CHAPTER 149 - DEPARTMENT OF ELECTIONS--SUSSEX COUNTY
AN ACT TO CREATE A DEPARTMENT OF ELECTIONS FOR SUSSEX COUNTY.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. Department, How Constituted:--For the objects and purposes hereinafter set forth, a Department of Elections for Sussex County is hereby established and constituted to consist of three members appointed in the manner and for the terms hereinafter set forth and with the powers and duties prescribed in the sections following and by any relevant law of this State, now or hereafter enacted.
Section 2. Appointment of Members by General Assembly; Powers and Duties of Governor in Case of Vacancy:--The Department of Elections for Sussex County hereby established and constituted shall, from and after the effective date of this Act, consist and be composed of the three persons hereinafter named and appointed in this Act by the General Assembly for the terms herein specified, and the said three members shall constitute and be the Department of Elections for Sussex County. When any vacancy occurs in the membership of the Department from any cause whatsoever, other than expiration of a full term, the Governor shall fill the vacancy by appointment for the residue of the term.
Section 3. Members Named; Oaths; Organization:--That Irving F. Smoot is hereby appointed a member of the Department of Elections for Sussex County for a term commencing on the effective date of this Act, and ending on the fifteenth day of January, A. D., 1946.
That Raymond Ringler is hereby appointed a member of the Department of Elections for Sussex County for a term commencing on the effective date of this Act, and ending on the fifteenth day of January, A. D., 1947.
That W. Elwood Wright is hereby appointed a member of the Department of Elections for Sussex County for a term commencing on the effective date of this Act, and ending on the fifteenth day of January, A. D., 1948.
Within ten days after their appointment by the General Assembly, as herein provided, the members shall take and subscribe to the oath or affirmation prescribed by the Constitution, and they shall meet and organize by electing one of their members to be President; they shall also elect a Secretary. The President and Secretary so elected shall serve until their successors are duly elected.
Section 4. Governor to Appoint Members; Terms:--Commencing in the year 1946, and in the month of January, and on or before the fifteenth day thereof, and every third year thereafter, in the month of January and on or before the fifteenth day thereof, the Governor shall appoint one person to be a member of the Department of Elections for Sussex County for a term of three years; and in the year 1947, and in the month of January, and on or before the fifteenth day thereof, and every third year thereafter, in the month of January and on or before the fifteenth day thereof, the Governor shall appoint one person as a member of the Department of Elections for Sussex County for a term of three years; and in the year 1948, in the month of January and on or before the fifteenth day thereof, and every third year thereafter, in the month of January and on or before the fifteenth day thereof, the Governor shall appoint one person to be a member of the Department of Elections for Sussex County for a term of three years.
Section 5. Qualifications of Members; Oaths; Organization; Quorum; Salaries, How Paid:--No person shall be eligible to appointment as a member of the Department of Elections for Sussex County who is not a citizen of the United States of America, and a resident of Sussex County, and who has not resided therein for a period of five years next preceding his appointment. Each of the two principal political parties shall at all times be represented by at least one member of the Department. No member shall hold a State or County elective office during his membership in the Department. Each person appointed by the Governor as herein provided, shall, before entering upon his duties, and within ten days after the date of his appointment, take and subscribe to the oath or affirmation prescribed by the Constitution for other State officers. Commencing on the fourth Tuesday of January 1946, and biennially thereafter, the members of the Department of Elections for Sussex County shall meet and organize said Department of Elections by electing one of their members to be President of the Department; and they shall at the same time elect a Secretary. The terms of office of the President and Secretary shall be two years from the date of such organization. Two members shall be sufficient for the purpose of organization, and shall constitute a quorum for the transaction of business. The said Department shall have power to make rules for its government not inconsistent with the Constitution and laws of this State.
Each member of the said Department of Elections shall receive as compensation for his services a salary of Seven Hundred and Fifty Dollars ($750.00) per annum; the Secretary thereof shall receive such compensation for his services as shall be fixed by the Department of Elections, not to exceed the sum of Twenty Five Hundred Dollars ($2500.00) per annum. The salaries of the members of the Department of Elections and the Secretary thereof shall be paid by the Levy Court of Sussex County in the same manner as County officers are paid. The expenses of the Department shall be paid by the Levy Court of Sussex County on vouchers signed by the President and Secretary of the Department.
