CHAPTER 148
FORMERLY SENATE BILL NO. 297
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 15, DELAWARE CODE, RELATING TO A PORTION OF THE ELECTION LAWS, BY MAKING CERTAIN CHANGES THEREIN.
Section 1. Title 15, § 101, Delaware Code, is hereby amended by striking the first two paragraphs and inserting in lieu thereof the following:
"Ballot" means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which he is nominated, a space for the voter to write in the name of any candidate of his choice for any office, and the statement of any question submitted with provision for a 'yes' or 'no' vote.
"Board of Elections" or "Board" in each of the three counties of the State means that body of individuals appointed by the Governor and confirmed by the Senate to serve as a Board of Elections for their respective counties, and as such vested with the responsibility and power to see to the administration of the Election Laws of this State in their respective counties as more particularly defined in this Title.
Section 2. Title 15, § 101, Delaware Code, is hereby amended by striking the words "and 4731" where they appear in the definition of Election Officers under said section.
Section 3. Title 15, § 103, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein, including the Title of said section, and inserting in lieu thereof the word "Board".
Section 4. Title 15, § 103 (c), Delaware Code, is hereby amended by striking the words "by the method provided for in this section" where they appear in the last sentence thereof.
Section 5. Title 15, § 104, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein, including the Title of said section, and inserting in lieu thereof the word "Board".
Section 6. Title 15, § 105, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein, including the Title of said section, and inserting in lieu thereof the word "Board".
Section 7. Title 15, § 107, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 8. Title 15, § 108, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 9. Title 15, § 109, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 10. Title 15, § 110, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 11. Title 15, §111, Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 12. Title 15, § 112 (a), Delaware Code, is hereby amended by striking the word "Department" wherever it appears therein and inserting in lieu thereof the word "Board".
Section 13. Title 15, §112 (b), Delaware Code, is hereby amended to read as follows:
(b) The Administrative Director shall assist the Department of Elections of his county in carrying out its duties and responsibilities and, subject to the policies and directives of the Board, shall have general supervision over the employees of the Department and shall see to it that the work of the Department is performed in a proper and non-partisan manner.
Section 14. Title 15, § 112 (e), Delaware Code, is hereby amended by striking the word "Department" where it appears therein and inserting in lieu thereof the word "Board".
Section 15. Title 15, § 115 (b), Delaware Code, is hereby amended by striking the word "registration" where it appears therein and inserting in lieu thereof the word "Representative".
Section 16. Title 15, g 1306 (a), Delaware Code, is hereby amended by inserting the words "and procure" after the word "designate" and before the words "a registration place" where they appear in the first sentence therein.
Section 17. Title 15, § 1306 (b), Delaware Code, is hereby amended by deleting the last sentence therein.
Section 18. Title 15, § 1306 (d), Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following:
The registration officers of each election district shall fit out the room in the registration place.
Section 19. Title 15, § 1307 (b), Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following:
All other costs and expenses of registration shall be paid by the State.
Section 20. Title 15, § 1505, Delaware Code, is amended as follows:
§ 1505. Alternate registrars; appointment
Whenever the person appointed as Registrar for a particular election district is temporarily incapable of performing the duties of that office, the Department shall, whenever possible, appoint the Assistant Registrar of that election district from the same political party as Alternate Registrar, only for that time during which the Department shall determine the Registrar is unable to serve. If it is not possible to have the Assistant Registrar mentioned above serve as Alternate Registrar, then the Department, if possible, shall appoint some other person named on the list submitted by the political party in which the Registrar is registered.
If an Assistant Registrar is unable to serve at any time, a substitute shall be appointed from the list submitted by the political party in which the Assistant Registrar is registered, if possible. Whenever feasible, a person already selected under Section 4701 of this Title to serve as a Clerk of Elections shall be appointed as a substitute for an Assistant Registrar. In no event shall there be more than two (2) persons of the same political party serving as registration officers in an election district.
Section 21. Title 15, § 1507, Delaware Code, is hereby amended to read as follows:
§ 1507. Oath of office for registration
and election
officers
(a) Each person appointed under Section 1501 of this Title shall take and subscribe before the Department before beginning his duties the following oath (or affirmation):
, residing in
Election District of the 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 Registration and Election Officer for the
Election District of the Representative District in
County, according to the best of my ability.
(b) Any Board of Elections member, administrative director, deputy administrative director, or other authorized agent of the Department may administer this oath (or affirmation).
Section 22. Title 15, § 1508, Delaware Code, is hereby amended to read as follows:
§ 1508. Appearance of registration and election officers for taking of oath and instruction
Each person appointed under Sections 1501 and 4701 of this Title shall appear before the Department to qualify by taking and
subscribing to the prescribed oath (or affirmation) and to receive suitable instruction after due notice from the Department, which shall be given at least seven (7) days before the times appointed for the appearance of the registration and election officers. No person shall be excused from the obligation unless he shall have become disqualified by sickness, disability, or otherwise.
Section 23. Title 15, §1511, Delaware Code, is hereby amended by adding the following subsection thereto:
(d) Each Registrar, Assistant Registrar, and Alternate Registrar shall be paid Five Dollars ($5.00) for each day's service in performing any duty required to be performed on a day other than the day of registration, except as otherwise provided.
Section 24. Title 15, §1512, Delaware Code, is hereby amended by deleting the word "secretary" as it appears therein and inserting in lieu thereof the word "Administrative Director".
Section 25. Title 15, § 1702, Delaware Code, is hereby amended to read as follows:
§ 1702. Removal of names by Board of Elections
(a) At any duly called meeting of the Board of Elections for each county, the Board may sit to consider the removal of names from the County Master Record in cases where there is a valid reason to believe a person is no longer a duly qualified elector in the election district in which he is registered.
(b) The Board shall afford the affected voter the full right to be heard at such meeting with the right of appeal in all cases, first giving notice as required by Section 1711 of this Title.
