CHAPTER 215

FORMERLY SENATE BILL NO. 393

AS AMENDED BY SENATE AMENDMENT NO. I

AND

HOUSE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND CHAPTERS 1, 3, 11, 13, 15, 17, 20, 31, 45, 47, 49, 55, 57 AND 73, TITLE 15, DELAWARE CODE, RELATING TO DEPARTMENTS OF ELECTIONS; STATE ELECTION COMMISSIONER; REGISTRATION OF VOTERS; REGISTRATION RECORDS, SUPPLIES AND PLACES; REGISTRATION OFFICERS; REGISTRATION PROCEDURE; CENTRAL AND MOBILE REGISTRATION; REGISTRATION FOR CERTAIN SICK AND DISABLED PERSONS; PRIMARY ELECTIONS; BALLOTS, ELECTION SUPPLIES AND POLLING PLACES; ELECTION OFFICERS; CONDUCT OF ELECTIONS; ABSENTEE VOTING; CANVASS OF VOTE AND PROCLAMATION OF RESULTS OF ELECTION; AND NOTICE TO THE PUBLIC FOR SPECIAL ELECTION TO FILL VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS.

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

Section I. Title 15, § I20 (a), Delaware Code, is hereby amended by inserting the word "actively" after the word "time" and before the word "participate" where they appear therein.

Section 2. Title 15, §302 (b), Delaware Code, is hereby amended to read as follows:

"(b) The salary of the State Election Commissioner shall be determined by the Governor and shall be no less than $12,000 and no more than $16,000 per year."

Section 3. Title 15, §303 (10) (b), Delaware Code, is hereby amended by striking the period at the end thereof and inserting in lieu thereof the following:

"only in the event of a tie."

Section 4. Title 15, § 305, Delaware Code, is hereby amended by adding thereto a new subsection to read as follows:

"(d) The Commissioner shall prepare poll lists double spaced and containing a space for the clerks to check off the names of the voters who cast their ballot, and the name, address, significant code number and social security number (if available) of each qualified elector in the district. The lists are to be delivered to the respective Department of Elections no later than five (5) days prior to the election."

Section 5. Title 15, § 1106, Delaware Code, is hereby amended to read as follows:

"Each department within the ten (10 days prior to the first day set for the purpose of registration in the several election districts in each general election year shall give public notice of this registration by advertisement or by suitable news media."

Section 6. Title 15, § 1306, Delaware Code, is hereby amended by adding the following new subsection thereto:

"(e) Whenever facilities owned or leased by agencies of this State have been designated as registration places, it shall be the duty of the officials of such agencies to see to it these facilities are available so long as use under this section is not incompatible with the primary function of the agency."

Section 7. Title 15, § 1501, Delaware Code, is hereby amended to read as follows:

§ 1501. Appointment; qualifications; recommendations of political parties

(a) Each Department shall in the month of April of each general election year appoint for each election district in its county three (3) capable persons, who are qualified electors in the representative district in which the election district is located. One person shall be designated as Registrar and shall also be the person appointed Inspector of Elections under Section 4701 of this title. The two (2) others shall be designated Assistant Registrars and shall be the same persons named to serve as Judges of Election under Section 4701 of this title. One of the Assistant Registrars-Judges shall be registered in the same political party as the Registrar-Inspector, while the other shall be of the other principal political party. The total number of Registrar-Inspectors in each representative district shall be divided between the two (2) political parties as equally as possible at all times. Whenever possible, the total number of Registrar-Inspectors within each county shall be divided equally between the two (2) principal political parties, or as equally as possible.

(b) The County Executive Committee of each of the two (2) principal political parties shall submit to the Department no later than February 1, of each general election year a list containing the names of eight (8) properly qualified persons for each election district in the county. The Department shall make the appointments. of all registration and election officers, including Clerks, (provided in this section and Section 4701 of this title), from these lists. If the lists are not filed with the Department by February 1, or if the number of names submitted are not sufficient, the Department shall select some qualified person or persons shown on its records to be registered in the appropriate political party.

Section 8. Title 15, § 1503, Delaware Code, is hereby amended by striking the words "the first Tuesday in July next after their appointment and shall continue for two years thereafter," where they appear therein and inserting in lieu thereof the words "the day of their appointment and shall continue until April 1 of the following general election year,".

