CHAPTER 455

FORMERLY

SENATE BILL NO. 516

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 19 AND 55, TITLE 15, DELAWARE CODE, RELATIVE TO ABSENTEE BALLOTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5502(1), Chapter 55, Title 15, Delaware Code, by adding thereto the following:

"is 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; or".

Section 2. Amend 95503(a), Chapter 55, Title 15, Delaware Code, by striking the phrase "§5502" as it appears therein and inserting in lieu thereof the following:

"§5502 (3), (4), (5), or (6)".

Section 3. Amend §5503(b), Chapter 55, Title 15, Delaware Code, by striking said subsection in its entirety and inserting in lieu thereof the following:

"(b) Any elector desiring to receive an absentee ballot because he qualifies under any of the reasons set forth in §5502(1) or §5502(2) may execute an affidavit sworn to by the elector, under penalty of perjury, with the department of elections for that county. The affidavit shall be dated during the calendar year in which the election is to be held. 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 birth date, his 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. The department may hold an affidavit dated more than 90 days prior to an election until 90 days prior to the election, and shall mail the official ballot, envelopes, and instructions to the elector as soon as possible thereafter."

Section 4. Amend §5506, Chapter 55, Title 15. Delaware Code, by designating the existing section as subsection (a) and adding thereto a new Subsection (b) to read as follows:

"(b) Any elector who receives an absentee ballot because he qualifies under any of the reasons set forth in §5502(1) or §5502(2) may subscribe to and swear a self-administered oath, under penalty of perjury, affirming that he was not solicited or advised to vote for or against any candidate."

Section 5. Amend §5509, Chapter 55. Title 15, Delaware Code, by inserting between the words "absentee voter" and the words "shall make and subscribe" the following:

"who qualified for his ballot under any of the reasons set forth in §5502 (3), (4). (5), or (6)".

Section 6. Amend §5509. Chapter 55, Title 15, Delaware Code, by designating the present Section as Subsection (a) and adding thereto a new Subsection (b) to read as follows:

"(b) An absentee voter who qualified for his ballot under any of the reasons set forth in §5502(1) or §5502(2) may make and subscribe to the affidavit printed on the vouvher envelope under a self- administered oath, under penalty of perjury. Such voter shall comply with all other procedures outlined in this Section.

Section 7. Amend Chapter 55. Title 15. Delaware Code, by designating §5523 as §5525 and inserting a new §5523 and §5524 to read u follows:

"§5523. One Absentee Ballot Request to Cover all Elections for Members of the Armed Forces and Certain Other Electors.

Any qualified elector who has applied for an absentee ballot because he qualifies under any of the reasons set forth in §5502(1) or §5502(2) of this Chapter shall qualify for an absentee ballot in any primary, general, or special election occurring during the calendar year in which he has qualified for an absentee ballot in any election.

§5524. Procedures for Voting with Special Write-In Absentee Ballot by Qualified Absentee Electors.

reasons set forth in §5502(I) or §5502(2) of this Chapter may apply during the calendar year in which an election is to be held for President, United States Senator, or Representative in Congress for a special write- in absentee ballot. This ballot shall be for President, United States Senator, or Representative in Congress.

(b) The application for a special write-in absentee ballot may be made on the federal postcard application form or on a form prescribed by the Commissioner of Elections.

(c) in order to qualify for a special write-in absentee ballot, the voter must state under oath and under penalty of perjury that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated or extremely remote areas of the world. This statement may be made on the federal postcard application or on a form prepared by the Commissioner of Elections and supplied and returned with the special write-in absentee ballot.

(d) Upon receipt of such application, the appropriate department of elections may hold said application until 90 days prior to an election and mail the ballot as soon thereafter as possible. The special write-in absentee ballot shall be in a form prescribed and provided by the Commissioner of Elections and shall permit the elector to vote by writing in a party preference for each office, or the name of the person whom the voter prefers for each office."

Section '1. The provisions of the Overseas Citizens Voting Rights Act of 1975 are hereby incorporated as a part of this Title.

Section 8. Amend §1906(b). Chapter 19. Title 15. Delaware Code, by striking the period (.) at the end of the first sentence thereof and inserting in lieu thereof the following:

", or. in the absence of one of the above. may be self-administered and sworn to, under penalty of perjury."

Section 9. Amend §1907, Chapter 19, Title 15, Delaware Code, by designating the existing Section as Subsection (a) and adding thereto a new Subsection (b) to read as follows:

"(b) Any person who meets the tests laid down in §1901(b) may subscribe to a self-administered oath, under penalty of perjury, in the absence of any of those authorized to execute the affidavit under the provisions of §1906(b) of this Chapter."

Approved July 8, 1986.