CHAPTER 354

FORMERLY

HOUSE BILL NO. 434

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 3, 15, 17, 20, 30, 31, 47, AND 49 OF TITLE 15, OF THE DELAWARE CODE RELATING TO REGISTRATION, REGISTRATION OFFICERS, ELECTION OFFICERS, TIME DIRECTIVES AND AGE RESTRICTIONS, AND ELECTION LAWS.

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

Section 1. Amend Section 306, Chapter 3, Title 15, Delaware Code by deleting the words "June" and "July" and inserting in lieu thereof the words "April" and "May", respectively.

Section 2. Amend Section 307, Chapter 3, Title 15, Delaware Code by deleting the words "delivered by as they appear in subsection (c) and inserting in lieu thereof the words "available from".

Section 3. Amend Chapter 15, Title 15. Delaware Code by deleting it in its entirety.

Section 4. Amend Chapter 17, Title 15, Delaware Code by renaming it as "REMOVAL PROCEDURES FOR REGISTRATION RECORDS".

Section 5. Amend Subsection 1703(a), Section 1703, Chapter 17, Title 15, Delaware Code by deleting the words and date of birth" and by inserting in lieu thereof the words ", date of birth, and social security number if available".

Section 6. Amend Subsection 1705(a), Section 1705, Chapter 17, Title 15, Delaware Code by the words "21 years of age" and inserting in lieu thereof the words "18 years of age".

Section 7. Amend Section 1722, Chapter 17, Title 15, Delaware Code by deleting the

first paragraph in subsection (a) and subparagraphs (3), (5) and subsection (b) in their entirety; redesignate present paragraph 1, 2, and 4 as subsections (a), (b), (d) and inserting new subsections (c), (e), (f) as follows:

"(c) If unable to sign, the applicant shall make his mark on the application for registration and the original and duplicate permit registration records initialed by the registration officers. If the applicant is unable to sign or make his mark because of physical disability, the registration officers shall indicate the fact in the space provided for the signature of the applicant upon the registration records, and they shall sign the application for registration and initial the original and duplicate permanent registration records the same as in other cases.

(e) The registration officers shall record the name and address of each applicant upon a separate list of registered voters in the order in which they appear at the registration place to be registered.

(f) At the end of the registration day, the registration officer shall deliver to the department all of the sets of registration records supplied by the department aiong with the list of all transactions."

Section 8. Amend §1728(a), Chapter 17, Title 15, Delaware Code by deleting the word "inventory" as it appears in the first sentence of subsection (a).

Section 9. Amend Subsection 1728(a), Section 1728, Chapter 17, Title 15, Delaware Code by deleting the word "inventory" as it appears in the second sentence of subsection(a) and substituting in lieu thereof the word "records".

Section 10. Amend Subsection 1728(b), Section 1728, Chapter 17, Title 15, Delaware Code by deleting the words "registered mail" as they appear in the second sentence of said subsection and inserting in lieu thereof the words "first class mail"; and by deleting the word "typewritten" as it appears in the last sentence of said subsection and inserting in lieu thereof "typed or written".

Section 11. Amend Section 1725 and 1728, Chapter 17, Title 15, Delaware Code by deleting the word "registrar" and inserting in lieu thereof the words "registration officer" as they appear throughout Sections 1725 and 1728.

Section 12. Amend Chapter 17, Title 15, Delaware Code by deleting Sections 1721,-1723, 1724, 1726, 1727 in their entirety and renumbering Sections 1722, 1725, and 1728 as "Subchapter II Procedure at Registration Place, Sections 2011 through 2013" respectively,

Section 13. Amend Subsection 1742(a), Section 1742, Chapter 17, Title 15, Delaware Code by inserting the word "anew" after the words such person must register" as they appear in the first sentence.

Section 14. Amend Section 1745, Chapter 17, Title 15, Delaware Code by deleting the words ", and the Commissioner shall cause a new punch card to be made for the applicant and file it in the proper place" as they appear in the last sentence.

Section 15. Amend Chapter 17, Title 15, Delaware Code by redesignating "Subchapter III, Sections 1741 through 1749" as "Subchapter VI, Section 2041 through 2049", respectively.

Section 16. Amend Chapter 20, Title 15, Delaware Code by renaming Chapter 20 as "Office and Mobile Registration•, Registration by Mali".

Section 17. Amend Chapter 20, Title 15, Delaware Code by renumbering existing "Subchapter II, Sections 2002 through 2006" as Subchapter III, Sections 2021 through 2025, respectively.

Section 18. Amend Chapter 20, Title 15, Delaware Code by renumbering existing "Subchapter III, Sections 2012 through 2015" as "Subchapter IV, Sections 2031 through 2034", respectively.

Section 19. Amend Chapter 20, Title 15, Delaware Code by striking Subchapter I and §2001 in their entirety and adding a new Subchapter I to read as follows:

"Subchapter I. Registration Officers; Office Registration.

Section 2001. Appointment.

The department shall appoint as registration officers a sufficient number of registered voters to conduct registration in the department's central office.

Section 2002. Appearance of registration officers for taking of oath and instruction.

Each person appointed under Section 2001 of this title shall appear before the department to qualify by taking and subscribing to the prescribed oath (or affirmation) and to receive suitable instruction after due notice from the department, which shall be given at least 7 days before the times appointed for the appearance of the registration officers. No person shall be excused from the obligation unless he shall have become disqualified by sickness, disability or otherwise.

Section 2003. Oath of office for registration officers.

