Delaware General Assembly

CHAPTER 393

GENERAL PROVISIONS RESPECTING ELECTIONS.

AN ACT to provide for the Purity of Primary Elections in New Castle County.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. A primary election within the meaning of this act is an assemblage of voters who are members of any political party, organization or association duly convened for the purpose of nominating a candidate or candidates for public office, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, which at the last general election before the primary election polled at least ten per centum of the entire vote of the State, or any division or sub-division thereof, for which the nominations are made.

SECTION 2. That all primary elections hereafter to be held by any political party, organization or association, for the purpose of nominating or selecting candidates to be voted for at any subsequent election, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be by ballot. The primary election for any political party, organization or association, for the nomination of the same class of candidates to be voted for at any subsequent election, or for the selection of delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be held in the several hundreds at the same time. Notice of the time and places for holding all primary elections shall be given by publishing the same once each day for at least five days before the time of holding the same in one or more daily newspapers printed in New Castle county. No two political parties, organizations or associations shall hold their primary election on the same day. The number of days that shall be allowed for holding primary elections to nominate persons to be voted for at a general election and to nominate persons to be voted for at municipal elections in the City of Wilmington, shall not exceed two for each political party, organization or association in any one year.

SECTION 3. That every primary election hereafter to be held by any political party, organization or association for the purpose of nominating or selecting candidates by ballot to be voted for at any subsequent election, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be held by a Board of Election officers consisting of one inspector, who shall be a judge and the presiding officer, and two other judges at etch voting precinct; and if it should so happen that but one person as presiding officer or judge should have been appointed by such political party, organization or association to hold such primary election, or having been appointed and being absent, the electors there present at the hour appointed for opening such primary election shall proceed without ballot to choose from among the qualified voters of the election district there present a presiding officer, judge or judges as the case may require; and in choosing such presiding officer, judge or judges, two qualified voters of the district to be nominated and appointed by the electors shall be the judge or judges.

SECTION 4. That the inspector of each election district for all primary elections hereafter held in New Castle county, (outside the City of Wilmington) under the direction of any political party, organization or association shall be the person who was the candidate of the political party, organization or association holding such primary election for the office of inspector at the general election next preceeding such primary election; provided, that in cases where the primary election is held without regard to the division of any hundred into election districts for general election purposes, the person who was the candidate for the office of inspector as aforesaid, for the election district in which the place of voting at such primary election is situated shall be the inspector of such primary election. The two judges, as provided by Section three of this act, shall be appointed by the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election. The inspector and judges of all primary elections hereafter held in the City of Wilmington shall be appointed by the regularly organized and constituted County Committee or governing authority of the political party, organization, or association holding such primary election, from the persons designated to conduct the next subsequent general election. The term of office of said inspectors and judges shall be for one year. Said committee or governing authority shall designate which person shall act as inspector, and which persons shall act as judges of such primary elections. The persons so appointed shall be residents of the primary election district for which they are appointed.

In all cases when primary election officers are appointed as herein provided, representations of the interest of each candidate shall be as nearly equally divided as possible as to the board of election officers. If any person designated in this section to be inspector of any primary election shall die, remove from his primary election district, or be for any reason physically unable to attend in his primary election district at any primary election held by hi 3 political party, organization or association, then the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election shall appoint an inspector to fill the vacancy thereby created. If any political party, association or organization desires to hold a primary election for the purpose of nominating candidates for public office, and there is no recognized member of said political party, association or organization among the persons designated in this act to serve as inspectors and judges of such primary elections, or not a sufficient number of recognized members for said purpose, then the regularly organized and constituted County Committee or governing authority of such political party, association or organization shall appoint the inspector and judges to hold such primary election. In case of refusal or neglect on the part of any person designated by this act or appointed pursuant to the provisions hereof to be an inspector or judge, as the case may be, of any primary election, to qualify according to the requirements of this act, or to serve, or to act, he shall be liable to a penalty of two hundred dollars, recoverable by the County Treasurer of New Castle county, by civil action in any court of record, in the name of the County Treasurer and for the use and benefit of New Castle county; and the failure on the part of any such person to comply with any of the requirements of this act, preliminary to opening the polls, or to attend on the day of any primary election during his term, unless prevented by sickness or other sufficient cause the burden of proof of which shall be upon the delinquent, shall be deemed a refusal within the meaning of this act. The election officers whose appointment is provided for in this section, shall be appointed at least two weeks before such primary election is to be held.

