CHAPTER 106
AN ACT to repeal 1619 Sec. 1 and 1657 Sec. 39 and the intermediate Sections of Chapter 56 of the Revised Code entitled "Registration of Voters" and to substitute in lieu thereof new sections providing for the registration of voters.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That 1619 Sec. 1 and 1657 Sec. 39 and the intermediate sections of Chapter 56 of the Revised Code entitled "Registration of Voters" be and the same are hereby repealed and new sections be substituted in lieu thereof as follows:
1619. Section 1. REGISTRATION OFFICERS OUTSIDE OF WILMINGTON; APPOINTED BY GOVERNOR; NUMBER; QUALIFICATIONS; DESIGNATIONS; TERMS OF OFFICE; DIVISION BE- TWEEN POLITICAL PARTIES; COUNTY EXECUTIVE COMMITTEE TO FURNISH NAMES; WHEN; FAILURE TO FURNISH NAMES; ALTERNATE REGISTRARS OUTSIDE OF WILMINGTON; TERMS OF OFFICE; POWERS AND DUTIES; VACANCIES; OATHS; WHO MAY ADMINISTER; REGISTRARS INELIGIBLE TO OFFICE: The Governor shall, sometime in the month of June in each year in which a general election is held, appoint in each election district in this State, outside of the City of Wilmington, three capable persons, who shall be voters and resident in the election district for which they shall be appointed, who shall be the registration officers of the election district for which they are appointed; one of whom shall be designated as "Registrar" and the other two "Assistant Registrars," and not more than two of them shall be of the same political faith; provided, that the number of registration officers in each Representative District shall be divided as equally as possible between the two leading political parties, as the same shall be determined upon by the Governor at the time of making the appointments. The County Executive Committee of each of the two principal political parties, as determined by the Governor as aforesaid, shall, on or before the first day of June of the year in which said appointments are made, furnish the Governor with a list of five names of properly qualified persons for each election district outside the City of Wilmington, as the nominees of such political party for the registration officers of such election district, and the Governor shall make his appointments from such lists. Provided, however, that if the said lists of names are not furnished as aforesaid, then and in that event, the Governor shall appoint some suitable person or persons of such political party having all the qualifications provided by this Section.
The terms of office of such registration officers shall begin on the first day of July next after their appointment and shall continue for two years thereafter, and until their successor shall be duly chosen and qualified.
It shall be the duty of the Governor, when appointing registration officers for the several election districts of this State, at the same time to appoint in each election district in the State, outside the City of Wilmington, one capable person, who shall be a voter and resident in the election district for which he shall be appointed, to be "Alternate Registrar" for the said election district. The term of office of said "Alternate Registrar" shall be the same as that of the Registrar, and whenever the Registrar provided for by this chapter shall be incapable, from any cause whatsoever, of performing the duties required of him by the laws of this State, the "Alternate Registrar" in the same election district shall act in his stead, and while acting shall possess all the powers and do and perform all the duties of a Registrar. The Alternate Registrar shall be of the same political faith as the Registrar of the Election District for which the appointment is made, and shall be selected from the lists of names furnished by the County Executive Committees, as hereinbefore provided.
But nothing herein contained shall authorize or empower the Alternate Registrar to act at any time when there is a Registrar of the election district able and willing and present to act. If any registration officer or Alternate Registrar shall remove from the election district for which he shall be appointed or shall cease to be a voter therein, his office shall thereupon become vacant.
If any vacancy or vacancies should occur in the office of Registrar, Assistant Registrar or Alternate Registrar before the expiration of such term, from any cause whatsoever, the Governor shall appoint some suitable person or persons to fill such vacancy or vacancies, who shall serve for the residue of such unexpired term or terms, who shall possess the same qualifications and be of the same political faith and be qualified in the same manner, possess the same powers and perform the same duties as the original appointee or appointees. Each Registrar, Assistant Registrar and Alternate Registrar appointed for an election district under the provisions of this chapter, before entering upon the duties of his office, shall take and subscribe before the Clerk of the Peace of the County in which he shall reside, the following oath or affirmation:
"I………… , residing in …………. Election District of …………….Representative District, in ………….County, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully dis- charge the duties of the office of Registrar (or Assistant Registrar or Alternate Registrar) for……………. Election District in………….. Representative District in ……………..County, according to the best of my ability."
The Clerk of the Peace of the County is authorized and empowered to administer such oath or affirmation, but no fee shall be charged therefor.
Should any Registrar, Assistant Registrar or Alternate Registrar, after taking said oath and before entering upon the active duties of said office, become a candidate for any office to be voted for by the electors of the election district for which he is appointed Registrar, Assistant Registrar or Alternate Registrar, the said office shall ipso facto become vacant and be filled by the appointment of another person to the same. After any Registrar, Assistant Registrar or Alternate Registrar shall have entered upon the active duties of his office he shall thereby become ineligible to any office to be voted for at the next ensuing general election.
For appearing before the Clerk of the Peace of the respective Counties to qualify according to law, each registration officer shall be paid Five Dollars.
The several registration officers appointed by the Governor during the year 1924 shall be deemed the registration officers for their respective election districts until the first day of July of the year 1926 and until their successors are duly chosen and qualified; provided, however, that if any of the said registration officers shall remove from or cease to be a voter in the election district for which he was appointed, his office shall be deemed to be vacant, and all vacancies, for any cause what- ever, shall be filled by the Governor as in this section before provided.
1620. Section 2. OATH OF OFFICE; WHEN TAKEN; DUTY TO ACT; REFUSAL TO QUALIFY OR ACT; PENALTY; EXEMPTION FROM JURY AND MILITARY DUTY; PERSONS EXEMPT FROM JURY DUTY NOT REQUIRED TO ACT AS REGISTRATION OFFICERS: Each and every person appointed as aforesaid to act as Registrar, Assistant Registrar or Alternate Registrar, shall qualify as such Registrar, Assistant Registrar or Alternate Registrar by taking or subscribing the oath or affirmation prescribed in the preceding section, within ten days after being notified of his appointment, and shall perform the duties of the office for the term for which he was appointed, unless he shall become disqualified by sickness or otherwise ; but any Registrar, Assistant Registrar or Alternate Registrar who shall be appointed to fill a vacancy shall qualify forthwith.
If any Registrar, Assistant Registrar or Alternate Registrar who, being appointed either for a full term or to fill a vacancy, shall refuse to qualify as aforesaid, or having qualified, shall fail or refuse to perform any of the duties of said office, he shall forfeit and pay to the State a fine of one hundred dollars, upon indictment and conviction in the Court of General Sessions of the County where such offense was committed.
The registration officers aforesaid during the time they hold such office shall be exempt from the performance of military duty, and when in the actual discharge of the duties of their office, from jury duty, and no person who, by the laws of this State is exempt from jury duty, shall be required to serve as registration officer.
1621. Section 3. REGISTRATION BOOKS; PREPARED BY WHOM; AT WHOSE EXPENSE; DESIGNATIONS OF; ENTRIES IN; SIZE; HOW RULED: It shall be the duty of the Governor, in the year 1926, to cause the following books to be prepared, at the expense of the State, for the use of the said registration officers in each election district in this State, including those in the City of Wilmington, for the registration of names and facts following, to wit:
First. Two books for the registration officers in each election district, including those in the City of Wilmington, to be known by the general name of "Registers" and to be so arranged as to admit of the convenient entry of the following particulars:
1. The name of the person applying to be registered the surname to be written first in full, followed by the Christian name in full and the initial or initials of any middle name or names.
2. His age - by the entry "over 21" when the applicant is twenty-one years of age or over at the time of his registration, or by the entry "21 on " giving the day, month and year when the applicant will reach majority, if under twenty-one at time of registration or has attained the age of twenty-one years after the first day of January 1900 or after that date has become a citizen of the United States, and is challenged on the ground that he is unable to read the Constitution of this State in the English language, or to write his name, and that this is not due to physical disability.
3. Nativity.
4. The place of his residence, street and number, if any, and his post office address.
5. The term of his residence in the State, County and Election District in which he shall apply to be registered.
6. If naturalized. Date of naturalization and before what Court.
7. If registered voter.
8. If disqualified and why.
9. Date of application for registration.
10. If challenged.
11. Cause of challenge.
12. Appeal.
13. Remarks, explanatory and supplementary.
Such registers shall be uniform in their general character and shall be made up of such paper and with such binding as to insure durability. They shall be ruled in parallel columns, and shall be of such size as to permit the registration of at least fifteen hundred voters.
