Bill Text: DE HB443 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 15 Of The Delaware Code Relating To Voter Registration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-06-28 - Introduced in House and assigned to House Administration Committee [HB443 Detail]
Download: Delaware-2015-HB443-Draft.html
SPONSOR: |
Rep. Jaques & Sen. Henry |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 443 |
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO VOTER REGISTRATION. |
Section 1.Amend §2014, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§2014 Notification of disposition of a
person's voter registration application and procedure for handling returned
mail. Process for new voter registrations, transfers of address, and
change of name or party affiliation.
(a) The
Department 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 (a)(1) of this section 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 Department's county director and deputy county director in the appropriate
county. 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)(a)
The Department 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)(b)
The Department upon completing a new voter registration, 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)(c)
The Department, upon receipt of the return card in accordance with the response
shall:
(1) Upon authorization by the State Board of Elections at a meeting of said Board, remove the voter from the records of the State Election Commissioner and the Department;
(2) Update the person's voter registration record with the new address if it is within the Department's jurisdiction; or
(3) [Repealed.]
(4) (3) 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)(d) 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)(e)
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)(f)
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 county director and deputy county director of the Department in the county
in which such person resides.
(h)(g)
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.
SYNOPSIS
This Act eliminates the program whereby the Department of Elections, upon receiving a new voter registration application, has to mail a notice to the applicant and the applicant's name may or may not be added to the list of registered voted depending on whether the mailing is returned.This program is no longer cost-effective and has been replaced by newer programs. |