Section 26. Title 15, § 1705 (b), Delaware Code, is hereby amended to read as follows:
(b) The Department shall remove the original and duplicate permanent registration records of each deceased voter from the Election District Record and the County Master Record and place them in a special file labeled "Disqualified Voters". If the Department so desires, it may file a microfilm copy of these records instead of the originals, which originals may then be
destroyed. The Commissioner shall delete the record of the deceased voter from his files.
Section 27. Title 15, § 1706 (d), Delaware Code, is hereby amended by striking the words "The Secretary or a member" where they appear in the fourth paragraph thereof and inserting in lieu thereof the words "The Administrative Director or any other agent".
Section 28. Title 15, § 1706 (e), Delaware Code, is hereby amended by striking the word "Department" where it appears as the second word in the second paragraph thereof and inserting in lieu thereof the word "Board".
Section 29. Title 15, § 1726, Delaware Code, is hereby amended by striking the last two sentences thereof and inserting in lieu thereof the following:
"Such flags shall bear the following words:
`REGISTRATION AND POLLING PLACE'."
Section 30. Title 15, § 1728, Delaware Code, is amended to read as follows:
The registration officers shall, at the conclusion of their last sitting, sign an oath that within their knowledge no false or improper entries have been made in the registration records.
Section 31. Title 15, §1741 (a) (1), Delaware Code, is hereby amended by deleting the words "except between the third Saturday in October and Election Day in the year of a general election", inserting in lieu thereof the following words:
except during the period from the third Saturday in October of a general election year through election day.
Section 32. Title 15, § 1751, Delaware Code, is hereby amended by deleting the words "at any time except during the period from March 1 until the third Tuesday in June of an election year", and inserting in lieu thereof the following words:
at any time except during the periods from March I until the third Tuesday in June of a general election year and from the third Saturday in October of that year through election day.
Section 33. Title 15, § 2001, Delaware Code, is hereby amended by deleting the words "until the third Saturday in October of a general election year" and inserting in lieu thereof the words:
except during the period from the third Saturday in October of a general election year through election day.
Section 34. Title 15, §3107 (a) (1), Delaware Code, is hereby amended by inserting the words "and each Department of Elections" after the words "State Election Commissioner" where they appear in the first sentence thereof.
Section 35. Title 15, § 3124 (c), Delaware Code, is hereby amended by striking " §5011" where it appears therein and inserting in lieu thereof "§ 4910".
Section 36. Title 15, § 3124 (c), Delaware Code, is hereby amended by striking the words "subsection (b)" wherever they appear therein and inserting in lieu thereof "subsection (c)".
Section 37. Title 15, § 3124 (c), Delaware Code, is hereby amended by striking the words "subsection (c)" where they appear therein and inserting in lieu thereof the words "subsection (d)"
Section 38. Title 15, § 3125 (c), Delaware Code, is hereby amended to read as follows:
(c) Poll lists, stationary and other such supplies customary and necessary for the use of the officers conducting such primary election.
Section 39. Title 15, §3125 (d), Delaware Code, is hereby amended by striking the word "printed" where it appears therein and inserting in lieu thereof the word "written".
Section 40. Title 15, §3128, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
§ 3128. Designation of polling places
The Departments of Election shall, at least two weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for general election.
Section 41. Title 15, §3147, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
§ 3147. Powers to preserve peace
Each of the election officers of any primary election shall have the same powers as provided in Section 4953 of this Title.
Section 42. Title 15, §3163, Delaware Code, is hereby repealed.
Section 43. Title 15, §3166, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
§ 3166. Challengers
(a) Each candidate for nomination at any primary election may appoint and accredit some suitable person as a challenger. One challenger for each candidate whose name appears on the ballot for that election district may be present inside the polling place and shall be permitted to observe the conduct of the primary election and all the election records. The challengers may be changed and their places filled in like manner during the day.
(b) The duties, privileges and activities of these challengers shall be governed by sections 4934 (b) and (c) and other pertinent sections of this Title, consistent with this Chapter.
Section 44. Title 15, § 3172, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
§ 3172. Tabulation of vote and proclamation of results
As soon as the polls are closed at a primary election, the votes shall be tabulated as set forth in Chapter 49 of this Title.
Section 45. Title 15, § 4503, Delaware Code, is hereby amended by striking the words "and distribution" where they appear in the title line thereof.
Section 46. Title 15, §4503 (a), Delaware Code, is hereby amended by striking the words "and distribute" where they appear therein.
Section 47. Title 15, §4506, Delaware Code, is hereby amended by deleting in its entirety and inserting in lieu thereof the following:
§ 4506. Substitution of candidate's name after printing of ballots
In case of the death, removal or resignation of any candidate after the printing of the ballots and before the election, the Chairman of the State, County, or District political organization, by which such candidate was nominated, may make a nomination to fill such vacancy.
The Department of Elections shall be responsible for the printing of additional ballots, posters or any other necessary printing. If posters containing the name of the candidate are used, the Department shall deliver them to the Inspector who shall see to it that they are placed and maintained on the appropriate places on the voting machines and certificates of election.
Section 48. Title 15, §4510, Delaware Code, is hereby repealed.
Section 49. Title 15, §4511, Delaware Code, is hereby amended by deleting the words "When ballots provided for in this Chapter are used pursuant to Chapter 50 of this Title, there shall be furnished for any such election district two tally sheets", and inserting in lieu thereof the words "There shall be furnished for each election district absentee ballot tally sheets and write-in vote tally sheets".
Section 50. Title 15, § 4514 (b), Delaware Code, is hereby amended by adding a new sentence to the end thereof as follows:
There shall be a space provided to record the number of absentee ballots counted and the number of absentee ballots rejected.
Section 51. Title 15, §4515, Delaware Code, is hereby amended by deleting the word "Registrar" and inserting in lieu thereof the word "Inspector" where it appears in the first paragraph thereof.
Section 52. Title 15, § 4515 (3), Delaware Code, is hereby repealed.
