§ 2041. | § 2042. | § 2043. | § 2044. | § 2045. | § 2046. | § 2047. | § 2048. | § 2049.
§ 2041. Transfer of registration.
(a) Any duly registered voter in the State who has moved to a new residence within the State may apply to transfer that registered voter's voter registration to the new address by completing a voter registration application and submitting it to the department of elections in the county where the registered voter's new residence is located.
(b) Upon receipt of a properly completed and duly signed application, the department shall complete the transfer in the accordance with department procedures.
(c) If it shall be determined that the applicant had not previously registered, that applicant's application shall be treated as an application for registration.
(d) If the applicant is registered to vote in another county in the State, the department of elections for the county in which the applicant resides shall request that the department of elections in which the applicant formerly resided send the applicant's registration record to the department of elections for the county in which the applicant currently resides. The request and sending of the record shall be accomplished as expeditiously as possible. (19 Del. Laws, c. 38, § 11; 21 Del. Laws, c. 36, § 8; Code 1915, § 1632; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 9; Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1741; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 169, § 21; 51 Del. Laws, c. 139, § 2; 52 Del. Laws, c. 10, § 3; 55 Del. Laws, c. 78, § 1; 57 Del. Laws, c. 567, § 18A; 58 Del. Laws, c. 148, § 31; 67 Del. Laws, c. 231, §§ 2, 15; 69 Del. Laws, c. 191, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 19; 74 Del. Laws, c. 411, § 17.)
§ 2042. Transfer of registration upon moving from 1 county to another.
Repealed by 74 Del. Laws, c. 411, § 17, effective Aug. 5, 2004.
§ 2043. No transfer to be made without an application.
No person shall knowingly enter the name of any elector in the registration records who is registered in any other election district in this State unless such person has first made, signed and filed an application for transfer of registration, as in this chapter provided. (19 Del. Laws, c. 38, § 11; 21 Del. Laws, c. 36, § 8; Code 1915, § 1632; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 9; Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1744; 50 Del. Laws, c. 169, § 25; 67 Del. Laws, c. 354, § 15.)
§ 2044. Examination under oath and registration.
All persons who shall apply at the office of the department of elections for transfer of registration may be examined under oath or affirmation as to their name, age, address and qualifications as a voter and right as such to register and vote in the election district in which they claim residence. If satisfied upon such examination that the person applying for transfer is in fact qualified to register and vote in such election district, such person shall be registered by the registration officers or such other person qualified to make registrations in accordance with § 2011 of this title. (Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1745; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 169, § 26; 67 Del. Laws, c. 354, § 15.)
§ 2045. Removal of voter's records of district where voter formerly resided; notice of action taken.
Repealed by 74 Del. Laws, c. 411, § 18, effective Aug. 5, 2004.
§ 2046. Notice by first-class mail sufficient.
In all cases where this subchapter requires written notice to be given to any person, such notice shall be deemed sufficient if sent by first-class mail addressed to the person to be notified at the post office address named by the person at the time of that person's application for registration. (Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1748; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1.)
§ 2047. Change of address within the State.
Change of address or residence within Delaware shall not disqualify any person as a voter. A person who has changed the person's permanent place of residence within Delaware but who has not transferred the person's voter registration shall be permitted to vote at the polling place for the person's place of permanent residence on the day of the election.
(1) If the person who has changed the person's permanent place of residence appears at the polling place for the person's previous permanent place of residence, the election officers at that polling place shall complete the eligibility affidavit promulgated by the Commissioner of Elections and obtain the location of the person's correct polling place from the Department of Elections. The election officer shall place the completed eligibility affidavit in an envelope annotated with the location and address of the correct polling place, give the envelope to the person, direct the person to go to the polling place for the person's new permanent place of residence and annotate the poll list to show that the person has been sent to another polling place.
(2) A person appearing at the correct polling place with an eligibility affidavit shall be permitted to vote upon showing proof of identity and address to the election officers and signing a blank signature card. The election officer shall complete the appropriate section of the eligibility affidavit, and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person's name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.
(3) A person registered to vote at another location within Delaware who appears at the polling place for their new permanent place of residence without having gone to the polling place of their former place of permanent residence shall affirm in writing the new address by completing and signing the eligibility affidavit promulgated by the Commissioner of Elections. The election officers shall obtain authorization for the person to vote from the Department of Elections, complete the election officer section of the eligibility affidavit and place the eligibility affidavit in the special envelope provided by the Department of Elections. If the person has also legally changed that person's name, the election officer shall also place a properly completed voter registration application for the person in the special envelope.