Section 9. Title 15, § 1504, Delaware Code, is hereby amended by deleting the words "Registrar, Assistant Registrar, or Alternate Registrar." where they appear therein and inserting in lieu thereof the following words: "Registration and/or Election Officers, including Clerks of Election.".

Section 10. Title 15, § 1704, Delaware Code, is hereby amended by striking the number "five (5)" where it appears in the second sentence of the second paragraph thereof and inserting in lieu thereof the number "seven (7)".

Section 11. Title 15, § 1706 (c), Delaware Code, is hereby amended by striking the words "to the President of the Depart-me nt" where they appear in the second paragraph thereof and

inserting in lieu thereof the words "at the Department office no later than September 15 of each year of a general election".

Section 12. Title 15, § 1706 (e), Delaware Code, is hereby amended by striking the first paragraph of this subsection in its entirety and inserting in lieu thereof the following:

"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, in accordance with Section 1711 of this title, of the date and hour when the motion will be heard and shall also set forth the reason for the motion and the name of the person or persons making the motion. The person or persons making the motion shall also be notified, in accordance with Section 1711 of this title, to appear at the date and hour when the motion is to be heard.

The Board of Elections shall sit to hear and examine into the matter, requiring sworn testimony of all witnesses, within sixty (60) days of the filing of the motion. However, in all cases, the Board shall conclude action on any such motion no later than ten (10) days prior to the last registration day."

Section 13. Title 15, § 1710, Delaware Code, is hereby amended 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 notify each of the affected voters by mail.

Section 14. Title 15, § 1711, Delaware Code, is hereby amended by deleting the words "the Wednesday next" where they appear therein and inserting in lieu thereof the words "seven (7) days".

Section 15. Title 15, §1742 (b), Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following:

"(b) Upon receipt of such application for registration, the Department shall, within two (2) days thereafter, mail a copy of the application to the county wherein the applicant formerly resided, and such department, upon receipt of such application, shall immediately cause the registration records of such applicant to be forwarded to the department in the county wherein he now resides.

Upon receipt of the registration records, the department shall compare the information, and, if satisfied it is the same person, the department shall cause the application to be stamped `Inter-County Transfer' and forwarded to the Election Commissioner in the usual manner. The original and duplicate registration cards which have not been completed shall be destroyed."

Section 16. Title 15, Chapter 20, § § 2005, 2006, 2007, 2008, and 2009, constituting Subchapter II, Delaware Code, are hereby amended by striking these sections in their entirety and inserting in lieu thereof the following sections to be known as Subchapter II:

SUBCHAPTER II. MOBILE REGISTRATION

§ 2002. Conduct of mobile registration

The Department of Elections for each county shall conduct mobile registration throughout its county by causing Traveling Registration Officers to sit for the purposes of registration of voters at locations and times most convenient for the residents of that county, giving due public notice of these sittings. These Traveling Registration Officers shall visit each Senatorial District of the county during the thirty (30) days preceding the last day for registration.

§ 2003. Authority and duties of Traveling Registration Officers

The Traveling Registration Officers shall have all the powers that are vested in and shall be required to perform all those duties that are imposed upon registration officers generally by this title, consistent with the provisions of this chapter. Before entering upon their duties, they shall take and subscribe to the oath required of other registration officers and be suitably instructed. Their compensation shall be fixed by the Department appointing them and they shall serve at its pleasure.

§ 2004. Conduct of mobile registration

Traveling Registration Officers shall conduct their duties in units of two (2) or more officers, there being one (1) officer appointed from each of the two (2) principal political parties present at all times. Registration of qualified electors who appear before these officers shall be conducted in the same manner and under the same provisions of this title as in the several election districts, with right of appeal and challenge in all cases.

§ 2005. Appointment of Traveling Registration Officers

The Department of Elections for each county shall appoint Traveling Registration Officers for its county no later than February of each general election year, or one (1) week prior to the first day designated for mobile registration, whichever is sooner. Such officers shall be qualified electors of the county from which appointed and shall be equally divided between the two (2) principal political parties. The County Executive Committee of each of these two (2) parties, within thirty (30) days after written request by the Department of Elections, shall furnish the Department a list of five (5) names of properly qualified persons for each position to be filled. The Department shall make its appointments from among those named on these lists. If the lists are not furnished or if the number of qualified persons named on the lists is insufficient, the Department shall appoint some suitable elector or electors of the required political affiliation to fill the vacancies.