Section 53. Title 15, §4515 (9), Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
"(9) Fifteen (15) blank forms of oaths provided for in § 4946 of this Title."
Section 54. Title 15, §4515, Delaware Code, is hereby amended by deleting the last paragraph thereof in its entirety.
Section 55. Title 15, § 4518 (a), Delaware Code, is hereby amended by striking the words "shall designate" where they appear in the first sentence therein and inserting in lieu thereof the words "shall designate and procure".
Section 56. Title 15, §4518 (b), Delaware Code, is hereby amended by deleting the last sentence in its entirety.
Section 57. Title 15, § 4518 (d), Delaware Code, is hereby amended by deleting the words "or Booths" where they appear in the first sentence thereof.
Section 58. Title 15, § 4518 (d), Delaware Code, is hereby amended by striking the last sentence thereof in its entirety.
Section 59. Title 15, §4521, Delaware Code, is hereby amended by striking the word "secretary" where it appears therein and inserting in lieu thereof the word "Administrative Director".
Section 60. repealed. Title 15, 345
§ 4522, Delaware Code, is hereby
Section 61. repealed. Title 15, §4702, Delaware Code, is hereby
Section 62.repealed. Title 15, §4703, Delaware Code, is hereby
Section 63. Title 15, §4705, Delaware Code, is hereby
amended by inserting the words "or clerk" after the words "or Judge of Election" wherever they appear therein.
Section 64. Title 15, §4706, Delaware Code, is hereby amended by inserting the word "clerk," after the words "Judge of Election," where they appear therein.
Section 65. Title 15, § 4706, Delaware Code, is hereby amended by adding thereto a new paragraph to read as follows:
If any election officer shall be temporarily unable to perform his duties on the day of a primary or special election because of illness, disability, or any other cause deemed reasonable by the Department, an alternate shall be appointed by the Department. If the Inspector is unable to serve, the Judge of Election of the same political party as the Inspector shall be named to serve as his alternate, whenever possible. If a Judge is unable to serve, a Clerk of Election of the same party as the Judge shall be appointed alternate, whenever possible. In all other cases and in finding alternates or substitutes for Clerks of Election, the Department shall give preference in making these temporary appointments to those persons named on the lists submitted by the political parties in accord with Section 1501 (b) of this Title, if it is feasible to do so.
Section 66. Title 15, §4708, Delaware Code, is hereby amended by adding thereto the words "or clerk" after the words "Judge of Election" wherever they appear therein.
Section 67. Title 15, §4709, Delaware Code, is hereby repealed.
Section 68. repealed. Title 15, § 4732, Delaware Code, is hereby
Section 69. repealed. Title 15, § 4735, Delaware Code, is hereby repealed.
Title 15, §4736, Delaware Code, is hereby
Section 71.
repealed. Title 15, § 4737, Delaware Code, is hereby
Section 72.
repealed. Title 15, § 4740, Delaware Code, is hereby
Section 73. Title 15, § 4741, Delaware Code, is hereby
amended by striking the words "Not more than twenty-one (21) days and not less than ten (10) days prior to date of election," where they appear in the first sentence thereof and inserting in lieu thereof the words "During the thirty (30) days prior to the day of election,".
Section 74. Title 15, § 4902, Delaware Code, is hereby amended by striking the word "Registrar" wherever it appears therein and inserting in lieu thereof the word "Inspector".
Section 75. Title 15, §4902, Delaware Code, is hereby amended by striking the words "Assistant Registrar" where they appear therein and inserting in lieu thereof the word "Judge".
Section 76. Title 15, § 4910, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof the following:
§4910. Instruction sheets; sample ballots
(a) Two sheets of instructions to voters shall be posted in the polling place prior to the opening of the polls. One of the sheets shall be placed near the door to the voting room.
(b) The Department of Elections shall also provide for each election district two sample ballots applicable to such election district, which ballots shall measure approximately ten (10) inches
by twelve (12) inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on each election day. Such sample ballots shall be delivered to the Department of Elections which shall in turn deliver them with the other election supplies to the proper election officers throughout the county.
(c) The Department of Elections shall deliver to the County Chairman of each political party, free of charge, fifteen (15) sample ballots for each election district in the county.
(d) In addition to the sample ballots mentioned in subsections (b) and (c) of this section, the Department of Elections in each county shall cause to be printed such further number of sample ballots as shall be directed by the chairman of any committee of any political party in any county. However, the Department of Elections shall not have printed any sample ballots upon the order or request of any chairman of any committee of any political party unless the request shall have been made to him in writing at least sixty-five (65) days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered.
(e) The sample ballots to which the political parties shall be entitled hereunder shall be delivered to the county chairman of a political party or to his agent upon his request not more than ten (10) days and not less than five (5) days before the election for which said sample ballots have been prepared.
Section 77. Title 15, §4911, Delaware Code, is hereby repealed.
Section 78. Title 15, § 4912 (a), Delaware Code, is hereby amended by striking the last sentence thereof in its entirety.
Section 79. Title 15, § 4913, Delaware Code, is amended to read as follows:
§4913. Procedure prior to opening of polls
(a) The election officers of each election district shall attend at the polling place three-quarters of an hour before the
time set for opening of the polls, and shall proceed to arrange the furniture, stationery and voting machine for the conduct of the election. The Department of Elections shall have the voting machines, ballots, and stationery required to be delivered to the polling place for such election. If not previously done, the election officers shall insert in their proper places on the voting machine the ballot containing the names of officers to be filled at such election and the names of candidates nominated therefor. The election officers shall cause to be posted conspicuously within the polling place the two (2) instruction cards and two (2) sample ballots. They shall see that the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides, or top of the voting machine.