The ruling and the heading in the above described registers shall be substantially in the form following, to-wit:
Name
Age
Nativity
Residence
State
County Term of Residence
Election District
Residence
Naturalized-date
Court
Registered Voter
Disqualified and why
Date of application
If challenged
Cause of challenge
Appeal
Remarks
Second. Two books for the registration officers of each election district, to be known by the name of "Books of Registered Voters" for alphabetical lists of all persons whose names are entered on the registers aforesaid as "registered voters," said books to be ruled in parallel columns and so arranged as to admit of the convenient entry of the name of every person entered on the Registers aforesaid as a "Registered Voter," and in the parallel columns opposite the name of such person, his residence and his age, as contained in the Registers.
The said books shall contain at least ten parallel columns for entries of the word "voted" together with the date of voting opposite the name of each registered voter.
The said books shall be uniform in their general character and shall be made up of such paper and with such binding as to insure durability, and shall be of such size as to contain the names of at least fifteen hundred voters.
1622. Section 4. DELIVERY OF BOOKS BY GOVERNOR; WHEN; TO WHOM; BY SHERIFF; WHEN; TO WHOM; BY DEPART- MENT OF ELECTIONS FOR WILMINGTON; WHEN; TO WHOM: The Sheriff of each County shall, sometime previous to the first Saturday in July in the year 1926, deliver to the Registrar of each election district of his County, two of the books known as "Registers" and two of the books known as "Books of Registered voters"; provided, however, that the Sheriff of New Castle County shall not deliver said books for the several election districts in the City of Wilmington to the Registrars of each election district in said city, but the Governor shall, previous to the first Saturday in July of the year 1926, deliver to the Department of Elections for the City of Wilmington two of the books known as "Registers" and "Books of Registered Voters" as aforesaid, and Voters"; and provided, further, however, that the Department of Elections for the City of Wilmington shall, within one week before the first day of registration of voters in the year 1926, deliver to the Registrar of each election district in the City of Wilmington, two of the books known as "Registers" and two of the books known as "Books of Registered Voters"; all of which said books, addressed to the Registrar of each election district of the County, the Governor shall cause to be delivered to the Sheriff in each of the Counties of this State and to the Department of Elections for the City of Wilmington respectively at least five days before the first Saturday of July in the year 1926.
1623. Section 5. ENDORSEMENTS ON BOOKS OF REGIS- TRATION:- Each of the said Registrars, immediately upon receiving said "Registers" and "Books of Registered Voters," shall endorse upon the back and write at the head of each "Register" and "Book of Registered Voters" delivered to him as aforesaid, the name of the County, the name of the Representative District and the name of the Election District of which he is a Registrar and of which such books shall respectively be the "Registers" and "Books of Registered Voters" as aforesaid, and the date when said books were received by him and shall sign such endorsements.
1624. Section 6. GENERAL REGISTRATION OF VOTERS IN 1926; SUPPLEMENTARY REGISTRATION THEREAFTER:- During the year 1926 there shall be a general registration of all the qualified voters resident in each election district of this State, and in every year thereafter in which a general election is held there shall be a registration of all the qualified voters resident in each election district of this State whose names do not appear as qualified voters on the Registers containing the general registration for the year 1926 or any registration subsequent to said year.
1625. Section 7. REGISTRATION OFFICERS; DUTIES; PLACES; HOURS, DAYS AND NOTICE OF SITTING:- It shall be the duty of the Registrar and two Assistant Registrars appointed in each election district in this State in the year 1926, to register the names of all qualified voters in each of such election districts as hereinafter provided in this Chapter. And to that end they shall sit for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector at the general election to be held in the year 1926, and who shall apply in person for registration, at such public and suitable places in their respective election districts as will, in their judgment, be most convenient for the voters thereof, from eight o'clock A. M. until seven o'clock P. M., with an intermission from twelve to one o'clock, on the third Saturday in July, on the first and second Saturdays in August, on the third Saturday in September and on the third Saturday next preceding the day of election in said year.
It shall be the duty of the Registrar and two Assistant Registrars, appointed in each election district in this State, in each year in which there is a general election, after the year 1926, to register, as hereinafter provided, the names of all qualified voters in each of such election districts, whose names do not already appear as qualified voters on the registers containing the general registration for the year 1926, or any registration subsequent to said year ; and to that end they shall, in the year in which a general election is held, sit, for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector at the general election in said year and who shall apply in person for registration, and whose names do not already appear as qualified voters on the Registers containing the general registration for the year 1926 or any registration subsequent to the said year 1926, at such public and suitable places in their respective election districts as will, in their judgment, be most convenient for the voters thereof, from eight o'clock A. M. until seven o'clock P. M., with an intermission from twelve to one o'clock, on the third Saturday in July, on the last Saturday in August and on the third Saturday next preceding the day of the election.
Outside of the City of Wilmington each of said Registrars, at least ten days prior to the first sitting for the purpose of registration as aforesaid, shall give public notice, by advertisement, posted in ten or more of the most public places in his election district, of the places where the Registration officers shall sit for the registration of voters as aforesaid, and the day or days when they will sit at each of said places. In the City of Wilmington the Department of Elections for the City of Wilmington shall, at least ten days prior to the first day set for the purpose of registration as aforesaid, give public notice by advertisements, posted in ten or more of the most public places in each election district, in the City of Wilmington, of the places where the registration officers shall sit for registration of voters as aforesaid, and the day or days when they will sit at each of said places.
1626. Section 8. ADMISSION TO REGISTRATION ROOM; NUMBER OF WITNESSES; PERSONS NOT ADMITTED; EJECTING OF PERSONS:- The registration officers shall admit into the room in which registration is being made, one suitable person, to be selected by and to represent each of the political parties having candidates to be voted for at the coming election, the applicants for registration (one at a time), and such witness or witnesses as the applicant may desire to establish his right to be registered, and such witness or witnesses as the person who challenges the right of any applicant to be registered may name, provided, however, that in no case shall there be more than one witness in the room at the same time, and provided further that no other person or persons shall be admitted into the room during the registration of voters, and they may eject from the room any of such persons behaving in a disorderly manner.
1627. Section 9. REGISTRATION OFFICERS; MEETING; DUTIES; ENTRIES MADE IN BOOKS: The Registrar and the Assistant Registrars in each election district in this State shall, at the times in this chapter designated for registration, meet in their respective election districts at the places which, as provided in this chapter, shall be designated for such meeting, and at such times shall do and perform the following acts, viz:
First. They shall record, in ink, in the Registers in the column headed "name" the name of every person who shall personally appear before them and apply to be registered and whose name does not already appear as a registered voter in the Registers containing the registration for the year 1926 or any registration subsequent to said year, writing first his surname in full, then his Christian name in full and then the initial or initials of his middle name or names. The names of said applicants for registration shall be written on the Registers and Books of Registered Voters in the alphabetical order of their surnames, that is, all applicants whose surnames begin with the letter "A" shall be grouped together, all those whose surnames shall begin with the letter "B" shall be grouped together and so on, as to the first letter of each surname. No name of any letter group shall be written on any page containing a name or names of any other letter group.
Second. They shall examine all such persons applying as aforesaid, as to their qualifications as electors, and shall immediately enter in the Register the statements and facts below set forth, and in the manner following viz:
I. In the column headed "Age" "Over 21" when the applicant is twenty-one years of age or over, at the time of his registration, or "21 on "giving the day, month and year when the applicant will reach majority, if under twenty-one at time of registration or has attained the age of twenty-one years after the first day of January 1900 or after that date has become a citizen of the United States, and is challenged on the ground that he is unable to read the Constitution or this State in the English language, or to write his name, and that this is not due to physical disability.
II. In the column headed "nativity," the State, territory or country in which the applicant was born.
III. Under the column headed "residence" the place of the applicant's residence, street and number if any, or such other clear and definite designation of the place of said residence as shall enable it to be readily determined, and his post office ad- dress.
IV. In the subdivision of the column headed "Term of residence," how long he has resided in the State, how long in the County and how long in the election district in which he applies to be registered.
V. In the column headed "naturalized" the word "yes" or "no" or "native" as the facts shall appear, and if naturalized, the date of naturalization and before what Court.
VI. In the column headed "registered voter" if the registration officers shall be satisfied, upon examination or otherwise, that the applicant for registration is entitled to be registered as a registered voter, they shall write him name in full as written in the first column.