Section 6. Delivery of Registration and Election Books, Papers, Records, Etc.; by Whom; to Whom:--It shall be the duty of the Board of Registration for Registration Department District Number Three, and every Officer, Clerk, Department, and every other person having possession of or control over any records, books, papers, or other property of or relating to registrations and elections in Sussex County, immediately after the organization of the Department of Elections for Sussex County as provided by this Act to surrender and deposit the same with the President of the Department of Elections for Sussex County, or with such other persons as the President shall order and direct. The Department of Elections for Sussex County established and constituted as aforesaid shall have full and complete jurisdiction over all and every the matters and things now vested by law in the Board of Registration for Registration Department District Number Three as at present constituted and shall possess, enjoy, and exercise all and every the rights, powers, and privileges which are now held, possessed, enjoyed and exercised by the said Board of Registration for Registration Department District Number Three as fully and completely as the said Board of Registration now by law is authorized so to do, and such other rights, powers, and privileges as by this Act conferred, and by any relevant law of this State now or hereafter enacted.
Section 7. Office; Where; How Furnished; Assistants; How Paid:--The Department of Elections for Sussex County shall secure suitable and convenient office space in the County Seat of said County for the use and occupancy of the said Department of Elections. It shall secure all necessary furniture, equipment, and supplies necessary for the said office and to properly carry out the provisions of this Act. The Levy Court of Sussex County shall pay for such furniture, supplies, equipment, and rent, upon proper vouchers signed by the President and Secretary of the said Department.
The Department may employ such assistants as in its judgment shall be necessary for the performance by the Department of the duties of this Chapter and laws of this State imposed. The duties of such assistants shall be prescribed and the compensation fixed by the Department. The expense for such assistants shall be paid by the Levy Court of Sussex County upon certification by the President and Secretary of the Department.
Section 8. Neglect of Duty; Corrupt or Fraudulent Conduct; Misdemeanors; Penalties:--If any member of the Department of Elections, of whom any duty is required in this Chapter, shall be guilty of any willful neglect of such duty, or of any corrupt or fraudulent conduct or practice in the execution of the same, he shall on conviction thereof, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the County jail for not more than two years, or by a fine of not more than Two Hundred Dollars, or both.
Section 9. Notice to Attorney General of Violations of Chapter:--It is hereby made the special duty of the Department of Elections to notify the Attorney General of all violations under this Chapter.
Section 10. Division of County Into Election Districts; Designation of Districts; Each Election District Within One Representative District; Transfer of Voters in New Districts; Costs, How Paid; Notices:--The Department of Elections for Sussex County shall, on or before the first day of May in every year in which a general election is held, divide such of the Election Districts, and such only, in Sussex County as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each of said election districts so divided shall be at all times wholly within boundaries of one Representative District. Each election district shall be designated by an appropriate title that will distinguish it from each and every other election district.
When the boundaries of any election district in Sussex County shall be changed, either as hereinbefore provided or by an Act of the General Assembly, the Department of Elections for Sussex County, not later than the thirtieth day of June of the year in which such change shall be made, shall procure and prepare the Registers, and also the Books of Registered Voters as provided for by law for each election district, and for every election district affected or created by such change of boundaries.
Any elector whose name appears as a registered voter in an election district affected by a change of boundary shall not be required to re-register because of the change in election districts arising from said change of boundaries, but it shall be the duty of the Department of Elections for Sussex County to cause the names and particulars of every registered voter to be transferred to the proper books for such election district, henceforth to be used for the election district of which the elector is then a resident, omitting therefrom all names which theretofore have been stricken from the list of registered voters.
Upon said transfers being completed, each of said books shall be compared as to their correctness and shall be verified by oath or affirmation by the members of the Department of Elections for Sussex County, and an affidavit subscribed and signed by the members shall be appended to each book in which such transcription has been made as hereinbefore provided.
The Department of Elections for Sussex County shall keep and preserve until the last day of February next after the ensuing general election all the books from which said transfers have been made.
The Department of Elections may at any time when it shall deem it necessary, transcribe or cause to be transcribed, any Registers or Books of Registered Voters. All the provisions relating to the registration of voters in general as provided by law shall apply as far as pertinent to this Section.
The cost of transcribing and other expenses connected therewith, (except registration books furnished by the Governor), shall be paid by the Levy Court of Sussex County upon proper vouchers signed by the President and Secretary of the Department.
When the boundaries of any election district in Sussex County have been changed, as aforesaid, the Department of Elections for Sussex County shall, at least ten days prior to the first day set for the purpose of registration in the several election districts, give public notice by advertisements posted in ten or more of the most public places in each election district affected by any change in boundary that a change in the boundary has been made in such election district.
Section 11. Appointment of Registrars; Removal; Vacancies:--The Department of Elections for Sussex County shall hereafter appoint all Registration Officers in Sussex County and shall make all necessary removals of Registration Officers, and fill all vacancies which occur from any cause.
