CHAPTER 65.
OF THE GENERAL ELECTION.
AN ACT to Further Provide for the Secrecy and Purity of the Ballot.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
Section 1. That hereafter it shall be the duty of each Inspector of Elections in this State, outside of the city of Wilmington, to provide a room for the holding of any general or special election in his hundred or election district which shall be adapted to the requirements of this Act. Said room shall be at the place now or which may hereafter be established by law in each hundred or election district for the holding of elections, or in as close proximity thereto as practicable, having due regard to the convenience of the voters. Provided, however, that if any Inspector shall select a place for the holding of any general or special election in his hundred or election district, other than the one established by law, he shall do it in time to give the notice of holding such election required by law. Said room shall have a door or entrance of easy or convenient access, and if practicable, a separate means of exit. It shall be provided on the outside with a passage at least four feet wide and with a railing, rope or wire on each side commencing at least thirty feet away from and leading to the entrance to such place of election and passing the place assigned for the challengers and thence to the entrance of the room in which the election is held.
The Inspector shall provide for the room a railing therein separating the part of the room to be occupied by the election officers from the remainder of the room. He shall also provide a suitable table and chairs for the use
of the election officers. The table shall occupy such a position in the said room as to enable the election officers and the challengers hereinafter provided for, to easily communicate with each other. He shall cause to be constructed in the room at least one booth for every one hundred and fifty voters or fractional part thereof in each hundred or election district; provided that there shall not be less than three booths at any hundred or election district. The booths shall be at least three feet square and six feet high if the ceiling will admit it. They shall each contain a shelf properly constructed and a cardboard box fastened to the booth to contain the ballots hereinafter provided for, and they shall be so constructed and arranged that all the election officers in the room can, see whether more than one voter enters any one of them at any one time. In the City of Wilmington it shall be the duty of the Department of Elections to select the voting place in each election district within the city and to provide the room in which the election is to be held and to protect the same with the required railing or rope and to construct therein the necessary number of booths and to do all other things required to be done by the Inspectors of Election outside of the City of Wilmington in and about the furnishing and fitting up of said room.
Section 2. Each of the political parties may select and accredit some suitable person as a challenger to stand without the door or entrance of the room in which the election is to be held, and by the side of the passage hereinbefore provided for; and in case of failure of any or all of the political parties to select such person or persons as challenger or challengers it shall be the duty of the Inspector and Judges to make such selection or selections, provided that the challengers may be exchanged and their places filled, in like manner during the day. The said challengers shall be peace officers of the State with the same powers for preserving the peace as the Inspectors of Election now have. Any person resisting such challenger or challengers shall be deemed guilty of a misdemeanor and upon conviction thereof by indictment shall be fined not more than one hundred dollars and may at the discretion of the Court be imprisoned for a term not exceeding one year. Such challengers shall be appointed by the respective County Committees of each of the political parties.
Section 3. A political party within the meaning of this Act shall be an organization of bona fide citizens and voters of any county in this State, which shall by means of a convention, primary election or otherwise, nominate candidates for public offices to be filled by the people at any general or special election within the State. No organization shall be regarded as a political party that does not represent at least five hundred bona fide citizens and voters of the county in which it exists. If the Clerk of the Peace should have any doubt as to the sufficiency of the number of bona fide voters represented by any organization in any county, he may demand a certificate containing the signatures, and addresses of two hundred and fifty voters belonging to such an organization, as to that fact.
Section 4. The Clerks of the Peace for the several counties shall cause to be printed on the ballots herein provided for, the names of the candidates nominated by the parties recognized by them as political parties within the meaning of this act. The nomination of the candidates for the office of Governor, Representative in Congress and Presidential Electors and all other State officers shall be certified to the several Clerks of the Peace by the presiding officer and secretary of the several State party conventions or committees, and the nominations of the candidates for the county, hundred and district offices shall be certified to the respective Clerks of the Peace of the county in and for which such nominations have been made by the presiding officer and secretary of the proper party convention or committee. The certificates shall be in writing and shall contain the name of each person nominated, his residence and the office for which he is nominated. The persons making such certificate shall add to their signatures their respective places of residence and shall acknowledge said certificate before an officer duly authorized to take acknowledgments of deeds, and a certificate of such acknowledgment shall be affixed to the instrument.
The certificate shall also designate a title for the party which such convention or committee represents together with any simple figure or device by which its list of candidates may be designated on the ballot. Provided that the figure, or title or device selected and designated by the State convention or committee of any party shall be used by that party throughout the State; only one figure or device shall be used by a party at any election. The same title, figure or device shall not be used by more than one party, and the party first certifying a name, title, figure or device to the Clerks of the Peace shall have the prior right to use the same. Such figure or device may be the figure of a star, an eagle, a plow, or some such appropriate symbol, but the coat of arms or seal of the State, or of the United States, or the flag of the United States, shall not be used as such figure or device.
In case of death, resignation or removal of any candidate subsequent to nomination a supplemental certificate of nomination may be filed by the proper officers of the State, county, district or hundred committees. In case of a division in any party and claim by two or more factions to the same party name or title, figure or device, if the division occurs at a State convention, or extends throughout the State, the Clerks of the Peace of the several counties shall, within ten days after any one of them has received the certificates of the contending factions, assemble in the office of the Clerk of the Peace at Dover and determine which faction the name, title or figure properly belongs to, giving the preference to the convention held at the time and place designated in the call of the regularly constituted party authorities; and if within five days thereafter the other faction shall present no other party name or title, figure or device and certify the same to the Clerks of the Peace the latter shall again immediately assemble and select some suitable title, figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certificate of the contending factions shall not be received by the Clerks of the Peace in time for them to assemble at Dover before publishing the device and list of candidates in the newspapers, then and in that case each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other faction. Provided that in case of division in any party extending only throughout a county, district or hundred, the Clerk of the Peace in the county in which such division occurs upon the receipt of certificates from the contending factions shall determine which faction is entitled to the party name, figure or device and to have their nominations printed in the proper party column, and should the other faction fail to do so the Clerk of the Peace shall select for them a name or title, figure or device.
