-NRLF w I W I, ,1 ' REGISTRATION AND Election Laws OF THE State of Delaware Incorporating Recent Amendments Thereto. Published by Authority of a Senate Joint Resolution by Joseph L. Cahall, Secretary of State. REGISTRATION AND ELECTION LAWS OF THE STATE OF DELAWARE, Incorporating Recent Amendments Thereto, PUBLISHED BY AUTHORITY OF A SENATE JOINT RESOLUTION BY JOSEPH L. CAHALL, SECRETARY OF STATE. 1906 PRESS OF THE DELAWAREAN, DOVER, DEL. 6) (b O « .» CHAPTER 240, VOLUME 23. Senate Joint Resolution authorizing the Secretary of State to have printed the Election Laws. Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met : That the Secretary of State be and he is hereby authorized and directed to have printed in pamphlet form with an index thereto, two thousand copies of the Election and Registration Laws with the recent amendments thereto, for the information of those who register the vote and hold the elections of this State. Approved, March 30, A, D. 1905. 25716? PREFACE. In compliance with Senate Joint Resolution authorizing the publication of two thousand copies of the Election Regis- tration Laws, I have included the recent amendments thereto, since the publication of the first compilation thereof, together v/ith Chapter 393, Volume 20, being "An Act to provide for the purity of Primary Elections in New Castle County," making the present Volume in all respects similar to the previous publi- cation of Election and Registration Laws, except that I have included in one pamphlet all of the said Laws, whether applica- ble to the City of Wilmington or the State outside of said City. The especial attention of the Registrars and Election offi- cers generally is called to the amendments made in the books styled "Registers" as to "color" and "age," found in Chapter 64, Volume 22; to the amendment made providing for the marking of official ballots by indelible black lead pencils or crayons instead of stamps, published herein in Chapter 62, Vol- ume 22 ; to "An Act creating the office of Voters Assistant and prescribing the duties thereof," found in Chapter 63, Vol. 22 ; to an Act relating to appeals from decisions of Registrars pub- lished as Chapter 56, Volume 23 ; and to an act changing time for opening polls in City of Wilmington, published as Chapter 57, Volume 23. JOSEPH L. CAHALL, Secretary of State- , » » > > Ba J > » > > s « > CHAPTER 35, VOLUME 21. AM ACT concerning the appointment of Registration Officers and the preparation and delivery of Registration Books. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : Section i. The Governor shall, sometime in the month of Governor to June in each year in which a general election is held, appoint in appoint Regis- each election district in this State, outside of the City of Wil- mington, three capable persons, who shall be voters and resi- Number. dent in the Election District for which they shall be appointed, Qualifications. who shall be the registration officers of the Election District for which they are appointed ; one of whom shall be designated as Designation. "Registrar," and the other two "Assistant Registrars," and not more than two of them shall be of the same political faith ; pro- Politics. vided, that the number of registration officers in each Represen- tative District, shall be divided as equally as possible between the two leading political parties, as the same shall be determ- ined upon by the Governor at the time of making the appoint- ments. For each appointment accredited to any political party Apportionment under this section the County Executive Committee of such 00- between two ,... 1 J 1 11 r • , 1 ^ 1 r 11^ leading parties. ntical party shall furnish the Governor on or before the first day of June of the year in which said appointment is to be t^on°of"Ime^s'. made a list of three names of properly qualified persons, from which lists the Governor shall make his appointments. Pro- t- . , •111 1 •!■ ^ • ^ 1- r r -11 li™e of fur- vided, however, that if the said lists of names are not furnished nishing names, as aforesaid, then and in that event the Governor shall appoint some suitable person or persons of such political party having Failure to fur- all the quaHfications provided by this section. nish names. Provided, however, that in the case of the Registration of- Registration ficers to be appointed in this present year nineteen hundred and officers for isgs. four, the appointment of the said Registration officers shall be made sometime between Saturday, the eleventh day of June, Time of and Saturday, the twenty-fifth day of June in said year ; and appointment, provided further, that the lists of names to be furnished by the County Executive Committees from which the appointments of Time of fur- such Registration officers shall be made, with regard to those "'^^'"^ names, to be appointed in the year aforesaid shall be furnished not later than Saturday, the nth day of June in the year aforesaid. The terms of office of such Registration officers shall begin on xerm of office^ the first Tuesday in July next after their appointment, and shall continue for two years thereafter, and until their successors shall be duly chosen and qualified. 8 WhenAlternate Registrar acts. Towers and duties. :S'L Re^irJfof oVclflf le°le*:.ater;A t?-?''^""^^ who shall be a vot^r an^d resTde™ if "?h'/?%-"P"5'.<= P"'°"' x„„o.o«.. which.he shall be appo^l^^to't'-A^t r at?R"e4strar" [or the said election d strict The tprm of r.f(^l t -/.fr, ^°^ Registrar," shall be the same IsThat ni\u 'p ^ 'Alternate whenever the Registrar provided fori This Ac't ^hallt/"' '"' ab e from any cause whatsoever of performing th. H r '^P' tii:^.l^ r-s??a?." '■- p--"^ ^o''r„fptc.^ So"t^a'r ^'^ ,,^ ";, B"t nothing herein contained shall authorize or em power the Alternate Registrar to act at anv time when there 1" a Registrar of the election district able and wihing and presen to act. If any Registration officer or Alternate Registrar shTi lemove from the election district for which he shall'be anno nf ^om^vtlt;^^^ '^ '' ' '-'- ''---' ^- offict ther:upr^be: of J^^' . ^^ ^"/ ';^c^"cy or vacancies should occur in the office fore ife r'- ^.''''''f ^f^^^^^^^' ^' Alternate Regis trai be- foie the expira ion of such term, from any cause whatsoever tle Governor shall appoint some suitable person oi persons to fil such vacancy or vacancies, who shall serve for the residu? of such unexpired term or terms, who shall possess the sLne qualifications and be qualified in the same mannSr possess the same powers and perform the same duties as the' or°t S t- ^TllnJX''''T- .^f' ^^^^^^'■^^' Assistant R^Sstr^r office halT fa £'fT''/''^°r f '/""^ "P°" '^'^ ^"ties^of his omce, shall take and subscribe before the Clerk of the Peace affi ^' .^^""'^ \" 7^^^'^^ ^'' ^^^^" ^^^i^le the following oath o? TzTcrto^TdU's^fr:'^ '''' ""'"'^ °^ '''' ^^^ ^^ ^--'?>- -'^'-'- Pn -.!>'. solemnly swear (or affirm) that I will support the ■Sta e of n ? °^ '^'' ^."^^ ?'"'^^' ^"^^ t'^^ ConstitutioL of the of til offi ?!?' ^-'f ^^'^} ^ '''^" faithfully discharge the duties of the office of Registrar or Assistant Registrar or Alternate Registrar for . Election District in" Re, resen- fairly, impartial y and according to the best of mv abilitv ; that'l am a ci izen of the United States, and of the State of Delaware, and i am not a candidate tor any office to be voted for by the Vacancies in office of Registration officers Governor to fill vacancies for residue of term "Qualifications. Oath. IForm of oath. •electors of the election district for which I am appointed Regis- trar (Assistant Registrar or Aletrnate Registrar), and that I am a quaHfied voter in said election district." IV. Should the said Registrar (Assistant Registrar or Becoming •either of them or Alternate Registrar) after taking said oath offi"e'ufcrJai and before entering upon the active duties of said office become a vacancy ;a candidate for any office to be voted for by the electors of the election district for which he is appointed Registrar, Assistant Registrar or Alternate Registrar, the said office shall ipso facto become vacant and be filled by the appointment of another per- vacatfcies. son to the same. After any Registrar, Assistant Registrar or Alternate Registrar shall have entered upon the active duties rstobe of his office he shall thereby become ineligible to any office to ineligible to be voted for at the next ensuing general election. °^'^^- *t> &' Section 2. Each and every person appointed as aforesaid Qualification to act as Registrar, Assistant Registrar or Alternate Registrar ^^' °^'^- ■shall qualify as such Registrar, Assistant Registrar or Alter- nate Registrar by taking or subscribing the oath or affirmation prescribed in the preceding section, within ten days after being notified of his appointment, and shall perform the duties of the office for the term for which he was appointed, unless he shall become disqualified by sickness or otherwise ; but any Regis- Time trar. Assistant Registrar or Alternate Registrar who shall be appointed to fill a vacancy shall qualify forthwith. If any Registrar, Assistant Registrar or Alternate Regis- Refusal to trar who, being appointed either for a full term or to fill a va- '^"^'y*" cancy, shall refuse to qualify as aforesaid, or, having qualified, shall fail or refuse to perform any of the duties of said office he shall forfeit and pay to the State a fine of one hundred dollars upon conviction thereof by indictment in the Court of General Penalty, 'Sessions of the county where such offence was committed. The Registration officers aforesaid during the time they Exemption hold such office shall be exempt from the performance of mill- MuTtary^dutj tary and jury duty, and no person who by the laws of this State Exemption is exempt from jury duty shall be required to serve as Registra- asTef^u-ati. tlOn officer. officers. Section 3. It shall be the duty of the Governor to cause preparation < the following books to be prepared, at the expense of the State, books, for the use of the said Registration officers in each election dis- trict in this State including those in the City of Wilmington for the registration of names and facts following, to-wit : I. Two books for the Registration officers in each elec- Registers. tion district, including those in the City of Wilmington, to be Iknown by the general name of "Registers," and to be so ar- lO ranged as to admit of the convenient entry of the following par- ticulars : Entries. F'irst. The name of the person applying to be registered^ written in full (or his first christian name, and also any other name by which he is generally known, written in full, with the initial or initials of any other name or names which he may have in addition thereto.) Second. Whether his registration fee is paid or unpaid.. *Third. His color. tFourth. His age. Fifth. The place of birth. Sixth. The place of his residence, of street and number, if any, and his post office address. Seventh. The time of his residence in the State, county^ and election district in which he shall apply to be registered. Eighth. If naturalized. Xinth. If registered voter. Tenth. If disqualified. Eleventh. Date of application for registration. Twelfth. If challenged. Thirteenth. Cause of challenge. Fourteenth. Appeal. Fifteenth. Remarks, explanatory and supplementary. siyie of books. H- Such Registers shall be uniform in their general char- acter, shall be ruled in parallel columns, and shall be of such size as to contain not less than fifteen hundred names. Ruling and ^I- The ruHug and the heading in the above described headings. Registers shall be substantially in the form following, to-wit : Name Registration Fee *Coior tAge Nativity Residence ::::'';;..".'.'.'.'.;.cSi^^v* ;■.;■.;■■.■■.;■.■.; | jermof Election District .... 1 Residence. Naturalized Registered Voter Disqualified Date of Application If Challenged Cause of Challenge ♦Amended. See Chapter 64, Volume X.XII. tAmended. See Chapter 64, Volume XXII. II .Appeal . .Remarks Second. Tw^ books for the Registration officers of each le^stg'^g^j election district, to be known by the name of "Books of Regis- voters, tered Voters." Lists of all persons whose names may be en- tered on the aforesaid as "registered voters." Said books to be ruled in parallel columns and so arranged as to admit of the Rulings. convenient entry in alphabetical order of the name of every per- son who may be entered on the registers aforesaid as a "Regis- tered Voter," and in the parallel column opposite the name of such person the following particulars, to-wit: First. His residence. *Second. His color. fThird. His age, if it is between the age of twenty-one and twenty-two years on the day of the next general election. Fourth. A book to be known as "Registration Certifi- cates," to contain not less than fifteen hundred blanks and Registration printed in manner and form as hereinafter provided. Section 4. The Sheriff of each County shall, some time Delivery of previous to the last Saturday in the month of July, in the year gheriV'^ of holding the general election, deliver to the Registrar of each election district of his county, two of the books known as "Registers," two of the books known as "Books of Registered Voters," and a book of Registration certificates hereinbefore provided for; which said books addressed to the Registrar of Governor to de- each election district of the County, the Governor shall cause nver books to to be delivered to the sheriflf in each of the counties of this State on or before the Third Tuesday in July in the year of where, holding the general election. Section 5. Each of the said Registrars immediately upon Endorsement receiving said "Registers," "Books of Registered Voters" and Re^fstrar^^ book of "Registration Certificates" shall endorse upon the back and write at the head of each "Register," "Book of Registered Voters," and "Registration Certificates," delivered to him as aforesaid, the name of the county and the name of the election district of such county of which he is a registrar and of which such books shall respectively be the "Registers," "Books of Registered Voters" and book of "Registration Certificates" as aforesaid. Section 6. All Acts and parts of Acts supplied by or in- consistent with this Act are hereby repealed. Approved May 20, A. D. 1898. ♦Amended. See Chapter 64, Volume XXII. tAmended. See Chapter 64, Volume XXII. 12 CHAPTER z^, VOLUME 21. AN ACT providing for a Uniform System of Begistration of all Qualified Voters in this State. Be it eyiaded by the Seriate and House of Representatives of the State of Delaware in General Assembly met : General Regis- Scctioii I. That for the purposc of preventing: fraud at all (ration of voters, elections held on the Tuesday next after the first Monday in P'jrpose. the month of November, as provided by Section i of Article 5 of the Amended Constitution, and facilitating the ascertain- ment of those who are duly qualified electors according to the said amended Constitution and laws of this State, there shall hereafter be a general registration of all the qualified voters res- ident in each election district of this State. Duty of Regis- tration officers. Sittings for registration. Places. Hours. Days. Section 2. It shall be the duty of the Registrar and two Assistant Registrars appointed in each election district in this State to register the names of all qualified voters in each of such election districts as hereinafter provided in this Act. And to that end shall sit for the purpose of ascertaining and regis- tering the persons who are qualified to enjoy the right of an elector at the general election then next following, at such pub- lic and suitable places in their respective election districts as will, in their judgment, be most convenient for the voters there- of, from 8 o'clock A. M. until 7 o'clock P. M., with an intermis- sion from 12 to I o'clock, on the three successive Saturdays in August, beginning with the first Saturday in August, and on the third Saturday in September, and on the third Saturday next preceding the day of election. Notices of places Each of Said Registrars, at least ten days prior to the first of sitting. sitting for the purpose of registration as aforesaid, shall give public notice, by advertisement, posted in ten or more of the most public places in his election district, of the places where the Registration ofificers shall sit for the registration of voters as aforesaid, and the day or days when they will sit at each of said places. Section 3. The Registration officers shall admit into the room in wliich registration is being made one suitable person to be selected by and to represent each of the political parties having tickets to be voted for at the coming election the appli- cants for registration (one at a time) and such witness or wit- nesses as the applicant may desire to establish his right to be Persons who are admitted in room. 13 registered, and such witness or witnesses as the person who challenges the right of any applicant to be registei-ed as he may Limitation of name provided, however, that in no case shall there be more ^^^nesses in . ^ . . - . . room. than one witness m the room at the same time, and provided further that no other person or persons shall be admitted into other persons the room during the registration of voters, and they may eject "°'^^'"'"^^- from the room any of such persons behaving in a disorderly Ejecting manner. persons. Section 4. The Registrar and the Assistant Registrars in Registration each election district in this State shall at the times in this Act o^^ers to meet, designated for registration meet in their respective election dis- tricts at the places which, as provided in this Act shall be desig- nated for such meeting, and at such times shall do and perform the following acts, viz : First. Upon the personal application of any one to be collection of registered, it shall be the duty of the Registrar to demand and Registration receive of the applicant, the registration fee of one dollar,which shall be returned to the said applicant if his name shall not be entered on the books of Registered Voters as a "Registered Voter." Second. They shall record in the registers in the column Recording name head "name" the name of every male person who shall person- ofappUcant. ally appear before them, and apply to be registered, writing his surname