Delaware General Assembly

CHAPTER 117

REGISTRATION OF VOTERS

AN ACT to Repeal certain sections of Chapter 56 of the Revised Code of the State of Delaware as amended 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 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1619 Sec. 1 and inserting in lieu thereof the following new Section to be known as 1619 Sec. 1.

1619. Section 1. REGISTRATION OFFICERS OUTSIDE OF WILMINGTON; APPOINTED BY GOVERNOR; DIVISION BETWEEN 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 between political 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. County 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 May 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, Failure to 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 successors 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 Powers and chapter shall be incapable, from any cause whatsoever, of duties 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 Political faith 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 discharge 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 1930 shall be deemed the registration officers for their respective election districts until the first day of July of the year 1932 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 whatever, shall be filled by the Governor as in this section before provided.

Section 2. That 1621 Sec. 3 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1621 Sec. 3 and inserting in lieu thereof the following new Section to be known as 1621 Sec. 3.

1621. Section 3. REGISTRATION BOOKS; PREPARED BY WHOM; AT WHOSE EXPENSE: DESIGNATION OF; ENTRIES IN; SIZE; HOW RULED: - It shall be the duty of the Governor in the year 1932 and every four years thereafter 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 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:

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 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.

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 hearing in the above described registers shall be substantially in the form following, to wit:

Name

Age

Nativity

Residence

State

County Term of

Election Residence

District

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 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 fourteen 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, 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 1622 Sec. 4 of Chapter 56 of the Re- vised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1622 Sec. 4 and inserting in lieu thereof the following new Section to be known as 1622 Sec. 4.

1622. Section 4. DELIVERY OF BOOKS BY GOVERNOR; WHEN; TO WHOM; BY SHERIFF; WHEN; TO WHOM; BY DEPARTMENT OF ELECTIONS FOR WILMINGTON; WHEN; TO WHOM: The Sheriff of each County shall, sometime previous to the first Saturday in July in the year 1932, 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 In New Castle 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 Governor to election district in said city, but the Governor shall, previous deliver books to Department of Elections for the City of Wilmington two of When the books known as "Registers" and two of the books known as "Books of Registered Voters ;" and provided further, Department however, that the Department of Elections to deliver books. When Wilmington, shall, within one week before the first day of registration of voters in the year 1932, 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 Governor books, addressed to the Registrar of each election district to cause delivery of books at least 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 1932.

Section 4. 1624 Sec. 6 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1624 Sec. 6 and inserting in lieu thereof the following new Section to be known as 1624 Sec. 6.

1624. Section 6. GENERAL REGISTRATION OF VOTERS IN 1932; SUPPLEMENTARY REGISTRATION THEREAFTER: During the year 1932, and every four years thereafter there shall be a registration, known as a every four general registration, of all the qualified voters resident in years thereafter each election district of this State. No person whose name appears in the said general registration shall be required to register again until the next general registration, unless he shall become disqualified or cease for any reason to be a qualified voter in the election district in which he is registered. In the year 1934 and every four years thereafter there shall be a registration, known as a supplementary registration, of all qualified voters resident in each election district of this State whose names do not appear as qualified voters on the registration of the next previous general registration.

Section 5. That 1625 Sec. 7. of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1625 Sec. 7 and inserting in lieu thereof the following new Section to be known as 1625 Sec. 7.

1625. Section 7. REGISTRATION OFFICERS; DUTIES; PLACES; HOURS, DAYS AND NOTICE OF SITTING: In those years in which a general registration is had, as provided in Section 6 of 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 of such election districts as 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 next general election to be held in this State, 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 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 Saturday in August, on the second Thursday in August, on the third Saturday in September and on the third Saturday next preceding the day of election in said year.

In those years in which a supplementary registration is supplementary registration had, as provided for in Section 6 of 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 Duties names of all qualified voters in each such election district, whose names do not already appear as qualified voters on the registers of the next previous general registration. 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 Register of the next previous general registration, at such public and suitable places in their respective election Hours and days of districts as will, in their judgment, be most convenient for sitting 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 third Thursday in August and on the third Saturday next preceding the day of 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. Names stricken oil The said Registrar shall at the same time and in the same for failure to vote, posted manner as aforesaid post at least ten lists of the names of persons stricken from the Registration Books covering his Lists delivered by Clerks of election district, for failure to vote; the aforesaid lists shall The Peace be delivered to the Registrar by the Clerk of the Peace for the County as hereinafter provided. 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 In Wilmington 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. The said Department of Elections shall at the same time and in the same manner as aforesaid, post at least ten lists of the names of persons stricken from the Registration Books by the said Department of Elections, in the several and respective election districts in the City of Wilmington.