Section 12. Registration Officers; Appointment; When; Qualifications; Division Between Parties; Political Committees to Furnish Lists; in Default of Such Lists, Department May Appoint; Terms of Office: The Department of Elections for Sussex County shall, in the month of June, in each year in which a general election is held, appoint for each election district in Sussex County, three capable persons, who shall be voters and residents in the election district for which they shall be appointed, who shall be registration officers of the Election District for which they are appointed; one of whom shall be designated as "Registrar" and the other two as "Assistant Registrars", and not more than two of them shall be of the same political faith; provided, that the total number of registration officers in each representative district shall be divided as equally as possible between the two principal parties, as the same shall be determined upon by the Department of Elections at the time of making the appointments. The County Executive Committee of each of the two principal parties shall furnish the Department of Elections on or before the first day of May of the year in which said appointments are to be made, a list of five names of properly qualified persons from which the Department of Elections shall make its appointments. If the said lists of names are not furnished as aforesaid, then and in that event the Department of Elections shall appoint some suitable person or persons of such political faith, having all the qualifications provided by this section.
The terms of office of such registration officers shall begin on the first Tuesday in July next after their appointment and shall continue for two years thereafter, and until their successor shall be duly chosen and qualified, unless sooner removed as provided in this Chapter.
Section 13. Alternate Registrars, Qualifications; Term of Office; When to Act; Powers and Duties:--When, from any cause whatsoever, any person who has qualified as Registrar for a particular election district in Sussex County shall be temporarily incapable of performing the duties required of him by the laws of this State, it shall be the duty of the Department of Elections for Sussex County to appoint in such election district a capable person who shall be a qualified voter and resident in the election district for which he shall be appointed, to be "Alternate Registrar" for the said election district. The Alternate Registrar, during the inability of the Registrar to act, shall act in his stead and while so acting shall possess all the powers and do and perform all the duties of a Registrar. The Alternate Registrar shall be of the same political faith as the Registrar of the election district for which the appointment is made.
Section 14. Alternate; When Not to Act; Removal from District of Registration Officers; Office Vacant:--Nothing herein contained shall authorize or empower the Alternate Registrar to act at any time when there is a Registrar of the election district able, willing, and present to act. If any Registration Officer or Alternate Registrar shall remove from the Election District for which he shall be appointed or shall cease to be a voter therein, his office shall thereupon become vacant.
Section 15. Vacancies in Registration Offices; How Filled; Term of Appointees; Qualifications; Powers; Oath of Registration Officers; Compensation:--If any vacancy or vacancies should occur in the office of Registrar, Assistant Registrar, or Alternate Registrar, before the expiration of such term, from any cause whatsoever, the said Department of Elections shall appoint some suitable person or persons to fill such vacancy or vacancies, who shall serve for the residue of such unexpired term or terms, and who shall possess the same powers and perform the same duties as the original appointee or appointees. Each Registrar, Assistant Registrar and Alternate Registrar, before entering upon the duties of his office shall take and subscribe before the said Department of Elections the following oath or affirmation:
"I _____________, residing in _______________ Election District of __________ Representative District in ________ County, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of Registrar (Assistant Registrar or Alternate Registrar) for ____ Election District in _______ Representative District in _____ County, according to the best of my ability."
Any member or the Secretary of the said Department of Elections is authorized and empowered to administer such oath or affirmation; provided that no fee shall be charged for administering such oaths or affirmations.
For appearing before the Department to qualify according to law, each registration officer shall be paid Five Dollars.
Section 16. Officers Becoming Candidates; Office Vacant; How Filled; Officers Ineligible to be Voted for:--Should the said Registrar, Assistant Registrars or either of them or Alternate Registrar, after taking said oath, and before entering upon the active duties of the said office, become a candidate for any office to be voted for by the electors of the election district for which he is appointed Registrar, Assistant Registrar or Alternate Registrar, the said office shall ipso facto become vacant and be filled by the appointment of another person to the same. After any Registrar, Assistant Registrar, or Alternate Registrar shall have entered upon the active duties of his office he shall thereby become ineligible to any office to be voted for at the next ensuing election.
Section 17. Time of Registration Officers to Take Oath; Oath of Appointees to Fill Vacancies; Refusal to Qualify or to Perform Services; Penalty:--Each and every person appointed as aforesaid to act as Registrar, Assistant Registrar or Alternate Registrar shall qualify as such Registrar, Assistant Registrar or Alternate Registrar by taking and subscribing the oath or affirmation prescribed in Section 15 of this Chapter, within ten days after being notified of his appointment, and shall perform the duties of the office for the time for which he was appointed, unless he shall become disqualified by sickness or otherwise. Every Registrar, Assistant Registrar or Alternate Registrar, who shall be appointed to fill a vacancy, shall qualify forthwith. If any Registrar, Assistant Registrar, or Alternate Registrar, who being appointed either for a full term or to fill a vacancy, shall refuse to qualify as aforesaid, or having qualified, shall fail or refuse to perform any of the duties of said office, he shall forfeit and pay to the State a fine of One Hundred Dollars, upon conviction thereof after indictment in the Court of General Sessions of the County where such offense was committed. The neglect or refusal of any person appointed, as aforesaid, to appear and qualify within the time specified, shall be deemed to create a vacancy in said office.