VII. In the column headed "disqualified" if they are satisfied, upon examination or otherwise, that the applicant for registration is disqualified as an elector in the election district in which he shall apply to be registered, a line shall be heavily drawn in ink opposite his name in the column headed "Registered Voter" and the cause of his disqualification shall be briefly stated in the column "disqualified" opposite his name as first recorded, and a line shall be drawn across his name as first entered, but in such manner that said name shall remain legible. Provided that every applicant for registration shall be held and considered to be a qualified voter if he be a citizen of this State of the age of twenty-one years and upwards, or who will be the age of twenty-one years on or before the day of the general election next succeeding his registration, and will have resided in this State one year next before such election, and for the last three months thereof will have been a resident of the County, and for the last thirty days a resident of the election district in which he may offer to vote and in which he shall have been duly registered; provided that no person in the military, naval or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot or insane person, pauper, or person convicted of a crime deemed by law a felony, or person who shall have been rendered incapable of voting by reason of violating Section 7 of Article V of the Constitution of this State for ten years next following his conviction and sentence thereunder and no person who attained the age of twenty-one years after the first day of January 1900, or after that date became a citizen of the United States, and is unable to read the Constitution of this State in English, and write his name, except by reason of physic- al disability, shall be held or constituted a qualified voter.
VIII. In the column headed "Date of Application" the day of the month and year on which application for registration is made.
IX. In the column headed "If challenged," the word "yes" or "no."
X. In the column headed "Cause of challenge" the objections and by whom made.
XI. In the column headed "Appeal" the word "yes" or "no."
XII. In the column headed "Remarks" they may enter such facts or statements as may be deemed pertinent to the qualification or disqualification of the applicant as an elector.
Third. In making the entries hereinbefore specified the registration officers shall in every case make such entries, in ink, in the columns above specified opposite the name of the applicant to whom such entries are intended to apply; if the registration officers shall be in doubt, after the primary examination of the applicant for registration, and upon such evidence as may be immediately obtainable, whether such applicant ought to be registered as a registered voter, they may postpone the determination of the matter to their next sitting or to a later sitting at the request of the applicant.
Fourth. It shall be the duty of the Registration officers of each and every election district in this State, upon the close of each day's registration, to write in the line on the Registers, immediately below the last person registered in each alphabetical group, on said day, the words "end of the day's registration" and immediately under each said entry the said registration officers shall sign their respective names with the proper designation of their office.
1628. Section 10. CHALLENGE FOR BRIBERY; OATH; FORM OF; OATH CONCLUSIVE; FALSE OATH; PERJURY; CONVICTION OF PERJURY NO BAR TO PROSECUTION UNDER SECTION 8, ARTICLE V OF CONSTITUTION; REFUSAL TO TAKE OATH; ENTRY:- If upon the personal application of anyone to be registered, he shall be challenged for having received or accepted, or for having offered to receive or accept, or for having paid, transferred or delivered, or for having offered or promised to pay, transfer or deliver, or for having contributed or offered or promised to contribute to another to be paid or used any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register, it shall be the duty of the Registrar to administer to the person so challenged an oath or affirmation, as follows, viz:
"You do solemnly swear upon the Holy Evangels of Al- mighty God (or "You do solemnly, sincerely and truly declare and affirm") that you have not received or accepted or offered to receive or accept, or paid, transferred or deliver, or contributed or offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register at the registration for this present year, so help you God" (or "so you do solemnly, sincerely and truly declare and affirm").
Such oaths or affirmations shall be conclusive evidence to the Registration officers of the truth of such oath or affirmation; but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under Section 8 of Article V of the Constitution. If any person so challenged as afore- said, shall refuse to make the oath or affirmation above prescribed, then it shall be the duty of the registration officers to cause a line to be heavily drawn in ink opposite his name in the column headed "Registered Voter," and in the column headed "Disqualified" to insert the words "disqualified for refusing to make the oath concerning bribery at registration" opposite his name as first entered, and a line shall be drawn across his name as first entered, in such manner that said name shall remain legible.
1629. Section 11. ENTRIES MADE IN BOOKS OF REGISTERED VOTERS:- When the registration officers of any election district in this State, at any of the sittings hereinbefore provided for, shall enter in the Registers the name of any applicant for registration as a registered voter, they shall immediately there- after enter in ink, in its proper alphabetical place in the "Books of Registered Voters" heretofore provided for, the name of such applicant, and also his residence and age as stated in the Registers.
1630. Section 12. GENERAL REGISTRATION IN 1926; ELEC- TORS NEED REGISTER BUT ONCE UNLESS ETC.; SUPPLEMENTARY REGISTRATION AFTER 1926; NEW SETS OF REGISTRATION BOOKS SUPPLIED, WHEN; NEW GENERAL REGISTRATION; WHEN AND HOW MADE: The registration made under the provisions of this Chapter in the year 1926, in each election district of this State, shall be known as "The General Registration of Qualified Voters in ……………….Election District of ………………..Representative District in …………… County" and when the said general registration in an election district has been completed, revised and corrected as in this Chapter provided, the Registrar shall, immediately after the last name appearing in each alphabetical group of registered names, write the words "Close of the General Registration" and shall date and sign such entry. The two Assistant Registrars shall likewise sign the said entry. No person whose name appears in the said general registration as a registered voter shall be required to register again in any subsequent year unless he shall cease to be a resident of the election district in which he was thus registered, or unless his name shall be stricken from the said general registration as hereinafter provided, or unless a new general registration shall be had in the election district in which he is a resident, as hereafter in this section provided.
The registration made in each year in which there is a general election, after the year 1926, in each election district of this State, shall be known as "The Supplementary Registration of Qualified Voters in…………………. Election District of ………………Representative District in …………….. County for the year " stating the year in which it is made ; and when the supplementary registration in any election district in any year shall have been completed, revised and corrected as in this Chapter provided, the Registrar shall, immediately after the last name appearing in each alphabetical group of registered names, write the words "Close of the Supplementary Registration for the year……….. "filling in the proper year, and shall date and sign such entry. The two Assistant Registrars shall likewise sign the said entry. No person whose name appears in any such supplementary registration as a registered voter shall be required to register again in any subsequent year unless he shall cease to be a resident of the election district in which he was thus registered, or unless he shall cease to possess the qualifications of a voter under the Constitution and laws of this State, or unless his name shall be stricken from the said supplementary registration as hereinafter provided, or unless a new general registration shall be had in the election district in which he is a resident, as hereafter in this Section provided.
The books known as "Registers" and the books known as "Books of Registered Voters," which were used in making the general registration for the year 1926, shall also be used in making the supplementary registrations in succeeding years, until said "Registers" and "Books of Registered Voters" shall become so filled with entries that they can no longer be conveniently used for such purposes.
The first supplementary registration succeeding the general registration of the year 1926 shall start in the Registers immediately after the general registration as follows:
On each page of the Register where the entry of the close of a general registration appears as hereinbefore provided, the Registrar shall write the words "The Supplementary Registration of Qualified Voters in ……………Election District of …………… Representative District in …………..County for the year ", and shall, on the line immediately below such entry, begin with the entries concerning persons applying for registration at such supplementary registration.
Each subsequent supplementary registration shall be headed by the entry "The Supplementary Registration of Qualified Voters in …………..Election District of ……………Representative District in …….. County for the year ………………." Such entry shall be written by the Registrar on each page of the Register where the entry of the close of the preceding supplementary registration appears as hereinbefore provided. Immediately following such entry shall begin the entries concerning applicants for registration at such supplementary registration.
If, at the completion of the registration in any year, it shall appear that the Registers containing the registration in any election district, or the Books of Registered Voters of any District, will not be available for another supplementary registration, either from lack of space or because the Registers have become worn, or for any other reason whatever, it shall be the duty of the registration officers immediately to certify this fact, to the Clerk of the Peace of their County ; and it shall be the duty of the Clerk of the Peace of each County to examine all the Registration Books immediately after their delivery to him is in this Chapter hereafter provided, and to notify the Governor forthwith whether any and what Registration Books will be required for subsequent registration in any election district in this State, and it shall be the duty of the Governor at least five days prior to the first Saturday in July in the year of holding the next succeeding general election to supply all Registration Books needed by any election district for subsequent registration as aforesaid, of the form and design hereinbefore provided, and the books so delivered shall become and be the "Registers" or "Books of Registered Voters" for supplementary registration in said election district, and the "Registers" shall be endorsed upon the back and at the head of each thereof with the words "Supplementary Register of ……………..Election District of ……………Representative District in ……….County" together with the day, month and year when the same were received by the Registrar." The Registers so received shall be known as "Supplementary Registers" and all the provisions of this Chapter relative to Registers shall apply to them. The Books of Registered Voters supplied as aforesaid shall be known as "Supplementary Books of Registered Voters" for the district for which they were furnished and shall be so endorsed, and all the provisions of this Chapter relative to Books of Registered Voters shall apply to them.
