is designated; and the other two shall be designated as Assistant Registrar. The total number of Registrars and the total number of registration officers in each representative district shall be divided as equally as possible between the two principal political parties, as the same shall be determined upon by the Department at the time of making the appointments. When a single registration place is designated for more than one election district, the Department shall serve and may employ more than three officers for a single registration place when required, provided that the total number of Registrars and the total number of registration officers actually serving in each representative district shall be divided as equally as possible between the two principal political parties.

FURTHER AMEND Title 15, Delaware Code, § 1501 by deleting paragraph (c) in its entirety.

Section 24. Amend Title 15, Delaware Code, § 1507 (c) by deleting said paragraph (c) in its entirety.

Section 25. Amend Title 15, Delaware Code, § 1703 (a) by deleting the period thereof and adding after the word "resident" appearing therein the following:

"and the State Election Commissioner. Such notification shall include a full, complete and accurate copy of the record of the name, present residence and last previous residence, and date of birth of each individual of voting age who has been convicted of a felony."

FURTHER AMEND Title 15, Delaware Code, § 1703 (b) by deleting the period thereof and by adding at the end of said paragraph (b) the following:

"and the State Election Commissioner."

Section 26. Amend Title 15, Delaware Code, § 1705 (a) by striking the words appearing after the word "record" as appearing for the first time therein and before the word "person" as appearing in the fourth line therein:

"of the name, residence and age of each" and substituting in lieu thereof the following:

"of the name, residence at time of death and previous residence, and date of birth of each".

FURTHER AMEND Title 15, Delaware Code, § 1705 (d) by deleting said paragraph (d) in its entirety.

Section 27. Amend Title 15, Delaware Code, § 1706 (e) by striking the first paragraph of said subsection in its entirety and substituting in lieu thereof a new first paragraph to read as follows:

(e) When the motion is made first to the Department, the person making such motion need not notify the person affected. Upon receipt of the motion, the Department shall notify the person or persons affected and the person making such motion of a date within forty-five (45) days of the filing of such motion when the Department will sit to hear and examine into the matter.

Section 28. Amend Title 15, Delaware Code, § 1707, by deleting the sectional heading number "§ 1707" and substituting in lieu thereof the section heading number "§ 1708."

Section 29. Amend Title 15, Delaware Code, by adding a new §1707 to read as follows:

§ 1707. Cancellation of registration between States

(a) If an elector applying for registration is already registered in another state, he shall so state this fact to the registration officer and shall sign an authorization to cancel the previous registration on a form substantially as follows:

CANCELLATION AUTHORIZED

I, hereby authorize the cancellation of my previous registration in the state of _________, in the county of __________, city, township or village of ___________Ward __________, Precinct ________ My

last registration address therein being ____________________

__________ _____________________

Date of Birth Signature

Present Address

(b) If such a cancellation authorization or form substantially similar is received from another state by the Department of Elections for a county or by the State Election Commissioner, said voter may be removed from the records of the State Election Commissioner and the proper county Department of Elections at a meeting of the Board of Elections of the County.

Section 30. Amend Title 15, Delaware Code, § 1708, by deleting the sectional heading number "§ 1708" and substituting in lieu thereof the sectional heading number "§ 1709".

Section 31. Amend Title 15, Delaware Code, § 1709, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 1710. Notice of change of election district boundary

When the boundaries of any election district shall have been changed, the Department of the county in which the district is located shall, by February 1 of any year in which an election is held, give public notice by advertisements posted in ten (10) or more of the most public places in each election district affected by any change in boundary that a change in the boundary has been made in such election district.

Section 32. Amend Title 15, Delaware Code, § 1710, by deleting the sectional heading number "§ 1710" and substituting in lieu thereof the sectional heading number "§ 1711".

FURTHER AMEND Title 15, Delaware Code, § 1710, by deleting the phrase "by registered mail" and inserting in lieu thereof the phrase "by registered or certified mail" wherever it appears, including the section title.

