Chapter 23. Penal and Enforcement Provisions
TITLE 15
Elections
Registration of Voters
CHAPTER 23. PENAL AND ENFORCEMENT PROVISIONS
§ 2301. Neglect of duty; corrupt or fraudulent conduct; penalty.
Whoever, being a member of a department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of such duty shall be fined not more than $200 or imprisoned not more than 2 years or both.
45 Del. Laws, c. 144, § 8; 45 Del. Laws, c. 148, § 8; 45 Del. Laws, c. 149, § 8; 15 Del. C. 1953, § 2301.;
§ 2302. Wrongful registration; assault; riot; breach of peace; penalty.
Whoever causes or attempts to cause himself or herself to be registered in: (1) the name of any other person living or dead or under any fictitious name; or (2) any election district in this State, knowing that he or she has not the right to be registered; or (3) whoever, knowing himself or herself to be registered in any election district in this State, causes or attempts to cause himself or herself to be registered in any other election district in this State without having first caused that person's own record to be removed from the Election District Record in which that person's original permanent registration record may have been previously entered; or (4) whoever, knowing himself or herself to be disqualified as a voter at the next following general election, causes or attempts to cause himself or herself to be entered in the Election District Record in any election district in this State as a registered voter therein or unlawfully interferes with any registrar, alternate registrar or assistant registrar in the discharge of his or her duties under this title; or (5) whoever makes any assault or commits any assault and battery or incites or creates any riot or breach of the peace at or near to any place of registration in this State during the sitting of any registration officers; shall be fined not less than $50 or more than $200 or imprisoned not less than 30 days or more than 2 years or both.
19 Del. Laws, c. 38, § 21; 21 Del. Laws, c. 36, § 24; Code 1915, § 1645; 34 Del. Laws, c. 106, § 1; Code 1935, § 1732; 15 Del. C. 1953, § 2302; 50 Del. Laws, c. 170, § 1; 70 Del. Laws, c. 186, § 1.;
§ 2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies; penalty.
(a) Whoever, being a registrar, alternate registrar or assistant registrar:
(1) Fraudulently enters or permits to be entered in any registration record the name of any person as a registered voter who is not entitled to be entered therein as a registered voter; or
(2) Fraudulently refuses or omits to register or fraudulently misspells in any registration record in his or her charge the name of any person entitled under this title to have his or her name entered in such registration records; or
(3) Fraudulently removes from any Election District Record in his or her charge the original permanent registration record of any person entered therein; or
(4) Makes any entry in any registration record, except at the time and in the manner in this title provided; or
(5) Does anything which is by this title forbidden to do; or
(6) Whoever, being a registrar, alternate registrar or assistant registrar, inspector or judge of election:
a. Loses any registration records which may be in his or her charge or custody; or
b. Wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes any registration record; or
c. Knowingly makes any false entry in or false copy of any registration record or any part thereof; or
d. Fraudulently makes any entry, erasure or alteration in any registration record;
shall be deemed to have knowingly and wilfully violated his or her official duty and shall be fined in such amount or imprisoned for such term or both as the court in its discretion may determine.
(b) Whoever, other than the officials referred to in subsection (a) of this section, makes, alters or obliterates any entry in any registration record, or wilfully destroys, mutilates, defaces, falsifies or removes or secretes any registration record, shall be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
19 Del. Laws, c. 38, §§ 20, 22; 21 Del. Laws, c. 36, § 25; Code 1915, § 1644; 34 Del. Laws, c. 106, § 1; Code 1935, § 1731; 15 Del. C. 1953, § 2303; 50 Del. Laws, c. 170, § 2; 70 Del. Laws, c. 186, § 1.;
§ 2304. Alcoholic liquor in registration places; penalty.
Whoever, during the sitting of the registration officers in any election district in this State, brings, takes, orders or sends into, or attempts to bring, take or send into, any place of registration any alcoholic liquor, or, at any such time or place, drinks or partakes of any such liquor, shall be fined not more than $100 or imprisoned not more than 90 days, or both.
19 Del. Laws, c. 39, § 32; 21 Del. Laws, c. 36, § 22; Code 1915, § 1643; 34 Del. Laws, c. 106, § 1; Code 1935, § 1730; 15 Del. C. 1953, § 2304.;
§ 2305. Intimidation of registration officers; penalty.
If any person, firm, corporation or employer existing or doing business in this State hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed a registration officer under the laws of this State from qualifying and performing such person's duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.
In any trial under this section the acts of any officer of a corporation, so far as they affect an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether special or general authority as to such acts from the corporation is shown or not.
Nothing contained in this section shall be construed to relieve any officer of a corporation from individual liability under this section.
45 Del. Laws, c. 144, § 24; 45 Del. Laws, c. 148, § 24; 45 Del. Laws, c. 149, § 24; 15 Del. C. 1953, § 2305; 70 Del. Laws, c. 186, § 1.;
§ 2306. Notice to Attorney General of violations of registration laws.
Each department shall notify the Attorney General of all violations of the registration laws.
45 Del. Laws, c. 144, § 9; 45 Del. Laws, c. 148, § 9; 45 Del. Laws, c. 149, § 9; 15 Del. C. 1953, § 2306; 49 Del. Laws, c. 4, § 5.;
§ 2307. Unauthorized entering of registration area; interference with registration; penalty.
(a) Whoever, not being a registration officer or other department of elections personnel, enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration other than to register to vote shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 30 days nor more than 2 years, or both.
(b) Whoever enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration for the purpose of interfering with the registration officers in the discharge of their duties or whoever attempts to molest, disturb or prevent the registration officers or any of those seeking to register from proceeding regularly with registration, shall be fined not less than $500 nor more than $1,000 or imprisoned not less than 90 days nor more than 3 years, or both.
15 Del. C. 1953, § 2307; 58 Del. Laws, c. 401, § 3.;