Bill Text: DE SB327 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Volume 68, Chapter 3, Laws Of Delaware As Amended, Entitled "an Act To Reincorporate The Town Of Elsmere" Concerning Elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-07-15 - Signed by Governor [SB327 Detail]
Download: Delaware-2009-SB327-Draft.html
SPONSOR: |
Sen. Blevins & Rep. Mitchell |
|
|
145th GENERAL ASSEMBLY |
SENATE BILL NO. 327 |
AN ACT TO AMEND VOLUME 68, CHAPTER 3, LAWS OF DELAWARE AS
AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.Amend Article IX. Nominations And Elections by deleting Sections 901 – 908 as they appear therein and by substituting in lieu thereof the following:
"§900.Municipal Elections.
(a)
A regular town of
(b)
At all such elections the voters shall be received at each polling place by
three (3) qualified voters of the Town of
(c) The Inspector shall be the chief Election Officer in the polling place.
(d) The Inspector shall determine all challenges and all other issues involving the conduct of the election at the polling place.The Board of Elections may provide advice and guidance to the Election Officers.
(e) Election Officers individually and collectively shall conduct elections in a fair and equal manner.
(f) Election Officers who violate the provisions of this Chapter shall be removed forthwith by the Board of Elections.
(g) In case of referenda or special elections, the same procedure shall be followed to the extent applicable as with respect to the regular elections, and the penalty for fraud and misconduct shall be the same.
§901.Voter/Elector Qualifications.
(a) Every person domiciled in the Town of Elsmere who shall have reached the age of eighteen (18) years of age, who is a citizen of the United States who has registered as a voter with the Department of Elections for New Castle County and who can prove the foregoing by proper identification, shall be entitled to vote at all regular and special municipal elections and referenda.
(b) Since the town uses the State's voter Registration System as the source of its list of registered voters, it must enter into a written agreement with the Department of Elections that specifies the responsibilities of each party registering voters, maintaining voter records, and providing Election Day support.
(c) Persons appearing to vote shall present proof of identity and address.The identification shall be 1 or more of the following items:
(1)A current State of
(2)A uniformed service ID card;
(3)Another current photo ID issued by the State of Delaware, U.S. Government, the voter's employer, high school or higher education institution;
(4)A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or statement;
(5)A lease or sales agreement; and/or
(6)Any other documentation that a person can reasonably and commonly accept as proof of identity and address.
(d) Personal recognition by a majority of the Election Officers in the polling place can attest to a voter's identity and address.
§902.Persons Eligible to vote by Absentee Ballot.
Any
qualified elector who is duly registered may vote by absentee ballot in any
Town of
(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.
(2) Because such person is in the armed forces of the United States or the Merchant Marines of the United States, or attached to and serving with the armed forces of the United States in the American Red Cross, society of Friends, or United Service Organizations; or
(3) Because of the nature of such person's business or occupation, including the business or occupation of providing care to a parent, spouse or that person's child who is living at home and requires constant care due to illness or injury;
(4) Because such person is sick or physically disabled;
(5)
Because such person is absent from the Town of
(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 unavoidably absent from the Town on the day of the election.
§903.Candidate Eligibility.
(a) The Mayor.A candidate for Mayor shall be at least 30 years of age on or before the date of the election, shall have been a qualified elector and resident of the town of Elsmere for at least 3 years prior to the date of the election, and shall not have been convicted of a felony.
(b) Councilpersons.A candidate for Councilperson shall be at least 21 years of age on or before the date of the election, shall have been a qualified elector and resident of the Town of Elsmere for at least 1 year prior to the date of the election, shall at the time he or she files for office reside in the district for which elected, and shall not have been convicted of a felony."
SYNOPSIS
This Charter Amendment makes Elsmere's Charter consistent with the provisions of Title 15. |
Author:Senator Blevins