SECTION 5. That before opening the election, the presiding officer and judges shall each take and subscribe an oath according to the following form, viz: I do solemnly swear (or affirm i that in the primary election to be held on the ----------------------day of , A. D. , I will not knowingly or wilfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias and that I will determine every matter that shall come before me and perform every act and duty by a law required of me, touching- the said primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause time ballots that shall be taken at said primary election to be fully read and ascertained, mind a true statement thereof to he made, according to the best of my knowledge and ability; that I have not received, nor will not receive directly or indirectly from or through any candidate to be voted for at said primary election, or any representative of any such candidate or other person other than that provided by this act, and If I shall discover any partiality, unfairness or corruption in the conducting of the said primary election, I shall disclose the same to the executive authority that shall have directed the holding of the said primary election, and to the Attorney General, to the end that the subject may be investigated, so help me God (or so I solemnly affirm).

SECTION 6. That each of the said judges, after being duly qualified, shall choose one clerk of the primary election to be held, to whom the presiding officer or one of the judges who is hereby authorized to administer the same, shall on the day of such primary election administer the oath or affirmation, which shall be subscribed as follows, viz: I do solemnly swear (or affirm) that as clerk of this primary election to be this day held, I will not use or assent to any falsehood, fraud or deceit, and that I will keep the polls and perform my duties truly, faithfully and impartially, so help me God (or so solemnly affirm).

SECTION 7. That the regularly organized and constituted County Committee or governing authority of any political party, organization or association holding such primary election shall, at any time within ten days of the day that the first primary election is held in each year of a general election, appoint one person for each Levy Court district in New Castle county as a Qualifier of Primary Election Officers, whose duty it shall be to administer to the inspectors and judges of the primary elections held in their respective districts the oath or affirmation prescribed in Section five of this act, and shall deliver to the chairman of the committee or governing authority appointing him the oaths or affirmations subscribed by the inspectors and judges as aforesaid, on or before twelve o'clock noon on the day previous to such primary election. Each person so appointed shall, upon the certification by the chairman of the committee or governing authority appointing him, that such person has performed the duties required of him by this act, be paid by the Levy Court of the county in which he shall reside the sum of ten dollars.

In case any inspector or judge is chosen by the electors present at the time of opening the primary election, pursuant to Section three of this act, the oath or affirmation prescribed in Section five of this act shall be administered to the inspector or judge so chosen by any officer of primary elections there present who has been qualified by the Qualifier of Primary Election Officers, the said officer being hereby empowered to administer said oath or affirmation; and in case there is no such qualified officer there present the said oath or affirmation shall be administered to the judges by the presiding officer, and by one of them to him, each of whom are hereby empowered and directed to administer such oaths or affirmation.

SECTION 8. The person appointed Qualifier of Primary Election Officers pursuant to the provisions of Section seven of this act, shall within two days after the appointment and a before entering upon his duties, take and subscribe an oath (or affirmation) according to the following form, viz:

I do solemnly swear (or affirm) that, as Qualifier of Primary Election Officers, I will not use or assent to any falsehood, fraud or deceit, and that I will perform my duties truly, faithfully and impartially, so help me God, (or so I solemnly affirm).

The oath or affirmation prescribed in this section shall be administered by the chairman of the regularly organized and constituted County Committee or governing authority of the political party, organization or association for which said Qualifier of Primary Election Officers was appointed. The said chairman is hereby empowered and directed to administer oaths and affirmation pursuant to the provisions of this act. Any person appointed Qualifier of Primary Election Officers who shall fail to qualify as aforesaid, shall upon conviction therefor, be adjudged guilty of a misdemeanor; and shall be punished for each such offence by a fine not exceeding one hundred dollars.

SECTION 9. That the time for the registrars to sit alone in New Castle county (outside of the City of Wilmington) for ascertaining and registering, under the provisions of Chapter thirty-eight, Volume nineteen, Laws of Delaware, the persons who are or may become qualified to enjoy the right of an elector at the general election shall be on three successive Saturdays, beginning with the first Saturday in August next preceding the general election. That the time for the board of registration, provided for by Chapter thirty-eight, Volume nineteen, Laws of Delaware, to sit for the performance of the duties required by said board of registration under existing law, shall be on the last Friday and Saturday of the month of August next preceding the general election, and on the third Saturday of the month of October next preceding the general election. In order to fix and ascertain the persons who are to be the associate officers of registration in and for New Castle county, pursuant to Chapter thirty-eight, Volume nineteen, Laws of Delaware, the two judges of the general election directed to be chosen by Section eleven of Chapter eighteen of the Revised Coder shall continue in the manner directed by Section fourteen, of Chapter thirty eight, Volume nineteen, Laws- of Delaware, except that in and for New Castle county the said judges shall be chosen in the month of July instead of the month of September as heretofore, and all the duties directed to be performed by Section fourteen of Chapter thirty-eight of Volume nineteen, Laws of Delaware, in the month of September, shall be performed in the month of July so far as the performance of said duties apply to New Castle county.