Section 6. That 1627 Sec. 9 of Chapter 56 of the Revised Code of the State of Delaware as amended be and the same is hereby further amended by repealing all of that second paragraph of said 1627 Sec. 9 marked "First" and substituting in lieu thereof the following new paragraph to be designated as "First".

First. At every general registration they shall record, in ink in the Registers in the column headed "Name" and Entry of the name of every person who shall personally appear before them and apply to be registered and at every supplementary registration they shall record, in ink, in the Registers in the column headed "Name" the name of every person who shall registrations personally appear before them and apply to be registered and whose name does not already appear as a registered voter in the Register of the next previous general registration, 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.

Section 7. That 1630 Sec. 12 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1630 Sec. 12 and inserting in lieu thereof the following new Section to be known as 1630 Sec. 12.

1630. Section 12. GENERAL REGISTRATION; SUPPLEMENTARY REGISTRATION; NEW SETS OF REGISTRATION BOOKS SUPPLIED; WHEN; NEW GENERAL REGISTRATION; WHEN AND HOW MADE; General The Registration made under the provisions of this Chapter in the year 1932 and every four years thereafter 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 Register 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.

The registration made in each year in which there is a Supplementary general election, in the year 1934 and every four years registration thereafter, 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 Register of Entries on 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.

The books known as "Registers" and the books known as "Books of Registered Voter", which were used in making registration a general registration shall also be used in making the supplementary registrations.

The supplementary registration succeeding a general registration 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.

If, at the completion of the general 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 the 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, if such election district be outside the City of Wilmington, or, shall notify the Department of Elections if such district be within the City of Wilmington, and it shall be the duty of the Clerk of the Peace of each County, or the Department of Elections as the case may be, to examine all the Registration Books immediately after their delivery to him or them as in this Chapter hereafter provided, and to notify the Governor forthwith whether any and what Registration Books will be required for the supplementary 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 the supplementary registration as aforesaid, of the form and design hereinbefore provided, and the books so delivered shall become and be the "Registers" of "Books of Registered Voters" for the 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. "Such entry or endorsement shall be signed 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 or 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 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, which said new general registration shall be effective only until such time as another general registration is had as in this Chapter hereinbefore provided. And it shall be the duty of the Clerk of the Peace of each County in this State or the Department of Elections, as the case may be, to examine all the Registration Books immediately after the delivery to him or them as in this Chapter provided, and if it shall be found that any of the Registration Books of any election district are missing or mutilated or defaced, so that they are no longer available for registration purposes, the Clerk of the Peace of the County (if the election district be outside the City of Wilmington, and the Department of Elections shall, if the election district be within the City of Wilmington), forthwith certify the fact to the Governor; or if any Registration Books shall, after their delivery to the Clerk of the Peace or the Department of Elections be lost or destroyed or become mutilated or defaced, so that they are no longer available for registration purposes, he or they 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, 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, which said new general registration shall be effective only until such time as another general registration is had as in this Chapter hereinbefore provided. 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 endorsed 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 names 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, 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 new general 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 outside of Wilmington 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 his election district, that the original Registers are no longer available and that it has become necessary to have a 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 general registration the City of Wilmington the Department of Elections for the held in Wilmington 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 advertisement 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 avail- able, 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, No new general 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 Registered in such event it shall be the duty of the Clerk of the Peace of the County in which the election district is located (if the election district be outside the City of Wilmington, and it shall be the duty of the Department of Elections for the City of Wilmington if the election district be within the City of Wilmington) to cause to be 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 "Books of Registered Voters" supplied by the Governor as aforesaid. Such transcription shall be verified by the oath or affirmation and the affidavit signed 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 chapter 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 books provided for, the said "Register" or "Book of Registered Voters" shall be compared as to its 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 Levy Courts be paid by the Levy Court of the County wherein the election district is located.

Section 9. That 1632 Sec. 14. of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1632 Sec. 14 and inserting in lieu thereof the following new Section to be known as 1632 Sec. 14.

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 Transfer. stricken from the "Registers" and from the "Books of When 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 entries in Residence In said Registers and Books of Registered Voters ; provided new district must be acquired 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 Entries upon 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.