Section 18. Certificate of Appointment; Removal of Registration Officers; Notice; When; Term of Office of Appointee; Registration Officers Free from Military and Jury Duty; Persons Exempt from Jury Duty Ineligible for Registration Officers:--The Department of Elections shall deliver a certificate of appointment to whosoever it shall appoint and who shall be sworn into office as Registrar, Assistant Registrar, or Alternate Registrar, said certificate to be in such form as shall be prescribed by said Department of Elections, specifying the election district in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The Department of Elections shall have full power and authority to remove any of the registration officers appointed by them as aforesaid for want of requisite qualifications or cause, but in either of such cases such removal, unless made while the Registrars are actually on duty, on a day of registration, and for improper conduct as a registration officer, shall only be made after notice in writing to the officer sought to be removed, which notice shall set forth clearly and distinctly the reason for removal. Any person appointed to fill any vacancy shall serve for the unexpired term of the person whose office he is appointed to fill.
The registration officers during the time they hold such office shall be exempt from the performance of military duty and when in the actual discharge of the duties of their office, from jury duty, and no person who by the laws of the State is exempt from jury duty shall be required to serve as a registration officer,
Section 19. Registration Officers; Powers and Duties:-- The several registration officers appointed under the provisions of this Chapter shall have the same powers that are vested in, and shall be required to perform the same duties that are imposed upon, registration officers generally by any law of this State, now or hereafter enacted.
Section 20. Delivery of Registers and Books of Registered Voters; to Whom; When:--It shall be the duty of the Department of Elections for Sussex County, prior to the second Wednesday in July and prior to the third Saturday next preceding the day of the election, in every year in which a general election is held, to deliver the two Registers, and the two Books of Registered Voters of each election district in Sussex County to the Registrar of the proper election district; provided, that in any year in which there is a special election, the registration books aforesaid shall be delivered by the Department to the proper Registrars prior to the day set for registration.
Section 21. Custody of Registers and Books of Registered Voters; Examination of:--All Registers and Books of Registered Voters for Sussex County when not in the custody of the Registrars shall be and remain in the custody of the Department of Elections for Sussex County except as otherwise provided; but the same shall at all proper times be open to the inspection of anyone desiring to examine the same, without fee or reward, and anyone desiring to do so, may be permitted to make copies or partial copies thereof.
Section 22. Department of Elections in Sussex County to Provide Maps:--It shall be the duty of the Department of Elections in Sussex County to provide for its use a map or maps of the several Representative Districts in said County and of any and all portions thereof.
Section 23. Necessary Supplies, Etc.; Department to Have Custody of and Furnish:--Said Department of Elections shall prepare, or cause to be prepared, and furnish, all necessary maps, forms, oaths, certificates, blanks, and instructions for the use of registration officers, and provide for the furnishing of such officers therewith and with all necessary supplies and also a copy of the registration and election laws. Said Department shall have and retain the custody of all books, maps, forms, oaths of office and of removal, blanks, instructions, and all other records and supplies of every kind or description pertaining to said Department.
Section 24. Intimidation, Etc., of Registration and Election Officers; by Corporations, Etc.:--If any person, firm, corporation or employer existing or doing business in this State, shall hinder, coerce, or intimidate, or shall attempt to hinder, coerce or intimidate, any person who has been appointed a Registration Officer, Election Officer, or Clerk of Election under the laws of this State from qualifying and performing his duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly, or indirectly, he or they shall be liable to a penalty of Five Hundred Dollars, recoverable by the Attorney General by civil action in any Court of competent jurisdiction in the name of "The Attorney General of the State of Delaware", and for the use and benefit of the State of Delaware.
In any trial under the provisions of this Section, the Act or Acts of any officer of a corporation, so far as they affect an employee or servant of such corporation, shall be taken and held to be the act or acts of the corporation, whether special or general authority as to such act or acts from the corporation is shown or not. Nothing herein contained 'shall be construed to relieve any officer of a corporation from individual liability under the provisions of this Section.
Section 25. Places of Registry and Election; Designated; Furnished, Etc.; Places Excluded:--The said Department of Elections shall designate and appoint a place of registry and polling place in each Election District in Sussex County. At the places so designated all elections shall be held and the work of registration performed. The said Department shall hire all such places and cause the same to be fitted up, warmed, lighted, and cleaned; such place shall be in the most public, orderly, and convenient portion of the district; no building or part of a building shall be designated or used as a place of registration or polling place in which, or in any part of which, spirituous or intoxicating liquor is being sold, or has been sold within sixty days next preceding the time of using the same.