If any Register containing the general registration for the year 1926, or any supplementary registration in any election district, or if the Books of Registered Voters of any Election District, shall be lost or destroyed, or become mutilated or de- faced, so that they are no longer available, then and in such event it shall be the duty of the registration officers to certify such fact to the Governor without delay, who shall, prior to the first Saturday in July of the year of holding the general election next succeeding, supply the registration officers in said election district (if such election district be outside of the City of Wilmington, or shall supply the Department of Elections if the said election district be within the City of Wilmington) with the necessary books for a new general registration in such district, of the same form and design as hereinbefore described. And it shall be the duty of the Clerk of the Peace of each County in this State to examine all the Registration Books immediately after the delivery to him as in this Chapter provided, and if he shall find that any of the Registration Books of any election district of his County are missing or mutilated or defaced, so that they are no longer available for registration purposes, he shall forthwith certify the fact to the Governor; or if any Registration Books shall, after their delivery to the Clerk of the Peace, be lost or destroyed or become mutilated or defaced, so that they are no longer available for registration purposes, he shall forthwith certify this fact to the Governor; and the Governor shall supply all Registration Books that may be needed in any election district for any of the causes aforesaid, five days prior to the first Saturday of July in the year of holding the next succeeding general election, to be used for a new general registration in such district, the said books to be of the same form and design as hereinbefore described. The Registrar shall forthwith endorse on the back and at the head of the first page of each of said books the same entry as in the case of the original books, except that he shall prefix the word "duplicate" at the beginning of such endorsement, and he shall add the date on which the said books were received and shall sign each such endorsement. The said books shall be known as the Duplicate Registers or Duplicate Books of Registered Voters for Election District of Representative District of County. It shall be the duty of the registration officers to register in the Duplicate Registers aforesaid the names of all qualified voters in such election district, and to that end to sit for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector in said election district at the general election to be held in such year, and who shall apply in person for registration, at the places and on the days stated in the advertisement hereinafter provided for, from eight o'clock A. M. until seven o'clock P. M., with an intermission from twelve to one o'clock. In making such new general registration the registration officers shall, in the same manner as provided in Section 9 of this Chapter, record in the Registers the names of all persons applying in person for registration, and shall enter opposite each name the statements and facts set forth in the said Section 9, and they shall make up the Books of Registered Voters in the same manner as provided in Section 11 of this chapter. If said election district shall be outside the City of Wilmington the Registrar shall, at least ten days prior to the first clay set for the purpose of registration as aforesaid, give public notice, by advertisements posted in ten or more of the most public places in his election district, that the original Registers are no longer available and that it has become necessary to have another general registration in said election district, and of the places where the registration officers shall sit for the registration of voters as aforesaid and the day or days when they will sit at each of said places. If said election district shall be within the City of Wilmington the Department of Elections for the City of Wilmington shall, at least ten days prior to the first day set for the purpose of registration as aforesaid, give public notice by advertisements posted in ten or more of the most public places in each election district in the City of Wilmington, that the original Registers are no longer available, and that it has become necessary to have another general registration in such election district, and of the places where the registration officers shall sit for registration of voters as aforesaid, and the day or days when they will sit at each of said places. "Provided, however, that no new general registration need be had in any election district because of the loss, destruction, mutilation or defacement of any of the Registration Books if one of the "Registers" and one of the "Books of Registered Voters" of such district be intact, but in such event it shall be the duty of the Registration Officers of said district to make a full and exact transcription from the intact "Register" of all the entries appearing therein, into the new "Register" supplied by the Governor as aforesaid, and to make a full and exact transcription from the intact "Book of Registered Voters" of all the entries appearing therein, into the new "Book of Registered Voters" supplied by the Governor as aforesaid. Such transcription shall be verified by the oath or affirmation of the Registration Officers of the district, and the affidavit, signed by them, shall be appended to each book in which the transcription has been made as aforesaid."
1631. Section 13, STRIKING NAMES FROM THE REGISTRATION BOOKS FOR FAILURE TO VOTE AND FOR BECOMING DISQUALIFIED:- It shall be the duty of the registration officers, in each year of registration, to strike from the Registers and from the Books of Registered Voters in the manner hereinafter stated, the name of every person appearing on said books who has failed or omitted, for any cause whatever, to vote in the election district covered by said Registers at the general election then next preceding, providing that such general election be not prior to the year 1926. The fact of voting or not voting shall, for the purpose of this section, be deemed to be prima facie established by the entry of the word "voted" or the omission of such entry in the appropriate column opposite the name of the registered voter in the Book of Registered Voters, but before any name shall be stricken from the books as aforesaid, the registration officers shall give notice, either in person or by registered mail, directed to him, at his post office address as stated in the registers, to the person whose name is intended to be stricken from the registers, of such intention, and the reason there- of, and that the matter will be passed on by the registration officers at their meeting on a named day. Such notice shall be given or mailed not later than the Wednesday next preceding the sitting of the registration officers aforesaid. If at such sit- ting of the registration officers it shall be established to their satisfaction that the person aforesaid did in fact vote in said election district at the general election aforesaid, then his name shall not be stricken from the books as aforesaid; but if it shall not be so established, then the registration officers shall draw a heavy line, in ink, through the name of such person in the column headed "Registered Voter" and a line shall be drawn through his name as first entered, but in such manner that his name shall remain legible, and in the column headed "Remarks" opposite his name shall be written the words "Stricken off for failure to vote in " giving year of the general election at which said person failed to vote and the date of such entry; and in the Books of Registered Voters a heavy line, in ink, shall be drawn through his name, his residence and his age. Every person whose name has been stricken from the Registers for failure to vote as aforesaid, may become registered anew at any sitting for registration if he possesses all the necessary qualifications for registration, upon personal application for such purpose, as if he had not before been registered. Provided, however, it shall be unlawful to strike any name from the Registration Books on the last day of registration in any year for having failed to vote as aforesaid.
Any person may move to strike from the general registration or any supplementary registration the name of any person who has been illegally registered as a qualified voter, or who since his registration has become disqualified, or for any reason has ceased to be a qualified voter in the Election District in which he is registered, provided, the person making such motion be a qualified voter of the Representative District which includes the Election District wherein the person whose name is to be stricken off, is registered. Such motion may be made to the same Judge who sits to hear appeals from registration officers in the County where the person affected by such motion is registered, without such motion having been previously made to the registration officers, or such motion may first be made before the registration officers of the election district in which the person affected is registered, provided that the person making such motion shall make an affidavit that he believes he has lawful grounds for such motion, and setting them forth. If such motion shall be made to the Judge in the first instance the said Affidavit shall be presented to the said Judge at the time of making such motion; but if such motion shall be made first to the registration officers, then the said affidavit shall be presented to the Registrar. When such motion is made to the Judge in the first instance as aforesaid, it shall be the duty of the person making the motion to notify the Registrar of the election district in which the person affected by such motion is registered, and also to notify the person affected by such motion, stating in said notice the time when said motion will be made to the Judge aforesaid, which time shall be one of the clays hereinafter named for hearing appeals. It shall be the duty of the Judge before whom any such motion is made to hear and inquire into all the grounds of such motion set forth in the affidavit aforesaid. If it shall appear that the person against whom the motion is made was illegally registered, or that since his registration he has become disqualified, or that for any reason he has ceased to be a qualified voter of the district in which he is registered, then and in any of such cases the Judge shall order and direct the Registrar to make the appropriate marks and entries in the Registration Books. It shall be the duty of the Registrar of the Election District in which the person against whom the motion is made, is registered, to appear at the hearing of such motion before the Judge, with the Registration Books, and to make such marks and entries therein as he shall be directed by the said Judge.
When such motion is made first to the registration officers, then it shall be the duty of the person making such motion to notify the person affected of his intention to make such motion at the next sitting of the registration officers of the district in which the person affected is registered, and it shall be the duty of the registration officers at said sitting to examine into the matter, and if upon such examination it shall appear that the person against whom such motion is made was illegally registered, or that since his registration he has become disqualified, or that for any reason he has ceased to be a qualified voter of the district in which he is registered, or that he attained the age of twenty-one after the first day of January, 1900, or after that date became a citizen of the United States, and is unable, at the time of the hearing of the said motion, to read the Constitution of this State in the English language, or to write his name, and that this is not due to physical disability, then and in any of such cases, a heavy line shall be drawn in ink through his name in the column headed "Registered Voter" and a line shall be drawn through his name as first entered, but in such manner that his name shall remain legible, and the cause of his disqualification shall be briefly stated in the column headed "Disqualified" and in the column headed "Remarks" opposite his said name shall be written the words "Adjudged disqualified on revision by the registration officers" and the date when his dis- qualification was ascertained as aforesaid, and in the "Books of Registered Voters" a heavy line in ink shall be drawn through his name, his residence and his age."
