CHAPTER 414

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 526

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 1, 13, 19, 31, 45, 49 and 55, TITLE 15 OF THE DELAWARE CODE RELATING TO REGISTRATION RECORDS, SUPPLIES AND PLACES; REGISTRATION FOR MEMBERS OF MILITARY FORCES AND RELATED ORGANIZATIONS, PRIMARY ELECTIONS AND NOMINATIONS, POLL LISTS, GROUNDS FOR REFUSING TO ADMIT TO VOTING MACHINE, RESIDENCY OF VOTER, AND ABSENTEE VOTING.

Be it enacted by the General Assembly of the State of Dela ware.

Section 1. Amend §101 (8), Title 15 of the Delaware Code by inserting after the word "Independent," the word "decline,".

Section 2. Amend §1301, Title 15 of the Delaware Code by striking said section in its entirety.

Section 3. Amend §1302 (a), Title 15 of the Delaware Code by striking the words ", ward (if applicable)" as the same appear in Item (5) of the fourth paragraph of said subsection.

Section 4. Amend §1302 (a), Title 15 of the Delaware Code by striking Item (7) in its entirety and inserting a new Item (7) to read as follows:

"(7) Whether the applicant previously registered anywhere, and if so, the name under which and address at which he then resided;"

Section 5. Amend §1302 (a), Title 15 of the Delaware Code by striking Item (11) in its entirety and inserting in lieu thereof the words:

"(11) The party affiliation of the applicant or if the applicant does not choose to be affiliated with a political party, for entering the words 'independent', 'decline' or words equivalent thereto;"

Section 6. Amend § 1922, Title 15 of the Delaware Code by striking the figure "21" wherever it appears therein, and inserting in lieu thereof the figure "18".

Section 7. Amend §3124 (c), Title 15 of the Delaware Code by striking said paragraph (c) in its entirety.

Section 8. Amend §3125 (3), Title 15 of the Delaware Code by striking the word "lists" and inserting in lieu thereof the word "list".

Section 9. Amend §3174, Title 15 of the Delaware Code by striking said section in its entirety and inserting in lieu thereof the following:

"§3174. Death, Physical, Mental or Other Incapacity of a Nominee.

Whenever it shall be determined that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the vacancy shall be filled as provided in §3303 of this Title. If the vacancy occurs subsequent to the dates specified in §3303, it shall be filled in accordance with §3306 of this Title."

Section 10. Amend §4509 (2), Title 15 of the Delaware Code by striking said paragraph (2) in its entirety and inserting a new paragraph (2) to read as follows:

"(2) A printed form of poll list;"

Section 11. Amend §4938 (3), Title 15 of the Delaware Code by striking said paragraph (3) in its entirety and inserting in lieu thereof the following:

"(3) The person offering to vote is not a bona fide resident of the election district in whose record his name appears."

Section 12. Amend §4941, Title 15 of the Delaware Code by striking the words "does not meet the residency requirements of Article V, §2, Consitution of the State," as they appear in the first sentence of said section, and inserting in lieu thereof the words "is not a bona fide resident of the election district in whose record his name appears,".

Section 13. Amend §5503, Title 15 of the Delaware Code by striking subsections (a) and (b) in their entirety, designating subsection (c) of said section as new subsection (b), and by adding thereto a new subsection (a) to read as follows:

"(a) Any elector desiring to receive an absentee ballot because he qualifies under any of the reasons set forth in §5502 of this Title shall file an affidavit with the Department of Elections for that county, subscribed and sworn to by him before an officer authorized by law to administer oaths. The affidavit shall be dated not more than ninety days prior to the day of the election. It shall state the reason why he cannot appear at the regular polling place for his election district on the day of the election, his birthdate, Social Security number, his expected location, including his address and a telephone number (if available) to be used for the purpose of challenge on election day, and, if sick or disabled, the name and the address of a physician or Christian Science practioner who can attest to the elector's inabliity to go to his polling place on the day of the election. The Department shall mail or deliver the official ballot, envelopes, and instructions to the electors as soon as possible after receiving the affidavit."

Section 14. Amend §5505, Title 15 of the Delaware Code, by striking the words "a carrier envelope marked 'Carrier Envelope'. "as they appear at the end of the sentence of said section and inserting in lieu thereof the words "a mailing envelope marked 'Mailing Envelope'."

Section 15. Amend §5506, Title 15 of the Delaware Code by striking the word "Hundred" as the same appears in the second paragraph thereof.

Section 16. Amend §5507 (b), Title 15 of the Delaware Code by striking the word "carrier" as the same appears therein and inserting in lieu thereof the word "mailing".

Section 17. Amend §5507 (c) Title 15 of the Delaware Code by striking the phrases "a carrier envelope" and "the envelopes used by the Department of Elections" as the same appear therein and inserting in lieu thereof the phrases "a mailing envelope" and "the carrier envelope used by the Department of Election", respectively.

Section 18. Amend §5509, Title 15 of the Delaware Code by striking the words "carrier envelope" wherever the same appear in said section and inserting in lieu thereof the words "mailing envelope".

Section 19. Amend §5511 (a), Title 15 of the Delaware Code by striking the words "carrier envelope" wherever they appear in said subsection and inserting in lieu thereof the words "mailing envelope".

Delaware Code by striking said paragraph (c) in its entirety.

Section 21. Amend §5512, Title 15 of the Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §5512 to read as follows:

"§5512. Special Carrier Envelope Used to Convey Absentee Ballots to Polling Place; Form.

Before the absentee ballots are conveyed to each polling place, the Department shall securely seal all absentee ballots for each election district in one or more carrier envelopes which shall have printed thereon the following:

ABSENTEE BALLOTS
for the

Election District, of the Representative District, of County.

This carrier envelope contains absentee voter ballots and shall be opened only at the polls of said election district on election day while said polls are open. This carrier envelope and the enclosed voucher envelope(s) shall be preserved by the Inspector and at the close of the count, shall be placed in the ballot box, into which the ballots have been put when read, and returned therewith."

Section 22. Amend §5513, Title 15 of the Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §5513 to read as follows:

"§5513. Delivery of Absentee Ballots to Polling Places.

the marked ballot shall be safely and securely kept in its office until the day of the election when it shall be delivered to the election district in which, according to the voucher envelope, the absentee voter is resident.

A duly authorized representative of the Department shall deliver all such voucher envelopes, sealed in one or more carrier envelopes as set forth in §5512, to the Inspector of Elections at the polling places of the absentee voters' respective election districts after the opening of the polls and at least four hours before the closing of the polls. The representative, who shall carry suitable identification provided by the Department, shall obtain a receipt from each inspector for delivery of the absentee ballots."

Approved May 22, 1976