Provided, however, that if any person, having been previously registered in any election district in this State, shall by his removal therefrom have attained a legal residence in any election district in any other County in this State, such persons shall have the right to register as a qualified voter in such other election district in such other County at any registration, subsequent to his or her aforesaid previous registration, upon proper proof to the registration officers of such other election district, to which such person has re- moved as aforesaid and to whom he or she shall apply for registration and if qualified and registered as a qualified voter in such election district to which application has been made as aforesaid, then and in any such case, such person shall cease to be a qualified voter in the election district from which he has removed as aforesaid. This provision shall be taken to be an exception to the provisions of 1645. Section 27, of Chapter 56 of the Revised Code of Delaware, as amended.

Section 9A. That Chapter 56 of the Revised Code of Delaware as amended be and the same is hereby further amended by adding at the end of 1637. Section 19, of said Chapter the following:

In order that no appeal shall be taken under the provisions of this Chapter without good and probable cause, it is hereby provided that, in every case of an appeal being taken from the decision of any Registration Officers, as provided for in this Chapter, and, upon the hearing of such appeal, the said appeal is finally dismissed by the Judge hearing the same, then and in such case the person who made the affidavit in taking such appeal shall pay all the costs of such appeal, said costs to be fixed by the Judge and taxed upon the appellant at the time of such dismissal.

Section 10. That 1640 Sec. 22 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1640 Sec. 22 and inserting in hew thereof the following new Section to be known as 1640 Sec. 22.

1640. Section 22. REGISTRAR TO DELIVER BOOKS TO INSPECTOR, ETC., WHEN; CERTAIN BOOKS AND PAPERS RETAINED; OPEN FOR INSPECTION; COPIES MAY BE MADE; AFTER GENERAL ELECTION, REGISTERS AND BOOKS OF REGISTERED VOTERS DELIVERED TO CLERK OF THE PEACE; CLERK OF PEACE TO DELIVER 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 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" 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 two "Books of Registered Inspector to Voters" delivered to the said Inspector by the Registrar as in this Section hereinbefore 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 the said "Registers" and "Books of Registered Voters" of each election district of the County, in his office, and the same shall be open to the inspection of the public at all convenient times, as other public records in said office, provided that the Clerk of the Peace for New Castle County, shall, within ten days after the delivery of the "Registers" and "Books of Registered Voters" as aforesaid, deliver to the Department of Elections all "Registers" and "Books of Registered Voters" for the election districts within the City of Wilmington, where they shall be safely kept, and the same shall be open to the inspection of the public at all convenient times, as are other public records.

It shall be the duty of the Clerk of the Peace, five days before the third Saturday of July in the year in which a general election is held, to deliver the two "Registers" and the two "Books of Registered Voters" of each election district in the County to the Sheriff of said County, who shall, sometime previous to the third Saturday in July of said year, deliver the said two "Registers" and the said two "Books of Registered Voters" of each election district of the County to the Registrar of said election district ; and the said Department of Elections shall, sometime prior to the third Saturday in July of said year, deliver to the Registrar in each election district in the City of Wilmington, the registration books for such district ; provided, further 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 Clerk of the Peace to the Sheriff one week prior to the 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.

Section 11. That 1642 Sec. 24 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1642 Soc. 24 and inserting in lieu thereof the following new Section to be known as 1642 Sec. 24.

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 1932 TO BE PAID FOR BY THE STATE: East 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 of Assistant Registrar 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 due 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 Pay 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 expenses 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 12. That 1646 Sec. 28 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1646 Sec. 28 and inserting in lieu thereof the following new Section to be known as 1646 Sec. 28.

1646. Section 28. SPECIAL ELECTIONS; REGIS- TRATION 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 of the State, hereinbefore provided for, to wit on the third and fourth Saturdays immediately preceding 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 or the 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.

Section 13. That 1656 Sec. 38 of Chapter 56 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 1656 Sec. 38 and inserting in lieu thereof, the following new Section to be known as 1656 Sec. 38.

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, which registration day shall be the third 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 officers 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 or the 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 trad2tigit Chapter relating to registration in general shall apply, so far as pertinent, to the said additional registration day. The Registration officers shall keep hung up in room in which they sit, a list of the names of all persons stricken from the registration books for failure to vote as in this Section provided.

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 disposed 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 Law to apply 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 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 until the next general registration is had 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.

Section 14. That if any of the provisions of this Act should be found to be in conflict with any other law, or any other Act or Acts or part or parts of any Act or Acts, not specifically repealed by this Act, in any and all such cases the provisions of this Act shall always be deemed and taken to be the law.

Approved April 3, 1931.