AN ACT PROVIDING THAT THE OFFICIAL BALLOTS SHALL HEREAFTER BE MARKED BY THE VOTER WHEN INDICATING HIS CHOICE OF CANDIDATES WITH AN INDELIBLE BLACK LEAD PENCIL OR INDELIBLE BLACK CRAYON.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That whenever, under any provision of the laws of this State, any voter or elector, at any election hereafter to be held in this State, is required to indicate on the official ballot the candidates for whom he desires to vote at such election, by marking his ballot in such manner as to indicate for whom he casts his vote, every such voter or elector, at any election aforesaid, shall indicate his choice of candidates aforesaid by marking his ballot with an indelible black lead pencil or indelible black crayon, and shall not use any other means or instrumentality for such purpose.
Section 2. That any and all mark or marks now required by the laws of this State, to be made on any official ballot, used at any election hereafter held in this State, shall be made by the use of the pencil or crayon mentioned in Section 1 of this Act.
Any elector desiring to vote at any such election shall make a mark crossing two lines with the pencil or crayon aforesaid, in the large square enclosing the device at the head or top of any voter may cross out, or scratch off, the name of any person appearing on the said ballot under the square so marked by him, and in lieu thereof may or may not write in said ballot immediately over the name so crossed out or scratched off, the name of any other person who is a candidate for the same office at said election, and the said changes shall be made with the pencil or crayon aforesaid.
Section 3. That it shall be the duty of the several persons, required to who, at the time this Act becomes a law, are required by the laws of this State to provide and furnish any stamp for the use of the voters at any election, to provide and furnish, in lieu thereof, at least one dozen indelible black lead pencils or black crayons for and to each and every election district, in which any election as aforesaid is to be held, for the use of the voters in said election district at any such election. If any person shall mutilate, destroy, cancel or take away from any election district any such pencil or crayon, so provided and furnished as aforesaid, before or during the time any election mentioned in this Act is being held, he, she or they, shall be guilty of a misdemeanor and shall be fined not exceeding five hundred dollars or imprisoned not exceeding one year, or both, in the discretion of the Court.
Section 4. That it shall be the duty of the several clerks of the election in the several election districts in this State who were heretofore required to deliver to the electors or voters, the stamp heretofore required to deliver and hand to each voter thereat one of the said pencils for the purpose of marking his ballot, and it shall be the duty of every such voter at any election mentioned in this Act at the time of handing his ballot to the Inspector of Election or other person authorized by law to receive his ballot, to return to the said clerks of election the said pencil or crayon furnished him as aforesaid.
Section 5. That if any person shall violate any of the provisions of this Act, not herein specially provided for, he, she or they shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars or imprisoned not exceeding one year, or both, in the discretion of the Court.
Section 6. That all provisions. of law in conflict with the provisions of this Act are hereby repealed.
Approved March 2, A. D. 1901.