CHAPTER 98

FORMERLY

SENATE BILL NO. 202

AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, 1929, AS AMENDED, RELATING TO ELECTIONS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Amend Section 8 of Chapter 158, Volume 36, Laws of Delaware, 1929, as amended, by striking subsection (e) thereof in its entirety and by substituting in lieu thereof the following :

(e) The Council shall provide for each election voting machines as required by Chapter 50, Title 15 of the Delaware Code, as amended, voting machines shall be used in conformity with Chapter 50, Title 15 of the Delaware Code, as amended. The names of the candidates for each office shall be listed in alphabetical order on the voting machines under the name of the offices to which they seek election. The voters shall designate their choice of candidates in accordance with the regular method of operation of voting machines.

The Council may provide sample ballots plainly marked as such and printed on paper of any color except white to be distributed to any voter or candidate who requests them prior to or during an election.

Section 2. Amend Subsection (f) , Section 8 of Chapter 168, Volume 36, Laws of Delaware, 1929, as amended, by striking said subsection in its entirety and inserting in lieu thereof the following :

The Council shall provide for the use of voting machines in all municipal elections in conformity with Chapter 50, Title 15 of the Delaware Code, by ordinance duly adopted.

Section 3. Amend Section 8 of Chapter 158, Volume 36, Laws of Delaware, 1929, as amended, by adding the following subsection to be known as subsection (g):

(g) Any qualified voter, duly registered, who shall be unable to appear to cast his ballot at any election either because of being in the public service of the United States or of this State, or because he will be unavoidably absent from the City on the day of the election or because of his sickness or physical disability, may cast a ballot at such election by absentee ballot to be counted in the total of such election. The Mayor and Council may provide rules and regulations for such absentee voting by ordinance for all elections.

Section 4. Amend Section 7 of Chapter 158, Volume 36, Laws of Delaware, 1929, as amended, by striking the first paragraph of said section and by inserting in lieu thereof the following:

The mode of nomination of candidates for the Council and for Mayor shall be by petition signed by not less than ten (10) or more than twenty-five (25) electors of the City and filed with the Clerk of Council on or before 4 :00 P.M. o'clock of the last Friday of October of the year preceding the next regular municipal election. Should the last Friday of the month of October fall on a legal holiday, the filing shall be 4:00 P.M. o'clock on the next working day thereafter.

Approved June 25, 1973.