CHAPTER 567
AN ACT TO AMEND TITLE 15, DELAWARE CODE, RELATING TO A PORTION OF THE ELECTION LAWS OF THE STATE OF DELAWARE BY AMENDING CHAPTERS 1, 3, 11, 13, 15, 17, 31, 33, 45, 49, 50, 55, AND 57 AND MAKING CERTAIN CHANGES IN THE PROVISIONS PERTAINING TO THE DEPARTMENTS OF ELECTION, STATE ELECTION COMMISSIONER, REGISTRATION OF VOTERS, REGISTRATION OFFICERS, REGISTRATION PROCEDURES, PRIMARY ELECTIONS AND NOMINATION OF CANDIDATES, BALLOTS, ELECTION SUPPLIES, THE CONDUCT OF ELECTIONS, VOTING MACHINES, ABSENTEE VOTING AND CANVASS OF THE VOTE AND PROCLAMATION OF RESULTS OF ELECTIONS.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Section 101, Title 15, Delaware Code, is hereby amended by deleting the definition of "Board of Elections" appearing therein and inserting in lieu thereof the following definition:
"Board of Elections" or "Board" in each of the three counties of this State, means that body of individuals, including the State Election Commissioner as to each county, appointed by the Governor and confirmed by the Senate, to serve as the Board of Elections for their respective counties, (and as is such vested with the power and responsibility of administrating and seeing to the administration of the Election Laws of this State in their respective counties as more particularly defined in this Title.")
Section 1A. Section 101, Title 15, Delaware Code, is hereby amended by deleting the definition of "Ballot" appearing therein and inserting in lieu thereof the following definition:
"Ballot" means that portion of the cardboard or paper or other material to be placed within the ballot frames of a voting machine containing the names of the candidates, and the respective offices they seek, and the designation of the party by which they were nominated, and the statement of any question submitted. (In the case of absentee votes, as provided for in Chapter 55 of this Title, Ballot means that form of paper ballot more particularly defined in Chapter 45 of this Title.) "
Section 2. Section 101, Title 15, Delaware Code, is hereby amended by deleting the definition of "Department" as it appears therein and inserting in lieu thereof the following definition:
"Department" means the Department of Elections in each county of this State consisting of the Board of Elections and such staff as the Board shall be empowered to appoint and shall have appointed under the provisions of this Title, which Department, under the direction of the Board of Elections, shall administer the Election Laws of this State in the respective county of each such Department as more particularly defined in this Title.
Section 3. Section 115 (B), Title 15, Delaware Code, is hereby amended by deleting it in its entirety and inserting in lieu thereof the following:
"In New Castle County, upon the request of the Department of Elections for New Castle County, the Department of Public Works of the City of Wilmington shall furnish to the Department of Elections a map or maps of the several Registration Districts of the City, or of any and all portions thereof; and the Planning Department for New Castle County shall furnish a map or maps of the several Representative Districts of New Castle County or of any or all portions thereof."
Section 4. Section 303, Title 15, Delaware Code, is hereby amended by deleting subsection (3) thereof in its entirety.
Section 5. Section 305 (a), Title 15, Delaware Code, is hereby amended by deleting the words "July 1" as same appear in the first sentence thereof, and inserting in lieu thereof the following words:
"21 days prior to the third Tuesday in June".
Section 6. Section 305 (b), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following subsection:
(b) The Commissioner shall also cause to be prepared for each Election District in the State a supplemental list of all voters who register, transfer their registration, or make changes in their names, addresses, or party designations between September 1 and the last general registration day of the year of any General Election, inconclusive. Such separate supplemental lists, in alphabetical order, shall be prepared for each Election District in the State, and each such list shall contain the full names, address and political party designation of those voters who are newly registered, who have changed their names or who have changed their party designation, together with information showing the election district to which and from which such voters have transferred their registration, where applicable.
Section 7. Section 307, Title 15, Delaware Code, is hereby amended by deleting the words "First day of December" as same appear in the first sentence thereof, and inserting in lieu thereof the words "fifteenth day of June"; and said section is further amended by deleting "and § 1712" as same appears in the last sentence thereof.
