Bill Text: DE HB191 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 15 Of The Delaware Code Relating To Absentee Voting.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2014-04-09 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits [HB191 Detail]
Download: Delaware-2013-HB191-Draft.html
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SPONSOR: |
Rep. D.E. Williams & Rep. Jaques & Rep. Kowalko & Sen. Sokola |
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Reps. Barbieri, Baumbach, Brady, Heffernan, J. Johnson, Q. Johnson, Mitchell, Mulrooney, Osienski, Paradee, Potter, Scott, B. Short, M. Smith |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 191 |
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AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ABSENTEE VOTING. |
Section 1.Amend Section 5502, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§5502. Persons eligible to vote by absentee ballot.
Any qualified elector, duly registered, of this State may cast the qualified elector's vote by absentee ballot in any primary election, general election, special election for statewide or local offices and in any election held under the provisions of Chapter 73 of this title. Votes cast by absentee ballot pursuant to this chapter shall be counted in the total for the election district in which the elector is registered if the elector is unable to appear at the polling place of the elector's election district due to the following reasons:
(1) Because such person is in the public service of the United States or of this State, or is a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or such person's spouse or dependents when residing with or accompanying the person, or is absent from this State because of illness or injury received while serving in the armed forces of the United States; or
(2) Because such person is in the armed forces of the United States or the merchant marine of the United States, or attached to and serving with the armed forces of the United States in the American Red Cross or United Service Organizations; or
(3)
Because of the nature of such person's business or occupation which may
require such person to travel or work such hours which might preclude them from
voting at their regular polling location, including the business or
occupation of providing care to his or her parent, spouse, or child who is
living at home and requires may require constant care due to
illness, disability, or injury; or
(4) Because such person is sick or physically disabled; or
(5) Because such person is absent from the district while on vacation; or
(6) Because such person is unable to vote at a certain time or on a certain day due to the tenets or teachings of that person's religion; or
(7) Because such person is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [42 U.S.C. §1973ff et seq.] to vote by absentee ballot; or
(8) Because such person is otherwise authorized by federal law to vote by absentee ballot.
Section 2.Amend Section 5503, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§5503. Request for ballot; affidavits for absentee ballots; delivery of absentee ballots.
(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the department of elections for the county in which the elector is domiciled (hereinafter referred to as the "department") by filing a hand written or electronically prepared affidavit with the department no later than 12:00 noon the day before the election.
(b) An affidavit may be filed pursuant to this section by:
(1) Mailing it, delivering it, or causing it to be delivered to the department of elections for the county in which the elector is domiciled; or
(2) Delivering it to a department of elections for another county, if special circumstances exist that prevent the elector from filing it pursuant to paragraph (1) of this subsection.
(c) Affidavits filed pursuant to paragraph (b)(2) of this section shall be treated as if they were filed with the department of elections for the county in which the elector is domiciled. The department of elections where the affidavit is delivered shall, for the purposes of that absentee ballot only, act as the agent of the department of elections for the county in which the elector is domiciled and may deliver and accept an absentee ballot from such elector. The State Election Commissioner, in consultation with the departments of elections for each county, shall promulgate regulations defining specific procedures for such intra-county acceptance of affidavits pursuant to this section, and subsequent delivery and acceptance of absentee ballots, and the special circumstances under which each of these events is authorized.
(d) Affidavits filed pursuant to this section shall:
(1) Indicate the election or elections for which the elector is requesting an absentee ballot;
(2) Include at least the following information:
a. The elector's name;
b. The address of the elector's domicile in the State;
c. The address to which the elector requests that the absentee ballot be mailed;
d. The elector's date of birth;
e. The elector's social security number (optional);
f. The elector's political party affiliation;
g. The elector's expected location on election day;
h. The reason that the elector cannot appear at the regular polling place for the elector's election district on the day of the election, which shall identify at least 1 of the reasons set forth in §5502 of this title;
i. A telephone number, if available, to assist in resolving any challenge;
j. An e-mail address, if available, to assist in resolving any challenge; and
k. The elector's signature;
(3) Be subscribed and sworn to by the elector, before an
officer authorized by law to administer oaths affirming that under penalty of
perjury, the information on the affidavit is correct and true except that the
affidavit for a person voting in person at a Department of Elections shall not
be notarized but shall be accepted upon the voter presenting a form of ID
acceptable by a notary;
(43) Be dated during the calendar year in which
the election is to be held, provided that when a presidential primary election
is scheduled and the date of the presidential primary election is less than 90
days before January 1 in the year in which a President of the United States is
to be elected, the affidavit shall not be dated more than 90 days before the
day of the presidential primary election, and further provided that, for
special elections conducted pursuant to Chapter 71 of this title, the affidavit
may be dated as of any date after a writ of election has issued; and
(54) Be promulgated by the State Election
Commissioner, in consultation with the departments of elections for each
county, and personally approved by the Attorney General of the State; provided
however, that the Federal Post Card Application or its successor as promulgated
by the Federal Voting Assistance Program or its successor shall also be
considered an affidavit as used in this chapter.