Section 5. The Clerks of the Peace of the several counties shall cause to be preserved in their respective offices all certificates of nominations filed under the provisions of this act for six months after the date of the filing thereof.
Section 6. Certificates of nominations herein directed to be filed with the Clerks of the Peace shall be filed not less than twenty days before the day fixed by law for the election of the persons in nomination.
Section 7. At least ten days before an election to fill any public office the Clerk of the Peace of each county shall cause to be published in at least two newspapers within his county the nominations to office certified to him as directed in Section 4. He shall make no less than two publications in each of such newspapers before election. Such publications shall be made in two newspapers representing the two principal political parties. Provided, that in all cities where a daily newspaper is published such notice shall also be published in two daily papers representing such political parties, if such there be. The lists of nominations published by the Clerk of the Peace shall be arranged as far as practicable in the order and form in which they will be printed upon the ballots, and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of the Peace shall not include in the publication to be made according to this section the name of any candidate whose certificate of nomination shall have been filed in his office who shall have notified him in writing duly signed and acknowledged that he will not accept the nomination. The names of such candidates shall not be included in the names of the candidates to be printed on the ballot as hereinafter provided.
Section 8. The Clerk of the Peace in each county shall cause the names of all candidates to be voted for in his county and the several hundreds or districts in the same to be printed in parallel columns in one ballot, all nominations of any party being placed under the title and device of such party as designated by its authorized agent or agents in the certificate or certificates, or if none be designated under some suitable title and device to be selected by the Clerk of the Peace. The ballots shall be of uniform size and of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballot shall in general conform as nearly as possible to the plan hereinafter given, and the device named and chosen and the list of candidates of the Democratic party shall be placed in the first column on the left hand side of said ballot; of the Republican party in the second column and of any other party in such order as the Clerk of the Peace shall decide.
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DEVICE
DEMOCRATIC PARTY
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DEVICE
REPUBLICAN PARTY
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For Electors of
President and Vice President
JOHN DOE
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For Electors of
President and Vice President
JOHN DOE
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For Electors, etc.
JOHN DOE
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For Electors, etc.
JOHN DOE
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For Electors, etc.
JOHN DOE
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For Electors, etc.
JOHN DOE
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For Governor
JOHN DOE
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For Governor
JOHN DOE
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For Lieutenant Governor
JOHN DOE
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For Lieutenant Governor
JOHN DOE
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Section 9. In case of the death, removal or resignation of any candidate after the printing of such ballots and before such election, it shall be lawful for the Chairman of the State, county, hundred or district political organization by which such candidate was nominated to make a nomination to fill such vacancy and to provide the election officers of each election district in which such candidate is to be voted for, with a number of posters containing only the name of such candidate. Said number to be at least equal to the number of ballots provided for each election district as hereinafter provided, and to deliver said posters in the same manner as it is hereinafter provided that ballots shall be delivered.
Section 10. The Clerk of the Peace in each county shall cause to be printed within the State of Delaware, in the form hereinbefore provided, not less than fifteen ballots for every voter in each hundred or Election District in his county, and the number shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding election, with due allowance for any estimated increase thereof. If a new Election District has been established in his county, the number shall be estimated by the said Clerk of the Peace, according to the best information he can obtain. The Clerk of the Peace in each county, in addition to the above mentioned ballots shall cause to be printed such further number of ballots as shall be directed by the Chairman of any committee of any political party, in any county, provided, however, that the said Clerk of the Peace shall not have printed any ballots upon the order or request of any Chairman of any political party unless the said request shall have been made to him in writing at least thirty days prior to the holding of the Election at which the said ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the said Chairmen of the various political parties shall be delivered to the said Chairmen or to their agents upon their request or order, at least five days before the Election at which the said ballots are to be used. In addition to the ballots so ordered by the Chairmen of the various political parties, the Clerk of the Peace shall deliver to each Chairman of the various political parties, two ballots for every voter in each hundred or Election District, who at the last preceding election cast his ballot for the head of the ticket of such political party, which ballots shall be furnished to the County Chairmen free of all charges. The Clerk of the Peace shall cause the ballots, other than those delivered to the Chairmen of the various political parties for each hundred or Election District, to be carefully wrapped and tied in two packages. One of such packages shall contain two ballots for every voter in each hundred or Election District in his county, and shall be retained by the Clerk of the Peace, and the ballots therein contained shall only be used to take the place of any ballot that may have been destroyed or lost by any accident or casualty.
The other packages of ballots shall be delivered by the Clerk of the Peace in the manner hereinafter provided for. The Clerk of the Peace in each county shall also provide ungummed envelopes of a sufficient size to contain the ballot to be used at any election. Each envelope shall have printed thereon,
Official Envelope
For
Representative District Number ___
Date of Election________
____________________
____________________
Clerks of Election
and shall be signed by the Clerks of Election on the lines above the words, "Clerks of Election".
He shall have prepared four envelopes for each voter in each hundred or Election District in his county, and the number shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding election, with due allowance for any estimated increase thereof. If a new Election District has been established in his county, the number shall be estimated by said Clerk of the Peace, according to the best information he can obtain. The Clerk of the Peace shall cause the envelopes for each hundred or Election District to be carefully wrapped and tied in two packages, one package containing one envelope for each voter in each hundred or Election District, in his county, and shall be retained by the Clerk of the Peace, and the envelopes therein contained shall only be used to take the place of like envelopes that may have been destroyed or lost by any accident or casualty. The said packages of envelopes shall be plainly marked and securely sealed with wax. The Clerk of the Peace in each County shall also provide, and enclose in each of said packages, not less than one dozen black or indelible pencils or crayons and a sufficient number of rubber bands to secure the number of envelopes in each hundred or Election District.