and first Christian name in full and also any other name by which he is generally known, with the initial or ini- tials of any other name or names which he may have in addition thereto, the surname being written first. The names of said applicant for registration shall be numbered consecu- tively in the order of their application, the number being en- tered on the Registers in figures immediately before each name. Third. They shall examine all persons, who personally Examination of apply, as to their qualifications as electors, and shall immediate- applicants and ly enter in the Register the statements and facts below set forth, and in the manner following, viz : I. In the column headed "Registration Fee" the word Registration fee. "paid" or "unpaid," as the case may be. *IL In the column headed "color," they shall enter his coior. color. till. In the column headed "age," the age of the appli-^ge. cant. IV. In the column headed "nativity," they shall enter the Nativity. ♦Amended. See Chapter 64, Volume XXII. •j-Amended. See Chapter 64, Volume XXII. 14 Residence. Term of residence. Naturalization. Registered voter. Disqualified. Qualifications for registration as qualified »'0ters. Who may not acquire residence. Disqualifica- tions. State, territory or country in which the applicant states he was born. V. Under the cokimn "residence" the name and number of the street, avenue, or other location of the dwelling, if there be a number, and if there shall not be a number, the post office of the person so applying for registration, or such other clear and definite description of the place of said dwelling as shall enable it to be readily ascertained, fixed and determined. VI. In the subdivision of the column headed "term of res- idence," how long he has resided in the State, how long in the County and how long in the election district in which he applies to be registered. VII. In the column headed "naturalized" the words "yes" or "no" or "native" as the facts shall appear. VIII. In the column headed "registered voter," if the regis- tration officers shall be satisfied, upon examination or other- wise, that the applicant for registration is entitled to be regis- tered as a registered voter, they shall write his name in full as written in the first column. IX. In the column headed "disqualified," if they are sat- isfied upon examination or otherwise, that the applicant for registration is disqualified as an elector in the election district in which he shall apply to be registered, a line shall be heavily drawn in ink opposite his name headed "Registered Voter" and the cause of his disqualification shall be briefly stated in the column headed "disqualified," opposite his name as first re- corded, and a line shall be drawn across his name as first en- tered, but in such manner that said name shall remain legible. Provided that every applicant for registration shall, upon pay- ment of the registration fee, be held and considered to be a qualified voter, if he be a male citizen of this State of the age of twenty-one years and upwards, or who will 'be the age of twenty one years on or before the day of election, next suc- ceeding his registration, and will have resided in this State one year next before such election, and for the last three months thereof will have been a resident of the county, and for the last thirty days a resident of the election district in which he may ofTer to vote and in which he shall have been duly registered; provided that no person in the military, naval, or marine ser- vice of the United States shall be considered as acquiring a res- idence in this State, by being stationed in any garrison, bar- rack, or military or naval place or station within this State ; and no idiot, or insane person, pauper, or person convicted of a crime deemed by law a felony or, person who shall have been rendered incapable of voting by reason of violating Sec- 15 •tion 7 of Article 5 of the Constitution of this State for ten years next following his conviction and sentence thereunder, shall be held or considered a qualified voter. X. In the column headed "Date of Application," they Date of :shall enter the day of the month and year on which application ^ppi'^a"©"- for registration is made. XI. In the column headed "if challenged" the words "yes" challenges. or "no." XII. In the column headed "cause of challenge," they Cause of «hall enter the objections and by whom made. chaUenge. XIII. In the column headed "Appeal" they shall answer Appeal •''yes" or "no." XIV. In the column headed "remarks" they may enter Remarks, such facts or statements as they may deem pertinent to the ■qualification or disqualification of the applicant as an elector. Fourth. In making the entries hereinbefore specified the Registration officers shall in every case, make such entries in rf°rlgL"tratton the columns above specified opposite the name of the applicant of applicants in • -11 1 • r 1 T-> • ■ case of QOUDt. to whom such entries are intended to apply, if the Registration officers shall be in doubt, after the primary examination of the applicant for registration, and upon such evidence as may be immediately obtainable, whether such applicant ought to be registered as a registered voter, they may postpone the determ- ination of the matter to their next sitting or to a later sitting at the request of the applicant. Fifth. It shall be the duty of the Registration officers of signing each each and every election district in this State, upon the close of registration. each day's registration, to write in the line on their registers, immediately below the last person registered on said day the words "end of the day's registration," and immediately under said entry the said Registration officers shall sign their respective names with the proper designation of their office. The said entries shall in no way interfere with the numbering Not to interfere of the names of the persons as the same shall be entered upon o/'nameT.''^""^ said registers, but the same shall be continued as if the said entries had not been made. Section 5. If, upon the personal application of any one in case of to be registered, he shall be challenged for having received or tribSfet^c.'! accepted, or for having offered to receive or accept, or for hav- °^^i^°'^rgj ing paid, transferred or delivered, or for having offered or ^ promised to pay, transfer or deliver, or for having contributed •or offered or promised to contribute to another to be paid or used any money or other valuable thing as a compensation, in- i6 Form of oath. Oath to be conclusive evidence. False oath, perjury. Refusal to make oath. Entry of disqualification. Entries in books of registered voters in presence of applicant . Certificate of registration. Form of certificate. ducement or reward for the registering or abstaining from reg- istering of any one qualified to register, it shall be the duty of the Registrar to administer to the person so challenged an oatb or affirmation as follows, viz: "You do solemnly swear upon the Holy Evangels of Al- mighty God (or 'You do solemnly sincerely and duly declare and affirm') that you have not received or accepted or offered to receive or accept, or paid, transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or off- ered or promised to contribute to another, to be paid or used,, any money or other valuable thing as a compensation, induce- ment or reward for the registering or abstaining from register- ing of any one qualified to register at the registration for this present year, so help you God" (or "so you do solemnly, sin- cerely and truly declare and affirm"). Such oaths or affirmation shall be conclusive evidence tO' the Registration officers of the truth of such oath or affirma- tion ; but if any such oath or affirmation shall be false, the per- son making the same shall be guilty of perjury, and on convic- tion thereof shall bar any prosecution under Section 8 of Arti- cle 5 of the Amended Constitution. If any person so challeng- ed as aforesaid, shall refuse to make the oath or affirmation above prescribed, then it shall be the duty of the Registration- officers to cause a line to be heavily drawn in ink opposite his name in the column headed "Registered Voter," ancf the col- umn headed "Disqualified" to insert the words "disqualified for refusing to make the oath concerning bribery at registration," opposite his name as first recorded, and a line shall be drawn across his name as first entered, in such manner that said name shall remain legible. Section 6, When the Registration officers of any election district in this State, at any of the sittings hereinbefore pro- vided for, shall enter in the Registers the name of any appli- cant for registration as a registered voter, they shall immediate- ly thereafter enter, in the presence of such applicant, if he re- mains in attendance, in its proper alphabetical place in the "Book of Registered Voters," heretofore provided for, the name of such applicant, and also his residence, and color, and his age, if he will be between the ages of twenty one and twen- ty-two on the day of the next following general election. II. And the Registrar shall give to each person who is registered as a registered voter and who may request it a cer- tificate to the following effect : Election District, in Representa- tive District, in County, State of Delaware. 17 Dated day of ig I do hereby certify that has this day been registered as a registered voter in the election district above mentioned, and that his number on the registers is num- ber (Signed) Registrar for Election District, in Repre- sentative District, in County. III. The said Registration officers shall within one week printing or after their third sitting as aforesaid cause to be printed not less ^i^s of^^e'^fj. than fifty copies of the alphabetical lists of registered voters as tered voters, contained in the "Book of Registered Voters," together with the entries opposite the names in said books, and shall within the said week cause one of said printed copies of each of said lists to be posted in at least ten of the most public places in posting of nsts,. their election district, and shall use the remaining copies in such a manner as in their judgment will be most likely to secure publicity and general inspection. Section 7. Upon the affidavit of a legal voter in an elec- Review of deds- tion district, made before any person authorized by the laws of ion of registra- this State to adminster oaths and represented to the Registra- affida^t? tion officers of the election district, of which said affiant is a voter, that in his opinion any person (naming him) is illegally registered in such election districts as a registered voter and setting forth the reasons therefor, it shall be the duty of the Registration officers to examine into the matter of the registra- tion of such persons, and, if said Registration officers deem it a proper case for a hearing, notice shall be given to such person, Hearing, either personally or in writing, in the manner hereinafter pro- Notice of_ vided, to appear before the said Registration officers at their next sitting to show cause why his name shall not be stricken from the "Books of the Registered Voters" of such election dis- trict. And if upon examination an inquiry the Registration . . officers shall be satisfied, at the sitting at which such person of decision to ' had notice to appear, that he ought not to be registered as a ""''^ °^ "^""^^ registered voter, a heavy line shall be drawn in ink through his name in the column headed "Registered Voter," and a line shall be drawn through his name as first entered, but in such manner as said name shall remain legible, and the cause of his disquali- fication shall be briefly stated in the column headed "Disquali- fied," and in the column headed "Remarks," opposite his said name shall be written the words "adjudged disqualified on re- vision by the Registration officers," and the date when his dis- qualification was ascertained as aforesaid and in the books of "registered voters" a heavy line of ink shall be drawn through his name, his residence, his color and his age. i8 Application to officers. Certified copy eniries and certificate. Registration in other district. Proviso as to residence. Remov.xi froni Sectioii 8. If aiiv pcrsoii registered as a registered voter, «gi's"ered.'*'^'*''' in any election district in this State, shall, after he is so regis- tered, remove from the district in which he is so registered to any otiier district in the county, he may apply in person to the registration officers of the election district in which he is reg- istered and have his name stricken from the "Registers" and from the "Books of Registered \'oters" in which his name shall appear, and may obtain from said registration officers a certi- fied copy of the entries in the register relating to him, together with a certificate that his name has been stricken from the reg- ister and books of registered voters, as aforesaid ; and it shall be lawful for him. after his name shall be so stricken from said registers and book of registered voters, to cause himself to be registered in the election district to which he may have re- moved upon producing the aforesaid certificate and copy of entries in said registers and books of registered voters; pro- vided that by the next following general election he will have acquired in the election district to which he has removed the residence required by the constitution. And the registration officers to whom such persons may apply to have his name stricken from the registers and books of registered voters shall draw a line in ink through his name and all the entries opposite his name in said registers and books of registered voters, and in the column in the registers headed "remarks" shall enter "removed from this election district into election district in this County," and shall prepare and deliver to him the certi- fied copy of entries and the certificate aforesaid. Quorum and Scctiou 9. At cvcry sitting of said Registration officers ?i^n officfrs^"^^' ^^^'*-^ shall coustitutc a quorum and the acts of a majority shall be as valid as the acts of all of them. II. In all cases where written notice is required by this act to be given to any person such notice shall be deemed suffi- cient if addressed to the person to be notified at the postoffice named by him, at the time of his application for registration, and deposited in the mail not later than the Wednesday next preceding the sitting of the Registration officers at which he may be notified to appear. Section lo. It shall be the duty of the Registration offi- cers, immediately after the close of their last sitting, carefully to compare the two Registers, and see that they agree with each other in every particular, and also to compare the alpha- betical lists of "Registered Voters" as contained in the "Books of Registered Voters" aforesaid, with the said Registers, and to see that the name of every person entered upon the Registers as a Registered Voter is entered in its proper alphabetical place on each of the two lists of Registered Voters, together with the Entries in case of such applica- tion. Written notice what sufficient. Comparison of Registration Books. 19 residence and color, and also the age if it be between the ages of twenty-one and twenty-two years on the day of the next general election, as entered on the Registers. And if any name in the Registers which ought to have been entered on said al- phabetical lists of Registered Voters shall have been omitted ^°-^e^*n e therefrom, it shall be the duty of said Registration officers to °'°' ^ "^"i^?- «nter such name in its proper alphabetical place, on the proper alphabetical lists, together with the proper entries as they ap- pear on the said Registers. II. And it shall be the further duty in such comparison of correction of the alphabetical lists with the Registers to make such correc- ^°°'^*- tions on the alphabetical lists as will make the names and en- tries appearing on the alphabetical lists agree with the same names and entries as entered on the registers. It shall also be the duty of the said Registration officers, within three days af- ter their last sitting, to append to each of said alphabetical lists Certificate to be of "registered voters" contained in said "Books of Registered Cooks.'^"'' '° Voters" a certificate, verified by the oath or affirmation of said Registration officers, or at least two of them, that the said ''Book of Registered Voters" contain a complete list of the registered voters of said election district, as the the same are entered in the "Books of Registered Voters" of such election 'district. III. And the said Registration officers shall, within the certificate to be three days aforesaid, also append to the registers of their elec- ffj'^ist'^ers '° tion districts a certificate that each of said Registers is the offi- cial Register of such election district, and, so far as within their knowledge, no false or improper entries have been made there- in, which certificate shall be made and verified by at least two of said Registration officers. Section ii. From the decision of the Registration officers , , „ • . . . . ., . ° . . Appeal to Resi- ;grantmg or refusmg registration, or striking or refusing to dent Associate strike a name or names from the Registration lists, any person judfe."'