Section 33. Amend Title 15, Delaware Code, § 1711, by deleting the sectional heading number "§ 1711" and substituting in lieu thereof the sectional heading number "§ 1712".

Section 34. Amend Tile 15, Delaware Code, § 1712, by striking §1712 in its entirety and adding a new § 1713 to read as follows:

§ 1713. Procedures for determining validity of registration of voters not voting in last general election

During the period of the ten (10) months following each general election, the Department shall send a notice, by regular mail, to every person appearing on the Election District Record who did not vote at the preceding general election, such notice to include a postage-paid return post card upon which the registered voter may advise the Department as to whether he believes he is still eligible to be registered as a voter at the address indicated. If no reply signed by such registered voter is received within sixty (60) days after such notice is sent, the Department shall proceed, in the manner provided in § 1704, to determine the eligibility of such voter to remain registered and, in the absence of proof of such eligibility, shall remove the name of such person from the Election District Record.

Section 35. Amend Title 15, Delaware Code, § 1722, by striking the paragraph entitled "Second" in its entirety and substituting in lieu thereof a new paragraph to read as follows:

Second: After the Application for Registration has been fully completed, two (2) registration officers, one (1) from each political party, shall both inspect the Application for completeness, eligibility, legibility, and such additions or corrections as may be necessary shall be made in the presence of the applicant. The applicant shall then submit for inspection by such registration officers proof as to identity and residence as shown on the Application. If the two (2) registration officers are both satisfied that the applicant is eligible and has established his identity, and that the Application is complete and legible, the applicant shall sign the Application and the two (2) registration officers, one (1) from each principal political party, shall then sign their names in the blanks provided for that purpose on the Application.

Section 36. Amend Title 15, Delaware Code, § 1729 (d), by striking in said paragraph (d) after the word "then" and before the word "the" as they appear in line 4, the word "sign" and substituting in lieu thereof the words, "stamp his name on".

Section 37. Amend Title 15, Delaware Code, Chapter 17, Subchapter III, by adding to the title of said Subchapter III the following:

"; period during which party affiliation may not be changed".

Section 38. Amend Title 15, Delaware Code, § 1751, by striking said § 1751 in its entirety and substituting in lieu thereof the following:

§ 1751. Change of party designation; procedure

A duly registered voter may apply in person or by written notice to the Department for the county in which he resides or by person to the registration officers in his election district when said officers are sitting for the purpose of registration, at those times when registration applications are being accepted except from March first in the year of a general election until the third Tuesday in June in the year of a general election.

Section 39. Amend Title 15, Delaware Code, by deleting in its entirety Chapter 20 and substituting a new Chapter 20 to read as follows:

CHAPTER 20. CENTRAL AND MOBILE REGISTRATION;

REGISTRATION FOR CERTAIN SICK AND

DISABLED PERSONS

SUBCHAPTER 1. CENTRAL REGISTRATION

§ 2001. Determination of central registration days

In addition to the registration days required to be held in the several election districts, each working day of the Department of Elections shall be considered to be a registration day until the third Saturday in October of a general election year for the purpose of allowing persons who are residents of the county and are qualified to enjoy the right of election to register or apply for a transfer of registration, change of address or change of party affiliation at said office.

SUBCHAPTER II. MOBILE REGISTRATION DAYS

§ 2005. Determination of mobile registration

(a) At the discretion of each of the Boards of Election there shall be held registration days with the use of mobile units at such times and places to be designated by said Boards.

() The manner in which mobile registration shall be conducted shall be pursuant to § 2006.

§ 2006. Registration of qualified voters on mobile registration days

The Board for each county may designate one or more locations in each county, on the days designated pursuant to this chapter, at which locations the Auxiliary Registration officers for each county shall have all powers and authority of local registration officers in their respective election districts, to register qualified electors who appear personally for the purpose of registering, and whose names do not appear as qualified voters on the original permanent registration records for the proper election district, with the right of appeal and challenge in all cases, as in the case of local registration officers sitting in their respective local election districts during a supplementary registration as described in this Title, and using the same registration records and supplies as are used by the local registration officers in their respective election districts in performing the like duties; provided, however, that in odd numbered years such registration shall be done only at the office of the Department.

