TITLE 15

Elections

Registration of Voters

CHAPTER 13. REGISTRATION BOOKS, SUPPLIES AND PLACES


Repealed by 60 Del. Laws, c. 414, § 2, effective May 22, 1976.;

(a) The State Election Commissioner, in consultation with the Departments of Elections for the counties, shall promulgate the voter registration application and shall set the effective date of each new version. The application shall be updated as necessary to comply with state and federal law and/or to facilitate administration of the State's voter registration program. The application shall be uniform throughout the State and shall be used for all voter registration transactions within the State.

(b) The application shall be in 2 parts. The Departments of Elections for the counties shall send the original part of each application that was accepted and processed to the State Election Commissioner office. The Departments of Elections for the counties shall maintain the second copy in the County Master Record. The records contained in the County Master Record shall remain in the office of each department and not be removed for any reason except as provided by law.

(c) The voter registration application shall include a question asking whether or not the applicant is a citizen of the United States. The Departments of Elections for the counties shall reject the applications of new registrants who indicate that they are not citizens of the United States or who fail to answer the question. The departments shall notify such persons by first-class mail that their application has been rejected and the reason or reasons thereto. Persons already registered to vote who indicate that they are not citizens of the United States shall be notified by first-class mail that their voter registration shall be cancelled at the expiration of 15 days if they do not affirm in writing that they are citizens of the United States. The departments shall cancel the voter registration of any persons who fail to affirm in writing that they are United States citizens after the expiration of the aforesaid 15-day period. Persons who subsequently affirm in writing to a department that they are United States citizens shall be reinstated by the department as a registered voter.

(d) The voter registration application shall include a place for the applicant's home telephone number; provided however, that the provision of a telephone number shall be annotated on the form as being optional, and no application shall be rejected for lack thereof. Any registered voter may have that registered voter's own telephone number removed from the electronic voter registration files by making a request of the department of elections for the county in which they are registered either by telephone or in writing.

(e) The applicant's signature may be a digitized signature obtained by a state agency as part of a process that includes registering a person to vote or updating the applicant's voter registration information.

(f) The State Election Commissioner, in collaboration with the Departments of Elections for the counties, may examine methods to streamline the voter registration process through the application of technology. The State Election Commissioner, in consultation with the Departments of Elections for the counties, may adopt and implement such technology. In the event that the process adopted conflicts with subsection (b) of this section, that subsection shall be considered null and void. These innovations may include adoption of a paperless or semi-paperless registration process.

(g) The State Election Commissioner shall make the State's Voter Registration Application available on the internet by January 1, 2006.

19 Del. Laws, c. 38, § 5; 19 Del. Laws, c. 39, §§ 3, 4; 21 Del. Laws, c. 35, § 3; 22 Del. Laws, c. 64, §§ 1, 2; 24 Del. Laws, c. 66; Code 1915, § 1621; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 2; Code 1935, § 1708; 43 Del. Laws, c. 121, § 2; 15 Del. C. 1953, § 1302; 50 Del. Laws, c. 169, § 2; 51 Del. Laws, c. 106; 55 Del. Laws, c. 152; 57 Del. Laws, c. 567, § 9; 60 Del. Laws, c. 414, §§ 3-5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, §§ 3-6; 70 Del. Laws, c. 505, § 2; 72 Del. Laws, c. 71, § 1; 74 Del. Laws, c. 168, § 1; 77 Del. Laws, c. 227, § 2.;

(a) A person may petition the Superior Court for an order to have that person's own 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. A person's participation in Department of Justice's Address Confidentiality Program shall constitute a legitimate need and lawful purpose for the purposes of this section. Upon submission to the State Election Commissioner 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 be removed from all voter records available for public inspection, as long as the submission is not 21 days prior to an election, in which case the person's address shall be removed from the voter records within 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 paragraph (b)(2) of this section, the State Election Commissioner 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 paragraph (b)(2) of this section shall sign a statement agreeing to keep such information confidential.

(c) Any address rendered confidential pursuant to this section shall remain confidential for as long as the Court shall order.

(d) Unlawful acts and penalties.

(1) Procurement for unlawful purposes. — It shall be unlawful for any person knowingly to obtain or disclose any address from voter records that is rendered confidential for 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.

(3) Penalties. — Any person requesting the disclosure of personal information from voter registration records who misrepresents the person's identity 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.

(e) The State's election officials shall use e-mail addresses obtained through registration and absentee voting activities for official business only; these addresses shall not be subject to Freedom of Information requests and shall not be disseminated outside of the Departments of Elections on lists of registered voters or in any other manner.

70 Del. Laws, c. 512, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 2; 77 Del. Laws, c. 269, § 1; 78 Del. Laws, c. 28, § 2.;

Upon splitting of an election district in accordance with this title, the department having jurisdiction shall update the records of the affected voters in the State's Election Management System. The department having jurisdiction shall then determine whether or not to update the affected voters registration records in the county master file. The registration of any voter shall not be invalidated nor shall the right of any registered voter be prejudiced due to any error that occurred during this process.

19 Del. Laws, c. 38, § 5; 21 Del. Laws, c. 35, § 3; 22 Del. Laws, c. 64, §§ 1, 2; 24 Del. Laws, c. 66; Code 1915, § 1621; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 2; 40 Del. Laws, c. 140, § 2; Code 1935, § 1708; 43 Del. Laws, c. 121, § 2; 15 Del. C. 1953, § 1303; 50 Del. Laws, c. 169, § 2; 55 Del. Laws, c. 267; 56 Del. Laws, c. 366, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 512, § 1; 75 Del. Laws, c. 232, § 9.;

(a) All registration records, when not in the custody of the registrars, shall be and remain in the custody of the department except as otherwise provided. The registration records shall, during normal business hours of each department, be open to the inspection of anyone desiring to examine the same, without fee or reward, provided, however, that Social Security number, date of birth, driver's license number and telephone number shall not be subject to such inspection. Anyone desiring to do so may be permitted to make copies or partial copies thereof.

(b) Any registered voter may have that registered voter's telephone number removed from the electronic voter registration files by making the request of that registered voter's local department of elections, either by telephone or in writing.

Code 1915, § 1630; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 7; Code 1935, § 1717; 43 Del. Laws, c. 121, § 6; 44 Del. Laws, c. 106, § 1; 45 Del. Laws, c. 145, § 6; 15 Del. C. 1953, § 1304; 49 Del. Laws, c. 17, § 6; 50 Del. Laws, c. 169, § 2; 55 Del. Laws, c. 452; 58 Del. Laws, c. 401, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 512, § 1; 72 Del. Laws, c. 71, § 2; 75 Del. Laws, c. 232, §§ 10, 11; 76 Del. Laws, c. 115, § 2.;

Repealed by 75 Del. Laws, c. 232, § 12, effective Feb. 1, 2006.;

Repealed by 70 Del. Laws, c. 188, § 8, effective Oct. 1, 1995.;