Section 17. Title 15, §2012, Delaware Code, is hereby amended by striking the word "September" where it appears therein and inserting in lieu thereof the word "October".

Section 18. Title 15, §3107, Delaware Code, is hereby amended by adding a new Subsection (f) which shall read as follows:

"(f) Any notification required by this section shall include the signature of each candidate, together with his proper and correct name, typed or printed, and the address from which he is registered to vote."

amended by striking it in its entirety and inserting in lieu thereof the following:

§ 3110. Public notice of time and place

Notice of all primary elections shall be given either by suitable news media or by publishing the same each day for five (5) days before the time of holding same, in one (1) or more daily newspapers printed in the county in which the primary election shall be held, or in the issues of two (2) weekly newspapers printed in the county next before the time of holding primary elections, in case no daily newspaper is published in the county.

Section 20. Title 15, §4516, Delaware Code, is hereby amended by adding thereto the following paragraph:

"Each Department shall furnish to each of its election districts a map of the representative district in which it is located, of sufficient size to show clearly the boundaries of its election districts and the location of the polling places. Each election district shall also be provided with a list of all election districts and polling places within its respective county."

Section 21. Title 15, §4518, Delaware Code, is hereby amended by adding a new paragraph (e) to read as follows:

"(e) Whenever facilities owned or leased by agencies of this State have been designated as polling places, it shall be the duty of the officials of such agencies to see to it these facilities are available so long as use under this section is not incompatible with the primary function of the agency."

Section 22. Title 15, §4519, Delaware Code, is hereby amended by striking the last sentence therein and inserting in lieu thereof the following:

"In such event, sufficient public notice thereof shall be given by suitable news media."

Section 23. Title 15, Chapter 47, Delaware Code, is hereby amended by striking the title "Subchapter 1. Inspector and Judges of Election" and inserting in lieu thereof the title "Subchapter 1. Appointment of Election Officers".

Section 24. Title 15, §4701, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:

§ 4701. Appointment; term

(a) During the month of April in each general election year, each Department of Elections shall appoint for each election district in its county an Inspector of Elections, who shall be the same person as appointed Registrar under Section 1501 of this title, and two (2) Judges of Election, one (1) from each of the two (2) principal political parties, who shall be the same persons as appointed Assistant Registrars.

These appointments shall be made at the same time as the appointment of registration officers and shall be governed by the provisions set forth in Sections 1501, 1504, 1507 and 1508 of this title. The term of office shall be the same as that for their service as registration officers.

(b) At the same time as the officers mentioned in subsection (a) of this section are appointed, the Department shall also appoint for each election district two (2) Clerks of Election, one (1) from each of the two principal political parties. Each Clerk shall be a qualified elector of the election district for which he is appointed. The appointments shall be made from the lists of names supplied by the political parties, as provided in Section 1501 (b) of this title. The terms of the Clerks of Election shall extend from the day of their appointment to April 1 of the next general election year. They shall appear before the Department to qualify by taking and subscribing to the prescribed oath (or affirmation) and by receiving suitable instruction in the manner provided for all officers in Section 1507 and 1508 of this title, except that in taking the oath (or affirmation) the words "Clerk of Elections" shall be substituted for the words "Registration and Election Officer".

Whenever an election district is to be provided more than one (1) voting machine, two (2) additional clerks, one (1) from each principal political party, shall be appointed for each additional voting machine. These additional appointments shall be made in April whenever the number of additional voting machines are known to the Department. Subsequent additional appointments

shall be made as soon as practicable after the Department determines the need for additional voting machines in an election district.

Section 25. Title 15, § 4704, Delaware Code, is hereby repealed in its entirety.

Section 26. Title 15, §4707, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:

§ 4707. Compensation

(a) Each Inspector of Election shall be paid Thirty Dollars ($30) for each day's service in holding any general, primary or special election, plus Five Dollars ($5) for delivering the election records and supplies to the Department the night of election day and Five Dollars ($5) for overseeing preparation of the polling place prior to election day.

(b) Each Judge of Election shall be paid Thirty Dollars ($30) for each day of an election.

(c) Each Clerk of Election shall be paid Twenty-five Dollars ($25) for each day of an election.

(d) Each of these officers shall also be paid Five Dollars ($5) for each day's service in performing any duty required to be performed on a day other than the day of an election, except as heretofore or otherwise provided.