(b) The keys to the voting machine shall be delivered to the election officers at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall appear the number and location of the voting machine, the number of the seal, the number registered on the protective counter or device and on the write-in paper roll. The envelope containing the keys shall not be opened until at least one election official from each of the two (2) political parties shall be present at the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope, all election officers present shall examine the number on the seal of the machine, the number registered on the protective counter, and also at the top of the write-in paper roll, and shall see if they are the same as the number written on the envelope; and if they are not the same, the machine must not be opened until a representative of the Department shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged.
(c) If the numbers on the seal and protective counter are found to agree with the numbers on the envelope, the election officers shall proceed to open the doors concealing the counters, and each officer shall carefully examine every counter and see that
it registers zero (000), and the same shall be subject to the inspection of official challengers. The machine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. The doors concealing the counters shall be locked before any vote is cast on the voting machine and shall remain locked until after the polls have closed. If any counter is found not to register zero (000), the election officers shall immediately notify the Department of Elections which shall cause each counter to be tested for accuracy by casting votes upon it and when it is ascertained that all of the counters are correctly registering each vote, the counters shall be adjusted to zero (000). The reading of the protective counter shall then be read and recorded. If it is impracticable for a member of representative of the Department of Elections to arrive in time to so adjust such counters before the time set for opening the polls, the election officers shall immediately make a written statement of the number on each counter and shall sign and post the same upon the wall of the polling room where it shall remain throughout the election day, and in filling out the statement of canvass, they shall subtract such number from the number then registered thereon.
Section 80. Title 15, § 4914, Delaware Code, is hereby repealed.
Section 81. Title 15, § 4932, Delaware Code, is amended to read as follows:
§4932. Location of election officers within voting room; location and care of voting machine
(a) The Inspector, Judges and Clerks shall remain in the polling place at all times while the polls are open. They shall locate themselves in a place separate from all other electors.
(b) The election officers shall so place the voting machine and shall seat or locate themselves in such a manner that they can plainly see the ballots on the face of the machine at all times when the machine is not in use by a voter. During the hours for voting, no voting machine shall be hidden, concealed or obscured in any way from the full view of the election officers, the challengers and all electors entering the voting room to cast their ballots. The election officers shall not themselves be, nor permit any other
person to be, in any position which might permit one to observe how an elector has voted.
The election officer attending the machine shall inspect its face after each voter has cast his vote to make certain the ballots on the face of the machine are in proper condition and that the machine has not been harmed in any way. The door of the counter compartment shall not be unlocked or open, or the vote counters exposed at any time. If it shall become necessary for a representative of the Department to open the rear counter compartment door or to expose the counters because of a failure on the voting machine which cannot be repaired otherwise, a statement of this fact shall be written down, signed by the election officers and the Department representative, and submitted to the Department with the election records.
Section 82. Title 15, § 4933, Delaware Code, is hereby amended by striking the words "concerned with" where they appear in the last sentence thereof and inserting in lieu thereof the words "necessary to".
Section 83. Title 15, § 4938, Delaware Code, is hereby repealed.
Section 84. Title 15, § 4939, Delaware Code, is amended to read as follows:
§4939. Voting procedure
A voter, upon entering the room where an election is being held, shall announce his name and address, whereupon the Clerks shall place a mark or make a notation of his name upon the poll list.
The Election Officers shall first determine whether the Election District Record contains an original, permanent registration record for the voter. If it appears that the voter is properly registered, an Election Officer shall hand to the voter a Voter Signature Card which the voter shall sign. An Election Officer shall then place the voter's permanent, significant registration number upon the Voter Signature Card unless it is already recorded thereon. Two (2) Election Officers, one (1) from each political party, shall then compare the signature of the voter as it appears
upon the Voter Signature Card with the signature of the voter as it appears upon the voter's original permanent registration record in the Election District Record. If the two (2) Election Officers are not satisfied that the voter who signed the Voter Signature Card is the same voter who signed the voter's original permanent registration record, the voter shall not be permitted to vote.
In the event that the voter is unable to sign a Voter Signature Card for any reason, or in the event that the voter's original permanent registration record is unsigned, or both, the two (2) Election Officers shall determine the identity of the voter by means other than by comparison of signatures. The Election Officers shall then make note of the pertinent facts upon a Voter Signature Card which shall bear the name and permanent significant registration number of the voter.
In the event of a disagreement as to the identity of the voter, his right to vote shall be determined by a majority vote of the Inspector and the two (2) Judges of the election. In the event that the voter is not permitted to vote, his Voter Signature Card shall be marked "not permitted to vote" and signed by two (2) Election Officers, and shall be forwarded to the Department at the same time and in the same manner as other Voter Signature Cards are sent to the Department.
If the voter is not challenged or if a challenge is decided in his favor, one of the Election Officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit him to pass through the entrance to the booth of the voting machine for the purpose of casting his vote. The Judges shall then cause the original permanent registration record of the voter to be appropriately marked to indicate the voter has voted in the election. No voter shall remain in the voting machine booth longer than three (3) minutes, unless for good and sufficient reason he be granted a longer period of time by the Election Officers in charge. When the voter has cast his vote, the voter shall at once leave the room. If he refuses to leave after a reasonable period, he shall be removed by the Election Officers. No voter, after having entered and emerged from the voting machine booth shall be permitted to re-enter the same on any pretext whatever. Only one (1 ) voter at a time shall be permitted to enter the voting machine booth. No voter shall hold any conversation or communicate with any other person than an Election Officer while in the voting room, except as otherwise provided in this Title.
Section 85. Title 15, §4944, Delaware Code, is hereby amended by striking the words "receive or deposit in the ballot box the ballot or' where they appear in the first paragraph thereof and inserting in lieu thereof the words "admit to a voting machine".
Section 86. Title 15, §4945, Delaware Code, is hereby amended by inserting the words "Inspector and" before the word "Judges" where it appears therein.
Section 87. Title 15, § 4948, Delaware Code, is hereby repealed.
Section 88. Title 15, § 4949 (b), Delaware Code, is hereby amended by striking the phrase "being an election officer," where they appear therein.
