CHAPTER 397

FORMERLY

SENATE BILL NO. 562

AN ACT TO AMEND CHAPTER 3, CHAPTER 19 AND CHAPTER 55 OF TITLE 15, DELAWARE CODE, RELATING TO LISTS OF REGISTERED VOTERS, REGISTRATION FOR MEMBERS OF THE MILITARY FORCES AND OTHER PERSONS ABSENT FROM THE STATE, AND PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.

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

Section 1. Amend § 305, Chapter 3, Part 1, Title 15 of the Delaware Code, by striking said § 305 in its entirety, and substituting in lieu thereof the following:

§ 305. Preparation of lists of registered voters

(a) The Commissioner of Elections shall cause to be prepared lists of all voters, duly registered in the State as of twenty-one (21) days prior to the date of the delegate primary and another complete list of all registered voters as of twenty-one (21) days prior to the date of the state-wide primary. Such lists are to be in alphabetical order and shall contain the full name, address and political party designation of each voter as it appears on the registration records. A separate list shall be prepared for each Election District in the State.

() The Commission of Elections shall also cause to be prepared for each Election District in the State a supplemental list of all voters who register, transfer their registration, or make changes in their names, addresses, or party designations between that period of twenty-one (21) days prior to the date of the state-wide primary and the last general registration day of the year of any General Election, inclusive. Such separate supplemental lists, in alphabetical order, shall be prepared for each Election,1 District in the State, and each such list shall contain the full names, address and political party designation of those voters who are newly registered, who have changed their names or who have changed their party designation, together with information showing the election district to which and from which such voters have transferred their registration, where applicable.

Section 2. Amend Chapter 19, Title 15, Delaware Code, by striking the present Chapter Heading for Chapter 19, and substituting in lieu thereof the following:

Chapter 19. Registration for members of the military forces, related organizations and those citizens living outside the territorial limits of the united states.

Section 3. Amend Chapter 19, Title 15, Delaware Code, by striking the present Chapter Heading for Subchapter 1, and substituting in lieu thereof the following:

SUBCHAPTER 1. REGISTRATION PROCEDURES

Section 4. Amend Subsection (b), Section 1901, Chapter 19, Title 15, Delaware Code, by striking said Subsection (b) in its entirety, and substituting in lieu thereof the following:

(b) Every person, otherwise qualified, who is absent from this State and is a member of the Armed Forces while in the active service, or his spouse or dependents; or a member of the Merchant Marine of the United States, or his spouse or dependents; or a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or his spouse or dependents when residing with or accompanying him; or is absent from this State because of illness or injury received while serving in the Armed Forces of the United States, may register in the election district of his permanent residence under the provisions of Section 1906 of this Title.

Section 5. Amend Section 1901, Subchapter 1, Chapter 19, Title 15, Delaware Code, by adding a new subsection thereto, designated as Subsection (d), which shall read as follows:

(d) Every person, otherwise qualified, who has either been a member of said Armed Forces or said Merchant Marine or said foreign service of the United States, or has been serving as aforesaid for at least six (6) months prior to the date of the general election next succeeding his registration or else was a bona

fide resident of the county in which said election district is located six (6) months or more prior to such day, may register.

Section 6. Amend Subsection (b), Section 1906, Chapter 19, Title 15, Delaware Code, by striking said Subsection (b) in its entirety, and substituting in lieu thereof the following:

(b) The absentee registration affidavit shall be in the form set forth in Section 1907 of this Title and shall be made before any commissioned officer in the active service of the Armed Forces, or any member of the Merchant Marine of the United States designated for this purpose by the Secretary of Commerce, the head of any department or agency of the United States, any civilian official empowered by State or Federal law to administer oaths, or any civilian employee designated by the head of any department or agency of the United States. It shall be returned, duly authenticated as above, in an envelope addressed to the Department of the County in which the affiant claims to be a resident.

Section 7. Amend Section 1907, Subchapter I, Chapter 19, Title 15, Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 1907. Absentee registration affidavit; form

The absentee registration affidavit shall be in substantially the following form and contain the information requested in such form:

STATE OF DELAWARE)

)ss.

COUNTY OF

do solemnly swear (or affirm)

that I am a resident of the . election district of

the representative district in the County

of ,State of Delaware, and am entitled to register

as a qualified voter in the general election to be held in said district during the year in which this affidavit is dated; that I am absent from the State of Delaware and do not expect to be present in the State of Delaware at any time from the date of this affidavit until ten days before the date of such general election, that I am absent because:

______I am a member of the Armed Forces of the United States of America;

______ I am a member of the Merchant Marine of the United States of America;

______ I am the spouse or dependent of a person in one of the above categories;

______ I am suffering from an illness or injury received while serving in any of the foregoing capacities;

______ I am a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia;

______ I am a spouse or dependent of the immediately preceding category who is residing with or accompanying said citizen; that I was a resident of the said election district at the commencement of my aforesaid membership (or service); and that the information concerning me that I have noted upon the application for registration is true and correct.

Signed

Subscribed and Sworn to (or affirmed) before me this .day of ,A.D.

19

Commissioned Officer, Notary Public or other specified person (state title)

Section 8. Amend § 5503, Chapter 55, Part IV, Title 15 of the Delaware Code, by striking said § 5503 in its entirety, and substituting in lieu thereof the following:

§ 5503. Persons eligible to vote by absentee ballot

Any qualified elector of this State, duly registered, may cast his vote by absentee ballot in any general election, primary election choosing candidates for statewide or local offices, or special election held under the provisions of Chapter 73 of this

title, such votes to be counted in the total for the election district in which he is registered if he is unable to appear at the polling place of his election district because of being:

(I) In the public service of the United States or of this State,

(2) In the Armed Forces of the United States or the Merchant Marine of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends, or United Service Organizations, or

(3) Unavoidably absent from the county in which he resides on the day of the general election, or

(4) Sick or physically disabled.

Approved May 14, 1972.