CHAPTER 108

PRIMARY ELECTIONS AN ACT to amend Chapter 58 of the Revised Code entitled "Primary Elections."

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

Section 1. That 1686. Sec. 9. Chapter 58 of the Revised Code be and the same is hereby amended by striking out all of said Section after "1686. Sec. 9."

Section 2. That Chapter 58 of the Revised Code be and the same is hereby amended by striking out 1687. Sec. 10. and substituting in lieu thereof a new section as follows:

1687. Sec. 10. VOTING BOOKS OF QUALIFIED VOTERS FOR PRIMARY ELECTIONS; HOW PREPARED; TO WHOM FURNISHED; ENTRIES IN; TO BE CERTIFIED; DELIVERY OF: In each year in which a general election is held, beginning with the year 1926, the registration officers of each election district of the several Counties outside of the City of Wilmington shall be furnished by the Sheriff of the County, and the registration officers of each election district within the City of Wilmington shall be furnished by the Department of Elections of said City, with two books, to be known as Voting Books of Qualified Voters for Primary Elections, before the first day of any registration of voters in such election district. Said books shall be ruled in parallel columns and so arranged as to admit of the convenient entry, in alphabetical order, of the name of every person who may be entered on the Registers of said election district as a registered voter, and in the parallel column opposite the name of said per- son the following particulars, to wit:

First: His residence.

Second: The date of registration.

Said Books shall contain six parallel columns for the entry of the word "Voted" together with the date of voting.

It shall be the duty of the registration officers of each election district to make up the Voting Books of Qualified Voters for Primary Elections as follows:

They shall enter in the said books, in its proper alphabetical order, the name of every person whose name appears as a registered voter in the Registers of said election district, and also his residence and date of registration, so that the said Voting Books of Qualified Voters for Primary Elections shall contain the names of all the qualified voters of said election district who were registered during the general registration of the year 1926 and any supplementary registration up to and including the last registration day in the month of August of the year in which said books are made up. They shall, within three days after the last registration day in the month of August aforesaid, complete the making up of said books and shall compare the same with the Registers, and append to each of said books a certificate, verified by oath or affirmation, that they contain an accurate alphabetical list of the names of all persons whose names appear as registered voters in the Registers of said election district.

It shall be the duty of the Registrar of each election district outside of the City of Wilmington, within one secular day after the certification by the registration officers, as herein required, to deliver to the Sheriff the two Voting Books of Qualified Voters for Primary Elections, who shall safely keep the same, and it shall be the duty of the Registrar of each election district in the City of Wilmington to deliver, immediately after the certification aforesaid, the two Voting Books of Qualified Voters for Primary Elections for his district to the Department of Elections of the City of Wilmington, which shall safely keep the same.

The two Assistant Registrars shall be paid Seven Dollars and Fifty Cents each for their services in connection with the said Voting Books of Qualified Voters for Primary Elections, and the Registrar shall be paid Twelve Dollars and Fifty Cents for his services in connection with and for the delivery of said books, said compensation to be paid by the State.

Section 3. That 1688. Sec. 11, Chapter 58 of the Revised Code be and the same is hereby amended by striking out all of said Section after "1688. Sec. 11."

Section 4. That Chapter 58 of the Revised Code be and the same is hereby amended by striking out all of 1692. Sec. 15. and substituting in lieu thereof a new section as follows:

1692. Sec. 15. TIME FOR HOLDING PRIMARY ELECTIONS; REVISION OF REGISTRATION IN WILMINGTON; DATE OF; DE- LIVERY OF CERTAIN ELECTION BOOKS BY CLERK OF THE PEACE TO ELECTION DEPARTMENT FOR MUNICIPAL PRIMARY ELEC- TIONS; DUTY OF ELECTION DEPARTMENT IN RELATION TO SAID BOOKS; WHO MAY VOTE AT; TIME FOR OPENING AND CLOSING POLLS:- The time for holding any primary election, except primary elections to nominate candidates for municipal elections, shall be after the last registration day in the month of August in the year in which such primary election is held, and the time for holding primary elections in the City of Wilmington to nominate candidates to be voted for at a municipal election shall be in the month of May.

The members of the Department of Elections for the City of Wilmington shall demand of the Clerk of the Peace of New Castle County, within ten days prior to the registration day of any year in which a municipal election is held in the City of Wilmington, after the year 1926, and it shall be the duty of the said Clerk of the Peace to deliver to the said Department of Elections for the City of Wilmington, within two days after said demand, the two "Registers" and the two "Books of Registered Voters" for each election district in the City of Wilmington, to be used for registration purposes in accordance with the provisions of 1656. Section 38. of Chapter 56, as amended, of the Revised Code, and all persons, and only they, whose names appear on the said Registration Books, after the same have been added to, revised and corrected, as provided in 1656. Section 38, of Chapter 56, as amended, of the Revised Code, shall be entitled to vote at a primary election to nominate candidates to be voted for at the subsequent municipal election in the City of Wilmington.

The time for opening the polls for the purpose of conducting a primary election under the provisions of this Chapter shall be one o'clock in the afternoon, and the time for closing the polls at such primary election shall be seven o'clock in the evening.