(4) Election officers shall enter the name, address and voter registration number for persons authorized to vote under the provisions of this section on the poll list after the last name listed and on a blank signature card. The person shall sign the signature card and be permitted to vote. A person who has legally changed their name as well as their permanent place of residence shall sign both their old and new names.
(5) The Department of Elections upon receipt of the eligibility affidavit and the voter registration application following an election shall transfer the person's address in accordance with the transfer procedures elsewhere within this chapter.
(6) The commissioner of elections shall promulgate rules and procedures by which the departments of election may accept transfers of address from registered voters between the closing of registration and the day of a primary, presidential primary and general election both within their offices and at other locations within their respective counties. Such rules and procedures shall contain a provision by which a person so transferring that person's own address in accordance with those rules and procedures may appear at that person's own proper polling place and vote without completing the eligibility affidavit or envelope at the polling place as required in paragraph (1), (2) or (3) of this section. The departments of elections in receipt of such transfers shall process them as soon as practical. (Code 1915, § 1632; 40 Del. Laws, c. 140, § 6; Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1749; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 169, § 29; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 20; 72 Del. Laws, c. 275, § 4.)
§ 2048. Change of name, new registration required.
(a) Any registered voter who legally changes the voter's name by marriage or other legal means shall be required to change the voter's registration to the voter's new name and authorize the transfer of the previous registration information, including the voter's voting record, to the new name. If the person has not changed their registration prior to an election covered by this title, they shall be permitted to vote provided:
(1) They present proof of identity to the election officers at the voter's polling place;
(2) They complete a voter registration application for the voter's new name; and
(3) They sign the preprinted signature card with both the voter's old and new names.
(b) Persons who are registered to vote and have legally changed the person's name as well as the person's permanent place of residence shall be permitted to vote in accordance with § 2047 of this title above after completing a voter registration application for the person's new name and permanent place of residence and by signing a blank signature card with both the person's old and new names.
(c) The commissioner of elections shall promulgate rules and procedures by which the departments of election may accept changes of name from registered voters between the closing of registration and the day of a primary, presidential primary and general election both within their office and at other locations within their respective counties. Such rules and procedures shall contain a provision by which a person so changing that person's own name in accordance with those rules and procedures may appear at that persons's own proper polling place and vote without completing the voter registration application at the polling place as required in subsection (a) of this section. The departments of elections in receipt of such applications to change persons" names shall process them as soon as practical. (Code 1935, § 1719; 46 Del. Laws, c. 152, § 1; 15 Del. C. 1953, § 1750; 65 Del. Laws, c. 471, § 1; 67 Del. Laws, c. 354, § 15; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 21; 72 Del. Laws, c. 275, § 5.)
§ 2049. Change of party designation; procedure.
(a) Any duly registered voter may apply to change that registered voter's political affiliation by completing and submitting a voter registration application to the department of elections in the county in which the registered voter resides except in the year of a general election during the period from March 31 through the day of the primary election and from the fourth Sunday prior to the general election through the day of the general election. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the office of the department. An appropriately addressed envelope shall be supplied by the department for return of the executed application. Upon receipt of the executed application, the department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made on the original and duplicate records and the applicant shall be immediately notified by mail of the change so made. If the department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at the office of the department to answer under oath such questions as may be deemed necessary. If the applicant fails to appear as notified, no such change of affiliation shall be made. If the application is made to the registration officers, they shall forward the completed application to the department at the same time as they forward other registration records at the close of registration, and the department shall cause appropriate notations thereof to be made upon the applicant's registration record in the County Master File and the applicant's record in the Election System data base.
(b) Applications received that change a person's political party affiliation during a period in which a person may not change that person's own political party affiliation in accordance with provisions of this title shall be held by the department of elections receiving the application and processed when the period to change a person's political party affiliation reopens. (15 Del. C. 1953, § 1751; 50 Del. Laws, c. 169, § 42; 52 Del. Laws, c. 59; 55 Del. Laws, c. 78, § 4; 57 Del. Laws, c. 181, § 38; 57 Del. Laws, c. 567, § 16; 58 Del. Laws, c. 148, § 32; 58 Del. Laws, c. 215, § 41; 61 Del. Laws, c. 418, § 6; 67 Del. Laws, c. 354, § 15; 69 Del. Laws, c. 191, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 15; 72 Del. Laws, c. 275, § 6; 73 Del. Laws, c. 251, § 1; 74 Del. Laws, c. 411, § 19; 75 Del. Laws, c. 232, §§ 28, 29.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 214, effective May 1, 2008.
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