^ °'^" interested, or any Registration officers may appeal to the Res- ident Associate Judge of the county, or in case of his disability or absence from the county, to any Judge entitled to sit in the Supreme Court, whose determination shall be final, and in or- t-. . . ^ i . ^ -1 1 • 1 ,1 t r 1 Decision final. ■der to prosecute said appeal it shall be the duty of the person taking the same to notify the "Registrar" of the election dis- Notice to tiict from the decision of whose officers said appeal is taken Registrar, stating in said notice the time when said appeal will be pre- sented to the resident Associate Judge of his county or such Judge of the Supreme Court as may sit for the purpose of re- ceiving and hearing such appeal which time shall be one of the Time of hearing ■days hereinafter named for such resident Associate Judge or ^^^* 20 Official bond of Registrar. Amouut. Form of Bond. Judge of the Supreme Court to sit for the purpose of receiving and hearing appeals. Section 12. Each Registrar shall, before entering upon the duties of his office give bond to the State of Delaware, with at least one or more sureties to be approved by the Clerk of the Peace of the county wherein such Registrars resides, in a penalty to be determined by the said Clerk of the Peace, and to be, as nearly as can be ascertained, double the amount which such Registrar is required to collect as registration fees, of and from all voters who may be registered in his election district^ the form and condition whereof shall be as follows, viz : KNOW ALL MEN BY THESE PRESENTS. That we of County and State of Delaware, are held and firmly bound unto the State of Delaware in the penal sum of lawful money of the United States of America, to be paid to the said State of Delaware or its certain attorney, or assigns, to which payment well and truly to be made we jointly and sever- ally bind ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals and dated this day of in the year of our Lord one thousand eight hundred and ninety The condition of the above obligation is such, that if the above being Registrar of Election District in Representative District in County, shall faithfully and diligently collect and receive all registration fees which he shall as such Registrar, be required to collect of and from all persons who may be registered as registered voters in his said election district, and shall pay over the amount so re- ceived to the Receiver of Taxes and County Treasurer, or County Treasurer of his County in the manner and within the times prescribed by law, then the above obligation shall be void and of no effect or else shall be and remain in full force and virtue. And further, we do hereby jointly and severally authorize and empower any attorney of any Court of Record in the State of Delaware, or elsewhere, to appear for us, and each or either of us, at the suit of the said State of Delaware or its assigns, and thereupon to confess judgment for the above penalty to the said State of Delaware or its assigns, as of the last, next, or any other term or time after the date hereof. And further, we do hereby jointly and severally release all 21 and all manner of error or errors in any such judgment and execution to be issued thereon. Signed, sealed and delivered in the presence of (Seal.: (Seal.) (Seal.) II. The surety or sureties required in the foregoing may who may be te some Trust Company or Surety Company authorized to do ^"'■^'y °'^ ^°'^^- business in this State and to enter into suretyship. III. The said bond after being executed as hereinbefore Filing of Bond, provided, shall be filed in the office of the Clerk of the Peace of the county by whom it was approved subject to the order of the Receiver of Taxes an'd County Treasurer or County Treas- Registrar to urer as the case may be. fra^ionfe/s^.^'"' Section 13. It shall be the duty of the respective Regis- trars appointed under this act to pay over to the Receiver of Taxes and County Treasurer, or County Treasurer of the county in which he is Registrar, all moneys which shall have come to his hands as such Registrar by the payment of regis- tration fees, on the Thursday next succeeding the day of the^j^^^g^j general election in the year in which he shall have received payment. such fees, and in default thereof, it shall be the duty of the Re- ceiver of Taxes and County Treasurer, or County Treasurer as p^iiure, the case may be, to cause judgment to be entered on said bond judgment on in the Superior Court in and for the county, and to proceed to collect such sum as shall remain due and unpaid by the said collection of Registrar, provided nevertheless, that it shall be the duty of the said Receiver of Taxes and County Treasurer, or County Treasurer, upon the request of any surety or sureties in said bond or whenever in his judgment, the interest of the State demands, to cause judgment to be entered on Entry of bond said bond at any time after the execution thereof with power sur'e^les*' °^ to enforce collection of the same, if payment is not made as above provided for. Section 14. That whenever it shall become the duty of any Alternate Regis- Alternate Registrar appointed under the provisions of this Act [ng'^is^'Regittr istrar to discharge and perform the duties of the registrar he shall on |°^7i°J'"/^" the evening of every day on which he shall act as such registrar pay over to the registrar of his election district and in whose place he shall have acted, or his legal authorized agent or attor- ney, all moneys which shall have come to his hands as registra- tion fees, and such payment shall be his discharge from all lia- bility for or on account of the moneys so received ; and upon failure to pay over the whole or any part of the moneys re- Failure. 22 Penalty, Duties of Assis- tant Registrars to make entries. Additional duty of Registrars. Sitting of Judges to hear appeals. ceived by him as registration fees while acting in the place of said registrar at any one sitting, on the evening of the day as herein required or within three days thereafter, he shall be deemed guilty of a misdemeanor and upon indictment and con- viction thereof shall be fined in any sum not exceeding five hun- dred dollars to be determined by the Court and which shall not be more than double the amount that it shall appear to tlie said Court, that came into his hands as registration fees, or shall be imprisoned for a term not exceeding one year or both at the discretion of the Court. Section 15. It shall be the duty of the assistant registrars in this Act provided for to make all the proper entries in the "Registers" and "Books of Registered Voters" as the same are required by this Act to be made, except such entries as are pro- vided for in Section 16 of this Act; and it shall be the duty of the registrar, in addition to the other duties required of him, tc fill up, prepare and deliver all certificates of registration that may be required by registered voters, and to receive and file all affidavits which may be filed. Section 16. It shall be the duty of the resident Associate Judge of New Castle County to sit at the Levy Court room of New Castle County, and the resident Associate Judge of Kent County to sit at the Lev}^ Court of Kent County, and the resi- dent Associate Judge of Sussex County to sit at the office of the Clerk of the Peace for Sussex County, or if said places can- not conveniently be had, then at such proper and suitable places in the county seat of the respective counties of this State as shall be designated by notice signed by the said resideiTt Asso- ciate Judge of his county, and posted on the door of the re- spective places aforesaid, stating where he will sit 'for the pur- pose of hearing appeals from the decision of the Registrars in the respective election districts in this county on ^Thursday next following the third Saturday of August, in the year in which registration is required by law to be made, at 10 o'clock in the morning of said day, on which day he shall receive ap- Hearing appeals peals from such persous as shall have appealed from the deci- sion. of the Registration officers of the respective election dis- tricts in his county, which shall be presented on said day, and he shall proceed to hear all appeals which shall have been filed as aforesaid on said day, and may continue the hearing of any such appeal or appeals from day to day during the remainder of the week, and shall sit again on the tTuesday next following for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon |the previous week, and also ♦Amended. See Chapter 56, Volume XXIIl. fAmended. See Chapter 56, Volume XXIII. lAmended. See Chapter 56, Volume XXIII. Time of sitting in August. Hour. 23 such as may be presented and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day during the remainder of the week, and until all appeals which shall then have been filed shall have been heard and decided. The said resident Associate Judge shall sitting in- again sit for the purpose of hearing appeals as aforesaid on the September. Tuesday next following the last day of registration as pro- vided for in this Act, to receive appeals from such persons as- shall have appealed from the decision of the Registration offi- cers of the respective election district in his county as aforesaid, made on the said last day of registration, and any other appeal or appeals which for any cause he may have continued from a preceding sitting, and shall proceed to hear all appeals which shall have been filed as aforesaid, and may continue the hearing of any such appeal or appeals from day to day during the re- mainder of the week, and shall sit again on the Tuesday next following, for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon the previous week, and also such as may be presented and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day during the remainder of the week, and until the close of the day next preceding the day of the election ; '^provided, that all appeals which shall have been oath that delay taken from the decision of the Registration officers made at appS was^Lt their sittings in August and September, and which shall be pre- to hinder or de- sented to the resident Associate Judge at his sitting on the Tuesday next after the last day of registration as aforesaid to hear appeals, shall not be received and acted on unless the ap- pellant shall make oath before the said resident Associate Judge that the delay in presenting his saici appeal was not for the purpose of hindering or delaying the said resident Associate Judge or the officer of registration in his election district in the discharge of the duties imposed upon them respectively under the provisions of this Act. . ^ -^li^^v^ . .- II. No appeal shall be received and acted upon ' by the j^^^^^-^^ ^^ resident Associate Judge unless the appellant shall, at the time notice of appeal, of presenting his appeal make an affidavit, that notice of his intention to present his appeal on this day was served upon the Registrar of his election district; any person applying to the said resident Associate Judge to have any name appearing on the register and books of registered voters in his election dis- trict in any manner incorrect to be corrected shall notify the Notice to Regis- Registrar of the election district on whose books such name is uon for^^^ "^*" incorrectly entered of his intention to make application for the corrections., correction thereof, so that the said Registrar shall and may be ♦Amended. See Chapter 56, Volume XXIII. 24 present with his register and books of registered voters to make such corrections therein as the said resident Associate Judge shall order and direct ; provided, that no correction shall be ordered to be made by the said resident Associate Judge un- less he shall be satisfied by the oath of the applicant or other- wise that notice of the intended application for correction shall have been given to or served upon the Registrar of the appel- lant's election district of his intention to make said apphcation. Serving of notice ^^^ notices required to be given or served by the provisions of this section upon any Registrar shall be so given or served per- sonally at least three days before the application is made or by leaving, in the presence of an adult male person, a written copy of such notice at the usual place of abode of such Registrar, at least three days before the application shall be made, and no Application for application for correction or for the hearing of an appeal shall appeals notTo be be heard upon any day which is set apart by this Act as a day SraHo^lf.^ "^ for ^hc registration of voters. III. Upon the decision of the respective resident Asso- ciate Judges on each and every appeal, the resident Associate Sr^makP"*^^^ Judgc making the decision shall order and direct the Registrar entries. o'f the elcction district from the decision of whose Registration officers the appeal shall have been taken, and who shall be pres- ent with his "Registers" and "Books of Registered Voters" as hereinafter provided, to make such entries in his "Registers" and "Books of Registered Voters," as such Registrar is au- thorized by the provisions of Section 4 of Article V of the Con- stitution of this State and by the provisions of this Act to order and direct to be made and as are required by law to be made ii; said "Registers" and "Books of Registered Voters" by the Registration ofificers in case where a person is entitled to be RegiS'tered as a Registered Voter, upon the payment of the Registration fee as hereinbefore provided, or as any one who is disqualified. Duties of Resi- IV. All dutics wliich are imposed upon the resident As- a^pPtojud°e sociate Judge of the County by the provisions of this Act and of Supreme especially of this section shall be and they are hereby imposed place of sucV" upon and required to be performed by such Judge of the Su- Resident Judge, pjeme Court as shall at any time be sitting in any of the Coun- ties of this State for the purpose of hearing appeals under this Act, in lieu of the resident Associate Judge of the County when he shall be unable to sit either from disability or absence from the County. ■Regisuar to be Scctiou 1 7. In Order that the Registrar in each and every custodian of election district in this State, may be enabled to perform the duties especially required of him by this Act, he shall retain and keep possession of and be responsible for the "Registers" 25 and "Books of Registered Voters" and book of registration certificates of his election district at all times excepting when being used by the Registration officer of his election district for the purpose of registration ;• and it shall be his duty to attend ^g"^?^'^^"" ^' and be present at all hearings of which he had notice before the appeals, residerit Associate Judge of the County or such Judge of the Supreme Court as may be sitting for that purpose, of appeals which shall have been taken from the decision of the Registra- tion officers of his election district and also upon the hearing for the correction of any name or names on his ''Registers" or "Books of Registered Voters" improperly omitted or improp- erly appearing or in any manner incorrect thereon, and to have with him the said "Registers" and"Books of Registered Voters" and to make such entries in said books respectively as said resi- dent Associate Judge or Judge of the Supreme Court for the purpose of hearing such appeals and make such corrections, may order and direct. Section i8. All the powers and duties conferred or en- Alternate Regis- joined upon Registrars by any of the provisions of this Act, are [[^g'tohlve^ai'i hereby expressly made the powers and duties of all Alternate po^ve^s and Registrars in the absence of the Registrar from his election dis- Regtlt^Ir. trict, or his disability to perform the duties imposed upon such Registrar by any of the provisions of this Act; and in order to enable the Alternate Registrar to perform the duties in this Section imposed upon him, it shall be the duty of the Registrar ^^^^^ ^^^ to deliver or cause to be delivered to the Alternate Registrar, papers to be the Register, Book of Registered Voters, and Book of Registra- AUemate'° tion Certificates in the custody or possession of such Registrar, Registrar, and all notices of appeal which shall have been served upon him, whenever it shall be the duty of the Alternate Registrar to act in the place and stead of such Registrars as provided in this Section. Section 19. It shall be the duty of the Registrar in the ^^^.^^^^^ ^^ respective election districts of this State, on the morning of the deliver books to day of the general election and one hour before the opening '"^peco--. of the polls for said election, to deliver to the inspector, or other person authorized to hold said election in his, the said Registrar's election district, one of said "Registers" and one of ■said "Books of Registered Voters" in his possession, certified to as hereinbefore provided. And the other of said "Registers" together with the other of said "Books of Registered Voters" and the book of registration certificates, containing unused cer- tificates, together with all other papers or documents relating To^^^eep^°*^" to the registration of voters, he shall retain in his possession °°'^^ '^' and safely keep, but the same shall at all proper times be open to the inspection of any one desiring to examine the same,with- 26 out fee or reward, and also any one desiring to do so may be permitted to make copies or partial copies of any of said lists, books, documents or papers. II. And within one week after the following general elec- Registrarto tion he shall deliver the said duplicates in his possession to the books'to"the'^^'* Clerk of the Peace of the county in which he resides, who shall PeYce"*^'^^ safely keep the same, in his office, and the same shall be open to public inspection at all convenient times as other public rec- ords in the office of said Clerk of the Peace. Registrars clothed with powers of Justice of the Peace. Power to compel attendance of witnesses. Oaths or affirmations Committment of offenders. To whom process may be issued. Service of process. Section 20. Each of the Registrars shall in addition to the other powers conferred upon him by this Act have, during the respective times of the appointed sittings for registration, the powers of a Justice of the Peace to preserve order and en- force obedience to his lawful commands at or around the place of registration ; to keep access to such place open and unob- structed ; to prevent and suppress riots, tumults, violence and disorder at, around or near the place of registration, tending to intimidation, or to the obstruction of the work of registra- tion and to protect and keep safe the registers or books for the registration of voters, while in his and the Assistant Registrar'^ custody and possession. He may compel the presence of wit- nesses before them while sitting with the Assistant Registrars as Registration officers, for all purposes connected with tire performance of the duties of their office, by summons and at- tachment, and shall have power to administer oath or affirma:- tion. He may, while sitting as such officer of registration com^ mit for trial any person committing at, or around the place of registration a breach of the peace, or any offence forbidden by this Act. Pie shall have the power to issue any of said sum- mons, attachments or commitments, when sitting in any elec- tion district in this vState to the Sheriff of his county or to any Constable thereof. All such process shall be served by said" officers in the same manner as if they were issued by a Justice- of the Peace within such county. Fees of officers H- The Sheriff or Constable in any county of this State,. serving process. vvJio shall scrvc any such process shall receive the same fees, and in like manner as it is or may be by law provided that he shall receive fees in other State cases. But no- Registrar shall t^^^eceivrcom- charge or receive any compensation for any service rendered pensationfor iu accordaucc with the provisions of this section in addition to^ the compensation or salary provided for in this Act.. this service. Compensation oi Registrar. Section 21, Each Registrar shall receive five dollars per day for each day of actual service, either when sitting for the purpose of registration or in attendance upon the hearing of appeals before the resident Associate Judge of the county, or 27 such Judge of the Supreme Court as may sit for hearing such appeals; and six per cent, as commission on all sums he may receive and pay over to the Receiver of Taxes and County Treasurer, or County Treasurer, as fees from persons register- ing in his election district. II. And each assistant registrar shall receive five dollars compensation of per day for each day of actual service, when sitting for the R^gif^"' purpose of registration. 