Section 26. Places and Days for Registration, Notice of:--. It shall be the duty of the Department of Elections for Sussex County, at least ten days prior to each day set for the purpose of registration in the several election districts in Sussex County, to give public notice by advertisement, posted in ten or more of the most public places in each such election district, of the place where the registration officers shall sit for registration of electors, and the day or days when they will sit for such purpose.
Section 27. Flags to Designate Registry and Polling Places; Display of:--The Department of Elections for Sussex County shall furnish for each place of registry and polling place a white muslin flag, preferably staffed, of suitable size for the lettering thereon in black letters the following words: "REGISTRATION AND POLLING PLACE".
At every registry and polling place and during the time the aforesaid places are opened in accordance with the law, the said white flag herein provided for shall be displayed at or near the entrance to such place of registry or polling place.
Section 28. Compensation of Election Officers and Other Expenses; How Paid:--The compensation of Inspectors of Election or other persons authorized by law to hold the same, Poll Clerks and other officers of election in Sussex County, the costs and expense of all necessary election and registration notices, posters, maps, advertisements, books, blanks, stationery, the rent and cost of fitting up, warming, lighting, cleaning and safe keeping of all places of registration and polling places, of carting ballot boxes, and of all supplies of every kind and nature for elections in said County, shall be paid as other general election expenses are paid, and upon proper warrants and vouchers made by the said Department of Elections.
Section 29. Clerks; Appointments; Lists; Term; Duties; Refusal to Serve; Penalty; Compensation for Qualifying:--The Department of Elections for Sussex County shall, sometime in the month of October in each year in which a general election is held, appoint in each election district of said County two capable persons residing in the election district for which they are appointed, who shall be clerks of elections of the election district for which they are appointed, one of whom in each election district shall be a member of one of the leading political parties in said County, and the other of whom shall be a member of the other leading political party of said County. For each appointment of clerk accredited to any political party under this Section, the County Executive Committee of such party shall furnish said Department of Elections for said County, on or before the first day of September of the year in which the appointment is to be made, a list of three names of properly qualified persons for each appointment so accredited, from which lists the said Department of Elections shall appoint the Clerks of Elections as aforesaid; provided, however, that if the said lists of names are not furnished as aforesaid, then and in that event the said Department of Elections shall appoint some suitable person or persons of such political party, having all the qualifications provided by this Section. The terms of the said Clerks of Election shall be two years commencing on the date of their appointment.
The Clerks of Elections shall during their terms of office discharge and perform, at all elections held in the Election Districts for which they are appointed (other than primary elections and elections for Members of the Board of Public Education), all duties which are now or hereafter may be by law imposed upon Clerks of Elections. Any vacancies occurring in the office of Clerks of Elections in any election district in Sussex County shall be filled by said Department of Elections for the unexpired term, and when filling such vacancies the said Department of Elections shall select some person of the same political party as the Clerk who has been originally appointed. The neglect or refusal of any person so appointed, as aforesaid, to appear and qualify within the time specified shall be deemed to create a vacancy in said office.
If any Clerk of Elections, who, having been appointed under the provisions of this Section, shall refuse or fail to qualify within ten days after having been appointed, or having qualified shall fail or refuse to perform any of the duties of said office, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than Fifty nor more than One Hundred Dollars.
For appearing before the Department of Elections to qualify as herein provided, each Clerk of Elections shall receive Five Dollars to be paid by the Levy Court; provided, that such Clerk serves at the Election then next succeeding; provided, however, extra Clerics shall not be paid for qualifying.
Section 30. Election Officers in County; Appointment; Qualifications; Examination of; Certificate of Appointment; Terms of Office; Removal from Office; Notice of; Failure to Qualify to Create Vacancy; Vacancies:--The Department of Elections for Sussex County shall, at the same time when they are required by law to appoint registration officers, and from the lists furnished them by the County Executive Committee of the two .leading political parties as provided by Section 12 of this Chapter, select and appoint for each Election District in Sussex County three persons as Election Officers, who shall become Inspector and Judges of Election as provided, which three persons shall be the same persons who are appointed Registrar and Assistant Registrars for said Election District. Every person so selected to be such Election Officer shall, on receipt of notice thereof, appear within ten days thereafter, before said Department, for the purpose of examination, and if found qualified shall, unless excused by said Department by reason of ill health or other good and sufficient cause, be bound to serve as such officer at every election for the term for which he is appointed. The failure on the part of any such person to present himself for examination within the time prescribed, or to comply with any of the requirements of this section preliminary to receiving his certificate of appointment, or to attend on the day of any election during his term, unless prevented by sickness or other sufficient cause, the burden of proof of which shall be upon the delinquent, shall be deemed a refusal to comply with the requirements of this section or to serve or to act as election officer within the meaning of this section. The Department of Elections shall deliver a certificate of appointment to whomsoever shall be nominated, approved and sworn into office by it as such election officer, said certificate to be in such form as shall be prescribed by such Department of Elections, specifying the Election District in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The persons so appointed Election Officers under the provisions of this section shall, respectively, hold office for the term of two years unless sooner removed for want of requisite qualifications or for cause; in either of which cases such removal, unless made while such Elections Officers are actually on duty on a day of election and for improper conduct as an Election Officer, shall only be made after notice shall set forth clearly and distinctly the reasons for his removal. Any person appointed to fill any vacancy shall serve for the unexpired term of the person whose office he is appointed to fill. The neglect or refusal of any person so appointed Election Officer as aforesaid to appear and qualify as such Election Officer within the time herein prescribed shall be deemed to create a vacancy in said office. Persons appointed to fill a vacancy shall qualify forthwith.