SECTION 10. That the time for the ascertainment and registration, pursuant to the provisions of Chapter thirty-nine, Volume nineteen, Laws of Delaware, of the persons residing in the City of Wilmington who are or may become qualified to enjoy the right of an elector at the general election, shall hereafter be on dirge successive Saturdays, beginning with the second Saturday in the August next preceding the general election, and on the third Saturday in the October next preceding the general election. That the inspectors of election for the City of Wilmington shall hereafter be appointed by the Department of Elections for said city in the month of June in each year in which a general election is held.

SECTION 11. That the Sheriff of New Castle county shall, in addition to the registers and things he is now required by law to furnish to the registrar of each hundred or election district of his county (outside of the City of Wilmington), hereafter, before the first day of any registration of voters of said county (outside of the City of Wilmington) made under the provisions of Chapter thirty-eight, Volume nineteen, Laws of Delaware, as amended by this act, prepare and furnish two books for each of said registrars in New Castle county (outside of the City of Wilmington) to be known by the name of "Voting Books of Qualified Voters for Primary Elections,'' for alphabetical lists of all persons whose names may be entered on the registers pursuant to Chapter thirty-eight, Volume nineteen, Laws of Delaware. Said books shall be ruled in parallel columns and so arranged as to admit of the convenient entry in alphabetical order of the name of every person who may be entered on the register aforesaid as a "qualified voter" or "may become qualified voter," and in the parallel column opposite the name of such person the following particulars, to wit: First, his residence; second, his color; third, the day of his registration. Said books shall contain six parallel columns for the entry of the word "voted," together with the date of voting. When any registrar or board of registration, at any of the sittings hereinbefore provided, shall enter in his register the name of any applicant for registration as a "qualified voter" or "may become qualified voter," he shall immediately thereafter enter, in the presence of such applicant, if he remains in attendance, in its proper alphabetical place in the "Voting Book of Qualified Voters for Primary Elections" hereinbefore provided for, the name of such applicant and also his residence, color and date of registration. The said two "Voting Books of Oualified Voters for Primary Elections" shall be compared and certified on the last day of registration in the month of August, in the same manner and by the same persons as now required by Section fifteen of Chapter thirty-eight, Volume nineteen, Laws of Delaware. It shall be the duty of the registrar, within one secular day after the certification by the board of registration as herein required, to deliver to the Sheriff of New Castle county, who shall safely keep the same, the two "Voting Books of Qualified Voters for Primary Elections" required by this act.

SECTION 12. That the Department of Elections for the City of Wilmington shall, in addition to the registers and things they are now required by law to furnish to the inspectors of elections in said city, hereafter, before the first day of any registration of voters of said city made pursuant to the provisions of Chapter thirty-nine, Volume nineteen, Laws of Delaware, as amended by this act, prepare and furnish to the inspectors of elections in every election district in said city, now existing or hereafter created, two "Voting Books of Qualified Voters for Primary Elections," said books being in the same form as designated in Section eleven of this act. The said two "Voting Books of Qualified Voters for Primary Elections" shall be compared by the inspectors, on the last day of registration in the month of August, to see that they agree with each other in every particular, and also with the register to see that every name entered on the register as a "qualified voter" or "may become qualified voter" is entered in its proper alphabetical place on each of the two "Voting Books of Qualified Voters for Primary Elections," together with the residence, color and date of registration. And if any name in the registers which ought to have been entered on the said alphabetical list shall have been omitted therefrom, it shall be the duty of said inspectors to enter such name in its proper alphabetical place on the alphabetical list, together with the proper entries as they appear on the said registers. And it shall be the further duty, in such comparison of the alphabetical list with the registers, to make such corrections in the alphabetical lists as will make the names and entries appearing on the alphabetical lists agree with the same names and entries as entered on the registers. It shall be the duty of the said inspectors, immediately after their last sitting in the month of August, to append to each of said alphabetical lists of "qualified voters" contained in said "Voting Books of Qualified Voters for Primary Elections" a certificate, verified , by the oath or affirmation of the inspectors, or at least two of them, that the said "Voting Books of Qualified Voters for Primary Elections" contain a complete list of the "qualified voters" and "may become qualified voters" of said election district as the same are entered in the registers of voters of such election district. After said two "Voting Books of Qualified Voters for Primary Elections" have been compared and certified as aforesaid, the said inspectors in each of said election districts shall, immediately after said certification, return the same to the said Department of Elections.