'istrar. III. And each alternate registrar shall receive five dollars compensation of per day for each day of actual service, when sitting in the place Rggj'^trar. of the Registrar for Registration, or in attendance upon the hearing of appeals before the resident Associate Judge of the county or such Judge of the Supreme Court as may sit for hear- ing such appeals, and six per cent, as commission on all sums he may receive and pay over to the registrar of his election dis- trict as fees from persons registering in his election district, said sum to be deducted from the commissions which may be allowed the registrar. IV. It shall be the duty of the Levy Court in each of the counties in this State, at its November session, to ascertain the Ascertainment • 1 1 • A 1 1 -n • A 1 ° amount of amount of compensation under this Act due the Registrars, Al- compensation by ternate Registrars and Assistant Registrars in their respective ^evy Court. counties, and when so ascertained, the president of the said Levy Court shall certify the same to the State Treasurer, who shall thereupon pay to the persons entitled the sums severally Payment. due them out of any money appropriated for that purpose. V. The cost of printing and posting the alphabetical lists cist of printing, contained in the Books of Registered Voters aforesaid, and of ^^^f' ^"pp''^^' printing and mailing the notes required by this Act, and the rent of the room or rooms used by the said registration officers in the performance of the duties required by this Act, the cost of printing any forms or blanks that may be required, and the cost of the necessary ink and stationery used by them provided for by this Act, shall be paid by the Levy Court of the respective How paid. counties upon proper vouchers. Section 22. Whoever, during the sitting of the Registra- Bringing, taking tion officers in any election district in this State, shall bring, °g'^d[ng%°ritu- take, order or send into, or shall attempt to bring, take, or send ous liquors into into any place of registration, any distilled or spirituous liquors °ImeTn pif ce of whatever, or shall, at any such time or place, drink or partake registration, of any such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished by imprisonment in the Penalty. county jail for not more than ninety days, or by a fine of not more than one hundred dollars, or both. 28 Fraudulent Penalty «^He,:cK..e3 tth'"'V'^¥'^^'''^^ ^J'T'^' ^' A- or alterations^ to be entered, in any re^Uter fhl ' ^"^^^ or fraudulently permit reSi^L ^t^red voter who is not fntit ;d to"h ^' ?^ "7 P^^^°" as a regis- tered voter, or if any other person nnf"''^^^^ *^^^^^" ^' ^ ^e|is- legistration officers shall emer int. ^"^^^^^^^ by the proper ^ny person as a registered voter or if ^^ "l^''''' '^' "^"^^ ^^ Registrar, or Assistant Registrar shl II ?^' ^ff''\^'' Alternate omit to register, or shall ffaudulen^l ^"^"^"^"tly refuse or or in any book of registered vote "n w'T^^ ^" ^">^ ^^-^^^er any person entitled under the nr. ^is charge, the name of name entered in sucrreg s er ^r boo^ f °^ '^'' ^^^ ^° ^ave his any Registrar, Alternate^R ' s?rar or A ''f'^'^^ voters, or if fraudulently strike from an/reSe? ^''T""^ Registrar, shall books of registered voterriyhfcha°'.,^'"°^ of said entered therein; or if anv nthlt ^^ ^^^ "^"^^ of any person proper registration officers hall ?t'r?U°"f""' authorized ly tSe from any book of registered vn-?u^^^ ^""^ register or i tered therein ; or if afR^egltrar Alter "Tl""^ -^"^^ P^^^°" ^n- ^ tant Registrar, shall make^anv emt^ o ^^ Registrar or Assis- ister, or books of registered io?rr=^ '"^"'^ '" ^^e said reg- the manner hereinbefore prol^^^^^^^^^ the times and fn Registrar or Assistant Reo?strar ^h^ i^ Registrar, Alternate this Act forbidden by hinf done or hnH ^"-^-'^^"^ ^^^^^ is by which IS by this Act required ?obphl°"''i *° ^° anything deemed guilty of a misdemeanor and L.'"' ^°"'' ^' ^'^^^ b? by indictment, shall be fined not exceediTfi "T'T"". '^'''^^ or be imprisoned not exceediW f hr. ^ ^^ hundred dollars, fined and imprisoned at ^he di "1 ' ,f l/.?"';. °^ "^^>' be both Person causing himself to be wrongfully •■egistered. fined and impris^;;^;XSej;;^- /^-^ - ;;^ hn.sfl7:o°"be%i^[ere5 fn th?nte T'' °\^"^-P^ ^° --e or dead, or unde" anv ficdtious name ^"^ u^'' P^^^°" ^^^'^^S to cause himself to be reASred 1^ .' 'i^^"- '^"^^ °^ attempi State, knowing that he ha% not Ihe ,?"^>',f ^S^^O" district in tlfis any person, knowing himseh to be S .° ^e registered ; or if district in this State shalT cause or att/nf??^ ^" ^"'^^ '^'^'^^^ be registered in any other election rH^f ^°u'^"'^ himself to having first caused his name S he t^^ '"/^^' ^^"^" ^^'^hout Books of Registered Vomers n which"?'" ^'°T ^^^'^ter and viously entered ; or if any oerson t^^ -^^^^^^ ^^^^ been pre- »fied as a voter at ?he ^next fo^l" "^ ''"^'^^^ ^° be disqual- cause or attempt to cause himself .'T^ ^"""'^^ '^'^''^^ shall ters in any election d?s"rict i^ h s c?, '!' ^""'^'^^ ^^ ^he Regis- therein, knowing that he fn.f this State as a Registered voter ^ontSSr ^^^" ^-' ^^^°-eVo by th ^extfollow^^^ ' ^"^"^'' "°^^^ ^"^ vent or hinder any Pe;soTh:rg\^Tj!:[^,- ^^^^^^^^^^ 29 name entered on the registers in any election district in this State from duly exercising such rights, or shall compel or at- tempt to compel by any such means, any Registrar, Alternate Registrar, or Assistant Registrar, to enter on their register the name of any person not legally entitled to be entered therein, or to refrain from entering on their registers the name of any per- son legally entitled to be entered thereon, or shall lawfully inter- fere with any Registrar, Alternate Registrar, or Assistant Reg- istrar, in the discharge of his duties under this Act ; or if any person shall make any assault or commit any assault and bat- Assault riot, tery, or incite or create 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, he shall be deemed guilty of a mis- demeanor, and upon conviction thereof by indictment shall be fined not exceeding five hundred dollars, or be imprisoned not penalty, exceeding three years, or may be both fined and imprisoned at the discretion of the Court. Section 25, If any Registrar, Alternate Registrar or Assis- tant Registrar, Inspector or Judge of election shall lose any reg- Loss of books by ister or book of registered voters which may be in his charge or olfcere^ '°" custody, or if any of such officers or any other person shall wil- fully destroy, mutilate, deface, falsify or fraudulently remove or secrete any register or book of registered voters, or shall know- ingly make any false entry in or false copy of any register or part of any register, or fraudulently make any entry, erasure or J^utiMon"etc alteration in any alphabetical list of registered voters, as con- tained in any book of registered voters, he shall be deemed guil- ^=^^""«^'^'^- ty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceeding five hundred dollars or be impris- oned not exceeding three years, or may be both fined and im- ^"^^• prisoned at the discretion of the Court. Section 26. If any person shall mutuliate, deface, pull down Mutilation, or destroy at any time before the last sitting of the Registration defacement, rr- • 1 r 1 -,11 -ii-, r ■ j j pulling down or officers any prmted copy of the alphabetical list of registered destroying voters, when the said lists are hung up as provided in Section 9 alphabetical he shall be deemed guilty of a misdemeanor, and upon convic- tion thereof by indictment shall be fined not exceeding one hundred dollars or be imprisoned not exceeding one year, or penalty, may be both fined and imprisoned at the discretion of the Court. Section 2y. In any case of a special election held in this Additional reg- State it shall be the duty of the Registration officers of the re- IpS eie°c"tioa. spective election district in this State, hereinbefore provided for, to sit on the third and fourth Saturdays immediately preceding the day of such special election, from 8 o'clock A. M. until 7 P, M., with an intermission from 12 to i, at the place where the fol- lowing special election will be held, or at some convenient and suitable place in the town or village in which such election will .^o How to make entries. be held, and at such sittings to add to the registers and book of registered voters aforesaid of their respective election districts the name of all persons applying to them who may have become qualified to vote since the day of the last general election, or who may become qualified to vote by the day of such special election. II. And it shall be the duties of such Registration officers in adding any new names to make the same entries in the reg- isters and books of registered voters aforesaid, as they are here- inbefore required to make when sitting as Registration officers before any general election. III. The said Registration officers, within one week before their first sitting as provided for in this section, shall procure from the Clerks of the Peace of their respective counties the two registers, and the two books of registered voters and the books of registration certificates which shall have been delivered to the Clerks of the Peace as hereinbefore provided. Duty of Clerk of lY . It shall bc the duty of the Clerks of the Peace in the books. '° '^^''^" several counties to deliver said books to the said Registration officers when the same shall be applied for as aforesaid. Registration officers to pro- cure books from Clerk of the Peace. Delivery of books, etc., by registration officers. y. In of the "Registers" and one of the delivering one "Books of Registered Voters" and the book of registration cer- tificates to the inspector or other person authorized by law to hold the special election in his election district, as hereinbefore provided, it shall be the duty of the said Registrar to deliver the register and the book of registered voters, which was not used at the previous general election and the other of said registers and the other of said book of registered voters shall be delivered by the several Registrars to the Clerks of the Peace of their re- spective counties within one week after such special election. Section 28. All Acts and parts of Acts supplied by or in- consistent with this Act are hereby repealed. Approved May 27th, A. D. 1898. 31 CHAPTER 37, VOLUME 21. JLK" ACT to facilitate the Kegistering as Qualified Voters the Citizens of Delaware Engaged in the Performance of Military or Naval Duty. Be it enacted by the Senate and Hoicse of Representatives of the .State of Delaware in General Assembly met : Section i. That every person enlisted or engaged in any Domeciieof military or naval organization of this State or the United States persons in Army and who prior to enlistment was a resident of any hundred or °^ ^"^ "° election district of this State, shall not lose his domicile in such hundred or election district by reason of such enlistment. Section 2. That every male citizen of this State of the age Registration of of twenty one years and upwards, and who is or shall hereafter [^ary^r^Navli''" be enlisted or engaged in any military or naval organization of service. this State or the United States shall be entitled to have his name registered as a voter in the hundred or election district in which he resided, prior to his enlistment, in the same right as he would have done had he remained continuously present in such hundred or election district during the period of his en- listment. Section 3. That the Governor of this State shall designate Appointment of and appoint at the same time of appointing other registration uar'^'df^vote^s""" officers of this State, some qualified citizen of the State as Aux- Quaiifj'ing of. iliary Registrar of Voters, who shall qualify and bond as other registrars are required to do, and whose duty it shall be to visit. Duty of. sometime before the last Saturday in September in any year in which a general election is held, the military or naval encam^p- ment of this State, or the United States wherein the citizens of this State shall be enlisted or engaged in the discharge of mil- itary duty, for the purpose of registering,- as hereinafter pro- vided for, such citizens as voters of the hundred or election dis- trict in which they are entitled to be registered as designated in Section 2 of this Act. Section 4. Upon application being made to be registered Application for as a voter of any hundred or election district of this State, by '■eg'stration. any officer or enlisted man of any military organization before any Auxiliary Registrar of Voters as provided for in the fore- going Section of this Act, such appHcation shall be deemed and p'^rsonlil'^pii- taken to be a personal application within the meaning of para- cation, graph 3, Section 4, of Article V of the Amended Constitution. Notice of mae of wishing camps. List of appli- cants and quali- ifications to be kept by Registrar. How kept. Section 5. That the Auxilian- Registrar herein provided for, shall notify the encampment or encampments of the time he will visit them for the purpose of registering voters, that he shall sit for registering during such hours of the day as shall be ar- ranged to suit the convenience of such military organization. Section 6. The Auxilian.- Registrar shall make and keep a complete list of the names of all those applying to him to be registered, together with their qualifications as to age. color, birth, nativity, etc., in the same manner and detail as is required to be done by on the books of registration kept by the Regis- trars sitting in the various hundreds or election districts of this State. Separate usts for Sectiou /. The Auxiliary Registrar shall make a separate istncts. ^^j distinct list for each hundred or election district of this State of all those applying to him to be registered in such hundred or election district. He shall also receive the constitutional fee of one dollar from all those so applying to him, before he shall en- Registration fee. j-gj- ^\^q[^ nameS. Remm of Aux- iliary R^strar of list, etc., to registration officers. Registration fee. Opening Lists and registering by Registration officers. Who to be Registered. ChaUetige. Section 8. Immediately upon the completion of these lists of registration and not later than the third Saturday next preced- ing the day of the next general election, the Auxiliary Registrar shall make and certify under oath, and forward by registered mail or personal delivery, to the Registrars of the various hund- reds or election districts of this State, the names and qualifica- tions as recorded by him of all those who applied to him to be registered in such hundreds or election districts ; together with the constitutional fee for registration received by him from them. Section 9. The Registrars of and for the respective hun- dreds or election districts of this State, who shall receive any such list from any Auxiliary Registrar as herein provided for, shall open such list of voters during the first hour of the next succeeding meeting of the officers of registration for the purpose of registering. Then and there the Registrar shall in a clear and distinct voice, audible to those in the room and as well to those about the window, where voters are gathered for the purpose of being registered, read the name of each voter so returned by the Auxiliary Registrar for registration. Ever}' name shall be entered upon the books of registration kept in and for such hun- dred or election district,if it is found that the person represented by such name would have been qualified to have appeared there in person and been registered. But any member of the board of Registration or any qualified voter of the election district may challenge the registering of the names upon the book of regis- tration, for the hundred or election district ; and the question of the right to register such name shall be determined by the reg- 33 istration officers just as they are authorized to determine like questions concerning those who present themselves before them there in the election district. The Registrar shall keep com- Registrar to> plete and inviolate the list of names and quahfications just as he ^*^^'- received them from the Auxiliary Registrar, but such list shall always be subject to the inspection of the qualified voters of the election district, provided it shall not be taken from the posses- sion of the Registrar. The Registrar of the election district shall also make and List of those registered f inspection. keep for the inspection of the voters of his election district a list ^er-stered for of all those names which he has received from the Auxiliary- Registrar, and which have been granted registration on the books of that hundred or election district, and he shall also keep another separate list of all the names so received by him which have been denied registration upon said books, and those lists ustnot shall in like manner be at all times subject to the inspection of ^s'^^^red. the qualified voters of that hundred or election district. And from the action of the Registration officers in so granting or refusing registration to any name received from the Auxilian.