CHAPTER 121 - REGISTRATION OF VOTERS PERMANENT REGISTRATION
AN ACT TO AMEND CHAPTER 56 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO "REGISTRATION OF VOTERS", AND PROVIDING FOR A PERMANENT 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 Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 1706. Sec. 1. thereof, and by inserting in lieu thereof the following new Sections:
"1706. Sec. 1. For the objects and purposes hereinafter set forth, the State of Delaware is hereby divided into three separate and distinct Registration Department Districts; the first of which Registration Department Districts shall comprise all of New Castle County, including the City of Wilmington, and shall be styled and known as the First Registration Department District; the second of which Registration Department Districts shall comprise all of Kent County, and shall be styled and known as the Second Registration Department District; and the third of which Registration Department Districts shall comprise all of Sussex County, and shall be styled and known as the Third Registration Department District.
"1706 A. Sec. 1 A. Prior to the month of March, 1942, the Governor shall appoint three persons, residents of New Castle County, Delaware, who shall constitute a Board of Registration for the said First Registration Department District as defined and described in 1706. Sec. 1. of this Chapter; and also, prior to the said month of March, 1942, the Governor shall appoint three persons, residents of Kent County, Delaware, who shall constitute a Board of Registration for the said Second Registration Department District as defined and described in 1706. Sec. 1. of this Chapter; and also, prior to the said month of March, 1942, the Governor shall appoint three persons, residents of Sussex County, Delaware, who shall constitute a Board of Registration for the said Third Registration Department District as defined and described in 1706. Sec. 1. of this Chapter.
"With respect to each of the said three Boards of Registration, appointed as aforesaid, one member shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, and every year thereafter the Governor shall appoint one member of each of the said Boards for a full term of three years. When any vacancy occurs in any of the said Boards, for any cause except expiration of the term, the Governor shall make an appointment for the unexpired term. At no time shall all of the members of any of the said three Boards be of the same political faith and opinion, and the two leading political parties shall at all times be represented by at least one member on each of the said three Boards.
"No person shall be eligible to appointment as a member of any of the said three Boards of Registration who is not a citizen of the United States of America and a resident of the particular Registration Department District for which he is appointed and who has not resided therein for a term of five years next preceding his appointment, and is not otherwise disqualified as an elector under the laws of this State.
"No member or Secretary of any of the said three Boards of Registration shall hold or be a candidate for any elective office during his membership or employment thereof, nor until the expiration of six months after such membership or employment.
The members of the said three Boards of Registration, before entering upon their duties, and within ten days from the time of their appointment, shall take and subscribe to the oath or affirmation prescribed by the Constitution.
"Commencing within ten days after their appointment in the year 1942, and biennially thereafter, the members of each of the said three Boards of Registration shall meet and organize by electing one of their number to be President. Each of the said three Boards shall also elect a Secretary who shall serve during the pleasure of the Board. The term of office of the President, in each case, shall be two years from the date of such organization, and until his successor is duly elected.
"Two members, in the case of each of the said three Boards of Registration, shall be sufficient for organization and shall constitute a quorum in all cases for the transaction of business. The said Boards shall have full power and authority to make and adopt rules for their government not inconsistent with the constitution and laws of this State.
"Each member of the said three Boards of Registration shall receive, as full compensation for his services, a salary of Five Hundred Dollars per annum. The Secretary of each of the said three Boards shall receive such compensation for his services as shall be fixed by the respective Boards, not to exceed the sum of. Twenty-Five Hundred Dollars per annum. The compensation of the members of the said three Boards of Registration and of the said Secretaries shall be paid by the Levy Courts of the respective Counties, in the same manner as other county officers are paid. The expenses of the said Boards shall be paid by the Levy Courts of the respective Counties, on vouchers signed by the President and Secretary of the respective Boards of Registration.
"1706 B. Sec. 1 B. The said Boards of Registration shall each be furnished by the Levy Courts of their respective counties with some suitable and convenient place in their respective counties, properly fitted up with all necessary equipment as a permanent office for the use of the respective Boards of Registration in their respective counties.
"1706 C. Sec. 1 C. If any member of the said Boards of Registration, of whom any duty is required in this Chapter, shall be guilty of any willful neglect of such duty, or of any corrupt or fraudulent conduct or practice in the execution of the same, he shall on conviction thereof, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the County jail for not more than two years, or by a fine of not more than Two Hundred Dollars, or both.