Section 8. Section 1105 (a), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following subsection:
"(a) Registration officers for each respective election district shall sit for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector in such respective election district and who apply in person for registration, and whose names do not already appear as qualified voters on the registration records for such election district, (at the place or places that have been selected and designated for) the purpose of registration for such election district from ten o'clock A.M. until seven o'clock P.M. on the fourth Saturday in July and on the third Saturday in October during a general election year."
Section 9. Section 1302 (a) (9), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following:
"(9) Identification of the applicant, including birth date, social security number, sex, height, color of hair, and color of eyes;"
Section 10. Section 1306 (b), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following subsection:
"(b) The Departments of Elections shall designate only conveniently located and readily accessible registration places for each election district. Such registration places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, fire houses, community buildings, churches, financial institutions, lobbies or other gathering places at least three hundred fifty (350) square feet in size or apartment buildings or complexes consisting of fifty (50) or more units, or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the Board of Elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment or Union Hall, but in no event shall the Department of Elections designate a private residence as a registration place. The Department shall hire the designated registration places and cause them to be equipped, heated, lighted and cleaned."
Section 11. Section 1307(b), Title 15, Delaware Code, is hereby amended by deleting the following parenthetical clause as same appears therein: "(except registration records)".
Section 12. Section 1511 (a), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following:
"(a) Each Registrar shall receive $25 per day for each ray of actual service, either when sitting for the purpose of registration or in attendance upon the hearing of appeals, and $5 for delivering the registration records after each registration day to the Department having custody of the registration records of his county."
Section 13. Sections 1511 (b) and (c), Title 15, Delaware Code, are hereby amended by deleting the figure "$17.50" where same appear in the first line of each such subsection and inserting in lieu thereof the figure "$25".
Section 14. Section 1513, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
§ 1513. Quorum; majority action; equal representation
At every sitting of registration officers, two, one from each of the two principal political parties, shall constitute a quorum; and the acts concurred in by any two officers shall be as valid as the acts of all of them.
Section 15. Section 1704, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
§ 1704. Procedures for: (1) determining validity of registration of voters not voting in last general election; (2) removal of names of persons disqualified to vote; (3) cancellation of registration; and (4) provision for re-registration
Upon receiving the list specified in Section 307 of this Title, and during the period of ten (10) months following each general election, the Department shall send a notice, by regular mail (nothing in this Title to the contrary notwithstanding), to each person appearing on the Election District Record who did not vote at the last preceding general election. Such written notice shall advise the voter of the state of the record and the fact that he is liable to have his name removed from the registration records if he does not advise the Department, within sixty (60) days of said notice being mailed, that he is still eligible to be registered as a voter at the address appearing on the Election District Record and to which said notice was mailed. Such replies by the voter shall be sent to the Department on a postage prepaid form card prepared by the Department and sent to the voter with such notice. If, however, no such reply, signed by the voter, is received by the Department, within sixty (60) days after such notice is mailed by the Department, then the Department shall proceed to determine the eligibility of such voter to remain registered, as hereinafter provided, and, in the absence of proof of such eligibility, shall remove the name of such voter from the Election District Record.
In proceeding to determine the eligibility of such voter to remain registered, the Department shall give notice of its intention to remove the name of such voter from the Election District Record, and its reason therefor, and the date, time and place the Board will meet to hear and act upon such matter, which notice shall be given by registered or certified mail, directed to the voter concerned at his post office address as same appears in the Election District Record. The said notice shall be postmarked no later than five (5) days next preceding the date when the Board is scheduled to meet to hear and act upon such questions. If at such meeting of the Board it shall be established to the satisfaction of the Board that the person in question is a duly qualified voter in the election district, then his name shall not be removed from the Election District Record; but if it shall not be so established, then the Department shall remove the thereby disqualified voter's original permanent registration record from the Election District Record and place it in a special file or binder to be known as "List of Disqualified Voters", and in addition thereto the Department shall make an appropriate entry to indicate the voter's disqualification upon his original and duplicate permanent registration records. The Department shall also notify the Commissioner who in turn shall remove from his files the tabulating punch card for the voter concerned.
A determination of disqualification to vote under this section shall not preclude the person in question from re-registering at a later date if he is otherwise qualified.
Section 15 A. Section 1713, Title 15, Delaware Code, is hereby repealed.