- Registrar, any Registration officer or interested person may appeal as provided for in Section 4 of Article \* of the amended ^pp^^* Constitution. Section 10. All registration fees received by the Registra- Registration fee^ tion officer of any district from the Auxiliar\- Registrar shall be held by him and delivered with other fees for the benefit of his county, whether the name of the party having paid the fee shall have been registered or not. Section 11. The AuxiiiarA- Registration officer provided conrpecsatioDi for by this Act shall receive such compensation per day as is al- "'Ajis-ii^ry lowed to Registrars sitting in the various districts of this State, ^^^''^ and he shall be allowed and paid by the State Treasurer such an amount for traveling expenses as shall be approved by the State Ho-*paid. Auditor upon vouchers presented him. Approved June 25, A. D. 1898. 54 CHAPTER 64, VOLUME 22. AN ACT in relation to Registration Books which it is the duty of the Governor to cause to be prepared for the use of the Registration Offi- cers in each Election District in the State including those in the City of "Wilmington and certain entries thereon. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : _ . . .. Section i. That hereafter it shall not be necessary to enter Registration , , . , , . 111, Books not to the color ot the persoti ap])j\irig to be registered on the books for°lnt"ries'asTo^ known as Registers which is the duty under the laws of this color. State of the Governor to cause to be prepared for the use of the Registration oiTicers in each Election District in this State, in- cluding those in the City of Wilmington for the Registration of voters, and that hereafter such Registers shall not contain col- umns for entries as to color. Section 2. That after this Act becomes a law, it shall not be xiot^to be^tated lawful to ontcr the age of any one applying to be registered on the books aforesaid in the column headed "age," but it shall be sufficient to enter that the applicant is "Twenty-one and up- wards." Section 3. That all Act.s or parts of Acts inconsistent herewith be and the same £:re hereby repealed. Approved March 14, A. D. 1901. 35 CHAPTER 56, VOLUME 23. -AN ACT amending Section 16 of Chapter 36 of Volume 21 of the Laws of Delaware relating to appeals from the Decisions of the Begistrars. Be it enacted by the Senate and House of Representatives of the .State of Delaware in General Assembly met : Section i. That Section i6 of Chapter 36 of Volume 21 oi the Laws of Delaware is hereby amended by striking out the section 16, words "Thursday next following the third Saturday of August" vdumelf; in the fourteenth line of said Section, and inserting in lieu there- ^^^"o^tfml'of ■of the words "the first Tuesday in September"; and by striking holding appeals -out the words "the Tuesday next following" in the twenty-third R°egisualr" °^ and twenty-fourth lines of said Section, and inserting in lieu thereof the words "the first Monday after the fourth Saturday in September" ; and by striking out the words "the previous week" in the twenty-fifth and twenty-sixth lines of said Section ; and by striking out all between the word "provided" in the forty- ninth line of said Section and the word "unless" in the fifty- fourth line of said Section, and inserting in lieu thereof the words "that appeals from the decisions of the registrations 'Officers made on the first, second, third or fourth registration •day shall not be received on the third or fourth appeal day." Approved, March 20, A. D. 1905. 36 General election where held. Department of elections to des- ignate voting places in Wilmington. Who to vote. 6th Rep. Dist. First Election District. Who to vote in. Place of voting. 2d Election District. Who to vote in. Place of voting. id Election )istrict. CHAPTER 38, VOLUME 21. AN" ACT in regard to General Election. Be it enacted by the Senate and House of Representatives of the- State of Delaware in General Assembly met : Section i. The general election in and for the several counties of this State, on the Tuesday next after the first Mon- day of November, shall be held in the respective election dis- tricts of the Representative districts of said counties, at the- places hereinafter appointed for that purpose, that is to say : FOR THE CITY OF WILMINGTON. The Department of Elections for the City of Wilmington,, estaljlished b} virtue of an Act of the General Assembly, entitled' "An Act creating a Department of Elections for the City of Wil- mington, approved May 20th, A. D. 1898, shall at the time of dividing the said city into election districts and establishing the boundries thereof, designate some suitable and proper place in each election district for holding the elections therein, and all persons entitled to vote in the said several respective election- districts thus established, shall vote at the place designated and appointed by the said Department of Elections, for holding elec- tions in the said several respective election districts. FOR NEW CASTLE COUNTY OUTSIDE OF THE CITT OF WILMINGTON. The First Election District of the Sixth Representative District shall embrace all that portion of Brandywine Hundred' heretofore known as the Eastern Election District of Brandy- wine Hundred, and all persons entitled to vote in said First Election District, shall vote ai the place heretofore designated by law for holding elections in said Eastern Election District of Brandyv/ine Hundred. The Second Election District of the Sixth Representative District shall embrace all that portion of Brandywine Hundred heretofore known as the i^Iorlhern Election District of Brandy- wine Hundred, and all persons entitled to vote in said Second' Election District shall vote at the place heretofore designated' by law for holding elections in said Northern Election District of Brandywine Hundred. The Third Election District of the Sixth Representative- District shall embrace all that portion of Brandywine Hundred! 37 heretofore known as the Southern Election District of Brandy- wine Hundred, and all persons entitled to vote in said Third who to vote in. Election District, shall vote at the place heretofore designated piaceofvotin by law for holding elections in said Southern Election District ^" ° ''° '°^' of Brandywine Hundred. The First Election District of the Seventh Representative 7th Rep. Dist. Dis-trict shall embrace all that portion of Christiana Hundred Disn-'rc't""" heretofore known as the Newport Southern Election District of Christiana Hundred, and all persons entitled to vote in said First Election District, shall vote at the place heretofore desig- who to vote in nated by law for holding elections in said Newport Southern . Election District of Christiana Hundred. ^*^^° ^°"°^" The Second Election District of the Seventh Representative 2d Election Dist. District shall embrace all that portion of Christiana Hundred heretofore known as the Marshallton Southern Election Dis- trict of Christiana Hundred, and all persons entitled to vote in said Second Election District shall vote at the place heretofore designated by law for holding elections in said Marshallton Place of voting. Southern Election District of Christiana Hundred. The Third Election District of the Seventh Representative 3d Election Dist District shall embrace all that portion of Christiana Hundred heretofore known as the Northern Election District of Chris- tiana Hundred, and all persons entitled to vote in said Third w;,«. » • -i->i • -r^- • 1 11 r 1 • Who lo vote m. Election District, shall vote at the place heretofore designated "by law for holding elections in said Northern Election District ^'^^° votmg. of Christiana Hundred. The Fourth Election District of the Seventh Representative ^, „, _,. , T-\-- 111 1 111 • r/-(i--TT ij 4th Election Dist District shall embrace all that portion of Christiana Hundred as is now provided by law as the Western Election District of Christiana Hundred, and all persons entitled to vote in said Fourth Election District shall vote at the place heretofore des- who to vote in; ignated by law for holding elections in said Western Election Place of voting. Dis'trict of Christiana Hundred. The Fifth Election District of the Seventh Representative ^jj^^ig^jiQ^jji^j District shall embrace all that portion of Christiana Hundred lying within the following boundaries : that commencing in the middle of public road at the Barley Mill, formerly operated by Pyle & Mclntyre, running along the middle of the said road in a westerly direction past the St. Joseph's Catholic Church and across the Kennett Turn Pike ; thence continuing along the said road by its various courses to the eastern bank of Red Clay Creek ; thence along the said creek in a southerly direction by its several courses to the middle of the Lancaster Turnpike ; thence along the middle of the said Turnpike in an easterly di- rection to the western boundary line to the City of Wilmington ; Boundaries. 38 thence following the said boundary line by its several courses int a northern direction to the south bank of the Brandywinep thence along the said Brandywine by its several courses in a westerly direction to the place of beginning, the Barley MilL Being the East Election District of Christiana Hundred as formed by an Act of the General Assembly passed at Dover, Who to vote in. March 19th, 1897, and all persons entitled to vote in said Fifth Place of voting. Elcction District shall vote at the public house of Thomas J. Lawless known as Mt. Pleasant Hotel in said East Election: District of the Seventh Representative District. 8th Rep. Dist. ^^6 First Elcctiou District of the Eighth Representative- ist Election Dist District shall embrace all that portion of Mill Creek Hundred heretofore known as the Mill Creek Eastern Election District, Who to vote in. and all persons entitled to vote in said First Election District Place of voting, shall votc at the place he;-etofore designated by law for holding elections in said Mill Creek Eastern Election District. The Second Election District of the Eighth Representative District shall embrace all that portion of Mill Creek Hundred,, heretofore known as Mill Creek Northern Election District, and all persons entitled to vote in said Second Election District shall' vote at the place heretofore designated by law for holding elec- tions in said Mill Creek Northern Election District. The Third Election District of the Eighth Representative District shall embrace all that portion of Mill Creek Hundred,, heretofore known as Mill Creek Western Election District, and all persons entitled to vote in said Third Election District shall vote at the place heretofore designated by law for holding elec- tions in said Mill Creek Western Election District. 2d Election Dist, Who to vote in. Place of voting. 3d Election Dist. Who to vote in. Place of voting. Qth Rep. Dist. The First Election District of the Ninth Representative ist Election Dist District shall embrace all that portion of White Clay Creek Hundred heretofore known as the White Clay Creek West Elec- whotovotein ^^'"'^^ District, and all persons entitled to vote in said First Elec- tion District, shall vote at the place heretofore designated, by Place of vofng. j^^^ ^^^ holding clcctious in Said White Clay Creek West Elec- tion District. ad Election Dist, Who to vote in. Place of voting. The Second Election District of the Ninth Representative District shall embrace all that portion of White Clay Creek Hundred heretofore known as the White Clay Creek Central Election District, and all persons entitled to vote in said Second Election District shall vote at the place heretofore designated by law for holding elections in said White Clay Creek Central Election District. d Election Dist The Third Election District of the Ninth Representative District shall embrace all that portion of White Clay Creek Hundred heretofore known as the White Clay Creek East Elec- 39 tion District, and all persons entitled to vote in said Third Elec- who to rote ia, tion District shall vote at the place heretofore designated by law pj^ ^ j^ .^^ for holding elections in said White Clay Creek East Election **^^° ^° '° ' District. The First Election District of the Tenth Representative loth Rep, Dist. District shall embrace all that portion of New Castle Hundred ist Election Disi heretofore known as the Eastern Election District of New Cas- tle Hundred, and all persons entitled to vote in said First Elec- who to vote in, tion District shall vote at the place heretofore designated by Place of votings law for holding elections in said Eastern Election District of New Castle Hundred. The Second Election District of the Tenth Representative ^^ Election Dist. District shall embrace all that portion of New Castle Hundred heretofore known as the Northern Election District of New Castle Hundred, and all persons entitled to vote in said Second who to vote in. Election District shall vote at the place heretofore designated piace of voting. by law for holding elections in said Northern Election District of New Castle Hundred. The Third Election District of the Tenth Representative 3d Election Dist. District shall embrace all that portion of New Castle Hundred heretofore known as the Western ElecHon District of New Cas- tle Hundred and all persons entitled to vote in said Third Elec- whoi tion District shall vote at the place heretofore designated by law for holding elections in said Western Election District of 1 to vote in. Place of voting. 'fe New Castle Hundred. The Fourth Election District of the Tenth Representative 4th Election Dist District shall embrace all that portion of New Castle Hundred heretofore known as the Southern Election District of New Castle Hundred, and all persons entitled to vote in said Fourth who to vote in. Election District shall vote at the place heretofore designated piace of voting, by law for holding elections in said Southern Election District of New Castle Hundred. The First Election District of the Eleventh Representative „th Rep. Dist. District shall embrace all that portion of Pencader Hundred ist Election Dist heretofore known as North Pencader Election District of Pen- cader Hundred, and all persons entitled to vote in said First who to vote in. Election District shall vote at the place heretofore designated piace of voting. by law for holding elections in said North Pencader Election District of Pencader Hundred. The Second Election District of the Eleventh Representa- 2d Election Dist tive District shall embrace all that portion of Pencader Hundred heretofore known as the South Pencader Election District of,,,, , -r-> 1TT11 -11 ■ *J Who to vote in. Pencader Hundred, and all persons entitled to vote in said Second Election District shall vote at the place heretofore des- P'^ce of voting. 40 ignated by law for holding elections in said South Pencader Election District of Pencader Hundred. aafh Tiep. Dist. The First Election District of the Twelfth Representative ist Election Dist District shall embrace all that portion of Red Lion Hundred heretofore known as the Red Lion Eastern Election District, ,-,, ^ . . and all persons entitled to vote in said First Election District vV ho to vote in. in i i i r i- 111 riii- shall vote at the place heretofore designated bv law for holding ipiace of voting, gjections lu Said Red Lion Eastern Election District. :2d .Election Dist The Sccoud Elcctiou District of the Twelfth Representative District shall embrace all that portion of Red Lion Hundred heretofore known as the Red Lion Western Election District, and all persons entitled to vote in said Second Election District Place of voting, gh^ll votc at the placc heretofore designated by law for "Holding elections in said Red Lion Western Election District. asth Rep. Dist. The First Election District of the Thirteenth Representa- ast Election Dist tive District shall embrace all that portion of St. George's Hun- dred, heretofore known as the East St. George's First Election Precinct, and all persons entitled to vote in First Election Dis- "Who tovotein. j-j-jcj- shall votc at the place heretofore designated by law for Place of voting, holding clcctions in said East St. George's First Election Pre- cinct. 2d Election Dist The Sccoud Elcctiou District of the Thirteenth Represen- tative District shall embrace all that portion of St. George's Hundred heretofore known as the East St. George's Second -Who to vote in. Elcctiou Prcciuct, and all persons entitled to vote in Second Election District shall vote at the place heretofore designated aceo\oing. ^^ j^^^ ^^^ holding clectious in said East St. George's Second Election Precinct. 3d Election Dist The Third Election District of the Thirteenth Representa- tive District shall embrace all that portion of St. George's Hun- dred heretofore known as the West St. George's First Election Who to vote in. Prccinct, and all persons entitled to vote in said Third Election Place of voting District, shall vote at the place heretofore designated by law for holding elections in said West St. George's First Election Precinct. 4th Election Dist The Fourth Election District of the Thirteenth Representa- tive District shall embrace all that portion of St. George's Hun- dred heretofore known as the West St. George's Second Elec- •who to vote in. tion Prccinct, and all persons entitled to vote in said Fourth „, , .. Election District, shall vote at the place heretofore designated Place of voting. ,, ^ ,ii- 1 ■ • .^itt ^^ 'o 1 by law tor holding elections in said West St. George s Second Election Precinct. •14th Rep. Dist. The First Election District of the Fourteenth Representa- flst Election Dist tive District shall embrace all that portion of Appoquinimink 41 Hundred heretofore known as the Eastern Election District of Appoquinimink Hundred, and all persons entitled to vote in who to vote in. ;said First Election District shall vote at the place heretofore piace of voting, designated by law for holding elections in said Eastern Election District of Appoquinimink Hundred. The Second Election District of the Fourteenth Represen- jd Election Dist tative District shall embrace all that portion of Appoquinimink Hundred heretofore known as the Western Election District of Appoquinimink Hundred, and all persons entitled to vote in said who to vote in. 