Delaware General Assembly

CHAPTER 480

FORMERLY

SENATE BILL NO. 326

AN ACT TO AMEND CHAPTERS 1, 13, 31, 41, 43, 45, 49, 55, 57, 71, 73, AND 77 OF TITLE 15, DELAWARE CODE RELATING TO ELECTION LAWS OF THE STATE OF DELAWARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §101 (7), Chapter 1, Title 15, Delaware Code by striking the number "2" as the same appears immediately before the word "clerks" in said subsection (7).

Section 2. Amend §113, Chapter 1, Title 15, Delaware Code by striking the second sentence in its entirety as the same appears in said section.

Section 3. Amend §1306 (e), Title 15, Delaware Code, by striking said subsection in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) Whenever the Department has designated for voter registration facilities owned or leased by agencies or subdivisions of this State, it shall be the duty of the officials of such agencies or subdivisions to make these facilities available and to provide a suitable location, heat, lighting, and other services necessary for the conduct of registration, so long as such use is not incompatible with the primary function of the agency or subdivision."

Section 4. Amend §124, Title 15, Delaware Code, by adding a new subsection (c) to said section to read as follows:

"(c) The Department shall also provide and cause to be posted in each primary election district two sheets of instruction to voters and two sample ballots, as prescribed in §4910 (a) and (b) of this Title."

Section 5. Amend 0125, Title 15, Delaware Code, by striking the words "preferably staffed" as the same appear in paragraph (2) of said section.

Section 6. Amend 0126, Title 15, Delaware Code, by striking the words "the manner of voting shall be the same as set forth in Chapter 50 of this Title" as they appear in said section and inserting in lieu thereof the following words:

"the manner of voting shall be the same as that set forth in Chapter 49 of this Title".

Section 8. Amend §4107, Title 15, Delaware Code, by designating said section as subsection (c) of §4911 of this Title.

Section 9. Amend §4309, Title 15, Delaware Code, by striking said section in its entirety.

Section 10. Amend §4502 (a), Title 15, Delaware Code, by striking the first sentence of said subsection, starting with the words "For each general election" and ending with the words "in parallel columns." and inserting in lieu thereof the following sentence:

"For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of his choice, as prescribed in §5005 (b) of this Title."

Section 11. Amend §4502 (c), Title 15, Delaware Code, by striking the diagram of the ballot as it appears in said subsection immediately after the words "conform as nearly as possible to such design" and inserting in lieu thereof the following diagram:

OFFICIAL BALLOT

Representative District Number

Presidential, Vice-Presidential, State,

County and District Ballot

Section 12. Amend §4505, Title 15, Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §4505 to read as follows:

§4505. Substitution of candidate's name after printing of ballots

Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this Title, the Department of Elections shall promptly provide new ballots or, if necessary, pesters. If the new ballots or pesters are received by the Department too late to put them in the voting machines prior to the preparation, sealing and inspection of the machines, then the Department shall deliver the necessary number of pasters to the inspectors of the appropriate election districts, who shall see to it that the pesters are placed and maintained on the voting machines and certificates of election."

Section 13. Amend §4152 (e), Title 15, Delaware Code, by striking said subsection in its entirety and inserting in lieu thereof a new §4512 (e) to read as follows:

"(e) Whenever the Department has designated as polling places facilities owned or leased by agencies or subdivisions of this State, it shall be the duty of the officials of such agencies or subdivisions to make these facilities available and to provide a suitable and acceptable location, heat, lighting, and other services necessary for the conduct of the election, so long as such use is not incompatible with the primary function of the agency or subdivision."

Section 14. Amend §4941, Title 15, Delaware Code, by striking the words "in the same county" as they appear in paragraph (2) of said section and inserting in lieu thereof the words "within this State".

Section 15. Amend §4972, Title 15, Delaware Code, by striking the word "left" as it appears in paragraph (2) of said section and inserting in lieu thereof the word "right".

Section 16. Amend §4978 (c), Title 15, Delaware Code, by striking the words "with the Superior Court serving as the Board of Canvass at 12:00 Noon the second day following the election" as they appear at the end of said subsection and inserting in lieu thereof the following words:

"with the Department of Elections any time prior to 12:00 Noon the second day following the election, at which time the Department shall present said certificate to the Superior Court serving as the Board of Canvass".

Section 17. Amend §5504, Title 15, Delaware Code, by striking the word "general" as it appears in said section.

Section 18. Amend §5701 (a), Title 15, Delaware Code, by adding the following sentence to said subsection:

"For this purpose, the Court shall utilize certificates of election for each election district provided by the Prothonotary, the Minority Judge of each election district, and the Department of Elections for its county, whose representatives shall sit as observers and assistants to the Court during said calculation of the vote."

Section 19. Amend §5702, Title 15, Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §5702 to read as follows:

§5702. Duties of the Court

(a) Whenever the certificate of election for any election district is not produced when the Court convenes or whenever any absentee ballot box, voting machine, or write-in paper roll is not available at that time, the Court may issue summary process against the election officers of such election district or any other persons to bring such documents or objects forthwith into the Court or to make them available for inspection by the Court.

(b) Whenever the certificates produced do not agree or there is a complaint under oath of fraud or mistake in any such certificate, or if fraud, mistake, or omission is apparent on the face of such certificate, the Court shall:

(1) Open and examine the necessary voting machines and/or absentee ballot boxes, and, if applicable, examine the necessary write-in paper rolls;

(2) Make a recount of the votes contained therein;

(3) Correct any fraud, mistake, or omission in any certificate or paper relating to the election.

(c) The Court shall also receive from the Department of Election for its county a report of the number of absentee ballots delivered to each election district, from which it shall determine and make certain that all these ballots are recorded on the certificates of election for each election district receiving absentee ballots, either in the total number of ballots counted or in the number of ballots rejected."

Section 20. Amend §5704, Title 15, Delaware Code, by striking the words "Secretary of State" as they appear twice in said section and inserting in lieu thereof the words "State Election Commissioner".

Section 21. Amend §7106 (b), Title 15, Delaware Code, by striking said subsection in its entirety.

Section 22. Amend §7305 (b), Title 15, Delaware Code, by striking said subsection in its entirety.

the words "Clerk of the Peace" or "Clerks of the Peace" wherever they appear in said Chapter and inserting in lieu thereof the words "Department of Elections" or "Departments of Election" respectively.

Approved July 11, 1978.