Section 16. Section 1751, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
§ 1751. Change of party designation; procedure
A duly registered voter may apply in person or by written notice or by telephone to the Department for the County in which he resides, at any time except during the period from March 1 until the third Tuesday in June of an election year, or to the registration officers in his election district (when said officers are sitting for the purpose of registration) for application to change his party designation upon his registration record. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the office of the Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made on the original and duplicate records and the applicant shall be immediately notified by mail of the change so made. If the Department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at the office of the Department to answer under oath such questions as may be deemed necessary. If the applicant fails to appear as notified, no such charge of affiliation shall be made. If the application is made to the registration officers, they shall forward the completed application to the Department at the same time as they forward other registration records at the close of registration, and the Department shall cause appropriate notations thereof to be made upon the applicant's original and duplicate permanent registration records and shall notify the Commissioner who shall make appropriate changes in his records.
Section 17. Section 3109, Title 15, Delaware Code, is hereby amended by deleting the third paragraph thereof and inserting in lieu thereof the following paragraph:
The primary election officers and clerks shall be chosen by the Department from among the election officers and clerks selected for the general election for the election district or districts contained in the primary election district, and for each such primary election district the election officers and clerks shall be divided as equally as possible between the two principal parties.
for New Castle County" as same appears in the first line thereof, and inserting in lieu thereof the words "The Department of Elections for New Castle County".
Section 18. Section 3122, Title 15, Delaware Code, is hereby amended by deleting the words "The Department of Registration for New Castle County" as same appears in the first line thereof, and inserting in lieu thereof the words "the Department of Elections for New Castle County".
Section 18 A. Section 1741 (a) (1), Title 15, Delaware Code, is amended by adding the words "or by telephone" after the words "or in person" where they appear therein.
Section 18 B. Section 3104, Title 15, Delaware Code, is amended to read as follows:
§ 3104. Filing fees
(a) Filing fees for Primary Election for candidates for any office of any political party shall be set in the following manner:
(1) Candidates for statewide office shall be set by the State Executive Committee of the respective political party.
(2) Candidates for county or countywide office and members of the General Assembly shall be set by the County Executive Committee of the respective political party of the county in which the contest is to be held.
(3) Candidates for municipal office for any municipality which holds its election at the time of the general election shall be set by the City Executive Committee of the respective political party of the city in which the contest is to be held.
(4) Candidates for delegate or alternate to any state political party convention shall not be assessed a filing fee.
(b) The filing fees shall not be greater than three per centum (3% ) of the total salary for the entire term of office for which the candidate is filing.
(c) The State Chairman, County Chairman and City Chairman of each political party shall notify the State Election Commissioner and the respective Departments of Elections of the amount of the filing fee set pursuant to this section. Said notification shall be prior to the dates set for candidates to file for nomination pursuant to § 3107 of this Title.
Section 18 C. Section 3107, Title 15, Delaware Code, is amended to read as follows:
§ 3107. Filing of candidacy for nomination at a primary election; withdrawal
(a) Any person desiring to be a candidate or to be voted for in a primary Election as a candidate for nomination shall give notice in the following manner:
(1) Candidates for statewide office
Any statewide candidate who is certified pursuant to § 3116 of this Title and wishes to call for a Primary Election shall notify the State Election Commissioner on forms to be provided by said Commissioner. Such notification shall be on or before twelve o'clock noon on the fifth (5th) day following the final convention vote cast for the respective office sought by said candidate. In the event the fifth (5th) day is a Saturday, Sunday or legal holiday, then the last day to give such notification shall be the next day which is neither a Saturday, Sunday nor a legal holiday.
(2) Candidates for all other offices
(i) All candidates for county or countywide office, member of the General Assembly and/or municipal office for any municipality which holds its election at the time of the general election shall notify the County Chairman, or his designee in writing, or the City Chairman or his designee in writing, whichever is applicable, of his respective political party of the county in which said candidate resides. Such notification shall be on forms provided by the State Election Commissioner and shall be on or before twelve o'clock noon on the third (3rd) Tuesday in May, in the year such primary is to be held. In the event the third (3rd) Tuesday in May is a legal holiday, then the last day such notification shall be filed is the next day which is not a legal holiday.