§ 2007. Auxiliary registration officers, appointment; political representation

The Department of Elections for each county shall appoint Auxiliary Registration officers for each county. Such officers shall be equally divided between the two political parties which received the highest vote in the state at the last gubernatorial election. The County Executive Committee of each of the two such political parties, within 30 days after written request of the Department of Elections, shall furnish the Department of Elections a list of five names of properly qualified persons for each position to be filled, from which list the Department shall make its appointments prior to the first special registration. If the lists are not furnished, the Department shall appoint some suitable person or persons of such political affiliation, as indicated by the voters preference as shown on his permanent registration card, having all the qualifications provided in this section.

§ 2008. Powers and duties; term of office; compensation; oath

The Auxiliary Registration officers shall have and possess all the powers that are vested in and shall be required to perform all the duties, so far as consistent with the provisions of this chapter, that are imposed upon registration officers generally by this title; they shall before entering upon their duties, take and subscribe the oath required of other registration officers; their compensation shall be fixed by, and they shall serve at the pleasure of the Department making the appointment.

§ 2009. Notice of mobile registration

The Department for each county shall cause an appropriate advertisement to be placed in one or more newspapers of general circulation in the county giving notice of the places, dates and times registrations and transfers of voters will be accepted.

SUBCHAPTER III. REGISTRATION OF CERTAIN

SICK AND DISABLED PERSONS

§ 2012. Procedure for registrations of certain sick and disabled persons

Upon request of a person who, by reason of sickness or disability, cannot appear at a registration place, or upon request of a person designated by any person who, by reason of sickness or disability, cannot appear at a registration place, two Auxiliary Registration officers, as designated in § 2007, or employees of the Department of Election, one from each political party, shall go to the place of residence or confinement of such person so that he or she may register. All requests for registration pursuant to this section shall be submitted to the Department, upon forms supplied by the Department, prior to September 1 in the year of a general election. The request shall include information showing that the applicant is eligible to register and shall be accompanied by an affidavit of a physician, licensed to practice in the State of Delaware, stating that the applicant is unable, by reason of sickness or disability, to leave his place of residence or confinement in order to register and is expected to remain in such condition at least until the third Saturday in October of that year.

Section 40. Amend Title 15, Delaware Code, § 2106 by striking after the word "title" where it appears therein the words:

"on or before the day immediately preceding the date of the general election."

and substituting in lieu thereof the following:

"on or before the tenth calendar day preceding the last registration day."

Section 42. Amend Title 15, Delaware Code, § 3111, by striking the period at the end of said section and adding the following:

", and that he was registered twenty-one (21) days prior to the day of the primary election."

Section 43. Amend Title 15, Delaware Code, § 3166, paragraph (b) by striking after the comma appearing after the word "held" the following phrase:

"and the candidate whose representative the watcher so removed was, shall be without representation during the continuance of the election."

and substituting in lieu thereof a new phrase as follows:

"but the candidate whose representative the watcher so removed was, may substitute another watcher or subsequent watchers, if necessary, during the continuance of the election."

Section 44. Amend Title 15, Delaware Code, § 4101, by striking said § 4101 in its entirety.

Section 45. Amend Title 15, Delaware Code, § 4105, by striking said section in its entirety and substituting in lieu thereof a new § 4105 to read as follows:

§ 4105. Composition of election districts

(a) Each Department shall create election districts consisting of a minimum of three hundred (300) registered voters and a maximum of twelve hundred (1200) registered voters, except where such composition would cause a conflict with Representative, Senatorial or Councilmanic boundary lines.

(b) Allowance for individual exceptions may be made by the State Election Commissioner.

(c) Each Department shall designate all election districts before the first day of March in any election year.