Section 11. It shall be the duty of each Inspector of Election outside of the City of Wilmington to appear at the Office of the Clerk of the Peace of his County on the day preceding the election before the hour of three o'clock in the afternoon, and the Clerk of the Peace shall deliver to him the packages of ballots, envelopes ,pencils, and rubber bands for his hundred or Election District, and the said Inspector shall safely keep the said packages
and produce the same at the place of election, and at the time of the opening of the election; provided, however, that in case there shall be a vacancy in the office of any Inspector on the day preceding the election or any Inspector for any cause, shall not apply to the proper Clerk of the Peace for the packages herein mentioned, for his hundred or Election District by the hour of three o'clock in the afternoon of the day preceding the election, the said Clerk of the Peace shall deliver said packages to some trusty person who shall deliver them on the day of the election to the Inspector of Election, of such hundred or election district at the place of election and immediately upon the qualification of the election officers.
In the City of Wilmington it shall be the duty of the President of the Department of Elections, or in case he cannot attend some other member of the Department of Elections authorized in writing by the President of the Department of Elections to appear at the Office of the Clerk of the Peace of New Castle County on the day preceding each election on or before the hour of three o'clock in the afternoon, and the said Clerk of the Peace shall deliver to him the packages provided for each election district of the City of Wilmington and the said Department of Elections shall safely keep the same and deliver to said board of election officers and at the polling place on the day of the election at the time provided by law for the delivery of the ballot boxes, the ballots, envelopes, pencils and rubber bands intended for their several and respective districts.
Section 12. If by any action or casualty the ballots or envelopes delivered to any Inspector or other person by any Clerk of the Peace shall be lost or destroyed it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the same were obtained and make affidavit of the circumstances of the loss whereupon such Clerk of the Peace shall at once re-supply such person. In case such person having in custody said packages fails or refuses to report and make proof of the loss, any qualified elector may do so, and thereupon such Clerk of the Peace shall at once send a new supply by some trusty person as provided in other cases. In case, for any reason, there should be found no ballots or other necessary means or contrivances for voting, at the opening of the election it shall be the duty of the election officers at such election place to secure the same as speedily as possible, and, if necessary, such election officers shall have ballots printed or written and envelopes procured; provided, however, that such ballots and envelopes shall conform as nearly as possible to the official ballots and envelopes and the printing and the preparation and the care of the same shall be under the same provisions and penalties as the printing and the care of the other ballots and envelopes prescribed in this Act.
Section 13. At the opening of the election after the qualification of the several officers and in the presence of the others the Inspector or the Chairman of the Board of Inspectors shall open the packages of ballots and envelopes. He shall place in each box provided in each booth, at least ten ballots, and at all times during the election it shall be his duty to see that at least ten ballots are kept in said boxes in said booths. He shall then deliver to the Clerk of the Election, of the opposite political party from his own, twenty-five of the envelopes. The Clerks of the Election shall at once proceed to write party their full names in ink in the places designated on the envelopes in their ordinary handwriting and without any distinguishing mark of any kind. As each successive elector calls for a ballot and envelope, the Clerks of the Election having custody of the ballots and envelopes shall deliver to him the first signed of the twenty-five envelopes, and one ballot, and the Inspector shall immediately deliver to the said Clerk of the Election another envelope which the Clerks of the Election shall at once sign as before, and add to the envelopes already signed so that it shall be delivered for voting after all of those theretofore signed.
Section 14. The Clerk of the Peace of each county shall cause to be printed in large type on cards, in English and such other language as he may deem necessary, instructions for the guidance of electors in preparing their ballots. He shall furnish twelve of such cards in each of the languages determined upon by him to each of the Election Inspectors at the same time he delivers to him the ballots and envelopes for his hundred or Election District. Each Inspector shall cause to be posted one of each of said cards in each place or compartment provided for the preparation of ballots, and one of each kind of such cards at or near to the outer end of the enclosure leading to the polling place, and not nearer than thirty feet of the polling place, and not less than three of each of such cards and three samples of each of the ballots in and about the polling place at the opening of the polls on the day of election, which sample ballots shall be printed on different colored paper than the genuine ballots. Said cards shall contain full instructions to the voters as to what must be done:
First, to obtain ballots and envelopes for voting;
Second, to prepare the ballots for voting;
Third, for depositing the ballot in the envelope;
Fourth, to obtain either a new ballot or an envelope or both in place of either or both accidently defaced, mutilated or spoiled, also copies of Sections 30, 31, 32 and 33.
Section 15. One challenger appointed and designated by each political party as hereinbefore provided shall be entitled to stand at the side of the passage and near the entrance to the room. No other person shall remain within thirty feet of said entrance except for the purpose of offering his vote, except as hereinafter provided for, and voters shall approach and enter the passage in the order in which they appear, for the purpose of voting. If any person offering to vote shall be challenged by one of such challengers, or by one of the Election officers, his right shall be at once determined by the proper officers, and if his vote is refused he shall immediately stand aside and give place to the person next in line, and retire without delay from within the thirty foot space around the entrance to the room.
Section 16. When a voter shall have been passed by the challengers, he shall be admitted to the election room; provided, however, there shall not be in the room at any time more than one voter for each booth therein. On entering the room the voter shall announce his name to the Clerks of Election, who shall register it, and one of said Clerks shall deliver to him an envelope and ballot furnished to the Election officers by the Clerk of the Peace. The voter shall then, and without leaving the room, go alone into any of the booths which may be unoccupied and deposit the ballot which he desires to vote in the envelope handed him by the Clerk, and on leaving the booth, or compartment, he shall deliver the envelope containing the ballot to the Inspector or the Judge who may temporarily be authorized to act for the Inspector, who shall forthwith in the presence of the voter and of the other election officers place a rubber band about the said envelope in such a manner as to keep the ballot placed therein from slipping out of the said envelope and shall deposit the said envelope in the ballot box, and the Clerks of the election shall write the word "voted" after the name of the voter on the poll list. The voter shall immediately after voting leave the room, and upon his refusal to do so may be ejected therefrom. But no voter to whom an envelope has been delivered shall be permitted to leave the room without voting or returning the said envelope to the Clerk of the Election. Any voter who shall attempt to leave the room with the envelope in his possession shall be at once arrested on demand of an election officer.
