CHAPTER 502

FORMERLY SENATE SUBSTITUTE

NO. 1 FOR SENATE BILL NO.

561 AS AMENDED BY HOUSE

AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 17 AND CHAPTER 44 OF TITLE 15, DELAWARE CODE, RELATING TO STATE ELECTION REGISTRATION PROCEDURES AND REGISTRATION AND VOTING FOR PRESIDENTIAL ELECTORS.

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

Section I . Amend § 1701, Subchapter I, Chapter 17, Title 15 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section, which shall read as follows:

§ 1701. Qualifications for registration as qualified voter

Every applicant for registration shall be held and considered to be a qualified voter if he be a citizen of this State of the age of eighteen years and upwards, or who will be the age of eighteen years on or before the day of the general election next succeeding his registration, and is a bona fide resident of this State. No person in the military, Naval or Marine service of the United States shall be considered as acquiring a residence in this State by being stationed in any garrison, barrack or military or naval place or station within this State; and no idiot or insane person, person convicted of a crime deemed by law a felony,' or person who shall have been rendered incapable of voting by reason of violating Section 7 of Article V of the Constitution of this State for 10 years next following his conviction and sentence thereunder, shall be held or constituted a qualified voter.

Section 2. Amend Subsection (b), Section 4401, Chapter 44, Title 15 of the Delaware Code, by striking said Subsection in its entirety, and substituting in lieu thereof the following:

"(b) Any citizen of the United States who is a bona fide

resident of this State as of the day of final registration next preceding a Presidential election and provided that he is not entitled to vote in any other State."

Section 3. Amend § 4404, Chapter 44, Part IV, Title 15 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 4404. Method of registration

(a) Each person who shall apply at the office of any 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 Departments of Elections.

(b) Any person who so qualified under this Chapter may register absentee by applying in writing to the Department in the County in which he resides for an absentee registration affidavit at any time during the year in which a Presidential election is to be held, up to but not after thirty (30) days before the date the Presidential election is to be held, and by returning such affidavit to the said Department not later than thirty (30) days prior to the date of the Presidential election. The absentee registration affidavit shall state, at least, the name, age, address, qualification as a voter, and the right to register pursuant to this Chapter, and shall be made out by the applicant before an officer authorized by law to administer oaths.

§ 4405. Place of voting

(a) 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.

(b) Absentee voting shall be allowed for those covered in this chapter provided they meet the requirements set up in Section 5503 of this title.

Section 4. Amend § 4407 Chapter 44, Part IV, Title 15, Delaware Code, by denominating said present section as

subparagraph "(a)" and by inserting the following as subparagraph "(b)":

"(b) Any person duly registered pursuant to § 4404 of this Chapter who shall be unable to appear to cast his ballot at any Presidential election at the regular polling place of the election district in which he is registered, may cast an absentee ballot. Such duly qualified registrant must apply in writing to the Department of Elections of the county in which he is registered, not later than seven (7) days immediately prior to said election and must return said ballot to the appropriate Department of Elections not later than the time of the closing of the polls on the day of said election."

Section 5. Amend § 4408, Chapter 44, Part IV, Title 15, Delaware Code, by adding after the words "voting machine" where they appear in the first sentence thereof the words "and the absentee ballots".

Approved July 10, 1972.