"1706 D. Sec. 1 D. It is hereby made the special duty of the said Boards of Registration to notify the Attorney General of the State of Delaware of all violations under this Chapter.
"1706 E. Sec. 1 E. The said Boards of Registration, in their respective Registration Department Districts as defined and described in 1706. Sec. 1., of this Chapter, shall on or before the first day of June, A. D. 1942, and biennially thereafter, divide such of the election districts, and such only as, by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each of said Election Districts shall be at all times wholly within the boundaries of one Representative District; and unless divided as provided, and for the reasons as stated in this section, the various election districts throughout the entire State shall remain as they were at the general election in the year 1940, and as now provided by law. Each election district shall be designated by an appropriate title that will distinguish it from each and every other election district.
"When the boundaries of any election district shall be changed, a new general registration shall be held in each election district affected by such change of boundary; and the Board of Registration, of the Registration Department District of the County in which such election districts are located, shall at least ten days prior to the first day set for the purpose of registration, give public notice by advertisements posted in ten or more of the most public places in each election district affected by any such change in boundary, that it has become necessary to have a new general registration in such election district, the place where the registration officers shall sit for the registration of voters and the day or days when they shall sit at such place or places. All the provisions relating to the registration of voters in general as provided in this Chapter shall apply as far as pertinent, and the duties of the registration officers shall be the same as those prescribed in relation to other registration days.
"1706 F. Sec. 1 F. The said Boards of Registration, in their respective Registration Department Districts as defined and described in 1706. Sec. 1., of this Chapter, shall hereafter appoint all Registration officers in each of the election districts in their respective Registration Department Districts, and shall make all necessary removals or changes of Registration officers, and shall fill all vacancies which occur from any cause whatsoever.
"1706 G. Sec, 1 G. The said Boards of Registration, in their respective Registration Department Districts as defined and described in 1706. Sec. 1., of this Chapter, shall, in the month of June in each year in which a general election is held, appoint for each Election District, in their respective Registration Department Districts, three capable persons, who shall be voters and residents in the Election District for which they shall be appointed, who shall be the local 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 total 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 said respective Boards of Registration at the time of making the appointments. And further, for each appointment accredited to any political party under this Section, the Executive Committee of such political party in the particular Registration Department District shall furnish the Board of Registration of said Registration Department District, on or before the first day of June of the year in which said appointment is to be made, a list of three names of properly qualified persons, from which list the said Board of Registration shall make its appointments. If the said lists of names are not furnished as aforesaid, then and in that event the said Board of Registration 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 local registration officers shall begin on the first day in July next after their appointment and shall continue for two years thereafter, and until their successors shall be duly chosen and qualified, unless sooner removed as provided in this Chapter, and shall be known as local registration officers, and shall constitute the local Boards of Registration in their respective Election Districts, in contradistinction to the three several Boards of Registration defined and described in 1706 A. Sec. 1 A., of this Chapter.
"1706 H. Sec. 1 H. The Boards of Registration, in their respective Registration Department Districts as defined and described in 1706. Sec. 1., of this Chapter, shall also, when appointing Registration Officers for the several election districts in their respective Registration Department Districts, at the same time, appoint in each election district 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.
"1706 I. Sec. 1 I. The Boards of Registration, in their respective Registration Department Districts as defined and described in 1706. Sec. 1., of this Chapter, shall have power to dismiss any local Registration Officer at any time and supply his place with another person. They may also in each of their respective Registration Department Districts employ a Clerk and such other assistance as, in the judgment of the members of such Boards of Registration, in their respective Registration Department Districts, shall be deemed necessary and proper for the faithful performance by such Boards of the duties by this Chapter imposed; the expense of which shall be paid by the Levy Courts of the respective counties on presentation of vouchers signed by the President and Secretary of the particular Board of Registration in each case.
"1706 J. Sec. 1 J. 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, 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.
"1706 K. Sec. 1 K. 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 said Board of Registration in whose Registration Department District such vacancy shall occur 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 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, before entering upon the duties of his office, shall take and subscribe before the said Board of Registration by which he is appointed 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 discharge the duties of the office of Registrar (Assistant Registrar or Alternate Registrar) for ______ Election District in _________ Representative District in _______ County, according to the best of my ability.
