CHAPTER 359

FORMERLY

SENATE BILL NO. 385

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 50, OF TITLE 15, DELAWARE CODE AND CHAPTERS 10, 19 AND 21 OF TITLE 14, DELAWARE CODE RELATING TO THE MANDATORY REQUIREMENT FOR THE USE OF VOTING MACHINES, WITH CERTAIN EXCEPTIONS, IN ELECTIONS HELD UNDER THE PROVISIONS OF TITLE 14, DELAWARE CODE.

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

Section I. Amend §5003, Chapter 50, Title 15, Delaware Code by striking the third

sentence beginning with the words "Voting machines" and ending with the words "Title 14" as the same appears therein and substituting in lieu thereof the following: "Voting machines shall be used In elections held under Title 14, Delaware Code."

Section 2. Amend §1908, Chapter 19, Title 14, Delaware Code by striking said section in Its entirety and substituting a new §1908 to read as follows:

"§1908 Method of voting; referendum to transfer tax funds

(a) For an election under this Chapter to Increase taxes, the election shall be

conducted by the use of voting machines. The words For Additional Tax" and "Against Additional Tax" shall appear on the machine next to the appropriate levers

(b) For an election under this Chapter for the purpose of increasing the real estate tax under this Chapter, while simultaneously decreasing the real estate tax under Chapter 21 of this Title by the same amount, the election shall be conducted by the use of voting machines. The words For the Tax Transfer" and "Against Tax Transfer" shall appear on the machine next to the appropriate levers."

Amend §1910 (a) and (b), Chapter 19, Title 14, Delaware Code by striking said subsections In their entirety and substituting in lieu thereof the fr''owing:

"(a) If ten or more voters of the district in which the election, under §1903 of this Title, is held shell petition for a recount before the day for announcing the result to the State Board of Education, if the election Is held in any school district, the machine count In the district shall be recounted and the results shall be announced In accordance with such recount. If a recount is conducted pursuant to this section the voting machines shall be impounded and/or securely locked by the Attorney General of this State or his designee.

(b) The machine count shall be retained and kept safely under instructions from the Attorney General or his designee until the day for announcing the result and shall be delivered to the board making the recount when called for by It."

Section 3. Amend §1076, Chapter 10, Title 14, Delaware Code by striking said section In

Its entirety and substituting a new section to read as follows:

"§1076. Voting_Machines: Election Supplies' Cost

(a) School elections shall be conducted by the use of voting machines

(b) The Clerk of the Peace, or her successor, of each county shall cause to appear on the machines next to the appropriate levers the following:

(I) For the election of school board members, the names of all persons nominated shall be listed alphabetically without political party designation.

(2) For consolidation, the division or change of boundaries of reorganized school districts the voting machine shall briefly state the question and provide for voting for or against the proposal, with such words:

For the Proposal Against the Proposal

(a) The Clerk of the Peace or a person designated by him shall supervise the setting for the machines to denote the choices indicated In subsection (b) of this section and shall In advance of the date of the election Instruct the designated election officers In the proper use of the machines.

(d) The needed election supplies shall be provided by the Clerk of the Peace, or her successor, of the county, In which the reorganized school district is located.

(a) The cost of necessary election supplies, publication of notices shat) be paid by the Levy Court or County Council of the county In which the reorganized school district is located.

(a) Any reorganized school district shall use voting machines and such reorganized school district shall pay the transportation for the voting machines and other necessary charges for the use of such voting machines.

(b) In case of an election for the consolidation, division or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the reorganized school district or districts.

(a) In the event there Is no contest for the election of school board members, then, the district shall not be required to conduct such an election by the use of voting machines."

Section 4. Amend §2122 (g) and (h) of Chapter 21, Title 14, Delaware Code by striking said subsection (g) and (h) In their entirety and substituting In lieu thereof the following:

"(g) An election under this Chapter for the purpose of authorizing a bond Issue shall be conducted by use of voting machines. The words For the bond issue" and "Against the bond issue" shall appear on the machine next to the appropriate levers.

(h) An election under this Chapter for the purpose of increasing the real estate

tax rate under Chapter 19 of this Title, while simultaneously decreasing the real estate tax rate under this Chapter by the same amount, shall be by the use of voting machines. The words "For the Tax Transfer" and "Against the Tax Transfer" shall appear on the machine next to the appropriate levers."

Section 5. Notwithstanding any other provision within Title 14, Delaware Code to the

contrary the provisions of this Act shall prevail; namely, that voting machines shall be utilized in all school related elections.

Approved July 12. 1988.