Said Department of Elections shall have the power to dismiss any such Election Officer at any time and supply his place with another person and to make all necessary removals and transfers of said Election Officers and fill all vacancies which from any cause may occur. Whenever from any cause there shall exist a vacancy in the office of such Election Officer, a person shall be appointed to fill such vacancy from the unused names, if any there be, upon the list so furnished said Department of Elections as aforesaid by the political party from which the said Department of Elections made the appointment for the office so become vacant.
Section 31. Election Supplies Furnished Registrars; Costs, How Paid:--The Department of Elections for Sussex County shall, in each year in which a general election is held, and prior to the day on which the said election is held, deliver to the Registrar of each election district, or other officer, authorized by law to hold the election therein, in Sussex County, two suitable ballot boxes, as described in 1832. Sec. 23. of Chapter 60 of the Revised Code of Delaware, 1935, with a piece of tape and sealing wax, together with a list of all the officers to be chosen at the then next General Election, written or printed forms of tally lists, of certificates of election in said election district, of the oath or affirmation of the Inspector or other officer authorized by law to hold the election therein, and persons selected as Judges of Election, and also of the Clerks chosen to act at such election, and of the certificates of administering such oaths or affirmations, with printed or written directions as to correcting, completing and signing such oath or affirmation, and certificate of administering the same, and shall also deliver to each Registrar or other officer authorized by law to hold the election as aforesaid, a Book of blank forms of oaths (or affirmations) provided for in 1862. Sec. 53. of Chapter 60 of the Revised Code of Delaware, 1935, and all other election supplies of every kind and description heretofore delivered to Inspectors or other officers authorized by law to hold such elections in said Sussex County, by the Sheriff or by any other officer or Department of Sussex County. The cost and expense of each and all of the above mentioned articles and equipment and the cost of furnishing the same, as aforesaid, shall be paid by the Levy Court of Sussex County, on warrants or vouchers signed by the President and Secretary of the said Department of Elections for Sussex County.
Section 32. Compensation of Registration and Election Officers; Ascertained; How Paid:--It shall be the duty of the .Department of Elections for Sussex County in the month of November, in each year in which a general election is held, to ascertain the amount of compensation due the Registrars, Assistant Registrars and Alternate Registrars in Sussex County; and when so ascertained, the President and Secretary of the said Department shall certify the same to the State Treasurer, who shall thereupon pay to the persons entitled the sums severally due them, out of any money in the General Fund of the State Treasury not otherwise appropriated. It shall be the duty of the Department of Elections for Sussex County in the month of November, in each year in which a general election is held in this State, to ascertain the amount of compensation due the Inspectors, Judges of Election and Clerks of Election and the amount due for rent of polling and registration places, in Sussex County, and when so ascertained, the President and Secretary of the said Department shall certify the same to the Levy Court of Sussex County and the Levy Court shall thereupon pay to the persons entitled, the sums severally due them.
Section 33. Secretary Appointed Notary Public:--In addition to the Notaries Public now provided for by Law, in Sussex County, the Governor is hereby authorized and directed to appoint the Secretary of the Department of Elections for Sussex County a Notary Public. Whenever such person shall cease to be Secretary of the said Department, his authority as a Notary Public shall terminate, and thereupon the Governor is authorized and directed to appoint his successor as a Notary Public.
Section 34. It shall be the duty of the Registrar of Vital Statistics for the State of Delaware, to furnish to the Department of Elections for Sussex County, on or before the tenth day of January, April, July and October, in each year, a full, complete and accurate copy of the record of the name, residence and age of each person twenty-one years of age and upward who has died in Sussex County, during the three calendar months then next preceding as the facts in respect to such deaths shall be furnished to the said Registrar of Vital Statistics. The Department shall keep, preserve and file all such copies of such records.