"Any member of or the Secretary of such Board of Registration of the said Registration Department District is authorized and empowered to administer such oath or affirmation; provided that no fee be charged for administering such oaths or affirmations.
"1706 L. Sec. 1 L. Should the said Registrar, Assistant Registrar, or either of them or Alternate Registrar, after taking said oath, and before entering upon the active duties of the 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 Board of Registration of the respective Counties to qualify according to law, each registration officer shall be paid Five Dollars."
Section 2. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of the first paragraph of 1708. Sec. 3. thereof, and by inserting in lieu thereof, a new paragraph, as follows:
"It shall be the duty of the Governor, in the year 1942, and in each year of a general election thereafter, to cause registration books to be prepared, at the expense of the State, for the use of the said Boards of Registration in the respective Registration Department Districts, and for the use of the local Registration Officers in each election district in this State, for Supplementary registrations as hereinafter provided for, for the registration of any and all 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. Number to correspond with the number in the books of registered voters.
2. 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.
3. 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 maturity, if under twenty-one at time of registration or has attained the age of twenty-one years after the first clay 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 clue to physical disability.
4. Nativity.
5. The place of his residence, street and number, if any, and his post office address.
6. The term of his residence in the State, County and Election District in which he shall apply to be registered.
7. If naturalized. Date of naturalization and before what Court.
8. If registered Voter.
9. If disqualified and why.
10. Date of application for registration.
11. If challenged.
12. Cause of Challenge.
13. Appeal.
14. 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 eighteen 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
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 register aforesaid as "registered voters", said books to be ruled in parallel columns and so arranged as to admit of the convenient entry of number and 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 seven parallel columns for entries of the word "Voted". The person making the said entry shall mark the date of such entry at the head of the column.
The said books shall be uniform in their general character, each page shall be so ruled as to admit of the convenient entry of the name of twenty voters 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 eighteen hundred voters."
Section 3. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out all of 1709. Sec. 4. thereof.
Section 4. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1711. Sec. 6. thereof.
Section 5. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 1712. Sec. 7. thereof, and by inserting in lieu thereof a new Section to be styled 1712. Sec. 7., as follows:
"1712. Sec. 7. In those years in which a supplementary registration is had, as provided for in this Chapter, it shall be the duty of the Registrar and two Assistant Registrars appointed in each election district in this State to register the names of all qualified voters in each such election district, whose names do not appear as qualified voters on the books of registered voters, 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 and who shall apply in person for registration, and whose names do not already appear as qualified voters on the books of registered voters, at such public and suitable places in their respective election districts as will, in their judgment, be the 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 second Thursday in August and on the third Saturday next preceding the day of election.
"The Board of Registration of the respective Registration Department Districts in this State, as described in this Chapter, shall at least ten days prior to the first day set for the purpose of registration as aforesaid, give public notice by advertisement, posted in ten or more of the most public places in each election district, in their respective Registration Department Districts, 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."
Section 6. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing 1717. Sec. 12. thereof, and by inserting in lieu thereof a new Section to be styled 1717. Sec. 12, as follows:
"1717. Sec. 12. General Registration in 1940, Permanent; Electors Need Not Register Again, Unless etc.,; Supplementary Registration after 1940; 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 1940, 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 the Registrar in each election district shall, immediately after the last name appearing in each alphabetical group of registered names, write the words "Close of the General Registration of 1940" 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 1942 or 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 1940, 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 1940, 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 1940 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, after the year 1940, or at. the completion of the supplementary 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 a 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 Boards of Registration in their respective Registration Department Districts to examine all the Registration Books immediately after their delivery as aforesaid, 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, in their respective Registration Department Districts, and it shall be the duty of the Governor at least five days prior to the first day in April, in the year of holding the next succeeding general election, to furnish to the said Boards of Registration all Registration Books needed in any election district in their respective Registration Department Districts 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 1940, 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 defaced, so that they are no longer available, then and in such event it shall be the duty of the Board of Registration of the Registration Department District in which any such election district is located to certify such fact to the Governor, who shall, prior to the first clay in April of the year of holding the general election next succeeding, supply the said Board of Registration in which any such election district is located 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 Board of Registration of each Registration Department District to examine all the Registration Books immediately after the delivery to them as in this Chapter provided, and if they shall find that any of the Registration Books of any election district of their District are missing or mutilated or defaced, so that they are no longer available for registration purposes, they shall certify the fact to the Governor; or if any Registration Books shall, after their delivery as aforesaid, be lost or destroyed or become mutilated or defaced, so that they are no longer available for registration purposes, they shall 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, prior to the first clay of April 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 of such election district shall 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 by him 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. The Board of Registration of the Registration Department District in which any such election district is located, 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 such 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 clays 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 or have made 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 all the members of the said Board of Registration of the said Registration Department District, and the affidavit, signed by them, shall be appended to each book in which the transcription has been made as aforesaid. Provided, however, that names struck from the list of registered voters under the provisions of this Chapter shall not be copied into the new "Register" or "Book of Registered Voters."