Section 27. Title 15, §4731, Delaware Code, is hereby repealed in its entirety.

Section 28. Title 15, §4733, Delaware Code, is hereby repealed in its entirety.

Section 29. Title 15, §4734, Delaware Code, is hereby repealed in its entirety.

Section 30. Title 15, § 4738, Delaware Code, is hereby repealed in its entirety.

Section 31. Title 15, §4739, Delaware Code, is hereby repealed in its entirety.

Section 32. Title 15, Chapter 47, Delaware Code, is hereby amended by striking the words "SUBCHAPTER II. CLERKS OF ELECTION" where they appear therein.

Section 33. Title 15, Chapter 47, Delaware Code, is hereby amended by striking the words "SUBCHAPTER III." where they appear before Section 4741 thereof and inserting in lieu thereof the words "SUBCHAPTER II.".

Section 34. Title 15, §4901, Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following:

§ 4901. Notice of election

Notice of an election shall be given by suitable news media and/or by publishing the same at least five (5) days prior to any election.

Section 35. Title 15, Chapter 49, Delaware Code, is hereby amended by adding a new section thereto to read as follows:

§ 4947. Residency of voter

If a vote is objected to for the reason that the person does not meet the residency requirements of Article V, Section 2, Constitution of the State of Delaware, the following rules shall apply:

(1) If any person, having resided within this State, actually moves outside this State with an intention of remaining there for an indefinite time, as a place of present domicile, he shall lose his qualification of residence within this State, notwithstanding he may entertain a floating intention to return at some future period.

(2) The above principal shall also apply to determining the domicile of persons moving from one place to another within this State. However, if any such person shall have changed his residence to another election district in the same county within the thirty (30) days immediately preceding the day of election, he

shall be considered a resident of the election district from which he has moved for the purpose of voting.

Section 36. Title 15, §4949 (a), Delaware Code, is hereby amended by adding to this subsection the following sentence:

"No political headquarters or gathering shall be permitted within that building during the conduct of the election."

Section 37. Title 15, § 4976 (b), Delaware Code, is hereby amended by striking this subsection in its entirety and inserting in lieu thereof the following:

"(b) The Election Officers shall record the number of all disqualified or disputed ballots on the certificate of elections in the space provided thereon. They shall record on each absentee ballot tally sheet the name and permanent significant registration number of each person whose ballot was disqualified or disputed, with the reason therefor. In any contest of election, any such ballots and envelopes may be submitted in evidence."

Section 38. Title 15, §5518, Delaware Code, is hereby amended by adding thereto a new Subsection (c) which shall read as follows:

"(c) Whenever a ballot has not been counted but has been rejected for any reason, the Election Officers shall make the required notation on the absentee ballot tally sheet and shall note the number of ballots so rejected on the certificates of election."

Section 39. Title 15, § 5702, Delaware Code, is hereby amended by adding a paragraph thereto which shall read as follows:

"Receive from the Department of Elections for its county a report of the number of absentee ballots delivered to each election district and determine that all these ballots have been recorded on the certificates of election for each election district, either in the total number of ballots counted or in the ballots rejected."

Section 40. Title 15, § 7304, Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following paragraph:

§ 7304. Notice to the public

Each Department of Elections shall, within ten (10) days after receiving a writ, advertise by suitable news media or by publishing the same each day for at least five (5) days, in one or more daily newspapers printed in the county or in the issues of two (2) weekly newspapers, in case no daily newspaper is published in the county. Such notice shall state the day and place of the election and the officer to be chosen.

Section 41. Section 1751, Title 15, Delaware Code, is hereby amended by striking the words 'until the third Tuesday in June' as they appear therein and inserting in lieu thereof 'through the day of the final primary election'.

Section 42. Section 1901 (a), Title 15, Delaware Code, is hereby amended by striking the words 'during all of each year in which a general election is to be held in this State and up until 10 days prior to the date of such general election,' as they appear therein and inserting in lieu thereof 'until 10 days prior to the date of any general election,'.

Section 43. Section 1906 (a), Title 15, Delaware Code, is hereby amended by striking the words 'during the year in which a general election is to be held in this State' as they appear therein.

Section 44. Section 4105 (a), Title 15, Delaware Code, is hereby amended by striking the figure '300' as they appear therein and inserting in lieu thereof the figure '500'.

Approved July 5, 1971.