Section 89. Title 15, § 4950, Delaware Code, is hereby amended to read as follows:
§4950. Assistance for blind and physically disabled voters; instructions for voters
(a) Any qualified elector who is blind or otherwise physically unable to operate the voting machine or to reach the voting room alone with safety shall be permitted to bring with him into the voting room and the voting machine booth one elector or two electors, if necessary, of his own choosing, in order to receive whatever assistance he may need in order to vote. No voter shall receive any other assistance in voting than that authorized by this subsection.
(b) Any Election Officer may provide instruction or information for a voter through use of one of the sample ballots posted in the voting room.
Whenever a voter requests further instructions in the manner of voting or the operation of the voting machine after having entered the voting machine booth, two Election Officers of opposite political parties shall jointly give such instructions. In
doing so, the officers shall take care not to assist the voter in any manner that might influence his vote. After giving instructions, both officers shall retire before the voter begins to register his vote, which he shall do in secret at all times.
Section 90. Title 15, §4972, Delaware Code, is hereby amended to read as follows:
§4972. Counting absentee votes
(a) Any time after all absentee ballots have been voted in accordance with Section 5516 of this Title and securely deposited in a locked ballot box, the Inspector may announce that tabulation of these ballots is to begin. The Inspector shall then openly unlock the ballot box containing the absentee ballots. In the presence of the other election officers and the challengers authorized to be in the voting room, he shall then take the envelopes containing the ballots from the box one by one, and remove the ballot from the envelope. Each of the Judges shall then examine each ballot. They shall then pass the ballot to the Inspector, who shall also examine the ballot. If the ballot is not disputed or disqualified, the Inspector shall then read the office for which voted, starting at the top of the ballot, and then the name of the candidate for whom the vote was cast.
(b) The two Clerks shall keep count of the votes announced by the Inspector by individually marking these votes on separate tally sheets. They shall do so by making a distinct mark with a pen in the squares provided on the tally sheet. Each Clerk, upon making a mark, shall repeat the name of the person voted for. Each square, when full, shall contain five (5) marks. When the Clerk shall make the fifth mark in a square, he shall also call out `tally', and when he makes the first mark in the next square, he shall call out 'one on the new'.
(c) When all the absentee ballots have been counted, the Clerks shall first compare their tallies and shall then add up the total number of votes cast for each candidate, with the Inspector and Judges observing these procedures.
(d) The total number of votes cast for each candidate for each office shall not be announced whenever the count is made prior to the closing of the polls, but shall be read aloud later after the count shown on the voting machine is announced. Until that time, the count of absentee ballots shall be kept secret by the Inspector, Judges and Clerks, and any challenger present.
Whoever, being an election officer or any other person having access to the voting room, discloses any or all portions of the count of absentee votes to any persons, other than a fellow election officer of that district, prior to the closing of the polls shall be fined not less than One Hundred Dollars ($100) and may be imprisoned not more than one (1) year.
Section 91. Title 15, §4973, Delaware Code, is hereby repealed.
Section 92. Title 15, § 4974, Delaware Code, is hereby amended by striking subparagraphs "(1)" and "(3)" thereof in their entirety.
Section 93. Title 15, § 4974 (5), Delaware Code, is hereby amended to read as follows:
(5) A ballot put in without any marks shall not be counted.
Section 94. Title 15, § 4977, Delaware Code, is amended to read as follows:
§ 4977. Tabulation of votes shown on voting machine
As soon as the last voter has left the voting machine booth, the Inspector shall see to it that the machine is locked against further voting by leaving the officers' control lever on the side of the machine in the inactive or 'in' position. The Inspector shall sign the certificate stating that the machine is locked against voting, the number of voters shown on the public counter, the number on the seal, and the number on the protective counter. The other election officers shall witness the filling out of this information.
With the assistance of the Inspector and utilizing the voting machine keys held by them, the Judges shall then open the counting compartments on the front of the machine in the presence of all persons who may lawfully be in the voting room at that time.
The Inspector shall then read in distinct tones the votes recorded on the counters for each office and each candidate. He shall read first each office, starting at the top of the ballot, and shall read across left to right the number of votes cast for each candidate for that office. He shall also read aloud the votes cast on each question on the ballot, in like manner. The Judge of the opposite political party from the Inspector shall stand by him at the front of the machine to verify the counts being called off.
While the Inspector is reading the votes cast, these votes shall be recorded on the individual certificates of election by two (2) Clerks and the Judge of the same political party as the Inspector. The count from 'each voting machine shall be recorded separately on each certificate.
If not already counted, the absentee ballots shall then be tabulated as provided in Section 4972 of this Title.
Section 95. Title 15, § 4978, Delaware Code, is amended to read as follows:
§4978. Counting of write-in votes
After all other votes cast in the election have been tabulated, the Inspector shall unlock the door leading to the paper roll, in the presence of the other Election Officers and any others authorized by law to be in the voting room.
He shall read the number now appearing at the top of the paper roll, in view either immediately or by turning the roll, and cause it to be recorded on the certificates of election. The Judge of the opposite political party shall verify this number. If the number is the same as that recorded at the opening of the polls, then this shall be sufficient evidence that no write-in votes have been cast.
However, if the number is different, then the Inspector shall proceed to remove all that portion of the paper roll which has been voted upon. He shall then spread out the removed section of the paper roll on a table or other flat surface. The lines on the paper roll shall be matched up with a duplicate of the ballot strip placed in the voting machine listing the offices voted for. (If this method is not satisfactory to the Election Officers, the paper roll may be spread across the face of the machine and its horizontal lines matched with the rows for the offices to be voted for shown on the ballot.)
The Inspector shall then proceed to read distinctly each office voted for, starting from the top of the ballot, and the names of the persons for whom votes were cast. If the name of the person voted for is not clear, the Inspector and two Judges shall examine the paper roll and determine, by majority vote, if necessary, the name to be entered on the certificate of elections. The Judge of the opposite political party shall stand or sit with the Inspector while he reads off the write-in votes to verify the votes cast.