(e)
Notwithstanding any other provision of this section to the contrary, the
affidavit of any elector desiring to receive an absentee ballot because the
person qualifies under any of the reasons set forth in §5502(1), (2), (4)
or (7) of this title or because a person's business or occupation is providing
care to his or her parent, spouse, or child who is living at home and requires constant
care due to illness, disability or injury, may be self-administered.
(f)(1) If the elector does not indicate the election or elections for which the elector is requesting an absentee ballot, it shall be presumed that the affidavit is for the next scheduled election in which the elector is eligible to vote; provided however, that an affidavit on which the person indicates that the reason the person is requesting to vote by absentee ballot is that the person is temporarily or permanently physically disabled or that the person qualifies under any of the reasons set forth in § 5502(1), (2), (4) or (7) of this title shall be presumed to be for all elections in a calendar year unless otherwise indicated on the affidavit.
(2) If the department is unable to determine the election and/or elections for which a person is requesting an absentee ballot, it shall attempt to contact the person in order to determine the person's intent; provided however, that if time is of the essence and the department is unable to contact the elector, the department's director and deputy director shall confer and determine the proper course of action.
(g) Affidavits filed pursuant to this section on which the elector's domicile is different than the address at which the person is registered to vote within the State shall be used to transfer the person's registration.
(h) Affidavits filed pursuant to this section on which an elector indicates that the elector has legally changed the elector's name shall be taken as authorization to transfer the elector's previous registration information, including the elector's voting record to the new name. The department shall then use the affidavit to make the change on the department's records.
(i) Affidavits filed pursuant to this section on which a person indicates a change in political party affiliation received during a period in which changes in political party affiliation are closed shall be used to change the person's political party affiliation when the period for changing political party affiliation re-opens.
(j) The department may adopt a printed or electronic affidavit form (or both), containing blanks associated with each item required by this section to be listed on an affidavit, which may be completed by any elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request to the department for the department prepared affidavit form, which the department shall forward to the elector upon receipt of a request therefore.
(k)
Notwithstanding any other provision of this title, a registered voter eligible
to vote by absentee ballot for reasons stated in §5502 (1), (2), (4), (7) or
(8) of this title or because a person's business or occupation is providing
care to his or her parent, spouse or child who is living at home and
requires may require constant care due to illness,
disability, or injury or may require such person to travel or work such
hours which might preclude them from voting at their regular polling location,
may apply in writing to the department of elections for the county in which the
voter is registered to vote for permanent absentee status. The respective
departments of elections shall automatically send an absentee ballot to each
person in permanent absentee status for each election in which the person is
entitled to vote.
(1) The State Election Commissioner shall promulgate instructions that people shall follow to apply for permanent absentee status.
(2) Overseas citizen and military voters may apply for permanent absentee status by writing that request in the remarks section of the federal post card application or its successor.
(3) A department of elections shall cancel a person's permanent absentee status upon the return of an absentee ballot or other correspondence sent by first-class mail as undeliverable, the person's death or disqualification, the cancellation of the person's voter registration, the receipt of a written request from the person, or receipt of written notification that the reason that the person has stated for voting by absentee ballot is no longer valid.
(4) Persons in permanent absentee status shall keep the department of elections informed of changes in address, changes in name or changes in the reason that the person has listed for voting by absentee ballot.
(5) Each department of elections shall post a list of permanent absentee voters on their web site.
(l) Upon request, a registered voter eligible to vote by absentee ballot for reasons stated in §5502(4) of this title may be sent and may return his or her absentee ballot by electronic transmission in accordance with §5525 of this title.
SYNOPSIS
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This bill expands the business or occupation category of permissible absentee voters to include those who are unable to appear at the polling place "because of the nature of such person's business occupation, including the business or occupation of providing care to his or her parent, spouse, or child who may require care due to illness, disability, or injury, or may require such person to travel or work such hours which might preclude them from appearing at their regular polling location. The bill also eliminates the requirement to have any affidavit requesting an absentee ballot be notarized. |