(ii) All candidates for the position of delegate or alternate to any state political party convention shall notify the County Chairman, or his designee in writing, of his respective political party of the county in which said candidate resides. Such notification shall be on forms provided by the State Election Commissioner and shall be on or before twelve O'clock noon on the second (2nd) Friday in March in the year such primary is to be held. In the event the second (2nd) Friday in March is a legal holiday, then the last day such notification shall be filed is the next day which is neither a Saturday, Sunday nor a legal holiday.
(b) All candidates at the time of giving notice as required in subsection (a) (1) above, shall tender the required filing fee, by giving a check to the Commissioner, payable to the State Committee of the candidate's political party. The Commissioner shall on the same day send said check where applicable and a copy of the notice of filing to the State Chairman of the respective political party. The Commissioner shall also send a copy of the notice of filing to each Department of Elections.
(c) All candidates for county or countywide office, for member of the General Assembly or for delegate or alternate to any state political convention at the time of giving notice as required in subsection (a) (2) above, shall tender the required filing fee, if applicable, by giving a check to the Department of Elections of the county in which said candidate resides, payable to County Committee of the candidates political party. The Department shall on the same day send said check, where applicable, and a copy of the notice of filing to the County Chairman of the respective political party. The Department of Elections shall also send a copy of the notice of filing to the Commissioner.
(d) All candidates for municipal offices for any municipality which holds its election at the time of the general election shall at the time of giving notice as required in subsection (a) (2) (i) above, tender the required filing fee by giving a check to the Department of Elections of the county in which said candidate resides, payable to the City Committee of the candidates political party. The Department shall on the same day send said check and a copy of the notice of filing to the City Chairman of the respective political party. The Department shall also send a copy of the notice of filing to the Commissioner.
(e) Any candidate who has filed for nomination as required above, may withdraw said filing by notifying the respective state agency with whom the original notice was filed on forms to be provided by the Commissioner. The notice of withdrawal shall be filed not later than twelve O'clock noon on the twelfth (12th) day prior to the date set for such primary. The state agency with whom such notice of withdraw is filed, shall notify the same persons, committee or Department that received notice of the original filing. The filing fee of the candidate so withdrawing shall be returned to him by the political party. In the event that a candidate withdraws after said deadline, he shall forfeit his filing fee to the political party. In the case where no such filing fee is required for a candidate for election or for a candidate for the position of delegate or alternate to any state political party convention, any such candidate who withdraws after said deadline shall pay to the Treasurer of the State of Delaware a fee of Fifty Dollars ($50).
Section 18 D. Section 3108 (a), Title 15, Delaware Code, is amended to read as follows:
(a) On or before twelve o'clock noon on the Monday following the third (3rd) Saturday in March in the year in which such primary election is held for the election of delegates and/or alternates to a state party convention.
Section 18 E. Section 3108 (b), Title 15, Delaware Code, is amended to read as follows:
"(b) On or before twelve o'clock noon on the Monday following the third (3rd) Saturday in May in the year in which such primary election is held for candidates for State or local offices."
Section 18 F. Section 3116, Title 15, Delaware Code, is amended to read as follows:
"The Presiding Officer and Secretary of the Convention of any political party shall certify to the several Departments of Elections, the State Election Commissioner, and the Secretary of State, the names of all persons receiving at least thirty-five (35) per centum of the eligible votes cast on the final polled vote in said convention for the nomination of United States Senator, Representative in Congress, Governor and other state offices. Said final polled vote shall be when one of the nominees for each of the above offices shall have received a vote greater than fifty per centum (50%) of the total number of eligible delegate votes at such convention. Such certification shall be made within five (5) days of such final vote. When the names of two (2) such persons are so certified with respect to any office, a primary election shall be held on the third (3rd) Tuesday in June in all districts in which votes may be cast at the general election for that office and in the same manner as elsewhere provided in this Title for primary elections, provided that the person receiving the lesser number of votes cast at the convention with respect to any office, shall, within five (5) days of such final vote give notice pursuant to §§ 3107 (a) (1 ) and (b).
Section 19. Section 3124, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following:
§ 3124. Ballots for voting machines and sample ballots; printing and distribution of same
(a) The Department of Elections in any county where a primary election is to be held shall cause to be printed the ballots to be used at such election and shall cause the same to be placed in voting machines for the proper district prior to the delivery of the voting machines.