Section 46. Amend Title 15, Delaware Code, § 4106, by striking said section in its entirety and substituting in lieu thereof a new § 4106 to read as follows:

§ 4106. Voting places

(a) Wherever possible, the Department will use the same locations for both registration and voting.

(b) If it is not possible for the same location to be used for registration and voting, the Board shall make a request for a different location for voting to the State Election Commissioner who is authorized to grant such request.

Section 47. Amend Title 15, Delaware Code, § 4518, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 4518. Polling places; designation and preparation

(a) Each Department of Elections shall designate a polling place for each election district in its county, and all elections shall be held at the places so designated, unless another polling place is substituted pursuant to the provisions of § 4519 of this Chapter. The designated polling place for a particular election district need not be located within the geographical boundaries of that election district, but the convenience and accessibility of its location to the voters of the election district served must be considered in its selection. The polling place of an election district must be located within the geographical boundaries of its Representative district.

(b) The Departments of Elections shall designate only conveniently located and readily accessible public buildings as polling places. Such public buildings shall include suitable government buildings, schools, firehouses, community centers, churches and other similar structures. Private homes and privately operated business establishments shall not be used as polling places. The Department shall hire the designated polling places and cause them to be equipped, heated, lighted and cleaned.

(c) The same public building may be designated as housing the polling place for one, two or three election districts, in the discretion of the Departments, if suitable precautions are taken to separate and identify the specific polling place within the building to be used for each election district.

(d) The election officers of each election district shall fit out the room in the polling place in which the election will be conducted for their election district with the necessary number of voting machines or booths, and shall do everything else required to be done in order to prepare and furnish such election room. The room shall have a door or entrance of easy access, and if practical, a separate means of exit. The table shall occupy such a position in the room as to enable the election officers and the challengers to easily communicate with each other. Each election room shall contain at least one voting machine or booth for every six hundred (600) registered voters or a majority fraction thereof.

Section 48. Amend Title 15, Delaware Code, § 4519, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 4519. Substitute polling places

If at any time it becomes impracticable to hold an election in the public building designated by a Department of Elections for any election district or districts, such Department may designate another public building as near as can be conveniently obtained to the place previously selected. In such event, public notice thereof shall be given by notices posted in at least five (5) of the most public places in the election district or districts affected, if circumstances will permit such notice being given, but if not, then such public and general notices shall be made as the circumstances will permit.

Section 49. Amend Title 15, Delaware Code, § 4707, by deleting after the word "paid" as it appears therein for the first time the amount "$20" and inserting in lieu thereof the amount "$30".

Section 50. Amend Title 15, Delaware Code, § 4738, by striking said section in its entirety and substituting in lieu thereof the following:

§ 4738. Appointment of additional clerks; oaths

In all election districts that have more than one voting machine, pursuant to § 5006 of this Title, two (2) additional clerks shall be appointed for each additional voting machine. Said additional clerks shall be appointed pursuant to § 4731 of this Title.

Section 51. Amend Title 15, Delaware Code, § 4739 by deleting after the word, "paid", as it appears therein for the first time the amount of "$20" and inserting in lieu thereof the amount, "$25".

Section 52. Amend Title 15, Delaware Code, by adding a new §4741 to read as follows:

SUBCHAPTER III. INSTRUCTION OF ELECTION

OFFICERS

§ 4741. Instruction of election officers

Not more than twenty-one (21) days and not less than ten (10) days prior to date of election, the Department of Elections shall cause the election officers who are to serve in an election district to be instructed in all their duties in connection therewith. The Department of Elections shall give to each election officer who has received such instruction and is fully qualified to properly conduct the election with the machine, a certificate to that effect. For the purpose of giving such instructions the Department of Elections shall call such meetings of the election officers as shall be necessary. The Department of Elections shall within five (5) days, file a report which shall be a public record in the Department of Elections stating that the election officers have been properly instructed. The election officers shall attend such meetings, as shall be called for the purpose of receiving such instruction concerning their duties as shall be deemed necessary for the proper conduct of the election with voting machines. The Department of Elections may require the inspector to attend an additional instruction meeting at a place designated by the Department. Attendance at such instruction session shall be compensable pursuant to § 4707 of this Title.