Section 5. That Chapter 58 of the Revised Code be and the same is hereby amended by striking out 1693. Sec. 16 and substituting in lieu thereof a new section as follows: 1693. Sec. 16. NOTICE OF PRIMARY ELECTION; BY WHOM; TO WHOM; WHEN GIVEN; DELIVERY OF VOTING BOOKS; DUTY OF INSPECTOR; REFUSAL OR NEGLECT; MISDEMEANOR; PENAL- TY:- Whenever a political party, organization or association desires to hold a primary election for the purpose mentioned in Section 2 of this Chapter, the chairman or Secretary of the regularly organized and constituted county or city committee or governing authority of such political party, organization or association, shall notify by letter, the respective parties having the custody of the Voting Books of Qualified Voters for Primary Elections in this Chapter provided, of their intention of holding a primary election, stating the day on which they desire the election held, which notification shall be at least two weeks prior to the time for holding such primary election. If no previous notice shall have been received by the said parties from any other political party of its intention to hold a primary election on that day, the said party shall, on or before twelve o'clock of the day for holding such primary election for that political party, organization or association, deliver to each Inspector of such primary election, the two Voting Books of Qualified Voters for Primary Elections provided for in this Chapter, for each general election district that may be contained in the primary election district to which such Voting Books of Qualified Voters for Primary Elections shall apply. It shall be the duty of the said Inspector to have the same at the place of holding the primary election at the time of opening the polls on primary election day. If any Inspector shall refuse, neglect or fail to have the said Voting Books of Qualified Voters for Primary Elections at the place of holding the primary elections for any general or special election or any municipal election in the City of Wilmington, at the time designated in this Chapter, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall be punished for each such offense by imprisonment in the county jail for a period not exceeding ninety days, or by a fine not exceeding one hundred dollars, or both.

Section 6. That Chapter 58 of the Revised Code be and the same is hereby amended by striking out 1694. Sec. 17. and substituting in lieu thereof a new section as follows:

1694. Sec. 17. ELECTORS; QUALIFICATIONS; VOTES RE- CEIVED, HOW; MAY VOTE AT BUT ONE PRIMARY ELECTION; RE- TURN OF BOOKS BY INSPECTORS; BY DEPARTMENT OF ELECTIONS; NEGLECT; MISDEMEANOR; PENALTY:- The qualification of electors under this Chapter shall be such as the political party, organization or association authorizing such election may prescribe and publish, and in default of any prescribed or published rule, the past usages of such political party or organization shall be recognized and adopted, and ignorance of such past usages shall be no defense against any of the penalties of this Chapter. As each person shall apply to vote at any primary election, the officers thereof shall examine the Voting Books of Qualified Voters for Primary Elections provided by this Chapter, and if they find thereon the name of the person applying to vote and be satisfied that he is the person whose name is so registered, they shall enter the word "voted" after his name and such voter shall not be permitted to vote at any succeeding primary election held for that particular election, by any other political party, organization or association. The entry of the word "voted" as aforesaid shall be in such a manner as to indicate at what primary election the voter has voted. No person whose name is not contained in the Voting Book of Qualified Voters for Primary Elections shall be allowed to vote or participate in any primary election. It shall be the duty of the Inspector, within two days after the day of the primary election, to re- turn the said Voting Books of Qualified Voters for Primary Elections used by him at any primary election, to the Sheriff or Department of Elections of the City of Wilmington, from whom he received the same, who shall preserve them, and within forty days after they have been so returned, the said Sheriff and the Department of Elections shall deliver the said Books to the Clerk of the Peace of the County. If any Inspector shall neglect, refuse or fail to return said Voting Books as directed in this Section, the said Inspector so neglecting, failing or refusing shall, upon conviction therefor, be adjudged guilty of a misdemeanor and shall for every such offense be punished by fine or by imprisonment, or both, in the discretion of the Court.

Section 7. That Chapter 58 of the Revised Code be and the same is hereby amended by striking out 1698. Sec. 21 and substituting in lieu thereof a new section as follows:

1698. Sec. 21. FAILURE OF DEPARTMENT OF ELECTIONS, OR SHERIFF, OR CLERK OF THE PEACE, TO DELIVER PRIMARY ELECTION BOOKS; MISDEMEANOR; PENALTY:- If the Sheriff of any County or the members of the Department of Elections for the City of Wilmington shall wilfully neglect, refuse or fail to deliver to each Inspector of Primary Elections the Voting Books of Qualified Voters for Primary Elections in his or their custody, for each general election district that may be contained in the primary election district for which he is appointed, or the Clerk of the Peace of New Castle County shall unlawfully neglect, refuse or fail to deliver to the Department of Elections for the City of Wilmington the Voting Books of Qualified Voters for Primary Elections, then in that case the said Sheriff or any member of said Department of Elections or the said Clerk of the Peace so neglecting, failing or refusing shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall, for every such offense, be punished by imprisonment for a period not exceeding one year, or by a fine of not more than two hundred dollars, or both, and such conviction shall of itself work a forfeiture of his office.

Section 8. This Act shall not become operative until the first day of January, 1926.

Approved May 1, A. D. 1925.