'Second Election District shall vote at the place heretofore des- ignated by law for holding elections in said Western Election District of Appoquinimink Hundred. _ Place of voting. The First Election District of the Fifteenth Representative 15th Rep. Dist. District shall embrace all that portion of Blackbird Hundred ist Election Dist Tieretofore known as the Eastern Election District of Blackbird Hundred, and all persons entitled to vote in said First Election who to vote in District shall vote at the place heretofore designated by law for "holding elections in said Eastern Election District of Blackbird ^"° voting. Hundred. The Second Election District of the Fifteenth Representa- 2d Election Dist tive District shall embrace all that portion of Blackbird Hund- red heretofore known as the Western Election District of Blackbird Hundred, and all persons entitled to, vote in said Sec- who to vote in. ond Election District shall vote at the place heretofore desig- piace of voting. Tiated by law for holding elections in said Western Election Dis- trict of Blackbird Hundred. FOR KENT COUNTY. The First Election District of the First Representative Dis- istRep. Dist trict shall embrace all that portion of Duck Creek Hundred ist Election Dist lieretofore known as the Eastern Election District of Duck Creek Hundred, and all persons entitled to vote in said First ,„, , „. .„ -r-^1- -rx-- 11 1 i r i- 1 Who to vote in Election District shall vote at the place heretofore designated by law for holding elections in said Eastern Election District of ^'^" ° ^°""^ Duck Creek Hundred. The Second Election District of the First Representative ^d Election Dist District shall embrace all that portion of Duck Creek. Hundred "heretofore known as the Western Election District of Duck Creek Hundred, and all persons entitled to vote in said Second who to vote in Election District shall vote at the place heretofore designated piace of voting by law for holding elections in said Western Election District of Duck Creek Hundred. The First Election District of the Second Representative 2d Rep. Dist District .shall £mbrace all of Little Creek Hundred, and all per- ist Election Dist 4? Who to vote in SODS entitled to vote in said First Election District shall vote at Place of voting ^^^ placc heretofore designated by law for holding elections in said Little Creek Hundred. 2d Election Dist The Second Election District of the Second Representative District, shall embrace all that portion of East Dover Hundred heretofore known as Election District Number One, of East Who to vote in Dovcr Hundred, and all persons entitled to vote in said Second Place of voting Elcctiou District, shall vote at the place heretofore designated by law for holding elections in said election district Number One of East Dover Hundred. 3d Rep. Dist Election Dist Who to vote in Place of voting 4th Rep. Dist Election Dist Boundaries The Election District of the Third Representative District,, shall embrace all of Kenton Hundred, and all persons entitled! to vote in said Election District shall vote at the place hereto- fore designated by law for holding elections in said Kenton Hundred. The Election District of the Fourth Representative District shall embrace all of West Dover Hundred and all that portion of East Dover Hundred lying next to West Dover Hundred and separated from the rest of East Dover Hundred by the follow- ing boundary lines. Beginning at the middle of the public roadl leading from the Horsehead road to Kenton at the point of in- tersection of Kenton Hundred and East Dover Hundred, thence- running along the middle of the said road to the Horsehead road, thence running in a westerly direction along the middle of the said Horsehead road a short distance to a short road leading from the said Horsehead road to the road from Dover to Hazlettville, known as the Hazlettville road, thence running along the middle of the said short road from the HorseheacC road to the said Hazlettville road, thence running in a westerly direction along the middle of the said Hazlettville road a short distance to the road leading therefrom to Wyoming, thence run- ning along the middle of the said road leading from the said Hazlettville road to Wyoming to the point of intersection of East Dover Hundred and North Murderkill Hundred, and all persons entitled to vote in said Election District shall vote at the place heretofore designated by law for holding elections in West Dover Hundred. 5th Rep. Dist The First Election District of the Fifth Representative Dis- ist Election Dist trict shall embrace all that portion of Election District Number Two of East Dover Hundred which is not included in Repre- sentative District Number Four, and all persons entitled to vote Who to vote in in said First Elcctiou District shall votc at the place hereto- piace of voting ^^ve designated by law for holding elections in said Election Dis- trict Number Two in East Dover Hundred. 2d Election Dist The Sccoud Elcction District of the Fifth Representative District, shall embrace all that portion of the Third Election Who to vote in Place of voting 43 District of East Dover Hundred which is not included in Rep- resentative District Number Four, and all persons entitled to who to vot« in. vote in said Second Election District shall vote at the place piaceofvotin heretofore designated by law for holding elections in said Third Election District of East Dover Hundred. The First Election District of the Sixth Representative Dis- trict shall embrace all those portions of North Murderkill and ^''^^^p-.^'^V South Murderkill Hundred included within the following bound- "' ary lines : Beginning at a point on the Maryland line where the line dividing West Dover Hundred and North Murderkill Boundaries Hundred intersects the same and running thence with said Ma- ryland line south to the point where the northern boundary line of the Second Election District of the Sixth Representative Dis- trict intersects the said Maryland line, thence easterly with said northern boundary line of said Second Election District to the road from Felton to Whiteleysburg, thence along said road to the Owl's Nest Road, thence running in a northerly direction along the middle of the said Owl's Nest Road to the intersection of the Cowgill Road from Woodside to Petersburg then run- ning in a northeasterly direction along the middle of the said Cowgill Road to the Reed Road running from Woodside to Du- Pont's School House, thence running in a northwesterly direc- tion along the middle of the said Reed Road to DuPont's School House, thence running in a northerly direction along the mid- dle of the public road leading from Willow Grove to Camden, a short distance to Stubb's Corner, thence running in a westerly and northwesterly and westerly direction along the middle of the public road leading from DuPont's School House to the Alms House to Gray's Corner, thence continuing in a direct westerly line to the southern boundary line of West Dover Hun- dred, thence following the southern boundary line of West Do- ver Hundred in a westerly direction to the place of beginning, who to vote in and all persons entitled to vote in said First Election District shall vote at the place heretofore designated by law for holding ^"° ^°"°^ elections in the West Election District of North Murderkill Hundred. The Second Election District of the Sixth Representative zd Election Dist District, shall embrace all the portions of North Murderkill, South Murderkill and Mispillion Hundreds included within the following boundary lines ; beginning at the intersection of the Boundaries, southern line of South Murderkill Hundred with the State of Maryland, thence running along the division line between Mis- pillion Hundred and South Murderkill Hundred to the public road leading from Whiteleysburg to Harrington, thence run- ning in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Corner to Vernon, at or near White's Church, thence running 44 irx a northeasterly direction along the middle of the said public road leading from Masten's Corner to Vernon a short distance to the public road leading therefrom to the town of Harrington, being a continuation of the road leading from Whiteleysburg to Harrington, thence running in a southeasterly direction to the intersection of West street in the town of Harrington, thence running in a northerly direction along the middle of said West street to the middle of Wolcott street in said town of Har- rington, thence running in an easterly direction along the mid- dle of said Wolcott street to the middle of Dorman street in said town of Harrington, thence running in a northerly direction along the middle of said Dorman street to Brown's branch being the northwest corner of lands of Joseph Ward, thence running in an easterly direction with the course of said branch to the Delaware Railroad, thence running in a northerly direction along said Delaware Railroad to Beaver Dam Branch in South Murderkill Hundred, thence following the course of said Bea- ver Dam Branch in a northwesterly direction to the public road leading from Felton to Whiteleysburg, thence westerly with the said last mentioned road to what is known as the "Big Ash," thence in a northerly direction with the public road leading by Willis' Chapel, thence by the public school house near Mrs. Charles Warren and on by Cohee's Shops and Sandtown, leaving the village to the north, thence by the county road leading from Sandtown to Greensboro to the Mary- land line, thence by the said Maryland line south to the place of beginning, and all persons entitled to vote in said Sec- -whotovotein ^^^ Elcction District shall vote at Masten's Corner at such Place of voting place as shall be procured by the inspector or other officer hold- ing the election in said Second Election District of the Sixth Representative District. The Election District of the Seventh Representative Dis- trict shall embrace all that portion of North Murderkill Hund- red not included in Representative District Number Six, and all 'Who to vote in persous entitled to vote in said election district sTiall vote at the place heretofore designated by law for holding elections in the Eastern Election District of North Murderkill Hundred. :7th Rep. Dist Election Dist Place of voting .8th Rep. Dist The First Election District of the Eighth Representative ast Election Dist District shall embrace all that portion of South Murderkill Hun- dred which is not included in the Sixth Representative District, and which lies west of the following lines : Beginning at a point at or near Locust Grove school-house on the line dividing North boundaries and South MurdcrkiU Hundreds, and running thence southerly by the public road leading to and by Virden's Mill, and thence southerly by the same public road ' to Boswell's Mill, thence southerly to the Felton and Frederica road, thence southwest- erly with line of said Frederica and Felton road to Roe's Cor- 45 ner, on the road from Canterbury to Roe's Village, thence east- erly by a public road to a public road leading to Spring Mills, and thence by the said last mentioned road to said Spring Mills, thence southerly to the line dividing Milford from South Mur- derkill Hundred, and all persons entitled to vote in said First who to vote in Election District shall vote at the place heretofore designated puce of voting for holding elections in Election District Number One of South Murderkill Hundred. The Second Election District of the Eighth Representative sthRep. Dist District, shall embrace all that portion of South Murderkill 2d Election Dist Hundred lying east of the First Election District of the said Representative District, and all persons entltleci to vote in said who to vote in Second Election District shall vote at the place heretofore des- pj^ce of voting, ignated for holding elections in Election District Number Two of South Murderkill Hundred. The First Election District of the Ninth Representative ^t^ Rep. District District, shall embrace all that portion of Election District ist Election Dist Number One of Mispillion Hundred not included in Represen- tative District Number Six, and all persons entitled to vote in who to vote in said First Election District shall vote at the place heretofore pi^j.gpf^j,^i„g designated by law for holding elections in Election District Number One of Mispillion Hundred. The Second Election District of the Ninth Representative ^d Election Dist District, shall embrace all that portion of Mispillion Hundred lying south of the First Election District of said Ninth Repre- sentative District, and all persons entitled to vote in said Sec- who to vote in. ond Election District shall vote at the place heretofore desig- pj_^^^^^^^ nated by law for holding elections in Election District Number Two of Mispillion Hundred. The First Election District of the Tenth Representative Dis- ^^^j^ ^^^ ^-^^ trict, shall embrace all that portion of Milford Hundred included ,st Election Dist in the Eastern Election District of Milford Hundred, and all persons entitled to vote in said First Election District shall vote who to vote in at the place hertofore designated by law for holding elections in pi^ce of voting said Eastern Election District of Milford Hundred. The Second Election District of the Tenth Representative ^^ Election Dist District, shall embrace all that portion of Milford Hundred in- cluded in the Western Election District of Milford Hundred, and all persons entitled to vote in said Second Election District who to vote in , shall vote at the place heretofore designated by law for holding piace of voting elections in said Western Election District of Milford Hundred. FOR SUSSEX COUNTY. The First Election District of the First Representative Dis- ^^^ R^p. District trict shall embrace all that portion of Cedar Creek Hundred ,st Election Disc 46 heretofore known as the South Milford Election District of Ce- -whotovotein ^j^j. Creek Hundred and all persons entitled to vote in said ipiacc of voting First Election District, shall vote at the place heretofore desig- nated by law for holding elections in said South Milford Elec- tion District of Cedar Creek Hundred. The Second Election District of the First Representative District shall embrace all that portion of Cedar Creek Hundred heretofore known as the LincolnElectionDistrict of CedarCreek Hundred and all persons entitled to vote in said Second Elec- tion District shall vote at the place heretofore designated by law Place of voting f^j. folding clcctions in said Lincoln Election District of Cedar Creek Hundred. ;2d Election Dist Who to vote in • 2d Rep. District ^^^ First Elcctiou District of the Second Representative . District shall embrace all that portion of Nanticoke Hundred which lies north and west of Gravelly Branth, beginning at a Boundaries point whcrc the said Gravelly Branch intersects the dividing line between Georgetown and Nanticoke Hundreds and running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' "Mills," to its mouth, being at the head of Middle- whotovotein ford Mill Pond, and all persons entitled to vote in said First Place of voting Elcctiou District shall vote at Owen's Station, at such place as shall be procured by the Inspector or other ofhcer holding the election in said First Election District of the Second Represen- tative District. 2d Election Dist The Sccond Elcction District of the Second Representative District shall embrace all of North West Fork Hundred, and all Who to vote in pcrsous entitled to vote in said Election District shall vote at Place of voting ^hc placc heretofore designated by law for holding elections in said North West Fork Hundred. The First Election District of the Third Representative 3d Rep. District district shall cmbracc all that portion of Nanticoke Hundred, ist Election Dist which lics south and east of said Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Nanticoke and Georgetown Hundreds, running in a southwesterly course to what was formerly known as Rest's Boundaries Old Mill, thcncc along the said branch to what was formerly known as Collins' Mills, to its mouth at the head of Middleford Mill Pond, and all persons entitled to vote in said First Election District shall vote at the place known as "Old Furnace," at Who to vote in ^uch placc as shall be procured by the Inspector or other officer holding the election in said First Election District of the Third aceo voting j^epj-ggentative District. 2d Election Dist '^^^ Sccond Elcction District of the Third Representative District shall embrace all of Seaford Hundred, and all persons 47 entitled to vote in said Election District shall vote at the place who to vote in "heretofore designated by law for holding elections in said Sea- Place of voting ford Hundred, The Election District of the Fourth Representative Dis- ^^^^ j^.^^ trict shall embrace all of Broad Creek Hundred, and all persons Election District entitled to vote in said Election District shall vote at the place now designated by law for holding elections in said Broad Creek pi^ce of^voting Hundred. *The First Election District of the Fifth Representative 5th Rep. District District shall embrace all that portion of Little Creek Hundred, ist Election Dist heretofore known as the West Election District of Little Creek Hundred and all persons entitled to vote in said First Election District shall vote at the place heretofore designated by law for who to vote in holding elections in said West Election District of Little Creek Place of voting Hundred. tThe Second Election District of the Fifth Representative , ^, ,. r^. , _-. '. 