Section 53. Amend Title 15, Delaware Code, § 4933 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 4933. Persons permitted in the voting room

No person, other than members of the Departments, employees of the Department who shall be identified by a badge from the Department, election officers, State Election Commissioner, employees of the State Election Commissioner's Office, who shall be identified by a badge from the Commissioner, persons actually voting and one challenger from any political party which is represented by a candidate in that district as provided in § 4934, shall be admitted within the voting room nor within fifty (50) feet of the entrance thereof, except for the purpose of offering his vote or except as provided in this Chapter. Other persons concerned with the conduct of the election may be admitted within the voting room or within fifty (50) feet of the entrance thereof upon first obtaining unanimous consent of the inspector and judges.

Section 54. Amend Title 15, Delaware Code, § 4934 by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 4934. Challengers; appointment and powers

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day.

(b) The challengers shall be peace officers with the same powers preserving the peace as election officers, and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry; the inspector and judges shall each have the duty to caution the challengers concerning the foregoing, and, if the challenger persists he may be ejected by a majority vote of the judges and the inspector. Provided, further, that nothing in this subsection shall be construed to prevent a substitution of another challenger for one who has been ejected.

(c) If a challenger is ejected as provided in subsection (b) of this section and the inspector and/or judges who voted for such ejection willfully voted for ejection without cause, each such inspector and/or judge so voting shall be deemed to have knowingly and willfully violated his official duty.

Section 55. Amend Title 15, Delaware Code, § 4935, by inserting the words "50 feet" for the words "30 feet" where the same appears in said section.

Section 56. Amend Delaware Code, Title 15, by striking § 4936 in its entirety.

Section 57. Amend Title 15, Delaware Code, § 4937, by inserting the words "50 feet" for the words "30 feet" where the same appears in said section.

Section 58. Amend Title 15, Delaware Code, § 4939 (a), by striking the fifth and final paragraph of said subsection (a) in its entirety.

FURTHER AMEND Title 15, Delaware Code, § 4939, by striking subsections (b), (c), (d), and (e) in their entirety.

Section 59. Amend Title 15, Delaware Code, § 4940, by deleting said section in its entirety.

Section 60. Amend Title 15, Delaware Code, § 4942, by deleting said section in its entirety.

Section 61. Amend Title 15, Delaware Code, § 4943, by deleting said section in its entirety.

Section 62. Amend Title 15, Delaware Code, § 4947, by striking after the words "changed his residence appearing in the ninth line therein and before the words "said person" the following:

"to another election district in the same Hundred during the thirty (30) days immediately preceding the date of the general election" and substituting in lieu thereof the following:

"to any other residence within this state from a date seven (7) days prior to the last registration day preceding the date of the general election,".

Section 63. Amend Title 15, Delaware Code, § 4949, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 4949. Electioneering in polling place

(a) No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election.

(b) Whoever, being an election officer, violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.

(c) Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and willfully violated his official duty.

(d) For the purposes of this section the following definition shall apply:

"Electioneering" includes political discussion of issues, candidates or partisan topics; the wearing of any button, banner or other object referring to issues, candidates or partisan topics; the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics; the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise into the polling place or the area within 50 feet of the entrance to the building in which the voting room is located.

Section 64. Amend Title 15, Delaware Code, § 4954 by adding an additional sentence between the first sentence and the second sentence thereof to read as follows:

"In closing the election the inspector and the judges shall, nevertheless, permit those electors to vote who have presented themselves and have offered to vote prior to 8:00 p.m., provided that at the time 8:00 p.m. that they shall be in a line awaiting their turn to vote within the voting room itself, or if the line extends outside of the voting room itself within that line; any person who has not voted by 8:00 p.m. or who has not presented himself and offered to vote and is not waiting in line as set forth above, shall not be permitted to vote after the hour of 8:00 p.m."