SECTION 13. It shall be the duty of said Department of Elections to compare and correct said two "Voting Books of Qualified Voters for Primary Elections," at any time before the day the first primary election is held in the year of a general election, and, when it shall appear by any date in their possession that any person has registered in more than one election district, they shall, upon due inquiry, strike his name from the said "Voting Books of Qualified Voters for Primary Elections" of any and all election districts in which he is not a "qualified voter," and shall, opposite his name, state the reason therefor. Said two "Voting Books of Qualified Voters for Primary Elections," in each election district of the City of Wilmington, shall be preserved and delivered by said Department of Elections as hereinafter prescribed and directed.

SECTION 14. That from and after the first day of June, A. D. 1898, the terms and powers of office of the inspectors elections for the City of Wilmington, who shall then be in office, shall be and the same are hereby declared to be terminated and ended.

SECTION 15. That the division of the City of Wilmington into election districts, as is directed by sub-division one Section three of Chapter thirty-nine, Volume nineteen, Laws of Delaware, shall hereafter be made on or before the first day of June instead of on or before the first day of September, as therein provided.

SECTION 16. Every inspector of any primary election, poll clerk, or other officer or person having the custody of any "Voting Book of Qualified Voters for Primary Elections," oath, return of votes, certificate. poll list, or any paper, document, or evidence of any description in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing- or secreting the whole or any part thereof, or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this act, or who permits any other person to do so shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be punished for every such offence by imprisonment in the county jail for a period not exceeding two- Years, or by a fine of not more than two hundred dollars, or both.

SECTION 17. Every person not an officer, such as is mentioned in the last preceding section, who is guilty of any of the acts specified ill said section, or who advises, procures or abets the commission of the same, or any of them, shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and for every such offence shall be punished by imprisonment in the county jail for a period not exceeding two years, or by a fine of not more than two hundred dollars, or both.

SECTION 18. That the time for holding any primary election shall be after the last day of registration in the month of August, for the ensuing general election and the time for holding primary elections ill the City of Wilmington to nominate candidates to be voted for at a municipal election shall be in the month of May after the day for the revision of the registration of voters. The time for the revision of voters in the City of Wilmington for municipal elections shall be and the same is hereby made the fourth Saturday previous to the clay set for holding the election for municipal officers in the said city. The election officers and the members pities a of the Department of Elections for the City of Wilmington in addition to the duties now required of them by law shall revise and prepare the "Voting Books of Qualified Voters for Primary Elections," as herein provided for general elections, and no person whose name does not appear on the said "Voting Books of Qualified Voters for Primary Elections" shall be entitled to or shall be permitted to vote at a primary election to nominate candidates to be voted for at the subsequent municipal election in the City of Wilmington. The time for opening the polls for the purpose of conducting a primary election under the provisions of this act shall be one o'clock in the afternoon, and the time for closing the polls at such primary election shall be seven o'clock in the evening.

SECTION 19. That whenever a political party, organization or association desires to hold a primary election for purpose mentioned in Section 2 of this act, the chairman or secretary of the regularly organized and constituted County Committee or governing authority of such political party, organization or association shall notify by letter the respective parties having the custody of the "Voting Books of Qualified Voters for Primary Elections" in this act provided, of their intention of holding a primary election, stating the day on which they desire the election held, which notification shall be at least two weeks prior to the time named for holding such primary election. If no previous notice shall have been received by the said parties from no other political party their intention to hold a primary election on that day, the said parties shall, on or before twelve o'clock of the day for holding such primary election for that political party, organization or association, deliver the two "Voting Books of Qualified Voters for Primary Elections" provided for in this act, for each general election district that may be contained in the primary election district, to the inspector of such primary election in the hundred or election district of the county to which such "Voting Books of Qualified Voters for Primary Elections" shall apply. And it shall be the duty of the said inspector to have the same at the place of holding the primary election at the time of opening the polls on primary election day. If any inspector shall refuse, neglect, or fail to have the said "Voting Books of Qualified Voters for Primary Elections," at the place of holding the primary election at the time designated in this act, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall be punished for each such offence by imprisonment in the county jail for a period not exceeding ninety days, or by a line not exceeding one hundred dollars, or both.