11 1 • r T • 1 ,-A 1 TT 1 1 20 Election Dist District shall embrace all that portion of Little Creek Hundred heretofore known as the East Election District of Little Creek Hundred, and all persons entitled to vote in said Second Elec- tion District shall vote at the place heretofore designated bv law for holding elections in said East Election District of Little Z^° 'V'°'^- '" /-, 1 TT 11 Place of voting Creek Hundred. The First Election District of the Sixth Representative ^^^ Rep.District District shall embrace all that portion of Dagsboro Hundred ist Election pist lying north of the public road beginning at Millsboro Mills, and running with said public road or Main street of Millsboro in a westerly direction through the town of Millsboro, thence by and with the said public road to Phillips' Hill, and thence with Boundaries the said public road by way of Carey's Methodist Episcopal 'Church to the line of Gumboro Hundred, and all persons enti- who to vote in tied to vote in said First Election District shall vote at the pi^ce of voting place called "Poll Dam," at such place as shall be procured by the Inspector or other ofificer holding the election in said First Election District of the Sixth Representative District. The Second Election District of the Sixth Representative ^d Election Dist District shall embrace all that portion of Dagsboro Hundred lying south of the public road beginning at Millsboro Mills, and Boundaries running with the said puWic road or main street of Millsboro in a westerly direction through the town Of Millsboro, thence by and with the said public road to Phillips' Hill, and thence with the said public road by way of Carey's Methodist Episcopal ^^^^^ ^.^^j^j^ Church to the line of Gumboro Hundred, and all persons enti- pj^gg^f^ojin tied to vote in said Second Election District shall vote at the ♦Amended. See Chapter lo, Vdlume XXII. +Amended. See Chapter lo, Volume XXII. 48 town of Dagsboro at such place as shall be procured by the In- spector or other officer holding the election in said Second Election District of the Sixth Representative District, 3d Election Dist The Third Election District of the Sixth Representative District shall embrace all of Gumboro Hundred, and all per- sons entitled to vote in said Third Election District shall vote at the place heretofore designated by law for holding elections in said Gumboro Hundred. Who to vote in Place of voting Boundaries 7th Rep. District The First Election District of the Seventh Representative' ist Election Dist District shall embrace all that portion of Baltimore Hundred lying north of the public road beginning at the Baltimore mill dam and running down the public road by Peter R. Hickman, by way of the Trap school-house to H. H. Hickman's store, thence down said county road to acounty road opposite the farm of George L. Barnett, thence running along said road to a bridge across William's Creek, known as Derrickson's old mill, being the North Election District of Baltimore Hundred as formed by the Act of the General Assembly, passed April 22d, 1897, and Who to vote in all persous entitled to vote in said First Election District shall vote at the school house of school district No. 181, in the town of Millville, in said First Election District of the Seventh Rep- resentative District. Place of voting Boundaries 2d Election Dist The Sccond Election District of the Seventh Representative District shall embrace all that portion of Baltimore Hundred lying south of the public road beginning at the Baltimore Mill Dam and running down the public road by Peter R. Hickman, by way of the Trap School House to H. H. Hickman's Store, thence down said county road to a county road opposite the farm of George L. Arnett, thence running along said road to a bridge across William's Creek, known as Derrickson's Old Mill,^ being the South Election District of Baltimore Hundred, as^ formed by the Act of the General Assembly passed April 22,. 1897, and all persons entitled to vote in said Second Election District, shall vote at Selbyville at such place as shall be pro- cured by the Inspector or other officer holding the election in said Second Election District of the Seventh Representative District. 8th Rep. District ^hc Elcction District of the Eighth Representative District Election District shall cmbracc all of Indian River Hundred and all persons en- titled to vote in said Election District shall vote at the place Who to vote in heretofore designated by law for holding elections in said Indian Place of voting Riyer Hundred. 9th Rep. District ^hc Elcction District of the Ninth Representative District Election District shall cmbracc all of Georgetown Hundred, and all persons en- Who to vote in Place of voting 49 titled to vote in said Election District shall vote at the place who to vote in- heretofore designated by law for holding elections in said pbce of voting Georgfetown Hundred. St The First Election District of the Tenth Representative lothRep. Dis District shall embrace all of Broadkiln Hundred, and all per- ist Election Disc sons entitled to vote in said Election District shall vote at the place heretofore designated by law for holding elections in said pi ace of "voting Broadkiln Hundred. *The Second Election District of the Tenth Representative ,oth Rep. Dist District shall embrace all of Lewes and Rehoboth Hundred and 2d Election Disti all persons entitled to vote in said Election District shall vote ,„^ . . 1 1 1 r !• 111 riii- 1- Who to vote in at the place heretofore designated by law for holding elections p^ce of voting in said Lewes and Rehoboth Hundred. Section 2. If at any time it shall be impracticable to hold change ofvoting- the election in any election district at the place appointed by p'""^^ law, the Inspector of such election district or other officer au- thorized by law to hold the election therein shall have power to appoint some other place in said election district as near as can be conveniently obtained to the place herein directed, and he shall give public notice of the place so appointed by advertise- Notice. ments posted in at least five of the most public places of the election district, if circumstances will admit of such notice being given, but if not then he shall give such public and general no- tice as the circumstances will permit. Section 3. The Sheriff of each county/ shall, after the 23rd sheriff to deliver and before the 27th day of October, in the year of holding the of"ffi(.e°s^taiP''' general election, deliver to the Inspector of each election dis- lists, etc' trict or other officer authorized by law to hold the election therein, two suitable ballot boxes, with a piece of tape and seal- ing wax, together with a list of all the officers to be chosen at the then next general election, written or printed forms of tally lists, of certificates of election in said election district, of the oath or affirmation of the inspector or other person authorized by law to hold the election therein, and the persons to be taken as Judges of the Election and also of the Clerks who shall be chosen to act at such election, and of the certificate of adminis- tering such oaths or affirmation with printed or written direc- tions as to correcting, completing and signing such oath or affirmation, and certificate of administering the same and shall also deliver to each Inspector or other officer authorized by oaths. law to hold the election as aforesaid, a book of blank forms of oaths (or affirmations) provided for in Section 19 of this Act. Section 4. The ballot boxes shall each be of sufficient size Baiiot boxes, to contain all the ballots of the election district, with one of the ^'^*' ^'<=- ♦Amended. See Chapter 12, Volume XXII. 50 ience one ba lot and it 1' ,f.?' """i^ :i° ^-^"^^^ ^^^h conven- for securing the ifd the Hd of fh. .?''^1^ ^^? ^ ^^^^^ ^"d key hole, and it^shall be so constructed a \n K ^"^ '^^\^' ^^^^out ^ sealing wax. constructed as to be secured with tape or Tally lists. Section S- There shall hp u^rr^ ^f +i of which shall consislof a maL n . \u'^^ T'f ^^"^^ ^''^' each the persons voted for and saufe^f"'^' I'V""' ^^' "^"^es of drawn from left to ri^ht and fr^^ .r! k'"^"^ ^^ P^^^"el lines, ^^heet, each square fo be sufficfenT I ^^^^m to the top of the of five distinct dots of a nei^in e. ,° '°"'^"' ,^^' ^^^^^"^t rows sufficient number of squar^es in e.., '""^'/"^ ^'^^^^ ^^^" be a right to contain more^dots than ^ v'n7^ °^ '^""'^^ ^'"^'^ ^^^^ ^^ receive votes in the election district ^''^^^ ^^^^ P^^^^^ly £for^°^ , Section 6. There shall be two of the s.iH .. r^ . . election which may be according t^'thf folfo^i^g f^rlf vt! °' District'of V. County and Election At the general election"heidi;\V ^.^f^f ^ntative District, ss: Tuesday next after tL first Mo.I '^'''"''' °" '^' teen hundred and °"'^^-'^ .T November, A. D., eigh- the votes stand as follows • FOR THI. OFFICII OF BLFCTORS OF PKKSIDFNT AND VICF- PRESIDENT. Form of. Received . Received . '^°^^' votes FOR THE OFFICE OF GOVERNOR. Received . . Received . """l^^ votes FOR THE OFFICE OF UEUTENANT GOVERNOR. Received ... , Received .. "^^^^^ votes FOR THE OFFICE OF REPRESENTATIVE IN CONGRESS. Received . . Received ■••'^°^' FOR THE OFFICE OF ATTORNEY GENERAI.. votes Received . . Received '^°!^' . votes 51 FOR THE OFFICE OF INSURANCE COMMISSIONER. Received votes Received votes FOR THE OFFICE OF STATE TREASURER. Received votes Received votes FOR THE OFFICE OF AUDITOR OF ACCOUNTS. Received votes Received votes FOR THE OFFICE OF SENATOR IN THE GENERAL ASSEMBLY. Received votes Received votes ' FOR THE OFFICE OF SENATOR IN THE GENERAL ASSEMBLY IN LIEU OF. Received votes Received votes FOR THE OFFICE OF REPRESENTATIVES IN GENERAL ASSEMBLY. Received votes Received votes FOR THE OFFICE OF PROTHONOTARY. Received votes Received votes FOR THE OFFICE OF CLERK OF THE PEACE. Received votes Received votes FOR THE OFFICE OF REGISTER OF WILLS. Received votes Received votes FOR THE OFFICE OF RECORDER. Received votes Received votes FOR THE OFFICE OF REGISTER IN CHANCERY. Received votes Received votes 52 FOR THE OFFICE OF CLERK OF THE ORPHANS' COURT. Received votes Received votes FOR THE OFFICE OF LEVY COURT COMMISSIONERS. . Received votes Received votes FOR THE OFFICE OF COUNTY TREASURER. Received votes Received votes FOR THE OFFICE OF RECEIVER OF TAXES AND COUNTY TREASURER Received votes Received votes FOR THE OFFICE OF COUNTY COMPTROLLER. Received votes Received votes FOR THE OFFICE OF SHERIFF. Received votes Received votes FOR THE OFFICE OF CORONER. Received votes Received votes FOR THE OFFICE OF ASSESSOR. Received votes Received votes FOR THE OFFICE OF INSPECTOR. Received votes Received votes FOR THE OFFICE OF ROAD COMMISSIONER. Received votes Received votes And we further certify that the Clerks appointed by us were duly sworn or affirmed according to law, and that we were duly sworn or affirmed. 53 In Testimony Whereof, we the Judges of said Election for said election district have hereunto set our hands the day and year aforesaid. In the said written or printed forms of certificates before p.„. ,, , . T 1 1 r «'<=■ clerks whom the judges shall direct to that duty, and one of the judges shall write against it, on the alphabetical list as contained in the "Book of Registered Voters" delivered by the Registrar to the Inspector or other officer authorized by law to hold the -election, the word 'Voted." There shall be no examination of Ballots not to be a ballot except to determine that it is single ; and the Inspector examined, or other officer authorized by law to hold the election shall, im- mediately after pronouncing the elector's name put the ballot Depositing into the box in his presence, unless the vote shall be objected to. ^'^"°'- Section 19. The Inspector or other officer authorized by „,, .. „ . » ., . 1 1 1 1 1 • 111 1 - • • 1 What ballots not law to hold the election, shall not at any election receive or de- to be received, posit in the ballot box the ballot of any person offering to vote tmtil his name shall have been found in the list of registered voters as contained in the Book of Registered Voters delivered *Amende' ^' ^^^^ mation which shall be admin stereHh [f''™^ oath or afifir- officer authorized by law to h" Id [he election :"P^^^"'' "^ °^^- I have noV;ecei;ed"o; accented' or off ^ aT' ^°' ^^™^) ^hat paid, or transferred or dehvererl' ^"^, ^° "^"^^^ ^^ accept, transfer or deliver,or cont Z^e.i n °ff'''' ^' P^^"^^^^^ to pay tribute to anotherfo be pa d or userlf ''''^ °' P^°"^^^^^^' '^ ">" ble. thing as compensatio^n ndLem nt"orT"'-" ?\ ""''''' ^'''^^- tenng or abstaining from re^steHn^ of "^^'^ ^°' ^'^^ ^^^^S" register, or for the living or vfthhni/ """^ °"^ qualified to> ^ vmg or withholdmg a vote at this election. cj Signed of n! rrbe^i^g^^"."' :° ,^^'°- "- 'his . . . . : : .■ : : : : : : ;,,; SS,^\&S;^,^^,f;;l;oath_ or affirmation shall be Inspector, conclusiveevidence to the cieciion otlicers of the trnth of u "'^'^'"^ive evidence to the and no conviction thereof th r 1 «^"''JJJciiion, out It same shall be guilty" orp;;;-;ry.ni'!l'i'„P''50" "}^king 59 shall bar any prosecution under Section 8 of Article V of the Constitution of this State. In order to enable the election offi- cers to carry into effect the provisions of this Section, the Sheriff of each county shall cause to be prepared a book containing not less than five hundred blank forms of the oath or affirmation ^"""^ °^ °^'^^ provided for in this Section, and shall cause one of said books to be delivered to the Inspector or other officer authorized by Delivery of. law to hold the election in each of the election districts of his county at the time provided in Section 3 of this Act. Such oath oathtobe or affirmation when signed and attested as herein provided, evidence, shall be competent evidence in any proceeding against the party making the same. Section 20. The election shall be continued open until six Qosing election, o'clock in the afternoon when it shall be closed. The Inspector or other officer authorized by law to hold the election, shall one- half hour before closing the election make proclamation that the same will be closed in that time. Section 21. When the election shall be closed the Inspec- counting of tor or other officer authorized by law to hold the election, and ^°'^^- Judges, shall openly and publicly unlock the box containing the ballots, and shall remove the lid so far as that the ballots can be taken separately from the box, one of the judges shall keep in his custody the said box, while another shall publicly, in the presence of the other Judges and such of the electors as shall think proper to be present take the ballots one by one from the box and read the same. When a ballot shall be read, it shall be put into the other box delivered by the Sheriff to the Inspec- tor or other officer authorized by law to hold the election, as provided in the third section, it being first seen that the said box contains nothing, and the same being kept during the reading in the possession of one of the'Iudges; and two clerks at least , ■' o ^ Account no\v" shall keep accurate count of the ballots as they are read, which kept, shall be done on such tally lists as aforesaid, by writing the name of every person voted for in the margin under a designa- tion of the office for which the vote is given to him, and making a distinct dot with a pen in the squares in the row against such name for every vote such person shall receive for the same office, and each square when full shall contain five rows of dots, each row consisting of five dots and each clerk shall upon read- ing of the name repeat it with the number of the dots in the row pronouncing at the last dot in the square "tally full," and at the first dot of the succeeding square "one of a new," if the same person shall be voted for for different offices, his name shall be written in the margin for each office, and a just count kept of the votes given to him for each office. The reading and count- Counting not to ing of the votes shall be continued, without interruption or ad- ^^ '"'"'•up'ed. journment until completed. 6o Certificates, of result, signing. Form. Certificate to be placed in envelopes. Entrj' on envelopes. Election officers to write their names on the sealing. Signing of tally lists. Deposit. Securing and sealing lid of box Custody of •certificates. Section 22. When the reading and counting of the votes is completed the Inspector or other officer authorized by law to hold the election and Judges shall forthwith make and sign three certificates of the election in their election district according to the form prescribed in Section 6 stating every office for persons to fill which votes shall have been given at said election, the name of every person to whom any vote shall have been given for such office, and the number, in words at length, of votes given to such person for the said office. The said certificates shall be put in separate envelopes, which shall be furnished by the Sherifif, and said envelopes shall be endorsed on the face thereof with the words "Certificate of the votes cast in election district of Representative District at the general election in ., county, A. D ," and on the back of each envelope after the same shall have been sealed the Inspector or other officer authorized by law to hold the election and Judges slia.ll respectively write their names crosswise the sealing. The tally lists shall be signed by the Inspector or other offi- cer authorized by law to hold the election. Judges and Clerks, and deposited with one of said envelopes containing a certificate in the box into which the ballots shall have been put when read and the lid of said box shall be secured by tape crossed and sealed with sealing wax by one of the Judges not being the In- spector or other officer authorized by law to hold the election, one of the said envelopes containing a certificate and the ballot boxes shall be kept by the Inspector or other officer author- ized by law to hold the election, the other and remaining envel- ope containing a certificate shall be kept by one of the Judges not being of the same political party as the Inspector or other officer authorized bv law to hold the election. Delivery of certificates and ballot box. To whom •deliTcred. Delivery to •Court. Duty of Court. Canvass of «lection. Section 23. The presiding election officer of each election district in the respective counties of this State, on the day next after the general election, shall deliver one of the envelopes con- taining a certificate of the election, made and certified as here- inbefore required, together with the ballot box' or ballot boxes containing the ballots and other papers required by law to be placed therein to the Prothonotary of the Superior Court of the county, who shall at twelve o'clock noon on the second day after the election present the same to the said court, and the election officer having charge of any other certificate of the elec- tion shall at the same time present the same to the said Court, and the said Court shall at the same time convene for the per- formance of the duties hereby imposed upon it ; and thereupon the said Court with the aid of such of its officers and such sworn assistants as it shall appoint shall publicly ascertain the state of the election throughout the county and in the respective hun- 6i dreds and election districts, by calculating^ the aggregate amount of all the votes for each office that shall have been given in all the hundreds and election districts of the county for every person voted for for such office. For the purposes of this Section the Superior Court shall of whom court consist in New Castle County of the Chief Justice and the Res- to consist, ident Associate Judge ; in Kent County of the Chancellor and the Resident Associate Judge ; and in Sussex County of the Resident Associate Judge and the remaining Associate Judge, who shall for the purpose of this Act be a Board of Canvass for court to be the respective counties of this State; in case the certificates of v °s7.'