Section 65. Amend Title 15, Delaware Code, § 5002 (a) (11) by striking said subsection (a) (11) in its entirety and substituting in lieu thereof the following:

"(a) (11) It shall be so equipped that it shall prevent the voter from voting for all the candidates of one party by the use of a single lever; however, it shall be provided with one device for each party, for voting for all presidential electors of that party by one operation."

Section 66. Amend Title 15, Delaware Code, § 5004, by deleting said section in its entirety and substituting in lieu thereof a new §5004 to read as follows:

§ 5004. When used

Voting machines shall be used throughout the state in all general and special elections, in all municipal elections if authorized by the Charter, providing that such machines are available for use in the municipality, and in primary elections held under the provisions of Chapter 31 of this Title in those districts where a contest exists. Voting machines may be used in elections held under the provisions of Title 14 providing that permission for the use of the machines is granted by the Board of Elections for the respective counties and the State Election Commissioner. In connection with the use by municipalities or under the provisions of Title 14, said municipalities and those using the machines under Title 14, shall be authorized and empowered to utilize the voting machines upon the payment of all costs and expenses incidental to their use.

Section 67. Amend Title 15, Delaware Code, § 5005, by deleting said section in its entirely.

Section 68. Amend Title 15, Delaware Code, § 5006, by deleting said section in its entirety.

Section 69. Amend Title 15, Delaware Code, § 5007, by deleting said section in its entirety.

Section 70. Amend Title 15, Delaware Code, § 5013, by striking said section in its entirety.

Section 71. Amend Title 15, Delaware Code, § 5118, by deleting said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 5118. Unauthorized entering of voting room

(a) Whoever does not meet the qualifications as stipulated in § 4933 of this Title, and enters the voting room on the day of election other than to vote, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than thirty (30) days nor more than two (2) years, or both.

(b) Whoever enters the voting room on the day of election for the purpose of disrupting the election shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than one (1) year nor more than five (5) years.

Section 72. Amend Title 15, Delaware Code, § 5120, by striking in its entirety the said section.

Section 73. Amend Title 15, Delaware Code, § 5128, by deleting said section in its entirety and substituting in lieu thereof the following:

§ 5128. Violations by officials

Whoever, being a clerk of the peace, an official, or other individual as designated in this Title, willfully violates any of the provisions of this Title in the performance of any duty imposed upon him and for the violation of which no other punishment is provided by law, shall be fined not less than $300 nor more than $500 and may be imprisoned not more than three (3) years.

Section 74. Amend Title 15, Delaware Code, § 5502, by striking said section in its entirety.

Section 75. Amend Title 15, Delaware Code, § 5503, by striking after the word, "State", appearing therein and before the words, "or because" the following:

"or because of the nature of his business or occupation" and substituting in lieu thereof the following:

"or because he will be unavoidable absent from the county, on the day of the General Election."

Section 76. Amend Title 15, Delaware Code, § 5522, by adding an additional paragraph at the end of said section to read as follows:

"The Departments shall compile from the Registrar a list of the names and addresses of all applicants for absentee ballots, and shall send current and complete copies thereof without cost to all political parties with candidates on the ballot in the forthcoming election. Such lists shall be provided two weeks prior to the date of the election and copies of the lists must be mailed on the same date to the respective chairmen of each political party involved in the election. Comparable information from the Registrar shall also be made available to representatives of all political parties at the office of each Department during the remaining two weeks before the election, such information to be recorded by such representatives from the daily records of the Departments with the cooperation and assistance of the employees of the Departments."

Section 77. Amend Title 15, Delaware Code, § 7101, by inserting after the word, "otherwise" and before the words "by the presiding" as appearing therein the following "within 30 days of the creation of the vacancy, a writ of election shall be issued"

Approved June 25, 1969.