Whenever the registration officers shall be satisfied that any person whose name appears on the registration books of their election district as a registered voter, has died since his registration, they shall draw a heavy line in ink through his name in the column headed "Registered Voter" and a line shall be drawn through his name as first entered, but in such manner that his name shall remain legible, and in the column headed "Remarks" opposite his said name shall be written the word "Dead" and the date when such entry was made, and in the "Books of Registered Voters" a heavy line, in ink, shall be drawn through his name, his residence, and his age; but they shall take no action as aforesaid unless or until they are satisfied of the death of such person beyond a reasonable doubt. The said registration officers shall keep hung up in the room in which they sit, a list of the names of all persons they have stricken from the Registration Books on the ground of death, so that such list may be readily seen by anyone entering the room. Immediately that the name of any person is stricken from the Registration Books on the ground of his death, the registration officers shall post his name on the list hung up as aforesaid.
1632. Section 14. REMOVAL FROM DISTRICT AFTER REGISTRATION; TRANSFER OF REGISTRATION TO DISTRICT OF RESIDENCE; WHEN; ENTRIES UPON APPLICATION FOR REMOVAL:- If any person registered as a registered voter, in any election district in this State, shall after he is so registered, remove from the district in which he is so registered, (whether such removal be voluntary or by reason of changes in the boundary lines of election districts) to any other district in the State, he may apply in person to the registration officers of the election district in which he is registered and have his name stricken from the "Registers" and from the "Books of Registered Voters" in which his name shall appear, and may obtain from said registration officers a certified copy of the entries in the Register and Books of Registered Voters relating to him, together with a certificate that his name has been stricken from the Register and Books of Registered Voters, as aforesaid; and it shall be lawful for him, after his name shall be so stricken from said Registers and Books of Registered Voters, to cause himself to be registered in the election district to which he may have removed, upon producing the aforesaid certificate and copy of en- tries in said Registers and Books of Registered Voters; provided that by the next following general election he will have acquired in the election district to which he has removed, and in the County, if the removal has been to another County, the residence required by the Constitution. The registration officers to whom such person may apply to have his name stricken from the Registers and Books of Registered Voters shall draw a line in ink through his name and all the entries opposite his name in said Registers and Books of Registered Voters, and in the column in the Registers headed "Remarks" shall enter "removed from this election district into Election district of Representative District of County" and shall prepare and deliver to him the certified copy of entries and the certificate aforesaid. 1633. Section 15. QUORUM; MAJORITY MAY ACT; NOTICES HOW GIVEN AND WHEN:
At every sitting of said registration officers two shall constitute a quorum and the acts of a majority shall be as valid as the acts of all of them. In all cases where written notice is required by this Chapter to be given to any person, other than a Registrar, such notice shall be deemed sufficient if sent by registered mail, ad- dressed to the person to be notified, at the post office named by him at the time of his application for registration, and deposited in the mail not later than the Wednesday next preceding the sitting of the registration officers at which he may be notified to appear.
1634. Section 16. COMPARISON OF REGISTRATION BOOKS; ENTRY OF NAMES OMITTED; CORRECTION OF BOOKS; CERTIFI- CATE OF REGISTRATION OFFICERS IN BOOKS OF REGISTERED VOTERS; VERIFICATION; COST OF VERIFICATION, HOW PAID; CERTIFICATE TO REGISTERS:- It shall be the duty of the registration officers, immediately after the close of their last sitting, carefully to compare the two Registers, and see that they agree with each other in every particular, and also to compare the alphabetical lists of "Registered Voters" as contained in the "Books of Registered Voters" aforesaid, with the said Registers, and to see that the name of every person entered upon the Registers as a registered voter is entered in its proper alphabetical place on each of the two lists of Registered Voters, with the residence and age as entered on the Registers. If any name in the Registers which ought to have been entered on said alphabetical lists of Registered Voters shall have been omitted therefrom, it shall be the duty of said registration officers to enter such name in its proper alphabetical place, on the proper alphabetical lists, together with the proper entries as they appear on the said Registers.
It shall be the further duty in such comparison of the alphabetical lists with the Registers to make such corrections on 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 also be the duty of the said registration officers, within three days after their last sitting, to append to each of said alphabetical lists of "Registered Voters" contained in said "Books of Registered Voters" a certificate, verified by the oath or affirmation of said registration officers, or at least two of them, that each of said "Books of Registered Voters" contains a complete list of the registered voters of said election district, as the same are entered in the Registers of such election district.
The Levy Court of the County shall pay the fees for ad- ministering the oaths or affirmations required under this Section. The fee for administering each of said oaths or affirmations shall not exceed the sum of twenty-five cents.
The said registration officers shall, within the three days aforesaid, also append to the Registers of their election districts a certificate that each of said Registers is the official Register of such election district, and, so far as within their knowledge, no false or improper entries have been made therein, which certificate shall be made and verified by at least two of said registration officers.
1635. Section 17. ASSISTANT REGISTRARS; DUTY TO MAKE ENTRIES; EXCEPTION; REGISTRAR SHALL RECEIVE AND FILE AFFIDAVITS: It shall be the duty of the Assistant Registrars in this Chapter provided for to make all the proper entries in the "Registers" and "Books of Registered Voters" as the same are required by this Chapter to be made, except such entries as are provided for in Section 19 of this Chapter; and it shall be duty of the Registrar to receive and file all affidavits which may be filed.
1636. Section 18. APPEALS FROM REGISTRATION OFFIC- ERS; DECISION OF JUDGE, FINAL; NOTICE; TIME OF HEARING: From the decision of the registration officers granting or refusing registration, or striking or refusing to strike a name or names from the registration lists, any person interested, or any registration officer may appeal to the Resident Associate Judge of the County, or in case of his disability or absence from the County, to any Judge entitled to sit in the Supreme Court, whose determination shall be final ; and in order to prosecute said appeal it shall be the duty of the person taking the same to notify the Registrar of the election district from the decision of whose officers said appeal is taken, and also the person affected by the appeal, stating in said notice the time when said appeal will be presented to the Resident Associate Judge of his County or such Judge of the Supreme Court as may sit for the purpose of receiving and hearing such appeal, which time shall be one of the days hereinafter named for such Resident Associate Judge or Judge of the Supreme Court to sit for the purpose of receiving and hearing appeals. To take an appeal from a decision of the registration officers it shall not be necessary for the appellant to declare his intention so to do to the registration officers other * by the notice to the Registrar as hereinbefore provided ; and no entry in the Registers under the column headed "Appeal" shall affect the right to appeal."
1637. Section 19. SITTINGS OF JUDGES TO HEAR APPEALS; PLACES; TIMES; HEARINGS; WHAT APPEALS TO BE HEARD, AND WHEN; APPEALS FROM CERTAIN REGISTRATION DECISIONS NOT RECEIVED EXCEPT UPON AFFIDAVIT; AFFIDAVIT OF NOTICE OF APPEALS; NOTICE; HOW GIVEN; ORDER OF JUDGE; DUTIES OF SUPREME COURT JUDGE: It shall be the duty of the Resident Associate Judge of New Castle County to sit in the Court House of New Castle County, and the Resident Associate Judge of Kent County to sit in the Court House of Kent County, and the Resident Associate Judge of Sussex County to sit in the Court House of Sussex County, for the purpose of hearing appeals from the decision of the registration officers in the respective election districts of his County, on the first Tuesday in September in the year in which a general election is held, at ten o'clock in the morning of said day ; on which day he shall receive appeals from such persons as shall have appealed from the decision of the registration officers of the respective election districts in his County, which shall be presented on said day, and he shall proceed to hear all appeals which shall have been filed as aforesaid on said day, and may continue the hearing of any such appeal or appeals from day to day until they have all been disposed of, and shall sit again on the first Tuesday after the fourth Saturday in September for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon, and also such as may be presented and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day until all appeals which shall then have been filed shall have been heard and decided. The said Resident Associate Judge shall again sit for the purpose of hearing appeals as aforesaid on the Tuesday next following the last day of registration as provided for in this Chapter, to receive appeals from such persons as shall have appealed from the decision of the registration officers of the respective election districts in his County as aforesaid, made on the said last day of registration, and any other appeal or appeals which for any cause he may have continued from a preceding sitting, and shall proceed to hear all appeals which shall have been filed as aforesaid, and may continue the hearing of any such appeal or appeals from day to day during the remainder of the week, and shall sit again on the Tuesday next following, for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon the previous week, and also such as may be presented and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day during the remainder of the week, and until the close of the day next preceding the day of the election ; provided that no appeal from the decision of the registration officers shall be received except on the appeal day next following such decision, unless the appellant shall make oath before the said Resident Associate Judge that the delay in presenting his said appeal was not for the purpose of hindering or delaying the said Resident Associate Judge or the officers of registration in his election district in the discharge of the duties imposed upon them respectively under the provisions of this Chapter.