SECTION 20.The qualification of electors under this act shall be such as the political party, organization or association authorizing such election may prescribe and publish, and in default of any prescribed or published rule, the past usages of such political party or organization shall be recognized and adopted, and ignorance of such past usages shall be no defence against any of the penalties of this act. As each person shall apply to vote at any primary election the it ii- officers thereof shall examine the "Voting, Books of Qualified Voters for Primary Elections" provided by this act, and if one part " they find thereon the name of the person applying to vote, and be satisfied that he is the person whose name is so registered, they shall enter the word "voted" after his name, and such voter shall not be permitted to vote at any succeeding primary election held by any other political party, organization or association. The entry of the word "voted" as aforesaid, shall be in such a manner as to indicate at what party primary election the voter has voted. No person whose name is not contained in the "Voting Books of Qualified Voters for Primary Elections" herein provided for, shall be allowed to vote or participate in any primary election hereafter held. It shall be the duty of each of the inspectors, within two to days after the day of the primary election, to return the "Voting Books of Qualified Voters for Primary Elections," used by him at any primary election, to the person or persons from whom he received the same, who shall preserve them. If any inspector shall neglect, refuse or fail to return said "Voting Books of Qualified Voters for Primary Elections," as directed in this section, the said inspector so neglecting, failing, or refusing shall, upon conviction therefor be adjudged guilty of a misdemeanor and shall for every such offence be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a period not exceeding one year, or both.

SECTION 21. If at any primary election, the presiding officer and judge shall knowingly and wilfully receive, or advise, or consent to the receiving of the vote of any person not entitled to vote at such primary election, or if such presiding officer or judge shall knowingly and wilfully refuse to receive the vote of any person entitled to vote at such primary election, every such presiding officer or judge shall, for every such offence, forfeit and pay the sum of one hundred dollars to any person who will sue for the same, or shall, for every such offence, upon conviction therefor, be adjudged guilty of a misdemeanor, and be fined not less than one hundred dollars, and, in either case, be imprisoned until the fines, forfeitures and costs are paid in full or discharged by the court.

SECTION 22. If at any primary election hereafter held by any political party, organization, or association, as provided in this act, any person falsely personate any elector or other person, and vote or attempt or offer to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed, or fictitious name, or in or upon any name not his own, or shall knowingly, willingly or fraudulently vote more than once for any candidate for the same office, or shall vote in any other primary election district than the one in which he is a bona fide resident, or vote or attempt to vote more than one ballot at any primary election district, or shall solicit from any candidate or from any other person, or shall receive, directly or indirectly, from such candidate or from any other person any money, or promise of place or position, or any valuable consideration of any kind, for his vote or support, or if any person shall vote at the primary election of more than one political party, organization or association, held for the purpose of nominating or selecting a candidate or candidates to be voted for at any subsequent general election, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held r the purpose of selecting candidates as aforesaid, before any one general election, or shall vote or attempt to offer to vote in any primary election district, or having once voted shall attempt or offer to vote again, or shall knowingly, willfully or fraudulently do any unlawful act to secure an opportunity for himself or for any other person to vote, or shall by force, threat, menace, intimidation, bribery or reward or offer to or promise thereof, or otherwise unlawfully either directly or indirectly influence or attempt to influence any elector in giving his vote, or shall promise any place or position for the purpose of securing any voter's support or prevent or hinder or attempt to prevent or hinder any qualified voter from freely exercising the rights of suffrage, or any such means induce or attempt to induce any such voter to refuse to exercise any such right, or shall, by any such means or otherwise, compel or induce or attempt to compel or induce any inspector of any primary election or other officer of any primary election in any primary election district to receive the vote of any person not legally qualified or entitled to vote at the said primary election in such district, or shall knowingly, willfully or fraudulently interfere with, delay or hinder in any manner any inspector of any primary election, poll clerk or other officer of any primary election in the discharge of his duty, or by any such means or other unlawful means, knowingly, wilfully or fraudulently counsel, advise, induce or attempt to induce any inspector of any primary election, poll clerk or other officer of any primary election, whose duty it is to ascertain, proclaim, an or declare the result of any such primary election, or to give or make any certificate, document, report, return or other evidence in relation thereto, to refuse or neglect to comply with his duty, or to violate any law regulating the same, or to receive the vote of any person in any primary election district not entitled to vote therein or to refuse to receive the vote of any person entitled to vote therein, or shall aid, counsel, or advise, procure or assist any voter, person or inspector of any primary election, or other officer of such primary election, to do any act by law forbidden, or in this act constituted an offence, or to omit to do any act by law directed to be done, every such person shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall, when not herein otherwise particularly specified, be punished for every offence by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

Any act or deed declared an offence by the general laws of this State concerning elections and not herein particularly mentioned, shall also be an offence in all primary elections, shall be punished in the same form and manner as is provided for the punishment of similar offences by the general laws; and all the penalties and provisions of the general laws shall apply in such cases with equal force, and shall be as effective as though fully set out in this act.

