Subchapter II. Procedure at Registration Place
TITLE 15
Elections
Registration of Voters
CHAPTER 20. REGISTRATION OFFICERS AND MOBILE REGISTRATION; REGISTRATION BY MAIL
Subchapter II. Procedure at Registration Place
§ 2011. Entries by registration officers.
(a) When a person appears at a registration place for the purpose of applying to register as a voter, a registration officer shall obtain from such person the necessary information to complete an application for registration.
(b) After the application for registration has been fully completed, a registration officer shall inspect the application for completeness, eligibility and legibility and such additions or corrections as may be necessary shall be made in the presence of the applicant. The applicant shall then submit for inspection by the aforesaid registration officer proof as to identity and residence as shown on the application. If the registration officer is satisfied that the applicant is eligible and has established the applicant's identity and that the application is complete and legible, the applicant shall sign the application and the registration officer shall sign the registration officer's name in the space on the application provided for that purpose.
(c) If unable to sign, the applicant shall make that applicant's own mark on the application. If the applicant is unable to sign or make that applicant's own mark because of physical disability, the registration officer shall indicate the fact in the space provided for the signature of the applicant. In either case, the registration officer shall write the phrase "Witnessed by" followed by the registered officer's initials in the space provided for the signature of the applicant.
(d) The registration officers, except where registration is conducted in the offices of the departments of election, shall record the name and address of each applicant upon a separate list of registered voters in the order in which they appear at the registration place to be registered.
(e) At the end of the registration day, the registration officer shall deliver to the department all of the sets of registration records supplied by the department along with the list of all transactions.
19 Del. Laws, c. 38, § 8; 21 Del. Laws, c. 36, § 4; 22 Del. Laws, c. 64, §§ 1, 2; 24 Del. Laws, c. 66; Code 1915, § 1627; 34 Del. Laws, c. 106, § 1; 37 Del. Laws, c. 117, § 6; 40 Del. Laws, c. 140, § 5; Code 1935, § 1714; 44 Del. Laws, c. 105, § 1; 15 Del. C. 1953, § 1722; 50 Del. Laws, c. 169, § 15; 57 Del. Laws, c. 181, § 35; 67 Del. Laws, c. 354, §§ 7, 12; 69 Del. Laws, c. 191, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 13; 72 Del. Laws, c. 275, § 2; 74 Del. Laws, c. 411, §§ 5-8; 77 Del. Laws, c. 227, § 23.;
§ 2012. Challenge for bribery; oath; effect of oath; refusal to take oath.
If upon the personal application of anyone to be registered, the applicant shall be challenged for having received or accepted, or for having offered to receive or accept, or for having paid, transferred or delivered, or for having offered or promised to pay, transfer or deliver, or for having contributed or offered or promised to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register, the registration officer shall administer to the person so challenged an oath or affirmation, as follows:
"You do solemnly swear upon the Holy Evangels of Almighty God (or "You do solemnly, sincerely and truly declare and affirm") that you have not received or accepted or offered to receive or accept, or paid, transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of anyone qualified to register at the registration for this present year, so help you God" (or "so you do solemnly, sincerely and truly declare and affirm").
Such oaths or affirmations shall be conclusive evidence to the registration officers of the truth of such oath or affirmation, but if any such oath or affirmation is false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the State Constitution. If any person so challenged refuses to make the oath or affirmation prescribed in this section, the registration officers shall enter the words "refused to make oath concerning bribery" in the appropriate space in the applicant's application for registration and the department shall place the original permanent registration record of the applicant in the special file or binder known as the "list of disqualified voters."
21 Del. Laws, c. 36, § 5; Code 1915, § 1628; 34 Del. Laws, c. 106, § 1; 35 Del. Laws, c. 82, § 1; Code 1935, § 1715; 15 Del. C. 1953, § 1725; 50 Del. Laws, c. 169, § 17; 67 Del. Laws, c. 354, §§ 11, 12; 70 Del. Laws, c. 186, § 1.;
§ 2013. Duties of department following registration.
(a) After the registration officer delivers the registration records to the department following each registration day, the department shall first check the record by the registration number of the registration records to ascertain whether all the records supplied have been returned to the department. If the department is satisfied that all records have been returned, it shall file and retain the records for not less than 1 year. If all the records have not been returned, the department shall notify the Attorney General, who may take appropriate action.
(b) The department shall then take the applications for registration which have been completed, and signed or marked by the applicant and the registration officers, and examine them for completeness, legibility and eligibility. If the department is satisfied that the application is complete and legible and that the applicant's name does not appear on the list of disqualified voters and that the applicant is qualified to be registered, the department shall take the necessary steps to add the person to the list of registered voters.
(c) [Repealed.]
