CHAPTER 271

FORMERLY

SENATE BILL NO. 283

AS AMENDED BY SENATE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ABSENTEE VOTERS IN SCHOOL DISTRICT ELECTIONS.

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

Section 1. Amend Title 14, §1086(a) of the Delaware Code by deleting said subsection in its entirety and replacing said subsection with the following:

"(a) Any individual qualified to vote in a school district election who shall be unable to appear to cast their ballot at the polling place of their school district on the date of the election may cast their vote by absentee ballot provided that the voter qualifies under one of the provisions of Title 15, §5502 and files an affidavit of eligibility, in a form prescribed by the State Commissioner of Elections, with the school district office at least 1 day prior to the election."

Section 2. Amend Title 14, §1086(b) of the Delaware Code by deleting said subsection in its entirety and replacing said subsection with the following:

"(b) The State Commissioner of Elections shall develop an official absentee ballot for school district elections which shall include envelopes, ballots and instructions similar to those provided for in Chapter 55 of Title 15.Upon receipt of the

"(c) executed affidavit of eligibility, by at least 12 noon of the day prior to the election, the school district shall:

1) deliver an official ballot to the elector if the elector personally appears at the school district office; or

2) follow the instruction contained within the elector's affidavit of eligibility to either:

i. mail the official ballot and instructions to the elector within 3 business days of the later of the receipt of the executed affidavit of eligibility or the official ballot, but at least 3 days prior to the election, provided that the affidavit of eligibility is received at least 3 days prior to the election; or

ii. deliver the official ballot and instructions to a person designated by the elector upon the designated person's appearance at the school district office during normal working hours at least 1 day prior to the election."

Section 3. The provisions of this Act shall become effective 90 days after its enactment into law.

Approved June 27, 1994.