SECTION 23. That the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding any primary election shall, at least two weeks before such primary election is held, determine what territory shall comprise a primary election district; provided, that such primary election districts shall be so formed that the whole of each election district for the general election shall be in one primary election district. They shall also designate the place for holding the primary election in each primary election district and secure the room for holding the same. Said room, in all cases where one primary election district comprises more than one general election district, shall be in the general election district where the greatest number of votes were polled by the political party, organization or association holding such primary election at the general election next preceding the said primary election. They shall also designate each of said districts by appropriate titles or distinctions. No primary election shall be held under the provisions of this act in a place or building where intoxicating liquor is sold.

SECTION 24. If the Sheriff of New Castle county or the members of the Department of Elections for the City of Wilmington shall wilfully neglect, refuse or fail to deliver to each inspector of primary elections the "Voting Books of Qualified Voters for Primary Elections" in his or their custody, for each general election district that may be contained in the primary election district for which he is appointed, then in that case the said Sheriff or any member of said Department of Elections so neglecting, failing or refusing shall, upon conviction therefor, be adjudged guilty of a misdemeanor and shall for every such offence be punished by imprisonment in the county jail for a period not exceeding one year, or by a fine of not more than two hundred dollars, or both, and such conviction shall of itself work a forfeiture of his office.

SECTION 25. Whoever, during the time that any primary election is in progress in any primary election district in New Castle county or during the time the ballots cast thereat are being counted, shall bring, take, order or send into, or attempt to bring, take or send into any place of holding any primary election, any intoxicating liquors whatever, or shall at any such time and place drink or partake of any such intoxicating liquors, he or they shall, upon conviction therefor be adjudged guilty of a misdemeanor and shall for every such me offence be punished by a fine of not less than five dollars, and not exceeding ten dollars.

SECTION 26. That the Sheriff of New Castle county shall provide and deliver, or cause to be provided and delivered to the officers at every polling place in the county outside of the City of Wilmington (and the Department of Elections to perform the same duties in the City of Wilmington), where a primary election is to be held, a ballot box, the same to be provided with a lock and key; the said ballot box to be not less than twelve inches long, nine and one-half inches wide, and nine inches high; both sides of said box shall be entirely of clear glass and shall have a lid so constructed that the said lid will slide with ease. The lid of said ballot box shall have an opening in the top not more than one inch long and not more than three-sixteenths of an inch wide; the opening to be entirely enclosed with iron, steel or tin, which material shall be securely fastened to the lid. He shall also furnish to the officers holding any primary election a box of sufficient size to hold the ballots cast at such primary election.

SECTION 27. That part of the ballot box composed of glass shall be so placed during the time that any primary election is in progress that it can be seen at all times by the persons on the outside of the polling places. The lid of the ballot box shall be securely locked during the time that the primary election is being conducted, and shall not be unlocked until the polls are closed.

SECTION 28. That at the time for closing the polls at a primary election held under the provisions of this act, 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. After closing the polls at a primary election, the presiding officer and judges shall openly and publicly remove the lid of the box containing the ballots. The ballots shall be taken separately from the box. One of the judges shall keep in his custody the said box while the other judge shall publicly and in the presence of the watchers, hereinafter provided for, take the ballots one by one from the box and read the same. When a ballot shall be read it shall be submitted to each of the other judges for inspection and put in the other box directed to be procured in Section twenty-four of this act, it being first seen that the said box is empty; two clerks at least shall keep an accurate account of the ballots as they are read, which shall be done on the tally sheets hereinafter provided to be furnished, by writing the name of every person voted for in the margin under a designation of the office for which the vote is given to him. The clerk shall make a distinct mark with a pen and ink in the row opposite such name for every vote such person shall receive for the same to office. At the close of the canvass of the ballots cast for each candidate, the inspector shall publicly announce the vote and the result of the canvass.

