CHAPTER 343

FORMERLY

HOUSE BILL NO. 400

AS AMENDED BY

HOUSE AMENDMENT NO. 1, SENATE AMENDMENT NO. 3

AND

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

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

Section 1. Amend § 3101(3), Title 15 of the Delaware Code, by striking the phrase “first Saturday next following the first Monday in September” and by substituting in lieu thereof the phrase “second Tuesday in September”.

Section 2. Amend § 3127, Title 15 of the Delaware Code, by adding thereto the following sentence:

“Each county department of election may require any individual polling place, that is located in a state facility, public school, or other government owned or operated facility within the county, to be closed to persons other than the voters voting on the day of the primary election if it finds that the polling place cannot or will not provide sufficient access and facilities for the purposes of the primary election without such closure. No county department shall exercise its authority to close a state facility, public school or other government-owned and operated facility without prior consultation with the authorized representative of such facility and such consultation shall include all reasonable efforts to resolve any access issues that may exist without the need to close such facility.”

Section 3. This Act shall become effective on January 1, 2005.

Approved July 12, 2004