It shall be the duty of the Department of Elections for Sussex County, in each year, to strike or cause to be struck from the Registers and Books of Registered Voters for each election district, the name of every person upon the said registration books, who, by said Record of Deaths shall by a coincidence in respect to said name and fact, appear to have deceased, and opposite to and against every such name to enter in the column headed, "Disqualified", the word, "Dead", and the month, date and year of such entry, and in the column headed Remarks, the words, "Stricken from the Registers", adding against each such entry made in the column of remarks, the name of the person making such entry, and through the name of every such person stricken from the Registers, and then only, shall a line be drawn, indicative that such name is stricken from the registration books for that election district; and in the Books of Registered Voters, a heavy line in ink shall be drawn through his name, his residence and his age.
It shall be the duty of the Department of Elections for Sussex County in each year in which a Supplementary Registration is held and prior to the first registration day in said year, to strike or cause to be struck from the Registers and Books of Registered Voters, in each election district in Sussex County, in the manner hereinafter stated, the name of every person appearing on said books, who has failed or omitted for any cause whatever, to vote in the election district covered by said registration books for a period of five years; or who since his registration has become disqualified, or for any reason has ceased to be a qualified voter in the election district in which he registered. The fact of voting or not voting, shall for the purpose of this Section be deemed to be prima facie established by the entry of the word "Voted" or the omission of such entry in the appropriate column opposite the name of the registered voter in the Books of Registered Voters, but before any name shall be stricken from the registration books, for any of the causes herein stated, the Department of Elections for Sussex County shall give notice of such intention and the reason therefor, by registered mail, addressed to such registered voter at the Post Office address as the same shall appear in the Registers, and the date when such matter shall be passed on by the Department. Such notice shall be mailed not later than the Wednesday next preceding the sitting of the aforesaid Department. If at such meeting of the Department, it shall be established to their satisfaction that the person aforesaid did in fact vote in said election district within a period of five years, or that he is a duly qualified voter in the Election District, then his name shall not be stricken from the books aforesaid; but if it shall not be so established, then the Department shall draw or cause to be drawn, in the Registers a heavy line in ink, through the name of such person in the column headed "Registered Voter" and a line shall be drawn through his name as first entered, but in such a manner that his name shall remain legible, and in the column headed "Remarks" opposite his name shall be written the words "Stricken off for failure to vote in five years" giving the year of the General Election at which said person last voted, and the date of such entry; and in the Books of Registered Voters, a heavy line in ink shall be drawn through his name, his residence and his age; or if found disqualified, or has become disqualified since registering, then the reason for such disqualification shall be entered in the column headed, "Remarks", opposite his name and the date of such entry; and a heavy line in ink shall be drawn through his name in the Registers; and in the Books of Registered Voters, a heavy line in ink shall be drawn through his name, his residence and his age. Every person whose name has been struck from the registration books for failure to vote, as aforesaid, may become registered anew at any sitting for registration if he possesses all the necessary qualifications for registration, upon personal application for such purpose as if he had not before been registered. It shall be unlawful to strike any name from the registration books on the last day of registration in any year for having failed to vote as aforesaid.
Section 35. Registration Appeal Docket; Information in; Records Kept; Custody of:--From and after the effective date of this Act, it shall be the duty of the Department of Elections for Sussex County, to secure and provide a book or books of permanent record to be known as, "Registration Appeal Docket for Sussex County", in which Registration Appeal Docket, a permanent record shall be made and preserved of all registration appeals made to, and acted upon by, the Resident Associate Judge of Sussex County, sitting as a Judge to hear appeals as provided in Chapter 56 of the Revised Code of Delaware, 1935. The Docket shall contain the following information in respect to each appeal:
(6) Date of the Appeal
(7) Name of the appellee
(8) The ground or grounds of each appeal
(9) The name of the person or person making the affidavit or affidavits on each appeal
(10) The determination of the Resident Associate Judge on each of the grounds of appeal asserted in each such appeal.
The docket may contain such other information or data as may be required to make a complete record of each appeal acted upon. All entries in said docket shall be under the supervision and direction of the Resident Associate Judge, and the record of each appeal shall be approved by the Resident Associate Judge sitting in said appeal. The record of each appeal shall fully disclose each and every ground upon which the said appeal is filed. The Registration Appeal Docket or Dockets for Sussex County shall be and remain in the care and custody of the said Department and shall be produced before the Resident Associate Judge by the Department whenever required by the Resident Associate Judge sitting for the purpose of hearing appeals in the respective election districts of his County. Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the Resident Associate Judge which presents the same or substantially the same issue as has already been determined in a prior appeal.