Each Clerk shall enter the name of the person voted for on the separate tally sheet provided for that purpose and shall mark the number of votes cast for each person in the same manner as provided for absentee ballots in Section 4972 of this Title.
After the counting is completed, the Clerks shall compare their tallies and add up the number of votes cast for each person in the presence of the Inspector and Judges. They shall then announce the names of the persons voted for and the total number of votes cast for each person. The paper roll shall be placed in the envelope which shall contain the certificate of elections to be delivered to the Prothonotary.
Section 96. Title 15, § 4979, Delaware Code, is hereby amended to read as follows:
§4979. Persons authorized to be present during the count and tabulation
Any candidate and any duly accredited challenger may be admitted to the voting room after the closing of the polls to observe the counting and tabulation of votes. Such persons shall be afforded full opportunity to examine the face and counters of the voting machine, the tally sheets for absentee and write-in votes, and the certificates of election after the tabulation is completed.
§4980. Certificates of election; tally lists
(a) When the reading and counting of the votes is completed, the Inspector, Judges and Clerks shall forthwith make and sign three (3) certificates of the election in their election district, according to the form prescribed in Section 4514 of this Title, stating every office for which votes shall have been given at the election, the name of every person to whom any vote shall have been given for such office, and the number of votes given to such person for the office.
(b) Each copy of such certificate shall be put in separate envelopes, which shall be furnished by the Departments of Election, and the envelopes shall be endorsed on the face thereof with the word "Certificate of the votes cast in
, Election District of
Representative District at the general election in
County, A. D ," and on the back of each envelope, after
the same shall have been sealed, the Inspector and Judges shall respectively write their name crosswise the sealing.
(c) The tally lists shall be signed by the Inspector, Judges and Clerks. They shall be enclosed and sealed in the envelopes containing the certificates of election to be delivered the night of election day to the Prothonotary and the Department of Elections. The other certificate shall be placed by itself in an envelope and turned over to the Judge of the opposite political party from the Inspector, who shall file this certificate with the Superior Court serving as the Board of Canvass at twelve (12) noon the second day following the election.
Section 98. Title 15, Chapter 49, Delaware Code, is hereby amended by adding thereto the following new section:
§4981. Delivery of certificates, election records and supplies, voting machines and absentee ballot boxes
(a) After the close of election, the Inspector shall deliver one of the certificates of election, together with the absentee ballot box and the write-in paper roll, if any, to the Prothonotary of the Superior Court for his county. The Prothonotary shall, at twelve (12) noon on the second day after. the election, present
such certificates, paper rolls, ballot boxes, and other pertinent papers to the Court.
If the Inspector of any election district dies or is prevented by sickness or accident from delivering the above-mentioned items to the Prothonotary the night of election day, the certificate of election, absentee ballot boxes, and write-in paper roll, if any, shall be sent by safe and secure conveyance to the Prothonotary on the day following the election, and the Inspector, his executors, administrators, or heirs shall be responsible for such delivery. The same shall apply to the certificate of election, poll lists, election records and supplies which the Inspector is obligated to return to the Department of Elections the night of election day.
(b) At the end of the day of election, each Inspector shall deliver to the office of the Department of Elections of his county these items:
(1) One certificate of elections
(2) Poll list
(3) Oaths (or affirmations) signed by the Election Officers
(4) The key to the doors of the voting machines or machines used in his election district
(5) The book, or books, of original permanent registration records provided him as the Election District Record
(6) All voter signature cards provided by the Department
(7) All tally sheets
(8) All other supplies provided him by the Department, including the flag of the United States of America and the polling place flag
All certificates, poll lists, oaths (or affirmations), voter signature cards, tally sheets and other records of the election shall
be filed in the Department of Elections for not less than one (1) year following the election, shall be public records and, as such, admissible as evidence.
Section 99. Title 15, Chapter 49, Delaware Code, is further amended by adding thereto the following new section:
§4982. Return and custody of voting machines and keys
(a) After the final and complete tabulation of the vote has been ended by the Election Officers, and no sooner, the Inspector shall lock the front door and the paper roll door of each voting machine. These doors shall remain locked unless and until authorized otherwise by this Title. He shall then place the appropriate key in an envelope supplied by the Department of Elections on which shall be written the number of the machine, the number of the seal and the number registered on the protective counter and on the write-in paper roll and the election and representative district where used. This envelope containing the key shall be returned to the Department of Elections immediately following the close of the election, as provided in Section 4981 (b) of this Title.
No unauthorized person shall have in his possession any key of any voting machine and any persons entrusted with such keys for election purposes shall not retain them any longer than necessary to comply with the provisions of this Title.
(b) Immediately after the election, and as soon as practicable, the voting machines and absentee ballot boxes shall be stored in some safe and secure place provided by the Department of Elections. While the Board of Canvass is conducting its canvass of the vote, the machines and ballot boxes shall be in the custody of the Prothonotary. While in his custody, the voting machines and the absentee ballot boxes may be opened and examined by order of the Board of Canvass or any other court of competent jurisdiction.
() After the Board of Canvass has completed its canvass of the vote, the Prothonotary shall turn custody of the voting machine and absentee ballot boxes over to the Department of Elections. The Department shall leave the machines and ballot boxes undisturbed and locked until the following February 1.
During this period, the machines and ballot boxes may be opened for inspection by any duly authorized member or agent of the General Assembly or the Attorney General. After February 1, the Department shall be free to unlock, clean out, inspect and repair any voting machine or absentee ballot box.
Section 100. Title 15, Chapter 49, Delaware Code, is further amended by adding thereto the following new section:
§4983. Duties of Department of Elections and Election Commissioner following an election
Immediately following an election the Department shall take each voter signature card and compare it with the voter's original permanent registration record in the Election District Record to determine whether the Election Officers have properly noted that the voter voted at the election and have properly compared the signature on the voter signature card with that on the original permanent registration record in the Election District Record. The Department shall cause a proper notation to be made upon the duplicate permanent registration record in the County Master Record of the fact that the voter has voted in the election. The Department shall notify the Commissioner of the names of each voter who voted in the election and the Commissioner shall indicate on the elector's record in the Commissioner's files that the elector has voted in the election.