SECTION 29. After having counted the ballots cast at any primary election, the officers holding such election shall forthwith fill out and sign two tally sheets and two certificates, hereinafter provided to be furnished, with the number of votes in words at length entered thereon that have been cast for each and every candidate at such primary election, and the exact time that said canvass was completed. One of said certificates, together with one of said tally sheets and one poll list, shall be delivered by the inspector outside of the City of Wilmington, on the first secular day following such primary election, to the chairman of the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election. One of said certificates, together with one of said tally sheets and one poll list, shall be delivered by the inspectors in the City of Wilmington to the chairman of the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election, within one hour from the time that the canvass or the votes has been completed. The said ballots, after having been counted, shall be deposited in the box furnished for that purpose, together with the other said certificates, tally sheets and poll lists. The lid of said box shall be secured by tape crossed and sealed in sealing wax by one of judges not being the inspector, and shall be delivered by the inspector on the first secular day following such primary election, to the Sheriff of New Castle county, who shall make such disposition of the same as the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election may direct. The regularly organized County Committee or governing authority of the political party, organization or association holding any primary election shall furnish at every polling place in the county where a primary election is to be held, blank tally sheets, blank certificates, and stationery sufficient for the use of the officers holding such primary election. They shall also furnish to the primary election officers printed instructions of the parts of this act that in the judgment of the said committee is necessary for the proper performance of their duties.

SECTION 30. The poll-books used at any primary election hereafter held shall have every line therein numbered, commencing with the figure 1, and continuing serially. On offering to vote at a primary election the voter shall deliver to the presiding officer a single ballot containing the name or names of the person or persons for whom he desires to vote. He shall announce his name and residence, and, if he is qualified as heretofore provided, his vote shall be received and deposited in the ballot-box having the glass sides, and his name and residence entered on the poll-book on the line directly opposite the first unoccupied number in order that the election officers may, at any time during the progress of the primary election, know the exact number of votes that have been cast. The election officers of such primary election shall at any time announce to any person who is in the act of voting and so inquiring, the number of votes that have been cast up to that time.

SECTION 31. The Sheriff of New Castle county shall furnish at every polling place where a primary election is held, outside of the City of Wilmington, and the Department of Elections to perform the same duty in the City of Wilmington, two pieces of rope or chain. The officers holding such primary election shall place the said rope or chain at a distance not less than six feet on either side of the window or door where a primary election is held; the said rope or chain shall be at least twelve feet in length, and shall be at least twenty-four inches from the ground and shall so remain during the time such primary election is in progress. No person shall be permitted to be on the inside of said rope or chain excepting to cast his ballot, after which he shall immediately retire. Any person violating the provisions of this Section shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for every such offence be punished by a fine of ten dollars.

SECTION 32. That each candidate for nomination at any primary election hereafter held shall have the right to appoint one qualified elector as watcher, who shall be entitled to be in the room where such primary election is held, from the commencement to the close of such primary election and signing of the certificates thereof. If any person appointed watcher shall so conduct himself as to interfere with the progress of any primary election he may, upon complaint made by the primary election officers to the chairman of the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election, or to any member thereof from the hundred wherein such interference occurs at the direction of the said chairman or member aforesaid, be removed from the room where such primary election is being held, and the candidate whose representative the watcher so removed was shall be without representation during the continuance of said primary election. If any person shall exclude or attempt to exclude ally elector, except in the manner hereinbefore provided, who has been appointed watcher from the room where any primary election is being held, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for every such offence be punished by a fine of one hundred dollars, or by imprisonment in the county jail for a period not exceeding ninety days, or both.

SECTION 33. That any recognized member of the political party, organization or association in whose interest any primary election is held, may challenge the right of any person offering to vote at such primary election; and the board of election officers holding the same shall determine whether the person so offering is entitled to vote, and shall receive or reject such vote, as the evidence for or against the right of the person to vote shall warrant. The officers may, of their own motion, or in case of challenge if there be doubt of the propriety of receiving the offered vote, require of the person so offering to vote, his oath or affirmation, which shall be administered by the presiding officer, who is hereby authorized to administer the same in the following form, viz: Do you solemnly swear (or affirm) that you are a legally qualified voter under the rules of the party authorizing this primary election; that you will be legally qualified to vote at the following election for which candidates are now being selected to be voted for; that you are at this time a bona fide resident of this primary election district; that you have not voted, or you will not vote at any other voting place this day; that you have not voted or you will not vote at the primary election of any other political party, organization or association held for the purpose of nominating or selecting candidates to be voted for at the ensuing election, After so help you God (or so you solemnly affirm). After the voter has taken the said oath or affirmation, the ballot of such voter shall be received and deposited in the ballot box; and if any person offering to vote at any primary election decline to make the oath or affirmation demanded, his vote shall be rejected. If at the time a person proposes to vote he is challenged and there are several persons waiting their turn to vote, said challenged person shall stand to one side until unchallenged voters have had an opportunity to vote, when his case shall be taken up and disposed of; Provided, that if any person shall challenge a qualified voter, resident of such primary election district, well known as a member of the political party, organization or association holding such primary election, for the purpose of annoying or delaying voters

he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for each and every such offence be punished by a fine of one hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or both.