Section 17. It shall be lawful for any voter to secure a ballot at any time from the Chairmen of the various political parties or from any other source whatsoever, and to mark the same at any time and at any place before voting the same, and to carry the ballot which he has marked to the designated polling place in the hundred or election district of which he is a registered and qualified voter and there to vote the said ballot in the manner heretofore prescribed.
Section 18. Not more than one person shall be permitted to occupy any booth at one time, and no person shall remain in, or occupy a booth longer than may be necessary to prepare his ballot and to deposit the same in his envelope, and in no event longer than three minutes. No more than one person for each booth in the room, other than the election officers shall be permitted to enter or be in the election room at any one time except as hereinafter provided and no voter or person offering to vote shall hold any conversation or communicate with any other person than an election officer while in the election room except as hereinafter provided.
Section 19. Any person who shall by accident or mistake spoil or deface or mutilate his ballot or envelope, on returning the spoiled ballot or envelope to the Clerks of the Election and satisfying them that such spoiling, defacing or mutilation was not intentional, shall receive another ballot or envelope or both in place thereof, and such Clerk shall make a minute of the fact on the poll lists at the time, and the mutilated ballot and envelope shall then be destroyed by the elector in the presence of the same the election officers.
Section 20. Any person who shall be physically unable to prepare or fold his ballot or deposit his ballot in his envelope by reason of defective eyesight or the loss of the use of one or both hands, or inability to walk with safety without assistance as manifestly renders him unable to prepare or fold his ballot, or to deposit his ballot in his envelope, or to reach the polling place alone with safety shall be permitted to bring with him into the election room and booth any elector or two electors if the nature of the disability manifestly requires more than one, such as a total disability to walk to the polling district, for the purpose of rendering him the necessary assistance, and no voter shall receive any other assistance in voting than that herein provided for and the office of the so called voter's assistant is hereby expressly abolished.
In case any elector shall feign any of such physical defects, he shall be guilty of a misdemeanor and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned for not more than two years.
Section 21. No Inspector of election or Judge acting for the Inspector shall deposit any envelope upon which the names of the Clerks of the election as hereinbefore provided for, does not appear or any envelope on which appears any distinguishing mark, defacement or mutilation; provided, however, that no mark shall be considered distinguishing, and no envelope shall be considered defaced or mutilated unless it plainly appears that it was the intention of the voter to so mark, deface or mutilate his envelope.
Section 22. The election officers before entering upon the duties of their office shall each take an oath that he will not in any manner attempt to influence, intimidate, persuade, bribe or coerce any voter in the marking of his ballot or in the making of the choice of the person or persons for whom he votes, and that he will not disclose the manner in which any person has voted, and any election officer who shall violate his oath in any of these particulars shall be guilty of willful and deliberate perjury, and upon conviction thereof by indictment he shall in addition to the penalties and disabilities annexed to such crime be fined not more than five hundred dollars and may at the discretion of the Court be imprisoned not exceeding two years.
Section 23. Whenever under any provision of the laws of this State any voter or elector at any election hereinafter to be held in this State is required to indicate on the official ballot the candidate for whom he desires to vote at such election by marking his ballot in such manner as to indicate for whom he casts his vote such voter or elector at any election aforesaid shall indicate his choice of candidates aforesaid by marking his ballot with a black or indelible lead pencil or black crayon in the following manner:
When any elector desires to vote a straight ticket, that is to vote for all of the candidates of a party appearing in the party column on the ballot he shall place a cross mark or "X" within the square at the head of the party column containing the names of such candidates. In the event that any elector does not desire to vote for all of the candidates whose names appear in any one party column he shall place a cross mark or "X" in the square at the left of the name of the candidate for whom he desires to vote, and he may also scratch out the name of the candidate for whom he does not desire to vote, or he may do either.
All ballots cast at any election shall be counted for the persons for whom they were intended so far as such intention can be ascertained therefrom and in determining the intention the following rules shall be observed: First. If the elector shall place on his ballot a cross mark or "X" within the square containing a party designation at the head of the column he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or unless in some other column he shall have placed a mark in the square at the left of the name of some other candidate for the same office.
Second. When the voter shall place a mark against two or more names for the same office he shall be deemed to have voted for none of them and the ballot shall not be counted for either candidate therefor, but shall be counted for such other candidates as it is the evident intention of the voter to vote for.
Third. If any name be written on any ballot the ballot shall be void and not counted.
Fourth. When the elector shall have made a mark in the square at the left of the name of a person in the proper place he shall be deemed to have voted for that person although he shall have omitted to erase or scratch out the name printed in any other column for the same office.
Fifth. A ballot put in without any marks shall not be counted, and a ballot not marked at the top shall be counted only for the persons for whom the marks therein are applicable.
Section 24. In the counting of the votes any ballot contained in an envelope which is not endorsed with the names of the Clerks of the election as provided in this Act, and any ballot which shall bear such a distinguishing mark that it is apparent that such distinguishing mark was placed thereon with the intent of the voter, or any ballot which is contained in any envelope which shall bear any such distinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidate or candidates affected thereby; provided, however, that such ballots and envelopes and all disputed ballots and envelopes shall be preserved by the inspector and at the close of the count, placed with the seals of the envelope packages in the box into which the ballots shall have been put when read.
If any envelope should be found to contain more than one ballot none of the ballots contained in that envelope shall be counted. The election officers shall also record on the tally list memoranda of such ballots and envelopes and the condition of the seal of the envelope packages; and in any contest of election such ballot, envelope and seals may be submitted in evidence. Immediately on closing the polls, the envelopes remaining unused shall be counted and destroyed by the election officers of the several hundreds or election districts by totally consuming by fire and the election officers shall certify the number of envelopes so destroyed by them on the respective tally lists.
In the counting of the ballots each ballot shall be removed from its envelope and counted for the candidates voted for thereon and immediately returned to the envelope from which it is taken and secured therein by a rubber band, and the said envelopes and ballots after the count is made shall be returned to the ballot boxes from which they are taken.
