CHAPTER 285.
GENERAL PROVISIONS.
AN ACT TO AMEND CHAPTER 393 OF VOLUME 20, LAWS OF DELAWARE, THE SAME BEING "AN ACT TO PROVIDE FOR THE PURITY OF PRIMARY ELECTIONS ON* NEW CASTLE COUNTY," GIVING THE RIGHT TO ALL QUALIFIED VOTERS AT THE GENERAL ELECTION TO VOTE AT THE SUBSEQUENT MUNICIPAL PRIMARY ELECTION IN THE CITY OF WILMINGTON.
*Printed as enrolled.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring):
Section 1. That Section 18, Chapter 393, of Volume 20, Laws of Delaware, be and the same is hereby amended by
striking out all of said Section after the number "18" in the first line, and inserting in lieu thereof the following:
That the time for holding any primary election shall be after Time the first day of registration in the month of August, for the ensuing general election, and the time for holding primary elections in 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 the registration of voters in the city of Wilmington for Municipal elections shall be and the same is hereby made the fourth Saturday previous to the day set for holding the election for municipal officers in the said city. The members of the Department of Elections for the City of Wilmington, in addition to the duties now required of them by law, shall demand of the Clerk of the Peace of New Castle County between the fifth and tenth of April of any year in which a municipal election is held, and it shall be the duty of the said Clerk of the Peace, to deliver to the said Department of Elections for the City of Wilmington, within two days after said demand, the original "Voting Books of Qualified Voters" and "Registers" for all the election districts in the City of Wilmington; and it shall be the duty of the Department of Elections for the City of Wilmington to revise and prepare the "Voting Books of Qualified Voters" as provided for General Elections, and all persons and only they whose names appear on the said "Voting Books of Qualified Voters" shall be entitled to vote at a primary election to nominate candidates to be voted for at the subsequent municipal election in the City of Wilmington, nor shall any person whose name is on the said "Voting Books of Qualified Voters" be disqualified from voting at the municipal election or be compelled to re-register because of the fact that he failed to vote at the previous general election. The time for opening the polls for the purpose of conducting the 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 2. That Section 18, Chapter 393, of Volume 20, Laws of Delaware, be and the same is hereby amended by striking out of said Section after the number "19" in the first line of said Section, and inserting in lieu thereof the following:
"That whenever a political party, organization or association desires to hold a primary election for the purpose mentioned in Section 2 of Chapter 393, the chairman or secretary of the regularly organized and constituted county or city 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" or the "Voting Books of Qualified Voters" in this Act and in Chapter 393, Volume 20, Laws of Delaware, 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 for holding such primary election. If no previous notice shall have been received by the said parties from no other political party of its intention to hold a primary election on that day, the said party shall, on or before twelve o'clock of the day for holding such primary elections for that political party, organization or association, deliver the two "Voting Books of Qualified Voters for Primary Elections" provided for in Chapter 393, Volume 20, Laws of Delaware, in case of a County Primary Election, or the two "Voting Books of Qualified Voters" in case of a Municipal primary election, for each general district that may be contained in the primary election in the hundred or election district of the County or of the City of Wilmington to which such "Voting Books of Qualified Voters for Primary Elections" or "Voting Books for Qualified Voters" 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 elections for any general or special election in the County, or the "Voting Books for Qualified Voters," at the place of holding the primary election for any municipal election in the City of Wilmington, 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 offense by imprisonment in the county jail for a period not exceeding ninety days, or by a fine not exceeding one hundred dollars, or both.
Section 3. That Section 20, Chapter 393, of Volume 20, Laws of Delaware, be and the same is hereby amended by striking out all of said Section after the words "Primary Election" in the eighth line of said Section and inserting in lieu thereof the following: "For any general or special election in the county, the officers thereof shall examine the "Voting Books of Qualified Voters for Primary Elections" provided by Chapter 393, Volume 20, Laws of Delaware, and as each person shall apply to vote at any primary elections held for any municipal election, the officer thereof shall examine the "Voting Books of Qualified Voters" provided by this Act, and if 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 for that particular election, 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," shall be allowed to vote or participate in any primary election for any general or special County election hereinafter held, and no person whose name is not contained in the "Voting Books of Qualified Voters" shall be allowed to vote or participate in any primary election for any municipal election hereafter held. It shall be the duty of the inspector within two days after the day of the primary election to return the said "Voting Books of Qualified Voters for Primary Elections" or "Voting Books of Qualified Voters," used by him at any primary election, to the person or persons from whom he received the same, who shall preserve' them, and in case of the "Voting Books of Qualified Voters," within ten days after they have been returned to the Department of Elections for the City of Wilmington, the said Department shall deliver the said Books and Registers to the Clerk of the Peace of New Castle County, taking from them a receipt. If any inspector shall neglect, refuse or fail to return said "Voting Books" 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 offense be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a period not exceeding thirty days, or both.
Section 4. That Section 24, of Chapter 393, Volume 20, Laws of Delaware, be and the same is hereby amended by inserting after the word "Elections" in the fifth line of said Section the following words: "or "Voting Books of Qualified Voters," and to further amend said Section by inserting after the word "appointed," in the seventh line of said Section the following words: "or the Clerk of the Peace shall lawfully neglect, refuse or fail to deliver to the -Department of Elections for the City of Wilmington the said "Voting Books of Qualified Voters," and to further amend the said Section by inserting after the word "Elections" in the ninth line of said Section the following words: "or the Clerk of the Peace of New Castle County."
Section 5. That all Acts or parts of Acts inconsistent with this Act are hereby repealed.
Approved March 24, A. D. 1903.