(b) The names of all candidates for nomination for the same office shall be placed under the title of such office, the surname of candidates to be placed in alphabetical order, and shall not be separated one from another by any other matter.
(c) The Department of Elections shall issue sample ballots for elections under this chapter in accordance with the provisions of § 5011 of this Title; but with the special provision that under subsection (b) thereof, the individual candidates to be voted for at such primary elections, as well as the County Chairman of each political party having such a primary election, shall be entitled to the same number of ballots as subsection (b) of said section provides shall be issued to the said County Chairmen of each political party; and such individual candidates, like the said chairmen, shall be entitled to order extra ballots as provided for by subsection (c) of said section, but with the further proviso that such orders, by either such chairmen or individual candidates shall be made in writing at least ten (10) days prior to the holding of each primary election.
Section 20. Section 3125, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
§ 3125. Departments of Election to furnish voting machines,
flags, supplies and instructions for polling places
For each polling place in their respective counties where primary elections are to be held, the respective Departments shall furnish the following:
(a) a white muslin flag, preferrable staffed, of suitable size for the lettering thereon in four-inch letters including the following words:
Registration and Polling Place
(b) a flag of the United States of America, preferrably staffed, no smaller in size than the polling place flag above described;
(c) blank tally sheets, blank certificates, blank poll books and stationary and other such supplies customary and necessary for the use of the officers conducting such primary election;
(d) printed instructions and excerpts from those parts of this Title as the Department shall deem necessary and appropriate to assist the election officers in the proper performance of their duties;
(e) a proper number of voting machines of the type used in General Elections, which machines shall be duly inspected, prepared and certified in the same manner as provided for under Chapter 50 of this Title for General Elections.
Section 21. Section 3126, Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
§ 3126. Voting to be by voting machines
In every primary election district in which a primary election is to be held under this Chapter, voting machines of the type used in General Elections, as provided for in Chapter 50 of this Title, shall be used to record the votes, and the manner of voting shall be the same as that set forth in Chapter 50.
Section 22. Section 3127, Title 15, Delaware Code, is here
by repealed in its entirety.
Section 23. Section 3161, Title 15, Delaware Code, is hereby amended by deleting the last sentence thereof which reads:
The Department shall notify the Commissioner of the names of the persons who voted in the primary election, and the Commissioner shall cause the punch-cards of such persons to be punched to indicate that fact.
Section 24. Section 3162, Title 15, Delaware Code, is hereby repealed in its entirety.
Section 25. Section 3167 (d), Title 15, Delaware Code, is hereby amended by deleting therefrom the following:
the ballot of such voter shall be received and deposited in the ballot box
and substituting therefore the following:
such voter shall be allowed to cast his vote.
Section 26. Section 3172, Title 15, Delaware Code, is hereby amended by deleting the same in its entirety and substituting in lieu thereof the following:
§ 3172. Tabulation of vote and proclamation of result
As soon as the polls are closed at a primary election, the presiding officer shall publicly proclaim in a clear and distinct voice the number of votes that have been cast at such primary election as shown by the poll books kept by the clerks; the votes shall be immediately tabulated and the result proclaimed in accordance with the procedure set out at Section 5023 of this Title.
Section 27. Section 3173, Title 15, Delaware Code, is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:
§ 3173. Certification of results
In primary election districts where voting machines are used, the total vote cast for each candidate, as recorded on the voting machine, shall be entered by the judges holding such primary election for such primary district on the certificates furnished for such purpose. Each certificate shall be signed by the Inspector, Judges and Poll Clerks. One of said certificates together with one poll list upon completion of the tally shall be delivered by the Inspector to the Chairman of the regularly organized County or City Committee, as the case may be, of a political party holding such primary election at the Department of Elections. The other certificate and all keys to the voting machines, and one poll list shall be delivered to the Department of Elections by the Inspector upon completion of the tally in an envelope furnished for that purpose. The said envelope shall be sealed and each officer shall sign his name across the seal of said envelope.