No appeal shall be received and acted upon by the Resident Associate Judge unless the appellant shall, at the time of presenting his appeal, make an affidavit that notice of his intention to present his appeal on this day was given to the Registrar concerned and to the person affected by the appeal, as hereinafter provided. Any person applying to the said Resident Associate Judge to have any name appearing on the Register and Books of Registered Voters in his election district in any manner incorrect, to be corrected, shall give notice as hereinafter provided, to the Registrar of the election district on whose books such name is incorrectly entered, of his intention to make application for the correction thereof, so that the said Registrar shall and may be present with this Register and Books of Registered Voters to make such corrections therein as the said Resident Associate Judge shall order and direct, and shall also give notice of his intention to the person affected, as hereinafter provided.
All notices required to be given by the provisions of this or the preceding section upon any Registrar shall be in writing and shall be given or served personally on or before the third clay prior to the day on which the appeal or application is made to the Resident Associate Judge, or by leaving, in the presence of an adult male person, a written copy of such notice, at the usual place of abode of such Registrar, on or before the third day prior to the day on which the appeal or application is made to the Resident Associate Judge. All notices required by this or the preceding Section to be given to any person other than the Registrar, shall be in writing, and shall be given or served personally upon such other person, or mailed to his last known post office address, on or before the third day prior to the day on which the appeal or application is made to the Resident Associate Judge. No appeal or application under the provisions of this or the preceding Section shall be received by the Resident Associate Judge unless he shall be satisfied, by the oath of the party presenting the same, or otherwise, that notice has been given as required by this Section.
No application for correction or appeal shall be heard upon any day which is set apart by this Chapter as a day for the registration of voters.
The Judge hearing any appeal or application as aforesaid shall order and direct the Registrar to make such entries in his Registers and Books of Registered Voters as the law and the facts shall warrant.
All duties which are imposed upon the Resident Associate Judge of the County by the provisions of this Chapter and especially of this Section, shall be imposed upon and required to be performed by such Judge of the Supreme Court as shall at any time be sitting in any of the Counties of this State for the purpose of hearing appeals under this Chapter, in lieu of the Resident Associate Judge of the County, when the latter shall be unable to sit, either from disability or absence from the County.
1638. Section 20. REGISTRAR, CUSTODIAN OF BOOKS; AT- TENDANCE AT HEARING OF APPEALS, AND FOR CORRECTIONS; TO HAVE BOOKS PRESENT AND MAKE ENTRIES AS ORDERED BY JUDGE:- In order that the Registrar in each and every election district in this State may be enabled to perform the duties especially required of him by this Chapter, he shall retain and keep possession of and be responsible for the "Registers" and "Books of Registered Voters" of his election district from the time of their delivery to him as aforesaid, until he shall deliver them up as hereinafter provided ; but the same shall at all proper times be open to the inspection of anyone desiring to examine the same, without fee or reward, and anyone desiring to do so, may be permitted to make copies or partial copies thereof; and it shall be his duty to attend and be present at all hearings of which he had notice, before the Resident Associate Judge of the County or such Judge of the Supreme Court as may be sit- ting for that purpose, of appeals which shall have been taken from the decision of the registration officers of his election district, and also upon the hearing for the correction of any name or names on his "Registers" or "Books of Registered Voters" improperly omitted or improperly appearing or in any manner in- correct thereon, and to have with him the said "Registers" and "Books of Registered Voters" and to make such entries in said books respectively as said Associate Judge or Judge of the Supreme Court for the purpose of hearing such appeals and making such corrections, may order and direct.
1639. Section 21. ALTERNATE REGISTRARS; POWERS; DUTIES; BOOKS AND APPEAL NOTICES TO BE DELIVERED TO, WHEN:- All the powers and duties conferred or enjoined upon Registrars by any of the provisions of this Chapter, are expressly made the powers and duties of all Alternate Registrars in the absence of the Registrar from his election district, or his dis- ability to perform the duties imposed upon such Registrar by any of the provisions of this Chapter, and in order to enable the Alternate Registrar to perform the duties in this Section imposed upon him, it shall be the duty of the Registrar to deliver or cause to be delivered to the Alternate Registrar, the Registers and Books of Registered Voters in the custody or possession of such Registrar, and all notices which shall have been served upon him, whenever it shall be the duty of the Alternate Registrar to act in the place and stead of such Registrar as provided in this Section.
1640. Section 22. REGISTRAR TO DELIVER BOOKS TO INSPECTOR &C, WHEN; CERTAIN BOOKS AND PAPERS RETAINED; OPEN FOR INSPECTION; COPIES MAY BE MADE; AFTER GENERAL ELECTION, REGISTERS AND BOOKS OF REGISTERED VOTERS DE- LIVERED TO CLERK OF THE PEACE; CLERK OF PEACE TO DE- LIVER REGISTRATION BOOKS TO REGISTRARS; DUTY OF CLERK OF PEACE WITH RESPECT TO REGISTRATION BOOKS DELIVERED TO HIM:- It shall be the duty of the Registrar in the respective election districts a this State, on the morning of the day of the general election and one hour before the opening of the polls for said election, to deliver to the Inspector, or other person authorized to hold said election in his, the said Registrar's election district one of said "Registers" and both of said "Books of Registered Voters" in his possession, certified to as hereinbefore pro- vided. The other of said "Registers" and all other papers or documents relating to the registration of voters, he shall retain in his possession and safely keep, but the same shall at all proper times be open to the inspection of anyone desiring to examine the same, without fee or reward; and anyone desiring to do so may be permitted to make copies or partial copies of any of said lists, books, documents or papers.
Within one week after the following general election he shall deliver the said "Register" in his possession to the Clerk of the Peace of the County in which he resides.
Each Inspector or other officer authorized by law to hold the election, shall, on the day next after the general election, deliver into the office of the Clerk of the Peace of his County the "Register" and the two "Books of Registered Voters" delivered to the said Inspector by the Registrar as in this Section herein- before provided.
After the delivery to the Clerk of the Peace of the "Registers" and "Books of Registered Voters" of each election district of the County, as aforesaid, the said Clerk of the Peace shall safely keep one of said "Registers" and one of said "Books of Registered Voters" of each election district of the County, in his office, which the special election is to be held, shall be delivered by the Clerk of the Peace one week prior to the first sitting of the registration officers for the purpose of registration for such special election, and the Sheriff or the Department of Elections, as the case may be, shall forthwith make delivery of the said registration books to the proper Registrars.
It shall be the duty of the Clerk of the Peace of each County, between the day of the general election in the year 1926 and the first of January 1927, to cause to be printed one hundred copies of the names of all registered voters and of the entries opposite their respective names, as said names and entries appear in the Registers of each election district in his County made up during the year 1926, and he shall sometime prior to the first day of February 1927, deliver one-half of the said printed copies to the County Executive Committee of each of the two principal political parties, and shall, at the same time, certify, under his hand and seal, that the copies so delivered are true and correct copies of the names and entries in the Registers as aforesaid. The cost of such printing shall be paid by the respective Levy Courts."
1641. Section 23. REGISTRARS' POWERS TO PRESERVE ORDER; TO COMPEL ATTENDANCE OF WITNESSES; TO ADMINI- STER OATHS; TO COMMIT OFFENDERS FOR TRIAL; PROCESS TO BE ISSUED TO SHERIFF OR CONSTABLE; SERVICE OF; FEES OF OFFICER ACTING; NO EXTRA COMPENSATION TO REGISTRAR FOR.SERVICES UNDER THIS SECTION:- Each of the Registrars shall, in addition to the other powers conferred upon him by this Chapter, have, during the respective times of the appointed sittings for registration, the powers of a Justice of the Peace to preserve order and enforce obedience to his lawful commands at or around the place of registration ; to keep access to such place open and unobstructed ; to prevent and suppress riots, tumults, violence and disorder at, around or near the place of registration, tending to intimidation, or to the obstruction of the work of registration, and to protect and keep safe the registration books while in his and the Assistant Registrars' custody and possession. He may compel the presence of witnesses be- fore them while sitting with the Assistant Registrars as registration officers, for all purposes connected with the performance of the duties of their office, by summons and attachment, and shall have power to administer oaths or affirmations. He may, while sitting as such officer of registration, commit for trial any person committing at, or around the place of registration, a breach of the peace, or any offense forbidden by this Chapter. He shall have the power to issue any of said summons, attachments or commitments, when sitting in any election district in this State to the Sheriff of his County or to any Con- stable thereof. All such process shall be served by said officers in the same manner as if they were issued by a Justice of the Peace within such County. The Sheriff or Constable in any County of this State, who shall serve any such process, shall receive the same fees and in like manner as it is or may be by law provided that he shall receive fees in other State Cases. But no Registrar shall charge or receive any compensation for any service rendered in accordance with the provisions of this Section in addition to the compensation or salary provided for in this Chapter.
