CHAPTER 515

FORMERLY

HOUSE BILL NO. 378

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

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

Section 1. Amend § 1076(b), Chapter 10. Title 14 of the Delaware Code by striking the words "clerk of the peace or his or her successor and inserting in lieu thereof the following:

"the appropriate Department of Elections for each county"

Section 2. Amend § 1076(c), Chapter 10. Title 14 of the Delaware Code by striking the words "clerk of the peace or a person designated by him or her" and inserting in lieu thereof the following:

"the appropriate Department of Elections-

Section 3. Amend § 1076(d), Chapter 10. Title 14 of the Delaware Code by striking the words "clerk of the peace or his or her successor or and inserting in lieu thereof the following:

"Department of Elections for"

Section 4. Amend § 1076(e), Chapter 10. Title 14 of the Delaware Code by striking the words "leys court or county council or and inserting in lieu thereof the following:

"Department of Elections or

Section 5. Amend § 1076(1). Chapter 10, Title 14 of the Delaware Code by striking the words "such recognized school district" and inserting in lieu thereof the following:

-the appropriate Department of Elections"

Section 6. Amend § 1076(g), Chapter 10, Title 14 of the Delaware Code by striking the %%oafs "by the recognized school district or districts" and inserting in lieu thereof the following:

"by the Department of Elections that conducts said election(s)"

Section 7. Amend § 1076(h), Chapter 10, Fide 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

"(h) In the event there is no contest for the election of school board members, it shall not be required to conduct such an election.''

Section 8. Amend § 1078(4). Chapter 10. Title 14 of the Delaware Code by deleting the subsection if its entirety.

Section 9. Amend § 1078(5), Chapter 10, Title 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

(4) Whether the voter has voted in any other voting place or by absentee ballot in the reorganized school district at this election.

For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, an election official shall require the person offering to vote to produce reasonable identification of his or herself and their place of residence in the school district. The said identification may be:

a. Delaware driver's license

b. Delaware ID card

c. Work II) card with photo address

d. if S. postal material

Any person failing to produce reasonable identification of his or herself shall not be permitted to vote. If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the election officials assigned to that polling place."

Section 10. Amend § 1079, Chapter 10, Title 14 of the Delaware Code by deleting the section in its entirety.

Section 11. Amend § 1081, Chapter 10. Title 14 of the Delaware Code by deleting the section in its entirety.

Section 12. Amend § 1082, Chapter 10, Title 14 of the Delaware Code by deleting the section in its entirety find inserting in lieu thereof the following:

"§ 1082. Official Record.

Before a ballot is issued to a voter or before a voter is permitted to enter a voting machine, the voter shall complete an affidavit attesting to his or her eligibility to vote in a school election. the said affidavit shall he printed in three (3) copies. The first copy shall be preserved by the appropriate department of elections for one (1) year following the close of the election. The second copy shall he presented to the appropriate school board no later than the close of business on the third day following the close of the election. His third copy shall he maintained in alphabetical order by the appropriate department of elections for one (1) year following the close of the election. At the end of the said year, these documents shall be destroyed."

Section 13. Amend § 1083(c), Chapter 10, Title 14 of the Delaware Code by striking the words "the election officers" and inserting in lieu thereof the following:

"The appropriate department of Elections"

Section 14. Amend § 1084(a), Chapter 10, Title 14 or the Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

"(a) The type and form of the certificate of election and all other school election documents shall he determined by the Commissioner of Elections, and shall be uniform throughout the State."

Section 15. Amend § 1084(b), Chapter 10. Title 14 of the Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

(b) The several Departments of Elections shall have and retain custody of all books. maps, forms. oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to any school election conducted by the respective department for one ( 1 ) year following the close of the election.-

Section 16 Amend § 1084(c) Chapter 10, Title 14 of the Delaware Code by deleting the section in its entirety.

Section 17. Amend § 1086(a), Chapter 10, Title 14 of the Delaware Code by striking the words with the school district office at least 1 day prior to the day of the election" and inserting in lieu thereof the following:

"with the appropriate county department of elections by 12:00 noon, local time of the day prior to the election"

Section 18. Amend §1086(b), Chapter 10. Title 14 of the Delaware Code by striking the words the school district shall" and inserting in lieu thereof the following:

"the department of elections shall"

Section 19. Amend § 1086(b)(1), Chapter 10, Title 14 of the Delaware Code by striking the words "school district office: or" and inserting in lieu thereof the following:

"appropriate department of elections office: or"

Section 20. Amend §1086(b)(2) Chapter 10, Title 14 of the Delaware Code by deleting the paragraph in its entirety and inserting in lieu thereof the following:

"(2) follow the instructions contained within the elector's affidavit to mail the official ballot and instructions to the elector provided that the affidavit is received by the department of elections by at least 12:00 noon, local time, of the fourth day prior to the election "

Section 21. Amend §1086(b), Chapter 10. Title14 of the Delaware Code by adding the following paragraph:

"(3) Nothing contained in this subsection shall proem the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon. local time. (the day prior to any school election when the request is made less than 3 day s prior to the day of the election."

Section 22. Amend §1086(b),Chapter 10 Title 14 of the Delaware Code by inserting the following paragraph

"(4) All absentee ballots must be returned to the appropriate department of elections prior to the closing of the polls on the day of the election All absentee ballots received after the closing of the polls shall be voided and not opened. with absentee ballot received in this manner shall be stamped w it h the date and time it was received and initialed by a representative of the department and retained as part of the official election record "

Section 23 Amend §1072(b) Chapter 10, Title 14 of the Delaware Code by striking the phrase "the school board of each reorganized school district" in the first sentence and inserting in hen thereof the following:

"The appropriate Department of Elections Office"-

Section 24. Amend §1072(b), Chapter 10, Title 14 of the Delaware Code by striking the words "the school board" in the fourth sentence and inserting in lieu thereof the following:

"the appropriate Department of Elections office"

Section 25 Amend §1073. Chapter 10 Title14 of the Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

"§ 1073 Election Officers.

The appropriate Department of Elections shall appoint election officers as shall lie necessary in order to properly stall each designated polling place in the reorganized school district...Section 26. Amend § 1074(a), Chapter 10, Title 14 of the Delaware Code by striking the words "The clerk of the peace, or his successor," in the first sentence and inserting in lieu thereof the following:

"The Department of Elections"

Section 27. Amend § 1074(c), Chapter 10, Title 14 of the Delaware Code by striking the words "the school board in accordance with this chapter." in the first sentence and inserting in lieu thereof the following:

"the Department of Elections in accordance with this chapter."

Section 28. Amend § 1075(1), Chapter 10, Title 14 of the Delaware Code by deleting the paragraph in its entirety and inserting in lieu thereof the following:

"At least 60 days before the day of the election, nominations shall be filed with the department of elections of the county in which the reorganized school district is located, except that, if a reorganized school district is located in 2 counties, nominations shall be filed with the department of elections of the county in which the office of the superintendent of schools is located. In computing the time period prescribed above, if the last day of the period so computed is a Saturday, a Sunday or a legal holiday, then the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday Such notification of candidacy shall be withdrawn on a form promulgated by the Commissioner of Elections and executed at the appropriate department of elections.-

Section 29. Amend § 1075(2), Chapter 10, Title 14 of the Delaware Code by deleting the paragraph in its entirety.

Section 30. This Act shall become effective upon the enactment of a formula by the General Assembly to determine the allocation of costs of administering school elections between local school districts and the State, and of specific appropriations to fund the State's share or such allocation.

Approved July 17, 1996