Section 28. Section 3301 (c), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and substituting in lieu thereof the following:
"(c) No candidate for the office of Elector of President and Vice President, United States Senator, Representative in Congress, Governor or other State Officer to be voted for on a statewide basis, shall be deemed nominated and no certificate of nomination for such candidate shall be made or filed, nor shall the name of any such candidate be placed on the ballot in any General Election in this State, unless said candidate:
(i) shall have been so nominated by receiving more than fifty per centum (50%) of the eligible delegate vote on the final polled vote of a State nominating convention of the political party advancing his candidacy, at a convention held not later than the second Saturday in May in the year of such General Election and who was not required to run in a primary election; or
(ii) shall have received a majority of the votes cast by registered voters of the political party advancing his candidacy at a statewide primary election held pursuant to the provisions of Chapter 31 of this Title.
No such state nominating convention shall have completed its business relative to such nominations until such time as one nominee for each of the aforesaid offices shall have received a vote greater than fifty per centum (50%) of the total number of eligible delegate votes at such convention, which polled vote shall be considered final.
Section 29. Section 3301, Title 15, Delaware Code, is further amended by adding a new subsection (d) to read as follows:
(d) The clerks of the Peace and the Secretary of State shall forthwith upon their receipt send to the Commissioner of Elections copies of each certificate of nomination received by them pursuant to this section.
Section 30. Section 4502 (c), Title 15, Delaware Code, is amended by striking the second sentence thereof and inserting in lieu thereof the following:
Each ballot shall have the Representative District number printed on the margin at the top.
Section 30 A. Section 4502 (c), Title 15, Delaware Code, is amended by deleting all portions of the diagramatic view of the ballot design appearing above the words "Official Ballot".
Section 31. Section 4502, Title 15, Delaware Code, is hereby further amended by adding a new subsection (d) to read as follows:
(d) Absentee ballots shall be prepared in accordance with the provisions of this section.
Section 32. Section 4503, Title 15, Delaware Code, is amended by repealing subsection (a) thereof in its entirety and by substituting in lieu thereof the following:
(a) The Department of Elections in each county shall print and distribute the ballots to be used in the voting machines in accordance with Sections 4502, 5008 and 5009 of Title 15.
Section 33. Section 4503, Title 15, Delaware Code, is further amended by repealing subsection (c) in its entirety.
Section 34. Section 4504 (a), Title 15, Delaware Code, is amended by deleting the word "ballot" as it appears after the word "the" and before the word "to" on line 2 thereof and by inserting in lieu thereof the words "absentee ballots".
Section 35. Section 4504(b), Title 15, Delaware Code, is amended by deleting same in its entirety and by substituting in lieu thereof the following:
(b) The number of envelopes to be provided and printed by the Department of Elections shall be equal to the number of official absentee ballots printed.
Section 36. Section 4504(c), Title 15, Delaware Code, is amended by repealing same in its entirety.
Section 37. Section 4505, Title 15, Delaware Code, is repealed in its entirety.
Section 38. Section 4508, Title 15, Delaware Code, is repealed in its entirety.
Section 39. Section 4514(a), Title 15, Delaware Code, is amended by adding thereto the following:
In the case of New Castle County
For County Council
_____________________ Received __________________ Votes
_____________________ Received __________________ Votes
For County Executive
_____________________ Received __________________ Votes
_____________________ Received __________________ Votes.
Section 39A. Section 4518 (b), Title 15, Delaware Code, is hereby amended by deleting same in its entirety and inserting in lieu thereof the following subsection:
(b) The Departments of Elections shall designate only conveniently located and readily accessible polling places for each election district. Such polling places, whenever possible, shall be located in public buildings which shall include suitable government buildings, schools, fire houses, community buildings, churches, financial institutions, lobbies or other gathering places at least three hundred fifty (350) square feet in size of apartment buildings or complexes consisting of fifty (50) or more units, or other such similar structures; however, in the event that no such public building is available in a conveniently located and readily accessible place, then and in that event, the Board of Elections, by unanimous consent, may with the concurrence of the Election Commissioner, designate a suitable, conveniently located and readily accessible private business establishment, but in no event shall the Department of Elections designate a private residence as a polling place. The Department shall hire the designated polling places and cause them to be equipped, heated, lighted and cleaned.
Section 40. Section 4944, Title 15, Delaware Code, is amended by adding thereto a new subsection as follows:
3. The person offering to vote does not meet the residency requirements under Article 5, Section 2 of the Constitution of the State of Delaware.
Section 40A. Section 4947, Title 15, Delaware Code, is hereby repealed in its entirety.