Section 25. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the ballots and envelopes printed and prepared according to the provisions of this Act, or shall neglect or refuse to deliver them in time to the parties properly entitled to receive them, or shall neglect or refuse to do or perform any other duty in and about the preparation and distribution of the ballots and envelopes required to be done and performed by him by the provisions, of this Act, he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars, and he may in the discretion of the Court be imprisoned for not less than one nor more than five years.
Section 26. If any person being an election officer shall reveal to any person how any elector has voted, or what person or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted or envelope used, such person or persons so offending shall be guilty of a misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be imprisoned not less than two and not more than five years.
Section 27. Any person who shall falsely make or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof; or file any certificate of nomination knowing the same or any part thereof to be falsely made; or suppress any certificate of nomination which has been duly filed or any part thereof or forge or falsely make the official endorsement of any ballot or envelope or either of them; or print or cause to be printed any imitation ballot or envelope or circulate the same; or conspire with others to do any of said acts, or induce or attempt to induce any other person to do any of said acts, whether or not said acts or any of them be committed or attempted to be committed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the discretion of the Court not more than five years.
Section 28. If any Clerk of the Peace, Inspector of Election, Clerk of Election or Judge of Election or trusty person shall willfully violate any of the provisions of this Act in the performance of any duty herein imposed upon him for the violation of which no other punishment is herein provided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the Court be imprisoned for a term not exceeding three years.
Section 29. The Sheriff shall make the ballot boxes and the tally lists and all other papers to be delivered to and the several inspectors conform to the requirements of this Act. The inspector or trusty person for his services in receiving and delivering at the place of holding the election as aforesaid the packages containing the ballots and stamps shall receive two dollars.
Section 30. If any person not herein authorized so to do shall enter or attempt to enter the election room, or enter or attempt to enter within the railing leading to the entrance of the election room, or shall remain within thirty feet of the polling place contrary to the provisions hereinbefore made, he shall be guilty of a misdemeanor and on conviction thereof be fined not more than two hundred dollars.
Section 31. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the name of any person or any sign or device of any kind as a distinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors or any electors to so place any distinguishing mark or name on his ballot whether or not said act be committed or attempted to be committed, such persons so offending shall be guilty of a misdemeanor and on conviction be imprisoned for not exceeding two years.
Section 32. If any person shall induce or attempt to induce any election officers to violate any of the provisions of this Act whether or not such election officers shall violate or attempt to violate any of the provisions of this Act, such person so offending shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preceding section to the election officers at the opening of the polls and each member thereof shall thereupon take an oath that he has not violated and will not violate the provisions of said sections.
Section 33. Any person who shall during the election remove or destroy any of the supplies or other conveniences placed in the booths as aforesaid or delivered to the voter for the purpose of enabling the voter to prepare his ballot, or shall during the election remove, tear down or deface the cards printed for the instruction of the voters, or shall, during an election destroy or remove any booth, railing or other convenience provided for such election, or shall induce or attempt to induce any person to commit any of such acts whether or not any such acts are committed or attempted to be committed shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year.
Section 34. All necessary costs and expenses incurred by the inspector and Clerks of the Peace in carrying into effect the provisions of this Act shall be paid as other County expenses are paid, except however the ballots ordered to be printed by the County Chairmen of the various political parties shall be paid for by such political party as shall order the same.
Section 35. At the first General election held after the approval of this Act, it shall be the duty of the Clerks of the Peace of the various counties to mail, as soon as he conveniently can after the last registration day to each voter registered in his county, a sample ballot, with instructions how to mark and vote the same, but the provisions of this section shall apply to only the next preceding election after the approval of this Act.
Section 36. This Act shall apply to all municipal elections held in the City of Wilmington, but it shall not apply to the election for members of the Board of Education in the City of Wilmington.
Section 37. All acts or parts of acts inconsistent with this Act are hereby repealed, provided, however, nothing contained in this Act shall repeal, alter or in any way affect the validity of Chapters 36 and 38, Volume 21, Laws of Delaware, or any of the provisions thereof, or any of the acts amendatory thereof, or any of the provisions of any such amendatory acts.
Approved March 10, A. D. 1913.
DEVICE
DEMOCRATIC PARTY
DEVICE
REPUBLICAN PARTY
For Electors of
President and Vice President
JOHN DOE
For Electors of
President and Vice President
JOHN DOE
For Electors, etc.
JOHN DOE
For Electors, etc.
JOHN DOE
For Electors, etc.
JOHN DOE
For Electors, etc.
JOHN DOE
For Governor
JOHN DOE
For Governor
JOHN DOE
For Lieutenant Governor
JOHN DOE
For Lieutenant Governor
JOHN DOE
Section 9. In case of the death, removal or resignation of any candidate after the printing of such ballots and before such election, it shall be lawful for the Chairman of the State, county, hundred or district political organization by which such candidate was nominated to make a nomination to fill such vacancy and to provide the election officers of each election district in which such candidate is to be voted for, with a number of posters containing only the name of such candidate. Said number to be at least equal to the number of ballots provided for each election district as hereinafter provided, and to deliver said posters in the same manner as it is hereinafter provided that ballots shall be delivered.
Section 10. The Clerk of the Peace in each county shall cause to be printed within the State of Delaware, in the form hereinbefore provided, not less than fifteen ballots for every voter in each hundred or Election District in his county, and the number shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding election, with due allowance for any estimated increase thereof. If a new Election District has been established in his county, the number shall be estimated by the said Clerk of the Peace, according to the best information he can obtain. The Clerk of the Peace in each county, in addition to the above mentioned ballots shall cause to be printed such further number of ballots as shall be directed by the Chairman of any committee of any political party, in any county, provided, however, that the said Clerk of the Peace shall not have printed any ballots upon the order or request of any Chairman of any political party unless the said request shall have been made to him in writing at least thirty days prior to the holding of the Election at which the said ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the said Chairmen of the various political parties shall be delivered to the said Chairmen or to their agents upon their request or order, at least five days before the Election at which the said ballots are to be used. In addition to the ballots so ordered by the Chairmen of the various political parties, the Clerk of the Peace shall deliver to each Chairman of the various political parties, two ballots for every voter in each hundred or Election District, who at the last preceding election cast his ballot for the head of the ticket of such political party, which ballots shall be furnished to the County Chairmen free of all charges. The Clerk of the Peace shall cause the ballots, other than those delivered to the Chairmen of the various political parties for each hundred or Election District, to be carefully wrapped and tied in two packages. One of such packages shall contain two ballots for every voter in each hundred or Election District in his county, and shall be retained by the Clerk of the Peace, and the ballots therein contained shall only be used to take the place of any ballot that may have been destroyed or lost by any accident or casualty.