Voter signature cards and all other forms and records not of a permanent nature, which are used in the conduct of an election, shall be retained by the Department for not less than one (1) year following the election. The Commissioner may require that the Department send the voter signature cards used in the election to the Commissioner to carry out his duties under this section. In such event, the Commissioner shall return the voter signature cards to the Department not more than six (6) months following their delivery to the Commissioner.
Section 101. Title 15, §5001, Delaware Code, is hereby repealed.
Section 102. Title 15, §5004, Delaware Code, is hereby amended by striking the word "Board" where it appears therein and inserting in lieu thereof the word "Department".
Section 103. Title 15, Chapter 50, Delaware Code, is hereby amended by adding thereto a new section to read as follows:
§5006. Number of voting machines per election district
In all elections, every election district or polling place shall be supplied with at least one (I) voting machine for every six hundred (600) registered voters or a majority fraction thereof.
Section 104. Title 15, §5011, Delaware Code, is hereby repealed.
Section 105. Title 15, 95012 (c), Delaware Code, is hereby amended by striking the next-to-the-last sentence thereof in its entirety, and inserting in lieu thereof the following sentence:
The Department of Elections shall certify the numbers of the machines, that all of the counters are set at zero (000), and the numbers registered on the protective counter, on the seal, and on the write-in paper roll.
Section 106, Title 15, § 5012 (d), Delaware Code, is hereby amended by inserting the words "on the write-in paper roll," after the words "on the protective counter," where they appear therein.
Section 107. Title 15, §5016, Delaware Code, is hereby repealed.
Section 108. Title 15, §5017, Delaware Code, is hereby repealed.
Section 109. Title 15, 65020, Delaware Code, is hereby repealed.
Section 110. Title 15, §5021, Delaware Code, is hereby repealed.
Section 111. Title* 15, § 5022, Delaware Code, is hereby repealed.
Section 113. Title 15, § 5024, Delaware Code, is hereby repealed.
Section 114. Title 15, § 5025, Delaware Code, is hereby repealed.
Section 115. Title 15, § 5026, Delaware Code, is hereby repealed.
Section 116. Title 15, § 5027, Delaware Code, is hereby repealed.
Section 117. Title 15, § 5028, Delaware Code, is hereby repealed.
Section 118. Title 15, §5114, Delaware Code, is hereby repealed.
Section 119. Title 15, §5115, Delaware Code, is hereby amended by striking the words "Clerk of the Peace" wherever they appear therein and inserting in lieu thereof the words "Department of Elections".
Section 120. Title 15, §5117, Delaware Code, is hereby amended to read as follows:
§ 5117. Tampering with election supplies or voting machines prior to opening of election
Whoever, before the opening of the election, registers any vote on a voting machine or at any time tampers with, disarranges, defaces, impairs in any manner, or destroys a voting machine or any part thereof, including the ballots on its face, shall be fined not less than Three Hundred Dollars ($300) nor more than Five Hundred Dollars ($500) and may be imprisoned not less than one (1) nor more than two (2) years.
Section 121. Title 15, § 5119 (c), Delaware Code, is hereby amended by striking the words "Section 4934" where they appear therein and inserting in lieu thereof the words "Section 3166 and 4934".
Section 122. Title 15, §5501, Delaware Code, is hereby amended to read as follows:
§5501. Purpose of chapter
The purpose of this chapter is that those qualified electors of this State who shall be unable to appear to cast their ballots at the polling place of their election district at any general election may be able to cast such a ballot to be counted in the election district if such a privilege has been granted them by Article V, Section 4 A, Constitution of the State of Delaware.
Section 123. Title 15, §5503, Delaware Code, is hereby amended to read as follows:
§5503. Persons eligible to vote by absentee ballot
Any qualified elector of this State, duly registered, may cast his vote by absentee ballot in any general election, such vote to be counted in the total for the election district in which he is registered, if he is unable to appear at the regular polling place of his election district because of being:
(1) In the public service of the United States or of this State, or
(2) In the Armed Forces of the United States or the Merchant Marine of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends, or United Service Organizations, or
(3) Unavoidably absent from the county in which he resides on the day of the general election, or
(4) Sick or physically disabled.
Section 124. Title 15, § 5504 (a), Delaware Code, is hereby amended by inserting the words "by the elector and" before the words "by a person authorized to practice medicine" where they appear in the first sentence thereof.
(b) Any elector desiring to receive an absentee ballot because he qualifies under any of the other reasons set forth in Section 5503 of this Title shall file an affidavit with the Department of Elections for that county, subscribed and sworn to by him before an officer authorized by law to administer oaths. The affidavit shall be dated not more than thirty (30) days prior to the day of election. It shall state the reason why he cannot appear at the regular polling place for his election district on the day of election, his expected location, including his address and a telephone number (if available) to be used for purpose of challenge on election day. The Department shall mail or deliver the official ballot, envelopes, and instructions to the elector as soon as possible after receiving the affidavit.
Section 126. Title 15, 55504, Delaware Code, is hereby further amended by adding thereto a new paragraph to read as follows:
(c) Nothing contained in this section shall prevent the issuance of an absentee ballot to any qualified elector serving in the Armed Forces of the United States, or the Merchant Marine of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends or United Service Organizations when such an elector is lawfully entitled to an absentee ballot and has made a request to the Department of Elections for the county in which he resides if, in the judgment of the Department, the elector has been reasonably unable to comply fully with the requirements for an affidavit set forth in subsection (b) above.
Section 127. Title 15, 55505 (b), Delaware Code, is hereby repealed.