(a) Each person appointed under Section 2001 of this title shall take and subscribe before the department before beginning his duties the following oath (or affirmation):

, residing in election district of the representative district in county, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of registration officer in county, according to the best of my ability.

(b) Any board of elections member, administrative director, deputy administrative director or other authorized agent of the department may administer this oath (or affirmation).

Section 2004. Certificate of appointment.

Each department shall deliver a certificate of appointment to whomsoever it shall appoint and who shall be sworn into office as registration officers. Such certificate shall be In such form as shall be prescribed by the department and shall include the date of the expiration of his term of office.

Section 2005. Vacancies.

If any vacancy occurs in the office of the registration officer before the expiration of the full term, from any cause whatsoever, the department shall appoint some suitable person to fill such vacancy who shall serve for the residue of such unexpired term who shall possess the same qualifications and be qualified in the same manner and who shall possess the same powers and perform the same duties as the original appointee.

Section 2006. Special powers of registration officers during registration.

Each of the registration officers shall, in addition to the other powers conferred upon him by law, have, during the respective times of the appointed sittings for registration; the power to:

(a) Preserve order and enforce obedience to his lawful commands at or around the place of registration;

(b) Keep access to such place open and unobstructed;

(c) Protect and keep safe the registration records while in his and the assistant registration officer's custody and possession.

(d) Administer oaths or affirmations."

Section 20. Amend Subsection 3002(d), Chapter 30, Title IS, Delaware Code by deleting the words "August 15" and inserting in lieu thereof the words "July 15".

Section 21. Amend Subsection 3106(e), Chapter 31, Title 15, Delaware Code by inserting the words at the time of filing" at the end of subsection (e).

Section 22. Amend Section 4701, Chapter 47, Title 15, Delaware Code by deleting it in its entirety and adding in lieu thereof a new section to read as follows:

"Section 4701. Appointment; term.

(a) The county executive committee of each of the 2 principal political parties shall submit to the department no later than February 1 of each general election year a list containing the names of 8 registered voters for each election district in the county. The department shall appoint all election officers, including clerks, from these lists; provided, that if the lists are not filed with the department by February 1 or If the number of names submitted are not sufficient, the department shall select some qualified person or persons shown on its records to be registered in the appropriate political party.

(b) During the month of April in each general election year, each department shall appoint for each election district in its county 1 inspector; 2 judges of election, 1 from each of the 2 principal political parties; and 2 clerks of election, 1 from each of the 2 principal political parties, provided that where the election district has fewer than 100 voters of a principal political party, the department may appoint such party's clerk or clerks of election from a different election district within the same representative district. The terms of the inspectors, judges, and clerks of election shall extend from the day of their appointment to April 1 of the next general election year. They shall appear before the department to qualify by subscribing to the proscribed oath (or affirmation) and receiving suitable instruction in the manner provided for all officers in Sections 4702 and 4703 of this title.

Whenever an election district is to be provided more than 1 voting machine, 2 additional clerks, 1 from each principal political party, shall be appointed for each additional voting machine. These additional appointments shall be made in April whenever the number of additional voting machines is known to the department. Subsequent additional appointments shall be made as soon as practicable after the department determines the need for additional voting machines in an election district."

Section 23. Amend Subsection 4703(a), Section 4703, Title 15, Delaware Code by deleting the words "registrar or assistant registrar".

Section 24. Amend Chapter 47, Title 15, Delaware Code by renumbering existing Sections 4702 through 4705 as Sections 4705 through 4708, respectively.

Section 25. Amend Chapter 47, Title 15, Delaware Code to add a new section 4702 to read as follows:

"Section 4702. Appearance of election officers for taking of oath and instruction.

Each person appointed under Section 4701 of this title shall appear before the department to qualify by taking and subscribing to the prescribed oath (or affirmation) and to receive suitable instruction after due notice from the Department, which shall be given at least 7 days before the times appointed for the appearance of the election officers. No person shall be excused from the obligation unless he shall have become disqualified by sickness, disability or otherwise."

Section 26. Amend Chapter 47, Title 15, Delaware Code to add a new Section 4703 to read as follows:

"Section 4703. Oath of Office for Election Officers.

(a) Each person appointed under Section 4701 of this title shall take and subscribe before the department before beginning his duties the following oath (or affirmation): I, ___, residing in ________ election district of the representative district In county, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of election officer for the election district of the representative district in county, according to the best of my ability.

(b) Any board of elections member, administrative director, deputy administrative director or other authorized agent of the department may administer this oath (or affirmation)."

Section 27. Amend Chapter 47, Title 15, Delaware Code to add a new Section 4704 to read as follows: "Section 4704. Certificate of Appointment.

Each department shall deliver a certificate of appointment to whomever it shall appoint and who shall be sworn into office as inspector, judge, or clerk of election. Such certificate shall be in such form as shall be prescribed by the department and shall specify the election district for which the persons to whom it Is issued is appointed and the date of the expiration of this term of office."

Section 28. Amend Section 4911, Chapter 49, Title 15, Delaware Code to delete existing subsections (a) and (b), redesignating existing subsection (c) as subsection (b), and Inserting a new subsection (a) to read as follows:

"During the hours that a primary, general, or special election is open, there shall be displayed at or near the entrance of each polling place so as to be readily visible, a United States flag and a black and white flag or paperboard sign at least 20 inches by 30 Inches in size. The flags or signs shall be provided by the department. The black and we flags and signs shall be white with black letters bearing the words "POLLING PLACE."

Approved July 16, 1990.