1642. Section 24. COMPENSATION; REGISTRAR; ASSISTANT REGISTRAR; ALTERNATE REGISTRAR; ASCERTAINMENT AND CERTIFICATION; BY WHOM PAID; COST OF PRINTING, POSTING, NOTICES, INK AND STATIONERY PAID BY LEVY COURT; COST OF REGISTRATION BOOKS AFTER 1926 TO BE PAID FOR BY THE STATE:- Each Registrar shall receive Seven Dollars and Fifty Cents per day for each day of actual service, either when sitting for the purpose of registration or in attendance upon the hearing of appeals before the Resident Associate Judge of the County, or such Judge of the Supreme Court as may sit for hearing such appeals, or for delivering his books to the Clerk of the Peace.
Each Assistant Registrar shall receive Seven Dollars and Fifty Cents per day for each day of actual service, when sitting for the purpose of registration.
Each Alternate Registrar shall receive Seven Dollars and Fifty Cents per day for each day of actual service, when sitting in the place of the Registrar for registration, or in attendance upon the hearing of appeals before the Resident Associate Judge of the County or such Judge of the Supreme Court as may sit for hearing such appeals, or for delivering his books to the Clerk of the Peace.
It shall be the duty of the Levy Court in each of the Counties in this State, at its November session, to ascertain the amount of compensation under this Chapter due the Registrars, Alternate Registrars and Assistant Registrars in their respective Counties; and when so ascertained, the President of the said Levy Court shall certify the same to the State Treasurer, who shall thereupon pay to the persons entitled the sums severally due them out of any money appropriated for that purpose.
Provided, however, that it shall be the duty of the Department of Elections for the City of Wilmington during the month of November to ascertain the amount of compensation under this Chapter clue the Registrars, Alternate Registrars and Assistant Registrars in the City of Wilmington ; and when so ascertained the President of the said Department of Elections for the City of Wilmington shall certify the same to the State Treasurer, who shall thereupon pay to the Department of Elections for the City of Wilmington the amount of compensation due the Registrars, Alternate Registrars and Assistant Registrars in the City of Wilmington, so certified as aforesaid, and the said Department of Elections shall thereupon pay to the persons entitled the sums severally due them out of the money so received from the State Treasurer.
The cost of printing and mailing the notices required by this Chapter and the rent of the room or rooms used by the said registration officers in the performance of the duties required in this Chapter, the cost of printing any forms or blanks that may be required, and the cost of the necessary ink and stationery used by them, provided for by this Chapter, shall be paid by the Levy Court of the respective Counties upon proper vouchers.
The cost of registration books supplied by the Governor, shall be paid for by the State.
1643. Section 25. SPIRITUOUS LIQUORS IN REGISTRATION PLACES; MISDEMEANOR; PENALTY: Whoever, during the sitting of the registration officers in any election district in this State, shall bring, take, order or send into, or shall attempt to bring, take, or send into any place of registration, any distilled or spirituous liquors whatever, or shall, at any such time or place, drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished by imprisonment in the County jail for not more than ninety days, or by a fine of not more than one hundred dollars, or both.
1644. Section 26. REGISTRATION BOOKS; FRADULENT ENTRIES, ALTERATIONS, OBLITERATIONS OR OMISSIONS IN; LOSS; DESTRUCTION; MUTILATION; SECRETION; FALSE COPIES OF; MISDEMEANORS AND PENALTIES:- If any Registrar, Alternate Registrar or Assistant Registrar shall fraudulently enter or permit to be entered in any Register or Book of Registered Voters, the name of any person as a registered voter who is not entitled to be entered therein as a registered voter ; or shall fraudulently refuse or omit to register or shall fraudulently misspell in any Register or in any Book of Registered Voters in his charge, the name of any person entitled under the provisions of this Chapter to have his name entered in such Register or Book of Registered Voters; or shall fraudulently strike from any Register or from any of the Books of Registered Voters in his charge the name of any person entered therein ; or shall make any entry or entries in any Register or any Book of Registered Voters, except at the time and in the manner hereinbefore pro- vided; or shall do anything which is by this Chapter forbidden by him to do, or shall omit to do anything which is by this Chapter required to be done by him; or if any Registrar, Alternate Registrar or Assistant Registrar, Inspector or Judge of Election shall lose any Register or Book of Registered Voters which may be in his charge or custody, or if any such officers shall wilfully destroy, mutilate, deface, falsify or fraudulently remove or secrete any Register or Book of Registered Voters; or shall knowingly make any false entry in or false copy of any Register or Book of Registered Voters, or any part thereof; or fraudulently make any entry, erasure or alteration in any Register or Book of Registered Voters, he shall be deemed to have knowingly and wilfully violated his official duty and shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined or imprisoned or both fined and imprisoned in the discretion of the Court. If any person other than the officials aforesaid shall make, after or obliterate any entry in any Register or Book of Registered Voters, or shall wilfully destroy, mutilate, deface, falsify or remove or secrete any Register or Book of Registered Voters, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined or imprisoned or both fined and imprisoned in the discretion of the Court.
1645. Section 27. WRONGFUL REGISTRATION; ASSAULT; RIOT; BREACH OF THE PEACE; MISDEMEANORS; PENALTIES:- If any person shall cause or attempt to cause himself to be registered in the name of any other person living or dead, or under any fictitious name, or shall cause or attempt to cause himself to be registered in any election district in this State, knowing that he has not the right to be registered; or if any person, knowing himself to be registered in any election district in this State shall cause or attempt to cause himself to be registered in any other election district in this State without having first caused his name to be stricken from the Registers and Books of Registered Voters in which he may have been previously entered; or if any person, knowing himself to be disqualified as a voter at the next following general election shall cause or attempt to cause himself to be entered on the Registers in any election district in this State as a registered voter therein, or shall unlawfully interfere with any Registrar, Alternate Registrar or Assistant Registrar, in the discharge of his duties under this Chapter; or if any person shall make any assault or commit any assault and battery, or incite or create any riot or breach of the peace at or near to any place of registration in this State, during the sitting of any registration officers, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceeding five thousand dollars, or be imprisoned not exceeding three years, or may be both fined and imprisoned at the discretion of the Court.
1646. Section 28. SPECIAL ELECTIONS; REGISTRATION FOR; ENTRIES HOW AND WHEN MADE; CUSTODY, SAFE KEEPING AND DELIVERY OF BOOKS:- In any case of a special election held in this State, other than a special election to fill a vacancy occurring or existing in either House of the General Assembly while it is in session or within twenty days prior to the convening of said General Assembly in regular or special session, it shall be the duty of the registration officers of the respective election districts in this State, hereinbefore provided for, to sit on the third and fourth Saturdays immediately pre- ceding the day of such special election, from eight o'clock A. M. until seven P. M., with an intermission from twelve to one, at the place where the following special election will be held, or at some convenient and suitable place in the town or village in which such election will be held, and at such sittings to add to the Registers and Books of Registered Voters aforesaid of their respective election districts the names of all qualified voters of said district whose names do not already appear as registered voters on the Registers containing the general registration for the year 1926 or any supplementary registration subsequent to said year, and who shall apply in person for registration.
It shall be the duty of such registration officers, in adding any new names, to make the same entries in the Registers and Books of Registered Voters aforesaid, as they are hereinbefore required to make when sitting as registration officers before any general election.
The provisions of this Chapter relative to the custody, safe keeping and delivery of the registration books shall be deemed to apply to the case of special elections as aforesaid, as well as to general elections.
1647. Section 29. DOMICILE OF PERSONS IN ARMY OR NAVY NOT LOST:- Every person enlisted or engaged in any military or naval organization of this State or the United States and who prior to enlistment was a resident of any election district of this State, shall not lose his domicile in such election district by reason of such enlistment.
