Bill Text: DE SB242 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 15 Of The Delaware Code Relating To Elections.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Passed) 2016-07-13 - Signed by Governor [SB242 Detail]
Download: Delaware-2015-SB242-Draft.html
SPONSOR: |
Sen. Henry & Sen. Townsend & Rep. Keeley & Rep. Bolden & Rep. Lynn & Rep. Viola |
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Sens. Hall-Long, Marshall, McBride, McDowell, Peterson, Poore, Sokola; Reps. Bentz, Heffernan, J. Johnson, Kowalko, Longhurst, Matthews, Mitchell, Mulrooney, Osienski, Potter, Schwartzkopf, B. Short, M. Smith, K. Williams |
DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
SENATE BILL NO. 242 |
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
Section 1. Amend §6102, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§6102. Definitions.
(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:
(1) "Disqualifying felony" shall mean that type of felony set forth in §2, article V of the Constitution of this State which permanently disqualifies any person convicted of such felony from voting.
(2)
"Financial obligations" includes such fees, fines, costs and
restitution which a felony offender may be required to pay as part of the
criminal sanctions imposed upon such offender.
(3) "Full
discharge" or "fully discharged" shall mean that a person convicted of a criminal
offense felony which is not disqualifying has served the required
sentence of imprisonment, parole, work release, early release, supervised
custody, and probation and community supervision, and has also paid
all financial obligations required by the sentence.
(4) "State Election Commissioner" shall mean the State Election Commissioner or the Commissioner's designee.
(b) For the purposes of §2 of article V of the
Constitution of this State and for the purposes of this chapter, no sentence
shall be deemed to be expired until a person convicted of a criminal offense
felony which is not disqualifying has served the required sentence
of imprisonment, parole, work release, early release, or supervised
custody and , and probation and community supervision and has
also paid all financial obligations and restitution required by the sentence.
Section 2. Amend §6103, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§6103. Application for registration: felony conviction reviews.
(a) The county department of elections office
of the Department of Elections shall not register any applicant as a
qualified voter until it has been determined that such applicant is lawfully
eligible to vote. The county department office shall, for each
registration application, perform an electronic inquiry against the Criminal
Justice Information System (CJIS) and other data to determine if the applicant
has been convicted of a felony. If the applicant has not been convicted of a
felony and is otherwise eligible to register to vote pursuant to the Delaware
Constitution and this title, the applicant shall be registered.
(b) If a review by the county department of elections
office of the Department of Elections shows that the applicant has been
convicted of a disqualifying felony, the registration application shall be
denied and the applicant shall not be permitted to register.
(c) If the applicant has been convicted of a felony which
is not disqualifying but the felony conviction occurred within 5 years
preceding the date of the application applicant has not served the
required sentence of imprisonment, parole, work release, early release,
supervised custody, and probation and community supervision, then the
registration application shall be denied.
(d) If the results of the (CJIS) CJIS inquiry
cannot determine the eligibility of the applicant, the respective county department
of elections office of the Department of Elections shall forward the
application to the State Election Commissioner.
Section 3. Amend §6104, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§6104. Commissioner's review of application.
(a) If the applicant has not been convicted of a
felony which is not disqualifying, within the 5 years preceding the
date of the application, the State Election Commissioner shall request that
both the Office of State Court Collections Enforcement (OSCCE) and the
Department of Correction separately conduct a review and data search of all
records relating to the applicant the State Election Commissioner shall
request that the Department of Correction review its records to determine if
all sentences of imprisonment and community supervision imposed upon the
applicant have been fully discharged.
(b) Upon request by the State Election Commissioner, the
OSCCE shall review its records to determine if the applicant has paid all
financial obligations assessed against such applicant. Upon request by the
State Election Commissioner, the Department of Correction shall review its
records to determine if all sentences of imprisonment and community supervision
imposed upon the applicant have been fully discharged.
(c) Where it has been determined that the applicant was convicted of a felony which is not disqualifying, has fully discharged all imposed sentences, and otherwise meets all constitutional requirements, the applicant shall be permitted to register as a qualified voter. Each stage of the review process shall be completed within a reasonable time.
(d) Where the State Election Commissioner determines from
information received from OSCCE or from the Department of Correction
that there are financial obligations which have not been paid; or that not
all sentences have been the applicant has not fully discharged;
or all sentences or that other questions or issues relating to the
applicant's eligibility are still unresolved, the Commissioner shall deny the
application for registration. Upon denial of an application under this section,
the applicant shall be notified by mail.
SYNOPSIS
This Act eliminates the financial bar to voter registration and makes technical changes to bring the chapter into conformity with §2, article V of the Constitution of this State, which no longer requires a 5 year waiting period before a person convicted of a non-disqualifying felony may register to vote.
This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. |
Author: Senator Henry