HOUSE BILL NO. 643
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND
SENATE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 15 OE THE DELAWARE CODE RELATING TO VOTER REGISTRATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 13. Title 15 of the Delaware Code, by renumbering the existing Sections 1301 through 1305 as Sections 1304 through 1106 respectively and by inserting a new section 1303 to read:
"§ 1303 Confidentiality of addresses.
(a) A person may' petition the Superior Court for an order to have his or her address, which is required to be placed on voter application, registration, or transfer records, kept confidential upon a showing of a legitimate need and lawful purpose. Upon submission to the Commissioner of Elections and Department of Elections for the county in which the voter seeks to register of a certified copy of the court order granting confidentiality, the person's address shall he removed from all voter records available for public inspection, as long as the submission is not twenty-one (21) days prior to an election, in which case the person's address shall he removed from the voter record, within seven 7) days after the election.
(b) Following submission of the court order, the person's address may not be made available for public inspection or copying except under the following circumstances:
(1) If requested, to a law enforcement agency: or
(2) If directed by a court order, to a person identified in the order. Within 3 days of the date of any disclosure of a confidential address under Subsection (b)(2) or this section, the Commissioner of Elections shall give to the person whose address was disclosed written notification of the disclosure, the name of the person to whom the information was disclosed, and the reason for the disclosure. The Commissioner may attach a copy of the court order to satisfy these requirements. A person to whom disclosure is made under Subsection (b)(2) of this section shall sign a statement agreeing to keep such information confidential.
(d) Any address rendered confidential pursuant to this section shall remain confidential for as long as the Court shall order.
(e) Unlawful acts and penalties
(1) Procurement for unlawful purposes. It shall be unlawful for person knowingly to obtain or disclose any address front voter records that is rendered confidential fir any use not permitted under this section.
(2) False representation. It shall be unlawful for any person to make false representation to obtain from voter records a person's address that has been rendered confidential under this section.
Any person requesting the disclosure of personal information from voter registration records who misrepresents his identify or knowingly makes a false statement in order to obtain restricted information or who knowingly violates any other provision of this chapter shall be guilty of a class A misdemeanor.-
Section 2 Severability. If a court of competent jurisdiction determines that any provision of this Act is unconstitutional or invalid, the remaining provisions of this Act shall have the full force and effect of law.
Section 3. Effective Date. This Act shall become effective thirty days after its enactment into law
Approved July 17, 1996