The other packages of ballots shall be delivered by the Clerk of the Peace in the manner hereinafter provided for. The Clerk of the Peace in each county shall also provide ungummed envelopes of a sufficient size to contain the ballot to be used at any election. Each envelope shall have printed thereon,
Official Envelope
For
Representative District Number ___
Date of Election________
____________________
____________________
Clerks of Election
and shall be signed by the Clerks of Election on the lines above the words, "Clerks of Election".
He shall have prepared four envelopes for each voter in each hundred or Election District in his county, and the number shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding election, with due allowance for any estimated increase thereof. If a new Election District has been established in his county, the number shall be estimated by said Clerk of the Peace, according to the best information he can obtain. The Clerk of the Peace shall cause the envelopes for each hundred or Election District to be carefully wrapped and tied in two packages, one package containing one envelope for each voter in each hundred or Election District, in his county, and shall be retained by the Clerk of the Peace, and the envelopes therein contained shall only be used to take the place of like envelopes that may have been destroyed or lost by any accident or casualty. The said packages of envelopes shall be plainly marked and securely sealed with wax. The Clerk of the Peace in each County shall also provide, and enclose in each of said packages, not less than one dozen black or indelible pencils or crayons and a sufficient number of rubber bands to secure the number of envelopes in each hundred or Election District.
Section 11. It shall be the duty of each Inspector of Election outside of the City of Wilmington to appear at the Office of the Clerk of the Peace of his County on the day preceding the election before the hour of three o'clock in the afternoon, and the Clerk of the Peace shall deliver to him the packages of ballots, envelopes ,pencils, and rubber bands for his hundred or Election District, and the said Inspector shall safely keep the said packages
and produce the same at the place of election, and at the time of the opening of the election; provided, however, that in case there shall be a vacancy in the office of any Inspector on the day preceding the election or any Inspector for any cause, shall not apply to the proper Clerk of the Peace for the packages herein mentioned, for his hundred or Election District by the hour of three o'clock in the afternoon of the day preceding the election, the said Clerk of the Peace shall deliver said packages to some trusty person who shall deliver them on the day of the election to the Inspector of Election, of such hundred or election district at the place of election and immediately upon the qualification of the election officers.
In the City of Wilmington it shall be the duty of the President of the Department of Elections, or in case he cannot attend some other member of the Department of Elections authorized in writing by the President of the Department of Elections to appear at the Office of the Clerk of the Peace of New Castle County on the day preceding each election on or before the hour of three o'clock in the afternoon, and the said Clerk of the Peace shall deliver to him the packages provided for each election district of the City of Wilmington and the said Department of Elections shall safely keep the same and deliver to said board of election officers and at the polling place on the day of the election at the time provided by law for the delivery of the ballot boxes, the ballots, envelopes, pencils and rubber bands intended for their several and respective districts.
Section 12. If by any action or casualty the ballots or envelopes delivered to any Inspector or other person by any Clerk of the Peace shall be lost or destroyed it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the same were obtained and make affidavit of the circumstances of the loss whereupon such Clerk of the Peace shall at once re-supply such person. In case such person having in custody said packages fails or refuses to report and make proof of the loss, any qualified elector may do so, and thereupon such Clerk of the Peace shall at once send a new supply by some trusty person as provided in other cases. In case, for any reason, there should be found no ballots or other necessary means or contrivances for voting, at the opening of the election it shall be the duty of the election officers at such election place to secure the same as speedily as possible, and, if necessary, such election officers shall have ballots printed or written and envelopes procured; provided, however, that such ballots and envelopes shall conform as nearly as possible to the official ballots and envelopes and the printing and the preparation and the care of the same shall be under the same provisions and penalties as the printing and the care of the other ballots and envelopes prescribed in this Act.
Section 13. At the opening of the election after the qualification of the several officers and in the presence of the others the Inspector or the Chairman of the Board of Inspectors shall open the packages of ballots and envelopes. He shall place in each box provided in each booth, at least ten ballots, and at all times during the election it shall be his duty to see that at least ten ballots are kept in said boxes in said booths. He shall then deliver to the Clerk of the Election, of the opposite political party from his own, twenty-five of the envelopes. The Clerks of the Election shall at once proceed to write party their full names in ink in the places designated on the envelopes in their ordinary handwriting and without any distinguishing mark of any kind. As each successive elector calls for a ballot and envelope, the Clerks of the Election having custody of the ballots and envelopes shall deliver to him the first signed of the twenty-five envelopes, and one ballot, and the Inspector shall immediately deliver to the said Clerk of the Election another envelope which the Clerks of the Election shall at once sign as before, and add to the envelopes already signed so that it shall be delivered for voting after all of those theretofore signed.
Section 14. The Clerk of the Peace of each county shall cause to be printed in large type on cards, in English and such other language as he may deem necessary, instructions for the guidance of electors in preparing their ballots. He shall furnish twelve of such cards in each of the languages determined upon by him to each of the Election Inspectors at the same time he delivers to him the ballots and envelopes for his hundred or Election District. Each Inspector shall cause to be posted one of each of said cards in each place or compartment provided for the preparation of ballots, and one of each kind of such cards at or near to the outer end of the enclosure leading to the polling place, and not nearer than thirty feet of the polling place, and not less than three of each of such cards and three samples of each of the ballots in and about the polling place at the opening of the polls on the day of election, which sample ballots shall be printed on different colored paper than the genuine ballots. Said cards shall contain full instructions to the voters as to what must be done:
First, to obtain ballots and envelopes for voting;
Second, to prepare the ballots for voting;
Third, for depositing the ballot in the envelope;
Fourth, to obtain either a new ballot or an envelope or both in place of either or both accidently defaced, mutilated or spoiled, also copies of Sections 30, 31, 32 and 33.