SECTION 34. That each of the officers of any primary election hereafter held is clothed with the powers and duties of a county constable, and is required to see that good order is preserved at such election, and may arrest and present for commitment to any justice of the peace any and all persons guilty of any unlawful conduct.

SECTION 35. The compensation of the officers and clerks election for holding primary elections under the provisions of this act shall be two dollars and fifty cents for each judge and clerk and three dollars for each inspector at each primary election so held. The expenses for holding primary elections under the provisions of this act including stationery, pay of officers and clerks, shall be paid by the Levy Court of the county wherein such primary election is held to nominate persons to be voted for at a subsequent general election and by the Mayor and Council of Wilmington in any year when a primary election is held in the City of Wilmington to nominate officers to be voted for at the subsequent municipal election in the said city.

SECTION 36. If any person appointed to hold a primary election shall conduct such election in violation of any of the provisions of this act, the regularly organized and constituted County Committee or governing authority of the political party organization or association holding such primary election is hereby empowered and directed to remove such officer or officers and substitute others in their stead, and the person so substituted shall take the oath or affirmation prescribed by Section five of this act, which said oath or affirmation shall be administered by any qualified inspector or judge who is hereby authorized to administer the same.

SECTION 37. In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party, organization or association holding such primary election. In case of death, resignation or removal of any candidate subsequent to a nomination the political party, organization or association in which such vacancy exists, shall provide the manner in which such vacancy shall be filled.

SECTION 38. The regularly organized and constituted County Committee or governing authority of the political party, organization or association holding any primary election is hereby empowered to calculate the aggregate number of all the votes that shall have been cast, in all the hundreds of the county or any subdivision thereof, for every person voted for for any one office at such primary election, and to declare the candidate or candidates in cases where candidates for more than one office are to be nominated, receiving the highest number of votes the nominee or nominees of such political party, organization or association for the office for which he was voted for at such primary election. In all cases of a tie vote or of contests, the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding at such primary election shall have the power to hear and determine such contests, and to decide who shall be entitled to the nomination.

The proceedings in such cases shall be in such form and manner as the said committee or governing authority shall determine upon. Before entering upon the discharge of the duties set forth in this section the members of the committee or governing authority aforesaid, shall be sworn by a notary public to faithfully and honestly discharge the duties herein imposed and the failure upon the part of any member of the said committee or governing authority to discharge such duties faithfully and honestly shall be deemed a misdemeanor, and the person so offending shall, upon conviction therefor, be fined not less than one hundred dollars nor more than five hundred dollars, and be imprisoned in the county jail for a period of not less than sixty days nor more than one year.

SECTION 39. That the ballots used at any primary election hereafter held shall be printed by the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election. The names of all candidates for nomination for the same office shall be placed under the title of said office, the surname of candidates to be placed in alphabetical order and shall not be separate one from another by any other matter. Where there are several candidates for the nomination for the same office, the elector shall indicate his choice by crossing out the name of all the candidates except those for whom he desires to vote; and in case an elector has omitted to cross out the names on his ballot as aforesaid, the said ballot shall not be counted for any such candidate or candidates. Any person desiring to be voted for as a candidate for nomination at any primary election hereafter to be held shall notify the regularly organized and constituted County Committee or governing authority of the political party, organization or association of which he is a member in writing of such desire at least ten days before such primary election is to be held. The said ballots shall be printed and ready for distribution at least five days before the day of such primary election.

SECTION 40. That the provisions of this act shall not apply to any primary election held for the election of delegates to any State convention called for the purpose of electing delegates or representatives to any national political convention; Provided, however, that the regularly organized County Committee or governing authority of the political party, organization or association by or for which the primary election is held for the election of delegates to any state convention held for the election of delegates to any national political convention, shall bear the expense for conducting such primary election as set forth in this Section. And, provided further, that the said governing authority ordering or issuing the call for a primary election to elect delegates or representatives to any State, county or city convention, shall bear all the expense incurred by reason of such election.

SECTION 41. That this act shall apply solely to New Castle county, and the laws now in force prohibiting the sale of intoxicating liquors on the day of any general, special or municipal election are hereby excepted, and shall not apply to any election contemplated by this act.

Passed at Dover, May 21, 1897.

*So enrolled.