Section 128. Title 15, 55507, Delaware Code, is hereby amended by striking the paragraph in its entirety that begins with the words "That I will be absent from said County" and inserting in lieu thereof the following paragraph:
"That I will be absent from my election district on the day of election because of being ( ) In the public service of the United States or this State, ( ) In the Armed Forces of the United States or the Merchant Marine of the United States, in the American Red Cross, Society of Friends, or the United Service Organization, ( )
Unavoidably absent from the county, ( ) Sick or physically disabled. For the reason indicated, I cannot appear at the polling place in the election district in which I am a qualified elector. I further swear (affirm) that I marked my ballot in secret.
Section 129. Title 15, 95511, Delaware Code, is hereby amended by striking the words "President or the Secretary of the" where they appear therein.
Section 130. Title 15, §5512 (c), Delaware Code, is hereby amended to read as follows:
(c) Any person authorized by the Department of Elections to do so shall immediately place the unopened voucher envelope in a special carrier envelope and securely seal the carrier envelope, which shall be kept safely in the Department office until delivered as provided in this Chapter.
Section 131. Title 15, §5512 (d), Delaware Code, is hereby repealed.
Section 132. Title 15, §5513, Delaware Code, is hereby amended by striking the word "Secretary" where it appears therein and inserting in lieu thereof the words "Administrative Director".
Section 133. Title 15, §5515, Delaware Code, is hereby amended by striking all the words that follow the words "or a duly deputized agent" and inserting a period after said word "agent".
Section 134. Title 15, §5516, Delaware Code, is hereby amended by adding the following sentence at the end of the second paragraph thereof: "The Judges shall see to it that a voter signature card marked with the absentee voter's name and permanent significant registration number and bearing a notation that the person has voted absentee shall be placed with the voter signature cards of all those persons who have cast their ballot on the voting machine."
§ 5517. Challenges
The vote of any absentee voter may be challenged for the same causes and in the same manner as provided in this Title for other voters. In addition, the vote of an absentee voter may be challenged on the ground that the affidavit filed by the voter in compliance with Section 5504 of this Title is false. Upon challenge, proceedings thereon shall be as provided elsewhere in this Title.
Section 136. Title 15, §5522, Delaware Code, is hereby amended to read as follows:
§ 5522. File of absentee voters
The Department of Elections of each county shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include the following entries: Name of Elector; Address at which he is registered; Address where ballot is to be mailed; date affidavit received in Department; the election and representative district; Voucher number; date ballot mailed or delivered to the elector; date ballot is returned; the names of any physicians executing affidavits for sick or disabled persons; and the names of all officers administering oaths for all affidavits received.
The Departments shall compile from their files a list of names and addresses of all applicants for absentee ballots, and shall send current and complete copies thereof without cost to all political parties with candidates on the ballot in the forthcoming election. Such lists shall be provided no later than two (2) weeks prior to the date of the election and copies of the lists must be mailed on the same date to the respective chairmen of each political party involved in the election. Comparable information from the file shall also be made available to representatives of all political parties at the office of each Department during the remaining two (2) weeks before the election, such information to be recorded by such representatives from the daily records of the Departments with the cooperation and assistance of the employees of the Departments.
Section 137. Title 15, §5524 (c), Delaware Code, is hereby amended to read as follows:
(c) Whoever fraudulently signs the name of a voter to the affidavit on any voucher envelope shall be guilty of forgery and shall be punished for such crime as by law provided.
Section 138. Title 15, §5710, Delaware Code, is hereby repealed.
Section 139. Title 15, §5715, Delaware Code, is hereby repealed.
Section 140. Title 15, §5716, Delaware Code, is hereby repealed.
Section 141. Title 15, §7106, Delaware Code, is hereby amended by striking the first paragraph thereof and inserting in lieu thereof the following paragraph:
The Department of Elections, upon receiving a writ of election, shall notify each Inspector, Judge of Election, and Clerk of Election of each election district within such Representative or Senatorial District in which such election is to be held.
Section 142. Title 15, §7305, Delaware Code, is hereby amended by striking the words "deliver the proclamation to" and inserting in lieu thereof the word "notify".
Section 143. Title 15, §7526, Delaware Code, is hereby amended by striking all the words that follow the words "to make a nomination to fill such vacancy" and inserting a period (.) after said word "vacancy".
Section 144. Title 15, §3173, Delaware Code, is hereby amended by striking said §3173 in its entirety, and inserting in lieu thereof the following new §3173:
§ 3173. Certification of results
Each judge shall record on a certificate furnished for that purpose the total vote cast for each candidate in the election district. Both certificates shall then be signed by the Inspector, Judges and Clerks and sealed in an envelope, which shall be signed across its sealed fold by each election officer. This envelope,
together with other required records and supplies, shall immediately be delivered to the Department of Elections by the Inspector.
Section 145. Title 15, §3174, Delaware Code, is hereby amended by striking said § 3174 in its entirety, and inserting in lieu thereof the following new § 3174:
§ 3174. Calculation of votes; ties
(a) The Department of Elections shall forthwith calculate the total number of votes cast for each candidate in any contest held within its county and certify the candidate, or candidates, receiving the highest number of votes. In cases of state-wide contests, the Department shall report the results to the State Election Commissioner.
(b) In the case of any objection or dispute, the Board of Elections for the county involved shall convene within forty-eight (48) hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board shall determine the result of the contested election and certify the name of the winning candidate, or candidates. In the case of state-wide contests, the State Election Commissioner shall be immediately notified of the Board's determination.
(c) In all cases of a tie vote, the Department shall immediately notify the Chairman and Secretary of the County Committee of the political party holding the primary election. This Committee shall convene within five (5) days of such notification to determine which candidate shall be entitled to the nomination.
(d) In cases where there is a tie vote in a state-wide contest, the State Election Commissioner shall immediately notify the Chairman and Secretary of the State Committee of the political party involved, and that Committee shall convene within five (5) days, as provided above, to decide upon the nomination.