Section 36. Additional Registration Periods for Those in Armed Forces, Etc.; Auxiliary Registration Officers, Appointment, Oaths, Vacancies:--In addition to the registration days as provided in Chapter 56 of the Revised Code of Delaware, 1935, the Department of Elections for Sussex County shall sit each day, Sundays and legal holidays excepted, during the regular office hours of the Department and such other hours as the Department may deem necessary, in the office of the Department for the purpose of registering and shall register every qualified elector who is a member of the armed forces, or of the Merchant Marine of the United States, or is serving with the American Red Cross, the Society of Friends, the Women Air Force Service Pilots, or the United Service Organizations attached to the armed forces of the United States, or who has received official notice of his or her induction or acceptance into any such services, and whose name does not already appear as a registered voter on the registration books of his or her election district, and who shall appear in person at the office of the said Department of Elections for Sussex County, or for the purpose of transferring the registration of any such elector; provided, however, no such elector shall be registered or transferred within the period commencing ten days prior to the day of election and ending ten days thereafter, except as otherwise provided by law.
For the purposes of this Section the members of the Department of Elections for Sussex County are authorized and empowered to perform all the duties required of registration officers as provided in Chapter 56 of the Revised Code of Delaware, 1935. The Department of Elections for Sussex County may also appoint not more than two capable persons as Auxiliary Registration Officers who shall be residents and voters in Sussex County. The Auxiliary Registration Officers so appointed shall possess all the powers of, and shall perform all the duties imposed by law upon, registration officers, except that they shall not be, nor shall they be authorized to perform any of the duties of, an election officer.
Auxiliary Registration Officers appointed under the provisions of this Section shall be equally divided between the two principal political parties, and they shall serve at the pleasure of the Department.
Before entering upon their duties as registration officers, the members of the Department and Auxiliary Registration Officers shall take and subscribe the oath or affirmation as prescribed for other registration officers.
If any vacancy or vacancies should occur among said Auxiliary Registration Officers in Sussex County, such vacancy or vacancies shall be filled by the appointment of some capable person or persons, who shall possess the same qualifications and be qualified in the same manner as the original appointee or appointees.
All the provisions relating to registration of voters in general as provided by law, shall apply as far as pertinent to this Section.
Section 37. Duty of Department to Examine Registration Books; When; New Books Supplied; How; When; Transcription of Names, Etc.; Old Books Preserved:--After each supplemental or additional Registration, it shall be the duty of the Department of Elections for Sussex County to examine all of the Registers and Books of Registered Voters for each and every election district in Sussex County; and if upon such examination it shall appear that the Registers or the Books of Registered Voters containing the registration in any election district in its County will not be available for the subsequent registration, then next succeeding, either from lack of space, or because they have become worn or for any cause whatever, it shall be the duty of the said Department to notify the Governor, forthwith, what registration books are required for subsequent registrations in any election district in its County; and it shall be the duty of the Governor, at least five days prior to the first day of April, in the year of holding the next succeeding election, to furnish the said Department all registration books needed in any election district in Sussex County for subsequent registrations, of the form and design as in Chapter 56 of the Revised Code of Delaware, 1935, prescribed; and the registration books so provided shall become and be respectively the Registers and Books of Registered Voters for subsequent registrations in such election district; the Register shall be endorsed upon the back and at the head thereof with the words, "Register of _____ Election District of ______ Representative District of Sussex County" together with the date, month and year when the same were received by the Department; the Books of Registered Voters supplied as aforesaid shall be endorsed, "Books of Registered Voters of Election District of Representative District of Sussex County"; endorsements as herein provided shall be made by the President of the Department. All the provisions of Chapter 56 of the said Revised Code relative to Registers and Books of Registered Voters, so far as consistent, herewith, shall apply to the aforesaid books.
It shall be the duty of the Department of Elections for Sussex County, in each election district in Sussex County, in which new registration books are furnished for any of the causes herein-before stated, to transcribe or cause to be transcribed from the original Registers into the new registration books so furnished, the names and other particulars, as required by law, omitting therefrom all names which theretofore have been stricken from the lists of registered voters in said election district; upon such transcription being completed, each of said books shall be compared as to their correctness and shall be verified by oath or affirmation by all the members of the Department; the affidavit signed by them shall be attached to each book in which such transcription has been made as aforesaid.
The Department shall keep and preserve until the last day of February next after the ensuing general election all of the books from which the transcription was made.
Section 38. Repeal of Existing Law:--From and after the effective date of this Act, Chapter 126, Volume 43, Laws of Delaware, be and the same is hereby repealed.
Section 39. Repeal of Inconsistent Provisions:--.All Acts or parts of Act inconsistent with the provisions of this Act are hereby repealed so far as such inconsistencies exist.
Approved April 3, 1945.