"Provided, further, that when a "Register" or "Book of Registered Voters" has been transcribed as hereinbefore provided for, the said "Register" or "Book of Registered Voters" shall be compared as to their correctness by a representative of each of the two leading political parties.
"The cost of transcribing and comparing and all necessary expense connected therewith (except registration books furnished by the Governor as in this Chapter provided) shall be paid by the Levy Court of the County wherein the election district is located."
Section 7. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of the first paragraph of 1718. Sec. 13. thereof.
Section 8. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1727. Sec. 22. thereof, and by inserting in lieu thereof a new section to be styled 1727. Sec. 22., as follows:
"1727. Sec. 22. Registrar to Deliver Books to Inspector, When; Certain Books And Papers Retained; Open for Inspection; Copies May Be Made; Delivery of All Books And Papers After General Elections:—It shall be the duty of the Registrar in the respective election districts of 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 provided. 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" and "other papers and documents", aforesaid, in his possession to the Board of Registration of the Registration Department District 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 to the Board of Registration of the Registration Department District in which he resides, the "Register" and two "Books of Registered Voters" delivered to him, the said Inspector, by the Registrar as in this section hereinbefore provided.
"After the delivery to the Board of Registration of the Registration Department District, of the "Registers" and "Books of Registered Voters", of each election district of each Registration Department District as aforesaid, the said Board of Registration, in each case, shall safely keep the same, in its office, and the same shall be open to the inspection of the public at all convenient times, as other public records.
"It shall be the duty of the Board of Registration of each Registration Department District, prior to the Second Thursday in August in the year in which a general election is to be held, to deliver the two "Registers" and the two "Books of Registered Voters" of each election district in its Registration Department District, to the Registrar of said election district; provided, that in any year in which there is a special election, the registration books for the election districts in which the special election is to be held, shall be delivered by the Board of Registration of the Registration Department District in which the said special election is to be held, to the proper Registrars."
Section 9. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by striking out and repealing all of 1729. Sec. 24. thereof, and by inserting in lieu thereof, a new section to be styled 1729. Sec. 24., as follows:
"1729. Sec. 24. 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 Board of Registration of the Registration Department District of his County, as provided for in this Act.
"Each Assistant Registrar shall receive Seven Dollars and Fifty Cents per clay 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 Board of Registration of the Registration Department District of his County, as provided for in this Act.
"It shall be the duty of the Levy Court in each of the Counties in this State, in the month of November, to ascertain the amount of compensation 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 in the General Fund of the State Treasury.
"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 by 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, as 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."
Section 10. That Chapter 56 of the Revised Code of Delaware, 1935, be and the same is hereby further amended, by adding at the end of the said Chapter, a new and additional Section to be styled 1744 A. Sec. 39 A., as follows:
"1744 A. Sec. 39 A. Meetings of Boards of Registration Of Registration Department Districts, When; Registering Qualified Voters; Striking Names From Registration Books:—Beginning with the year 1942, and biennially thereafter, the respective Boards of Registration of the respective Registration Department Districts shall meet, at their respective county offices, at least once each week, during the months of April, May and June, at which meetings the said Boards shall have all the powers and authority of local registration officers in their respective election districts to register qualified voters resident in the respective election districts of their respective Registration Department Districts whose names do not appear as qualified voters on the "Books of Registered Voters" of the proper district, and to strike off names under the same conditions and restrictions, with right to appeal in all cases, as in the case of local registration officers sitting in their respective local election district during a Supplementary Registration as described in this Chapter,—giving like public notice, in all cases, of the days and hours of such meetings as is required to be given in the case of local registration officers, and using the same "Registers" and "Books of Registered Voters" as are used by the local registration officers in their respective election districts in performing the like duties."