1648. Section 30. REGISTRATION OF CITIZENS IN MILITARY OR NAVAL SERVICE:- Every citizen of this State of the age of twenty-one years and upwards, and who is or shall hereafter be enlisted or engaged in any military or naval organization of this State or the United States shall be entitled to have his name registered as a voter in the election district in which he resided prior to his enlistment, to the same extent as if he had remained continuously present in such election district during the period of his enlistment.
1649. Section 31. AUXILIARY REGISTRARS; APPOINTMENT; QUALIFYING; DUTIES:- The Governor of this State shall designate and appoint at the same time of appointing other registration officers of this State, as many qualified citizens of the State as Auxiliary Registrars of voters as he may deem necessary for the purposes herein prescribed, who shall qualify as other Registrars are required to do, and whose duty it shall be to visit, sometime before the last Saturday in September in any year in which a general election is held, all Military or Naval Encampments in this State or the United States, or in whatever part of the world they may be located, wherein citizens of this State shall be .enlisted or engaged in the discharge of military duty, for the purpose of registering, as hereinafter provided for such citizens as voters of the election district in which they are entitled to be registered, as designated in Section 30 of this Chapter, Provided that in the appointment of said Auxiliary Registrars by the Governor, the same number shall be appoint- ed from each of the two principal political parties of the State, and in performing the duties herein prescribed, they shall work and travel in Boards of two, one from each of the said political parties.
1650. Section 32. NOTICE OF TIME OF VISITING CAMPS The Auxiliary Registrars herein provided for shall notify the encampment or encampments of the time they will visit them for the purpose of registering voters, and they shall sit for registering during such hours of the day as shall be arranged to suit the convenience of such military organization. 1651. Section 33. RECORD OF APPLICANTS; HOW KEPT: The Auxiliary Registrars shall make and keep a complete list of the names of all those applying to them to be registered, together with the qualifications as to age, nativity, residence, etc., in the same manner and detail as is required to be done on the books of registration kept by the Registrars sitting in the various election districts of this State.
1652. Section 34. SEPARATE LISTS FOR EACH ELECTION DISTRICT: The Auxiliary Registrars shall make and certify, under oath, two separate and distinct lists for each election district of this State, of all those applying to them to be registered in such election district, together with the qualifications as to age, nativity, residence, etc."
1653. Section 35. RETURN OF AUXILIARY REGISTRARS: Immediately upon the completion of the said lists of registration the Auxiliary Registrars shall forward, by registered mail, or personally deliver, to the Registrar of each election district affected the two lists made and certified as provided in 1652, Section 34 of this Chapter, of all persons who applied to be registered as voters in such election district, so that said lists shall be received by the registration officers of such district prior to the third Saturday next preceding the day of the next general election."
1654. Section 36. REGISTRARS TO READ OUT NAMES AP- PEARING ON LISTS OF AUXILIARY REGISTRARS; CHALLENGER; ENTRIES ON LISTS; WHEN CHALLENGE SUSTAINED; APPEALS; CUSTODY AND DELIVERY OF LISTS; TO WHOM AND WHEN: The Registrars of and for the respective election districts of this State, who shall receive any such lists from any Auxiliary Registrars as herein provided for, shall open such lists during the first hour of the next succeeding meeting of the officers of registration. Then and there the Registrar shall, in a clear and distinct voice, audible to those in the room, read the name of each person so returned by the Auxiliary Registrars for registration. Any member of the Board of Registration or any qualified voter of the election district may challenge the right to be registered of any person whose name appears on said lists, and the question shall be determined by the registration officers. If their determination shall be against the right of any person to be registered whose name appears on said lists, they shall make the same marks and entries on each of said lists as they would make on the Registers after a decision to strike off a name appearing thereon. From the action of the registration officers in striking or refusing to strike any name from said lists, any registration officer or any qualified voter in the election district may appeal for or against the person affected. The provisions of this Chapter relative to appeals shall apply to those taken under this Section except notice to the person affected may not be required by the Judge hearing the appeal, and the appeal for or against any citizen absent in the Military or Naval Service may be prosecuted as effectually as if such absentee were present in person. The lists as corrected and revised by the registration officers and by the Judge on appeal shall be deemed and taken to be the registration lists for the general election then next succeeding, of all persons whose names appear thereon as registered voters, but they shall not avail for registration for any subsequent year. Each of said lists, as revised and corrected as aforesaid, shall be signed by the registration officers and dated as of the time of such signing. One of said lists, so signed as aforesaid, shall be delivered forthwith by the Registrar to the Clerk of the Peace of the County. The other of said lists the said Registrar shall safely keep in his custody, but subject to the inspection of the voters of his election district, until after the day of the next succeeding general election, and he shall deliver the same, within one week after such day, to the Clerk of the Peace of the County. The said lists so delivered to the Clerk of the Peace shall be kept by him in his office and be deemed to be public records.
1655. Section 37. COMPENSATION OF AUXILIARY REGISTRARS; HOW PAID: The Auxiliary Registration officers pro- vided for by this Chapter shall receive such compensation per day as is allowed to Registrars sitting in the various districts of this State, and they shall be allowed and paid by the State Treasurer such an amount for travelling expenses as shall be approved by the State Auditor upon vouchers presented him.
1656. Section 38. ADDITIONAL REGISTRATION DAY FOR ELECTION DISTRICTS IN THE CITY OF WILMINGTON; GENERAL PROVISIONS CONCERNING REGISTRATION ON SUCH DAY:- In addition to the registration days in this Chapter hereinbefore provided for, there shall be, for each election district in the City of Wilmington, one registration day in each year in which a municipal election is held in said City, after the year 1925, which registration day shall be the Saturday of April next before the day set for holding the election for municipal officers in the said City. It shall be the duty of the Department of Elections to advertise the day of such registration and the places at which the registration officers are to sit, as hereinbefore provided with respect to other registration days. It shall be the duty of the registration officers in each election district in the City of Wilmington to sit, in accordance with the said advertisement, for the purpose of registering qualified voters in such election district whose names do not appear as registered voters in the general registration for the year 1926 or any supplementary registration thereafter. The duties of the registration officers on the said additional registration day shall be the same as those prescribed in relation to the other registration days in this Chapter. All the provisions of this Chapter relating to registration in general shall apply, so far as pertinent, to the said additional registration day. It shall be the duty of the Clerk of the Peace of New Castle County to deliver to the Department of Elections, in the year in which a municipal election is held in the City of Wilmington, the two "Registers" and two "Books of Registered Voters" for each election district in the City of Wilmington, containing the general registration and any supplementary registration for said district, within two days after a demand for such books shall be made by the said Department of Elections, which demand shall be made within ten days prior to said additional registration day in the year in which a municipal election is held in the City of Wilmington. All the provisions of this Chapter with relation to the care and custody of Registration Books as to entries therein, as to the delivery and re-delivery thereof and as to all matters generally, shall apply to the case of the Registration Books so delivered by the Clerk of the Peace to the Department of Elections aforesaid, in the year in which a municipal election is held in the City of Wilmington. It shall be the duty of the Resident Associate Judge of New Castle County, or in case of his disability or absence from the County, it shall be the duty of any judge entitled to sit in the Supreme Court, to sit in the County Court House for New Castle County, on the Wednesday next following the said additional registration day, at ten o'clock in the morning on said day, on which day he shall receive all appeals, applications and motions as in this Chapter hereinbefore provided with respect to registration and registration days in the year in which a general election is held, and shall hear and determine the same, and may adjourn from day to day until the same have been dis- posed of. His decisions shall be final. All the provisions of this Chapter with respect to appeals, applications and motions to the Resident Associate Judge of the County, concerning registration or registration books, in the year in which a general election is held, and all of the provisions of said Chapter with respect to notices in the case of motions, applications and appeals to such Judge, shall be deemed to apply to motions, applications and appeals made under this Section. All the provisions of this Chapter with respect to the duties and powers of registration officers or other officials, and with respect to penalties, prohibitions and other matters connected with registration in the year in which a general election is held, shall apply to the registration made on the registration day in the year in which a municipal election is held in the City of Wilmington.
The registration made on said day, as revised and corrected by the Judge as aforesaid, shall constitute and be a part of the permanent registration for general election purposes, and no person whose name appears as a registered voter on the Registration Books as made up on said additional registration day and as revised and corrected as aforesaid, shall be required to register again for any subsequent municipal election in the City of Wilmington, nor for any general election in his election district, unless he shall cease to be a resident of the election district in which he was thus registered, or unless his name shall be stricken from the said general registration as hereinbefore provided, or unless a new general registration shall be had in the election district in which he is a resident, as hereinbefore provided. Approved April 28, A. D. 1925.
* So enrolled.