CHAPTER 326.
An Act to secure the freedom of Elections in this State.
Whereas the Constitution of this State declares that" elections shall be free and equal," and whereas the freedom of elections and the free enjoyment of the right of suffrage according to the Constitution and laws of the State, are essential to the enjoyment of public liberty; and whereas, evil disposed persons did cause armed soldiers to be brought into this State and to be present at different voting places in the State on the day of the last general election, and a free election was thereby prevented; and whereas, it is proper that a repetition of so grave an offence against the peace and dignity of the State shall be prevented. Therefore,
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That if any person, being a citizen or inhabitant of this State, shall send or cause to be sent, bring or cause to be brought into this State or shall aid, abet, procure, advise, counsel, or in any manner assist in sending or bringing into this State any armed soldier or soldiers to be present at any such voting place, or within five miles thereof on any such election day, every person so offending shall be guilty of felony, upon conviction thereof by indictment, shall forfeit and pay to the State a fine of not less than one thousand dollars and not more than ten thousand dollars, and shall be imprisoned for a term not less than one nor more than five years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
SECTION 2. Be it further enacted as aforesaid, That if any person, being a citizen or inhabitant of this State, shall aid, abet, procure, advise; counsel, or in any manner assist or be guilty of military interference in any manner with the freedom of any election in this State, every person so offending shall be guilty of felony, and upon conviction thereof by indictment, shall the freedom forfeit and pay to the State a fine of not less than one thousand dollars nor more than ten thousand dollars, and shall be imprisoned for a term not less than one nor more than five years, and shall forever thereafter be incapable of exercising the right of suffrage in this State.
SECTION 3. And be it further enacted as aforesaid, That if any inspector, presiding officer, or judge of any election in this State, or any other person shall administer or cause to be administered to any legal voter in this State, any oath or affirmation authorized by the constitution or laws of this State for that purpose, as a pre-requisite or condition of voting at any election in this State, except when such oath or affirmation shall be administered in order to satisfy such inspector, presiding officer or judge, that such vote is a legal vote according to the constitution and laws of this State, such inspector, presiding officer, judge or other person so offending shall be guilty of a misdemeanor, and upon conviction thereof by indictment, shall for every such offence forfeit and pay to the State a fine of not less than five hundred dollars and not more than one thousand dollars, and shall be imprisoned for a term of ten days.
Passed at Dover, March 25, 1863.