AN ACT to amend Chapter 33, Volume 17, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION I. That Chapter 33, Volume 17, Laws of Delaware, be and the same is hereby amended as follows:
Strike out Section 3 (three) of said act.
Amend Section 6 (six) of said act by striking out all after the word "same" in the sixth line thereof and inserting in lieu thereof the following: "and at least sixty days before the first day of the term of court at which said contest shall be tried or called for trial, file with the prothonotary of the Superior Court of this State in and for the county in which said contest is made a full, particular and explicit statement, setting forth fully and specifically the names of any and all officers and judges upon the mal-conduct of whom he will rely and respecting which he intends to procure evidence, and setting forth the precincts of election districts of such officers and the particular mal-conduct of each respectively, the names and residences of the witnesses and the substance of their testimony by whom he expects to prove such mal-conduct; and if such contest shall be based upon the second ground, as set forth in Section 1, such statement shall specifically, fully and explicitly state the grounds and causes of the ineligibility of the person whose right to the office is contested; and when such contest shall be made for causes comprised within the third item of said Section I the said statement shall explicitly, fully and clearly state the name of any elector, inspector, judge, clerk or other person to whom any bribe or reward shall have been offered, and the time, place and amount of such bribe or reward, and the name and residence of the witnesses by whom the contestant expects to prove the offering of any bribe or reward, with a brief statement of their testimony. And when the ground of the contest shall be on the ground of illegal votes, such statement shall specifically, fully and explicitly set forth the names, residences and respective causes of disqualification of each person alleged to have illegally voted, the polls at which such illegal vote has been received, the names of the election officers favoring the acceptance of such vote, whether such vote was challenged by the duly accredited challenger of the party of which the contestant was the candidate, and whether all the judges or inspectors present at such polls concurred in accepting and receiving such vote; and if it shall appear that all of such judges or inspectors concurred in accepting or receiving such vote, or that the right of the voters respectively to deposit such votes was not at the time challenged by the duly accredited challenger of the party of which the contestant was a candidate, the legality or illegality of such vote shall not be brought into question in any such contest; and the said statement shall further set forth the names and residences of the witnesses who will be produced on behalf of the contestant to prove such illegal votes and the substance of the testimony to be given by each; and at the trial of any contest, cause or proceeding to be instituted or continued, or which has been instituted or will be continued under the provisions of this act or of the act to which this act is an amendment, the contestant or plaintiff shall be limited in his proof and in the admission of evidence to the witnesses named in named in said statement, and the witnesses shall be limited in their testimony to the facts set forth in the statement filed and delivered as aforesaid with respect to which it shall be therein alleged that they will be expected to testify; said statement shall be verified by the oath of the contestant that the matters therein set forth are so far as they relate to his own act and deed and that what relates to the act and deed of any other person he believes to be true.
SECTION. 2. Strike out Sections 7 and 8 and amend Section 9 thereof by striking out all after the word "Docket," in the third line and before the word "of," in the tenth line thereof, and inserting in lieu thereof the following: "and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the said court to make such defense as he may have in said case, which citation shall be delivered to the sheriff, or, if he be a party to the contest, to the coroner."
SECTION 3. Amend Section 10 by striking out all after the word "applicable ''in line eight thereof.
SECTION 4. Amend Section 13 by striking out all between the word "election," in line three, and the word "and," in line four, and insert in lieu thereof the following:
"except that wherever the ballot boxes, ballots, poll lists, tally sheet, or other books or records, pertaining to any election, excepting the certificate of election of the officer against whom the contest may be made, duly signed by the sheriff or presiding officer of the board of canvass and the inspectors present, and filed according to law, shall have come in any way, legally or illegally, into the possession,
care or custody of any person, officially or otherwise, who shall have been a candidate and voted for upon the same official ballot as a candidate of the same political party as the contestant, no such ballot boxes, poll-lists, tally sheets, or other books or records pertaining to the said election, excepting the certificate of election as aforesaid, shall be offered in evidence in any contest begun or prosecuted under the provisions hereof."
SECTION 5. Amend Section 14 by striking out all after the word "elected " in line five thereof.
SECTION 6. Amend the said act by adding thereto, as an additional section, the following:
"Provided however that this act shall not be construed to prevent a further prosecution of any contest now pending under the provisions of the act, hereby amended if advantage shall be taken of the provisions of this act and the statement required by Section I shall be filed and delivered as therein provided by the contestant in any case within ten days after the passage of this act.
Passed at Dover, February 2, 1893.