Section 41. Section 4971, Title 15, Delaware Code, is hereby repealed in its entirety.
Section 42. Section 4972, Title 15, Delaware Code, is amended by striking the section number and the title and inserting in lieu thereof the following:
§ 4972. Method of counting absentee votes and other paper ballots
Section 42A. Section 4972 (a), Title 15, Delaware Code, is amended to read as follows:
(a) When the election is closed, and after recording the votes cast on the voting machines (as provided for in Chapter 50 of this Title), the Inspector shall openly and publicly unlock the ballot box containing the absentee ballots, (placed therein pursuant to the procedure described in § 5516 of this Title), and shall remove the lid so far that the envelopes containing the ballots can be separately taken from the box. The Inspector shall keep the box in his custody, and shall publicly, and in the presence of the Judges, clerks, and such other persons as are properly in the voting room, take the envelopes containing the ballots one by one from the box and remove the ballot from the envelope. The ballots shall be read, counted and otherwise handled in the manner prescribed by this section and in accordance with Sections 4973, 4974, 4975, and 4976 of this Title, which latter sections are applicable to the counting and recording of and otherwise dealing with votes cast by absentee ballots.
Section 42 B. Section 4975, Title 15, Delaware Code, is hereby amended by deleting the following words from the first sentence thereof:
as required by Sections 4914 and 4938 of this title, and inserting in lieu thereof the following:
as required by Section 5516 of this Title.
Section 43. Section 4978 (a), Title 15, Delaware Code, is hereby amended by adding the following words on the first line after " (a)" and before "The":
At the end of the day of election.
and by deleting the following words on lines one and two appearing after the word "district" and before the word "shall":
on the day following the general election.
Section 44. Section 4979 (a), Title 15, Delaware Code, is amended by adding the following words on the first line after "(a)" and before the word "The":
At the end of the day of the election.
and by deleting the following words on lines one and two appearing after the word "shall" and before the word "deliver":
On the day next after the general election,
Section 45. Section 4979 (b), Title 15, Delaware Code, is hereby amended by adding the following words on the first line after "(b)" and before the word "deliver":
At the end of the day of the election.
and by deleting the following words on lines one and two appearing after the word "also" and before the word "deliver";
On the day next after the general election,
Section 46. Section 5018, Title 15, Delaware Code, is hereby repealed in its entirety.
Section 47. Section 5506, Title 15, Delaware Code, is hereby amended by adding the following sentence at the end thereof:
Nothing contained herein shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to twelve o'clock noon of the day prior to any general election when the request is made less than three (3) days prior to the general election.
Section 48. Section 5512, Title 15, Delaware Code, is hereby amended by substituting the word "administrative director" for the word "Secretary" whenever the word "Secretary" appears therein.
Section 49. Section 5514, Title 15, Delaware Code, is hereby amended by deleting the following words from the end of the first paragraph thereof, to-wit:
after noon on the day of the election,
and inserting in lieu thereof the following:
after the opening of the polls on the day of the election.
Section 50. Section 5515, Title 15, Delaware Code, is hereby amended by substituting the word "administrative director" for the word "Secretary" as it appears therein.
Section 51. Section 5516, Title 15, Delaware Code, is hereby amended by deleting the last sentence of the first paragraph thereof in its entirety and inserting in lieu thereof the following:
The ballot shall then be voted by depositing same (still in its official envelope) in the ballot box provided for receipt of absentee ballots, and the proper notations of such vote shall then be recorded in the election records in the same fashion as if the voter had appeared to cast his vote in person.
Section 52. Section 5709, Title 15, Delaware Code, is hereby amended by adding the following paragraph to the end thereof:
In addition to making the disposition of the aforesaid certificates, the Court, within three (3) days after making such certificates, shall, either personally or by a person designated by it for that purpose, transmit, deliver and lodge a duly executed copy of each of the aforesaid certificates with the State Election Commissioner who shall be the master repository of all such certificates.
Section 53. Chapter 57, Title 15, Delaware Code, is hereby amended by adding the following new subsection thereto to read as follows:
§ 5717. Costs
All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any monies in the State Treasury not otherwise appropriated upon proper warrants and vouchers submitted to the Governor and approved by the Budget Director.
Approved June 15, 1970.