15 Del. C. 1953, § 1729; 50 Del. Laws, c. 169, § 19; 57 Del. Laws, c. 181, § 36; 67 Del. Laws, c. 354, §§ 8-12; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 411, §§ 9-12; 77 Del. Laws, c. 227, § 24.;
§ 2014. Notification of disposition of a person's voter registration application and procedure for handling returned mail.
(a) A department of elections following receipt of a voter registration application for a person who is not registered to vote shall, upon determination that the applicant is eligible to register to vote, create a pending registration record. The department shall then within 5 business days mail a nonforwardable notice by first-class mail that confirms the voter's address to the voter.
(1) If this notice is returned to the department as undeliverable by the U. S. Postal Service within 10 days of having been mailed, the department shall not add the person's name to the list of registered voters.
(2) The department shall post the name and address of every person whose confirmation notice was returned as undeliverable on its website for a period of 2 years.
(3) If the notice is not returned within 10 days after being mailed, the applicant's pending registration record shall be added to the State's list of registered voters and the department shall mail a nonforwardable notice by first-class mail that informs the registrant of the location of the registrant's polling place.
(4) A person not added to the list of registered voters in accordance with paragraph (1) of this subsection above shall be permitted to vote at the polling place for that person's address upon presentation of proof of identity and address at the polling place, completion of a voter registration application at the polling place and the approval of the respective department's director and deputy director. The forms of identification may include:
a. A Delaware drivers license;
b. A Delaware identification card;
c. Work identification, provided it has a photograph and address; or
d. U.S. postal material.
(5) The State Election Commissioner may suspend the provisions of this subsection (a) during the 60 days prior to any primary, general or special election in order to facilitate the processing of voter registration applications, distribution of polling place cards and the production of poll lists and signature cards.
(b) Each county Department of Elections shall promptly notify in writing each person whose voter registration application has been rejected and shall state in such notice the specific reason or reasons for such rejection.
(c) A department of elections upon completing a transfer of address, change of name and/or change of political party affiliation for a registered voter shall mail a notice informing the registrant of that registrant's polling place by nonforwardable first class mail. If this notice or any correspondence sent by a state agency or state official using voter registration address data is returned as undeliverable, the department shall send an address verification request by forwardable first-class mail to the person at the address on their permanent registration record or to the address indicated by the U.S. Postal Service on the returned undeliverable notice or correspondence. The address verification request shall include a postage-paid preaddressed return card. The person shall be asked to sign the return card and:
(1) Authorize cancellation of their Delaware voter registration because they are no longer permanent residents of the State;
(2) Provide the address of their permanent place of residence if they still reside within Delaware; or
(3) Certify that the address at which they are currently registered to vote is their correct address and place of permanent residence.
(d) The respective department of elections, upon receipt of the return card in accordance with the response shall:
(1) Upon authorization by the board of elections at a meeting of the board of elections of the county, remove the voter from the records of the State Election Commissioner and the county department of elections;
(2) Update the person's voter registration record with the new address if it is within the department's jurisdiction;
(3) Send the returned card and the person's voter registration record to the department of eElections that has jurisdiction over the new address; or
(4) Update the person's voter registration record showing that the person has certified that the address on the permanent voter registration record is their permanent place of residence.
(e) If the person does not return the return card within 60 days of mailing or if the address verification request is returned as undeliverable, the person shall be transferred to "inactive status."
(f) Persons classified as "inactive" shall remain eligible to vote in any election conducted in accordance with this title. Upon presenting themselves at their polling place they shall affirm in writing under penalty of perjury on the form promulgated by the State Election Commissioner the address of their permanent place of residence. If the person's permanent place of residence is different than the permanent place of residence shown on the voter's permanent record, the person shall be permitted to vote in accordance with § 2047 of this title.
(g) A person properly removed from the voting rolls in accordance with this chapter must reregister in order to vote in any election conducted in accordance with this title. A person removed in error through the process described in this chapter, however, may be restored to the voting rolls upon the concurrence of the respective department of elections director and deputy director.
(h) On or before June 1 of each year following a general election, the State Election Commissioner shall remove from the voting rolls any person who has been in "inactive status" for 2 consecutive general elections.
70 Del. Laws, c. 188, § 14; 75 Del. Laws, c. 232, §§ 20-22; 77 Del. Laws, c. 227, §§ 1, 2, 25.;
§ 2015. Late registration procedures for military and overseas citizens.
Repealed by 75 Del Laws, c. 232, § 23 effective Feb. 1, 2006.
§ 2016. Enfranchisement of citizens who have never resided in the United States.
If a United States citizen outside of the United States who has never lived in the United States has a parent who is a qualified elector of the State, then that person is eligible to register and vote where that citizen's parent is a qualified elector.
74 Del. Laws, c. 168, § 3; 70 Del. Laws, c. 186, § 1.;