Section 11. That from the decision of any of the said three Boards of Registration granting or refusing registration, or striking or refusing to strike a name or names from the registration lists, any person interested, or any member of such Board of Registration 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 Board of Registration of the County from the decision of which 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.
Section 12. That 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 decisions of the respective Boards of Registration of their respective Counties, as provided for in Section 11 of this Act, on the first Tuesday of the month of May, in the year 1942, and in each year thereafter in which a general election is held, at ten o'clock in the morning of said day, on which day he shall hear appeals from such persons, in his County, as shall have appealed from the decision of the said Board of Registration of his County, which shall be presented on said day, and he shall proceed to hear all appeals which 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 of the month of June, in the year 1942, and in each year thereafter in which a general election is held, 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; and shall sit again on the first Tuesday of July, in the year 1942, and in each year thereafter in which a general election is held, 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 such appeals have been heard and decided.
No such appeal shall be received and acted upon by the Resident Associate Judge, unless the appellant shall at the time of presenting his appeal, make and file therewith an affidavit that notice of his intention to present his appeal on the said clay was given to the said Board of Registration of his County and to the person affected by the appeal, as herein provided for, and that such appeal is made in good faith and based upon facts within the knowledge of the person making and filing such affidavit.
Section 13. That it shall be the duty of the Clerk of the Peace of each County in this State, the Department of Elections for New Castle County, the Department of Elections for the City of Wilmington, having in his, its or their possession or in any manner under his, its or their care, custody or control, the registration books known as "Registers" and "Books of Registered Voters", used by the Registration Officers and/or the Election Officers in the respective election districts of the respective Counties of this State or any of them, used at the general registration and/or the general election in the year 1940, and also such of the said books as were used at the additional registration day in the month of April, 1941, in the respective election districts in the City of Wilmington, and at the municipal election in the said City in the said year 1941, or any other officer or officers, person or persons, in any of the Counties of this State, including the City of Wilmington, having in his possession or having the care, custody or control of said Books or any of the said Books as aforesaid, to deliver the same, on or before the tenth day of March, 1942, to the President of the Board of Registration of the Registration Department District of his, its or their respective Counties, or to such person or persons as the said President shall designate, to be safely kept by the said Board of Registration, subject to public inspection at all reasonable times.
Section 14. That any Clerk of the Peace of any County in this State, the Department of Elections for New Castle County, or any member thereof, the Department of Elections for the City of Wilmington, or any member thereof, and/or any officer or officers, person or persons, in any of the Counties of this State, having in his or its or their possession or having the care, custody or control of said Books as mentioned in Section 33 of this Act, or any of the said Books as aforesaid, and refusing or neglecting to deliver them or any of them to the President of the Board of Registration of the Registration Department District of his, its or their County, or to such person or persons as the said President shall designate, as aforesaid, on or before the tenth day of March, 1942, as aforesaid, and within five days after demand in writing made therefor by the said President of the said Department of Registration, as aforesaid, shall be deemed guilty of a misdemeanor and, upon conviction thereof before any Justice of the Peace, shall be punished by a fine of One Hundred Dollars for each and every day of such refusal or neglect to deliver the said books or any of them, and each and every day of such refusal or neglect to deliver the said books or any of them as aforesaid, shall be deemed to be a separate offense under this Act.
Section 15. That all acts or parts of acts inconsistent with the provisions or any of the provisions of this Act, be and the same are hereby changed and modified to conform to the provisions of this Act, or repealed to the extent of, and only to the extent of, any such inconsistency.
Section 16. That on and after the effective date of this Act, the terms and powers of office of the Registration Officers of the respective election districts in the respective Counties in this State who shall then be in office shall be and the same are hereby declared to be terminated and ended.
Section 17. That this Act shall not become effective until the first day of January, 1942.
Approved May 12, 1941.