Section 15. One challenger appointed and designated by each political party as hereinbefore provided shall be entitled to stand at the side of the passage and near the entrance to the room. No other person shall remain within thirty feet of said entrance except for the purpose of offering his vote, except as hereinafter provided for, and voters shall approach and enter the passage in the order in which they appear, for the purpose of voting. If any person offering to vote shall be challenged by one of such challengers, or by one of the Election officers, his right shall be at once determined by the proper officers, and if his vote is refused he shall immediately stand aside and give place to the person next in line, and retire without delay from within the thirty foot space around the entrance to the room.
Section 16. When a voter shall have been passed by the challengers, he shall be admitted to the election room; provided, however, there shall not be in the room at any time more than one voter for each booth therein. On entering the room the voter shall announce his name to the Clerks of Election, who shall register it, and one of said Clerks shall deliver to him an envelope and ballot furnished to the Election officers by the Clerk of the Peace. The voter shall then, and without leaving the room, go alone into any of the booths which may be unoccupied and deposit the ballot which he desires to vote in the envelope handed him by the Clerk, and on leaving the booth, or compartment, he shall deliver the envelope containing the ballot to the Inspector or the Judge who may temporarily be authorized to act for the Inspector, who shall forthwith in the presence of the voter and of the other election officers place a rubber band about the said envelope in such a manner as to keep the ballot placed therein from slipping out of the said envelope and shall deposit the said envelope in the ballot box, and the Clerks of the election shall write the word "voted" after the name of the voter on the poll list. The voter shall immediately after voting leave the room, and upon his refusal to do so may be ejected therefrom. But no voter to whom an envelope has been delivered shall be permitted to leave the room without voting or returning the said envelope to the Clerk of the Election. Any voter who shall attempt to leave the room with the envelope in his possession shall be at once arrested on demand of an election officer.
Section 17. It shall be lawful for any voter to secure a ballot at any time from the Chairmen of the various political parties or from any other source whatsoever, and to mark the same at any time and at any place before voting the same, and to carry the ballot which he has marked to the designated polling place in the hundred or election district of which he is a registered and qualified voter and there to vote the said ballot in the manner heretofore prescribed.
Section 18. Not more than one person shall be permitted to occupy any booth at one time, and no person shall remain in, or occupy a booth longer than may be necessary to prepare his ballot and to deposit the same in his envelope, and in no event longer than three minutes. No more than one person for each booth in the room, other than the election officers shall be permitted to enter or be in the election room at any one time except as hereinafter provided and no voter or person offering to vote shall hold any conversation or communicate with any other person than an election officer while in the election room except as hereinafter provided.
Section 19. Any person who shall by accident or mistake spoil or deface or mutilate his ballot or envelope, on returning the spoiled ballot or envelope to the Clerks of the Election and satisfying them that such spoiling, defacing or mutilation was not intentional, shall receive another ballot or envelope or both in place thereof, and such Clerk shall make a minute of the fact on the poll lists at the time, and the mutilated ballot and envelope shall then be destroyed by the elector in the presence of the same the election officers.
Section 20. Any person who shall be physically unable to prepare or fold his ballot or deposit his ballot in his envelope by reason of defective eyesight or the loss of the use of one or both hands, or inability to walk with safety without assistance as manifestly renders him unable to prepare or fold his ballot, or to deposit his ballot in his envelope, or to reach the polling place alone with safety shall be permitted to bring with him into the election room and booth any elector or two electors if the nature of the disability manifestly requires more than one, such as a total disability to walk to the polling district, for the purpose of rendering him the necessary assistance, and no voter shall receive any other assistance in voting than that herein provided for and the office of the so called voter's assistant is hereby expressly abolished.
In case any elector shall feign any of such physical defects, he shall be guilty of a misdemeanor and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned for not more than two years.
Section 21. No Inspector of election or Judge acting for the Inspector shall deposit any envelope upon which the names of the Clerks of the election as hereinbefore provided for, does not appear or any envelope on which appears any distinguishing mark, defacement or mutilation; provided, however, that no mark shall be considered distinguishing, and no envelope shall be considered defaced or mutilated unless it plainly appears that it was the intention of the voter to so mark, deface or mutilate his envelope.
Section 22. The election officers before entering upon the duties of their office shall each take an oath that he will not in any manner attempt to influence, intimidate, persuade, bribe or coerce any voter in the marking of his ballot or in the making of the choice of the person or persons for whom he votes, and that he will not disclose the manner in which any person has voted, and any election officer who shall violate his oath in any of these particulars shall be guilty of willful and deliberate perjury, and upon conviction thereof by indictment he shall in addition to the penalties and disabilities annexed to such crime be fined not more than five hundred dollars and may at the discretion of the Court be imprisoned not exceeding two years.
Section 23. Whenever under any provision of the laws of this State any voter or elector at any election hereinafter to be held in this State is required to indicate on the official ballot the candidate for whom he desires to vote at such election by marking his ballot in such manner as to indicate for whom he casts his vote such voter or elector at any election aforesaid shall indicate his choice of candidates aforesaid by marking his ballot with a black or indelible lead pencil or black crayon in the following manner:
When any elector desires to vote a straight ticket, that is to vote for all of the candidates of a party appearing in the party column on the ballot he shall place a cross mark or "X" within the square at the head of the party column containing the names of such candidates. In the event that any elector does not desire to vote for all of the candidates whose names appear in any one party column he shall place a cross mark or "X" in the square at the left of the name of the candidate for whom he desires to vote, and he may also scratch out the name of the candidate for whom he does not desire to vote, or he may do either.
All ballots cast at any election shall be counted for the persons for whom they were intended so far as such intention can be ascertained therefrom and in determining the intention the following rules shall be observed: First. If the elector shall place on his ballot a cross mark or "X" within the square containing a party designation at the head of the column he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or unless in some other column he shall have placed a mark in the square at the left of the name of some other candidate for the same office.
Second. When the voter shall place a mark against two or more names for the same office he shall be deemed to have voted for none of them and the ballot shall not be counted for either candidate therefor, but shall be counted for such other candidates as it is the evident intention of the voter to vote for.
Third. If any name be written on any ballot the ballot shall be void and not counted.
Fourth. When the elector shall have made a mark in the square at the left of the name of a person in the proper place he shall be deemed to have voted for that person although he shall have omitted to erase or scratch out the name printed in any other column for the same office.
Fifth. A ballot put in without any marks shall not be counted, and a ballot not marked at the top shall be counted only for the persons for whom the marks therein are applicable.
Section 24. In the counting of the votes any ballot contained in an envelope which is not endorsed with the names of the Clerks of the election as provided in this Act, and any ballot which shall bear such a distinguishing mark that it is apparent that such distinguishing mark was placed thereon with the intent of the voter, or any ballot which is contained in any envelope which shall bear any such distinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidate or candidates affected thereby; provided, however, that such ballots and envelopes and all disputed ballots and envelopes shall be preserved by the inspector and at the close of the count, placed with the seals of the envelope packages in the box into which the ballots shall have been put when read.
If any envelope should be found to contain more than one ballot none of the ballots contained in that envelope shall be counted. The election officers shall also record on the tally list memoranda of such ballots and envelopes and the condition of the seal of the envelope packages; and in any contest of election such ballot, envelope and seals may be submitted in evidence. Immediately on closing the polls, the envelopes remaining unused shall be counted and destroyed by the election officers of the several hundreds or election districts by totally consuming by fire and the election officers shall certify the number of envelopes so destroyed by them on the respective tally lists.
In the counting of the ballots each ballot shall be removed from its envelope and counted for the candidates voted for thereon and immediately returned to the envelope from which it is taken and secured therein by a rubber band, and the said envelopes and ballots after the count is made shall be returned to the ballot boxes from which they are taken.
Section 25. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the ballots and envelopes printed and prepared according to the provisions of this Act, or shall neglect or refuse to deliver them in time to the parties properly entitled to receive them, or shall neglect or refuse to do or perform any other duty in and about the preparation and distribution of the ballots and envelopes required to be done and performed by him by the provisions, of this Act, he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars, and he may in the discretion of the Court be imprisoned for not less than one nor more than five years.
Section 26. If any person being an election officer shall reveal to any person how any elector has voted, or what person or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted or envelope used, such person or persons so offending shall be guilty of a misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be imprisoned not less than two and not more than five years.
Section 27. Any person who shall falsely make or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof; or file any certificate of nomination knowing the same or any part thereof to be falsely made; or suppress any certificate of nomination which has been duly filed or any part thereof or forge or falsely make the official endorsement of any ballot or envelope or either of them; or print or cause to be printed any imitation ballot or envelope or circulate the same; or conspire with others to do any of said acts, or induce or attempt to induce any other person to do any of said acts, whether or not said acts or any of them be committed or attempted to be committed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the discretion of the Court not more than five years.
Section 28. If any Clerk of the Peace, Inspector of Election, Clerk of Election or Judge of Election or trusty person shall willfully violate any of the provisions of this Act in the performance of any duty herein imposed upon him for the violation of which no other punishment is herein provided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the Court be imprisoned for a term not exceeding three years.
Section 29. The Sheriff shall make the ballot boxes and the tally lists and all other papers to be delivered to and the several inspectors conform to the requirements of this Act. The inspector or trusty person for his services in receiving and delivering at the place of holding the election as aforesaid the packages containing the ballots and stamps shall receive two dollars.
Section 30. If any person not herein authorized so to do shall enter or attempt to enter the election room, or enter or attempt to enter within the railing leading to the entrance of the election room, or shall remain within thirty feet of the polling place contrary to the provisions hereinbefore made, he shall be guilty of a misdemeanor and on conviction thereof be fined not more than two hundred dollars.
Section 31. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the name of any person or any sign or device of any kind as a distinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors or any electors to so place any distinguishing mark or name on his ballot whether or not said act be committed or attempted to be committed, such persons so offending shall be guilty of a misdemeanor and on conviction be imprisoned for not exceeding two years.
Section 32. If any person shall induce or attempt to induce any election officers to violate any of the provisions of this Act whether or not such election officers shall violate or attempt to violate any of the provisions of this Act, such person so offending shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preceding section to the election officers at the opening of the polls and each member thereof shall thereupon take an oath that he has not violated and will not violate the provisions of said sections.
Section 33. Any person who shall during the election remove or destroy any of the supplies or other conveniences placed in the booths as aforesaid or delivered to the voter for the purpose of enabling the voter to prepare his ballot, or shall during the election remove, tear down or deface the cards printed for the instruction of the voters, or shall, during an election destroy or remove any booth, railing or other convenience provided for such election, or shall induce or attempt to induce any person to commit any of such acts whether or not any such acts are committed or attempted to be committed shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year.
Section 34. All necessary costs and expenses incurred by the inspector and Clerks of the Peace in carrying into effect the provisions of this Act shall be paid as other County expenses are paid, except however the ballots ordered to be printed by the County Chairmen of the various political parties shall be paid for by such political party as shall order the same.
Section 35. At the first General election held after the approval of this Act, it shall be the duty of the Clerks of the Peace of the various counties to mail, as soon as he conveniently can after the last registration day to each voter registered in his county, a sample ballot, with instructions how to mark and vote the same, but the provisions of this section shall apply to only the next preceding election after the approval of this Act.
Section 36. This Act shall apply to all municipal elections held in the City of Wilmington, but it shall not apply to the election for members of the Board of Education in the City of Wilmington.
Section 37. All acts or parts of acts inconsistent with this Act are hereby repealed, provided, however, nothing contained in this Act shall repeal, alter or in any way affect the validity of Chapters 36 and 38, Volume 21, Laws of Delaware, or any of the provisions thereof, or any of the acts amendatory thereof, or any of the provisions of any such amendatory acts.
Approved March 10, A. D. 1913.