^ °^ '^^"" election of any election district in the county shall not be pro- duced or in case the certificates produced do not agree or in case of complaint under oath of fraud or mistake in any such certificates or in case of fraud or mistake is apparent on the face of any such certificate the Court shall have the power to issue Powers of Court summary process against the election officers of such election district or any other persons to bring them forthwith into Court with the election papers in their possession or under their con- trol, and to open the ballot boxes and take therefrom any paper opening ballot contained therein, and to make a recount of the ballots con- boxes. tained therein, and to correct any fraud or mistake in any certificate or paper relating to such election. Section 24. If the presiding election officer of any election district after the election shall die or be prevented by sickness J^*acci'dent"of* or accident from delivering the certificate of election, together p/esiding eiec- • . tion otficcr with the ballot box or ballot boxes containing the ballots and other papers required by law to be placed therein to the Pro- thonotary of the Superior Court of the county, as required in the preceding section, the said certificate of election and ballot boxes for his election district shall be sent by safe and secure sending certifu conveyance (for the safety of which the persiding election officer cates, etc. or his executors or administrators or heirs shall be responsible) to the Prothonotary on the day next succeeding the day^of the general election. Section 25. After the state of the election shall have been certificates, ascertained by calculating the votes as aforesaid the said Su- "' '■^^"''■ perior Court shall make under the seal of said court the follow- ing certificates, to wit : Three certificates of the election of electors of President and Vice President of the United States, certiiying in words at length the number of votes given for every person voted for, for that office. Four certificates of the election of Governor, certifying in words at length, the number of votes given for every person voted for, for that office. 62 Four certificates of the election of Lieutenant Governor, certifying in words at length, the number of votes given for ev- ery person voted for, for that office. Two certificates of the election of a representative or repre- sentatives, as the case may be, of this State in the House of Representatives of the United States in Congress, certifying in words at length, the number of votes given for every person voted for, for that office. Four certificates of the election of Attorney General, certi- fying in words at length, the number of votes given for every person voted for, for that office. Four certificates of the election of Insurance Commissioner, certifying in words at length, the number of votes given for ev- ery person voted for, for that office. Four certificates of the election of State Treasurer, certify- ing in words at length, the number of votes given for every per- son voted for, for that office. Four certificates of the election of Auditor of Accounts, certifying in words at length, the number of votes given for ev- ery person voted for, for that office. Two certificates of the election of a Senator for . . . .Senatorial District of the County in the General Assembly, Two certificates of the election of a Representative for Representative District of the county in the •General Assembly. Two certificates of the election of Prothonotary. Two certificates of the election of Clerk of the Peace. Two certificates of the election of Register of Wills. Two certificates of the election of Recorder. Two certificates of the election of Register in Chancery. Two certificates of the election of Clerk of the Orphans' ''Court. One certificate of the election of Levy Court Commission- ers for Levy Court District (New Castle County.) One certificate of the election of Levy Court Commissioner for Representative District (Kent County.) One certificate of the election of Levy Court Commission- ers or of such of said officers as shall have been voted for at the .said election. 63 One certificate of the election of County Treasurer. One certificate of the election of Receiver of Taxes and County Treasurer. One certificate of the election of County Comptroller. Two certificates of the election of Sheriff. Two certificates of the election of Coroner. One certificate of the election of Assessor for Assessment District or Hundred (in New Castle County.) One certificate of the election of Assessor for Representative District (in Kent County.) One certificate of the election of Assesor for Hundred (in Sussex County.) One certificate of the election of Inspector for Election District of Representative District. One certificate of the election of Road Commissioners for Hundred (New Castle County.) The said Superior Court shall inclose and seal up each of sealing said certificates separately in an envelope, with an endorsement certificates, thereon describing the certificates inclosed. Upon the paper Endorsement, inclosing the certificates of the election of Senator or Represen- tative in the General Assembly, the name of the person chosen shall be endorsed. The said Court shall deliver the ballot boxes Pn'\^^^°* to the Sheriff of the county, to be by him kept and delivered as to sheriff. required by law. Section 26. The aforesaid certificates may be according Form of to the following form, to wit: certificate. The State of Delaware County, ss. Be it remembered, that at the general election held on the Tuesday next after the first IMonday in November, in the year of our Lord one thousand hundred and for County, according to the Constitution and laws of the State of Delaware '(here insert, to wit. : If the cer- tificate be of an election of electors of President and Vice Presi- dent, of Governor, of Lieutenant Governor, of Representative in Congress, of Attorney General, of Insurance Commissioner, of State Treasurer, of Auditor of Accounts, the number in words at length of votes given for each person voted for. for said respective offices ; if the certificate be of an election of Sen- ator or Representative in the General Assembly, or, of Pro- thonotary, of Clerk of the Peace, of Register of Wills, of Re- 64 corder, of Register in Chancery ,of Clerk of the Orphans* Court,, of Levy Court Commissioner or Commissioners, of County- Treasurer, of Receiver of Taxes and County Treasurer, of County Comptroller, of Sheriff, of Coroner, of Assessor, of In- spector or of Road Commissioner, the names of the persons elected), which is manifest by calculating and ascertaining the aggregate amount of all votes given for each person voted for in all the hundreds and election districts of the county, accord- ing to the provisions made by law in this behalf. In testimony whereof, we and constituting the Superior Court for County, who have met and ascertained the state of the election throughout the said county, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto- affixed at the Court House in said county, on this day of November, A. D Manner of filling And the manner of making the insertion aforesaid may be as follows, to wit. : IN CASE OF ELECTORS OF PRESIDENT AND VICE PRESIDENT. votes were given for ,, for Elector votes were given for '. for Elector and so on, naming each person voted for. IN CASE OF GOVERNOR. votes were given for for Governor votes were given for for Governor and so on, naming each person voted for. up certificate. IN CASE OF LIEUTENANT GOVERNOR. votes were given for for Lieutenant Governor votes were given for for Lieutenant Governor and so on, naming each person voted for. IN CASE OF REPRESENTATIVE TO CONGRESS. .... votes were given for for Representative to Congress- .... votes were given for for Representative to Congress. and so on, naming each person voted for. IN CASE OF ATTORNEY GENERAL. votes were given for for Attorney General votes were given for for Attorney General and so on, naming each person voted for. 65 IN CASE OF INSURANCE COMMISSIONER. votes were given for for Insurance Commissioner votes were given for for Insurance Commissioner and so on, naming each person voted for. IN CASE OF STATE TREASURER. votes were given for for State Treasurer votes were given for for State Treasurer and so on, naming each person voted for. IN CASE OF AUDITOR OF ACCOUNTS. votes were given for for Auditor of Accounts votes were given for for Auditor of Accounts and so on, naming each person voted for. IN CASE OF SENATORS TO GENERAL ASSEMBLY. was duly elected Senator for the Senatorial District for said county in the Gen- eral Assembly ; and so on giving certificates for each Senator elected in the respective Senatorial Districts of the county ; and was duly elected Senator for the Senatorial District for said county in lieu of late Senator for said Senatorial Dis- trict of said county in the General Assembly ;'and so on giving certificates for each Senator elected in lieu of any other Sena- tor for any Senatorial District for said county in the General Assembly. IN CASE OF REPRESENTATIVES TO GENERAL . ASSEMBLY. was duly elected Represntative for the Representative District for said county in the General Assembly ; and so on, giving certificates for each Rep- resentative elected in the respective Representative Districts of the county. IN CASE OF PROTHONOTARY. was duly elected Prothonotary for County. IN CASE OE CLERK OF THE PEACE. .was duly elected Clerk of the Peace for IN CASE OF REGISTER OF WILLS. . .was duly elected Register of Wills for County. County. 66 IN CASE OF RECORDER. was duly elected Recorder for County. IX CASE OF REGISTER IN CHANCERY. was duly elected Register in Chancery for County. IN CASE OF CLERK OF THE ORPHANS' COURT. was duly elected Clerk of the Orphans' Court for County. IN CASE OF LEVY COURT COMMISSIONERS FOR NEW CASTLE COUNTY. was duly elected Levy Court Commissioner for District in said County ; and so on, giving a cer- tificate for each Levy Court Commissioner elected in each dis- trict in said County. IN CASE OF LEVY COURT COMMISSIONERS FOR KENT COUNTY. was duly elected Levy Court Commissioner for Representative District in said County ; and so on, -giving a certificate for each Levy Court Commissioner elec- ted in each Representative District in said county. IN CASE OF LEVY COURT COMMISSIONERS FOR SUSSEX COUNTY. was duly elected Levy Court Commissioner for Hundred in said county, and so on, for each Levy Court Commissioner elected for any hundred in the county. IN CASE OF COUNTY TREASURER (IN KENT AND SUSSEX COUNTY.) was duly elected County Treasurer for County. IN CASE OF RECEIVER OF TAXES AND COUNTY TREASURER (IN NEW CASTLE COUNTY.) was duly elected Receiver of Taxes and County Treasurer for said county. 67 IN CASE OF COUNTY COMPTROLLER (IN NEW CASTLE COUNTY.) ^ was duly elected County Comptroller for New Castle County. IN CASE OF SHERIFF. was duly elected Sheriff for County. IN CASE OF CORONER. was duly elected Coroner for •County. IN CASE OF ASSESSOR IN THE CITY OF WIL- MINGTON. was duly elected Assessor for As- sessment District of the city of Wilmington, and so on, giving certificates for each Assessor elected in the respective assess- ment districts in the city of Wilmington. IN CASE OF ASSESSOR IN NEW CASTLE COUNTY OUTSIDE THE CITY OF WILMINGTON. was duly elected Assessor for Hundred in said county, and so on, giving certificates for each Assessor elected in the respective Hundreds •of said county. IN CASE OF ASSESSOR IN KENT COUNTY. was duly elected Assessor for Representative District in said County, and so on, giving cer- tificates for each Assessor elected in the respective Representa- tive Districts in said county. IN CASE OF ASSESSOR IN SUSSEX COUNTY. was duly elected Assessor for Hundred in said county, and so on, giving certificates for each -Assessor elected in the respective Hundreds of said county. IN CASE OF INSPECTOR OUTSIDE OF THE CITY OF WILMINGTON. was duly elected Inspector for , Election District of Representative Districts for County, and so on, giving certificates Jor each Inspector elected in each election district in each Rep- jesentative District for the respective counties. 68 Tie votes. Certificate of tie to be deliv- ered to Governor. Delivery of cer- tificates of elec- tion by Court. Duplicate returns. Delivery of. IN CASE OF ROAD COMAIISSIONERS FOR NEW CAS- TLE COUNTY. was duly elected Road Commissioner for Hundred of said county, and so on, giving; certificates for each Road Commissioner elected in said county. Section 2'j. If, by reason of an equal number of votes hav- ing been cast for two or more persons for the office of Senator or Representative in the General Assembly,- Prothonotary, Clerk of the Peace, Register of Wills, Recorder, Register in Chancery, Clerk of the Orphans' Court, Levy Court Commis- sioners, County Treasurer, Receiver of Taxes and County Treasurer, County Comptroller, Sheriff, Coroner, Assessor, In- spector or Road Commissioner (for New Castle County,) it shall appear to the said Court that a vacancy will occur in said office, a certificate of such fact shall thereupon be made under the hands of the said Superior Court, and under the seal of said Court, which certificate shall be transmitted by the said Court to the Governor, and the aforesaid certificate of election shall be delivered as hereinafter is provided. Section 28. The said Superior Court, shall within three days after making the certificates of the election for Electors of President and \'ice-president, either personally, or by a person deputed by it for that purpose, transmit, deliver and lodge the said certificates of the election for Electors of President and Vice-president, as follows, to wit : One to the Governor, another to the Secretary of State, and the other to the Prothonotary of the County ; and shall transmit, deliver and lodge the certificates of the election for Governor, according to the directions of the Constitution in that behalf, and shall transmit, deliver and lodge one of the said certificates of the election for Lieutenant Governor to the Pres- ident of the Senate, or in case of a vacancy in the office of Presi- dent of the Senate, or his absence from the State, to the Secre- tary of State, who shall keep the same until a President of the Senate shall be chosen, to whom they shall be immediately transmitted after his election, who shall open and publish the same in the presence of the members of both Houses of the General Assembly, Duplicates of the said returns shall also- be immediately lodged with the Prothonotary of each county, and shall transmit, deliver and lodge one of each of said certifi- cates of the election for Representative, or Representatives, in the House of Representatives of the United States to the Gov- ernor, and lodge the other of the said certificates in the office- of the Clerk of the Peace of the county ; and shall transmit, de- liver and lodge one of the certificates of the election for Attor- ney General, for Insurance Commissioner, for State Treasurer 69 :and for Auditor of Accounts to the Governor and the other of .said certificates in the office of the Prothonotary of the coun- ty ; and shall transmit and deliver one of said certificates of the election of Senator and one of said certificates of the election of Representative in the General Assembly, in the office of the Prothonotary for Kent county, and further shall deliver, on the -first day of the meeting of the General Assembly after the elec- tion the other certificate of the election of Senator to the Sen- .ate, and the other certificate of the election of Representative to the House of Representatives ; and shall transmit and deliver •one of said certificates of the election of Prothonotary, of the Clerk of the Peace, of Register of Wills, of Recorder, of Regis- ter in Chancery, of Clerk of the Orphans' Court, of Sheriff and •of Coroner, to the Governor and the other of said certificates to the Clerk of the Peace of the county, except the one for ■Clerk of the Peace, which shall be delivered to the Prothono- .tary ; and shall transmit and deliver the certificate of the elec- tion of each Levy Court Commissioner, in New Castle and * Kent counties, and the certificate of the election of Levy Court Commissioners in Sussex county to the Clerk of the Peace of the respective counties ; and shall transmit and deliver the cer- tificate of election of the County Treasurer, of Receiver of Taxes and County Treasurer (in New Castle County) and of 'Comptroller (in New Castle County), to the Clerk of the Peace ■of the county ; and shall transmit and deliver one of the certifi- icates of the election of Assessor, of Inspector and of Road Commissioner (in New Castle County) to the Clerk of the Peace ■of the county, to be laid before the Levy Court, and one for each of said officers to the Sheriff of the county to be by him delivered to the respective parties certified to have been elected. 'The Prothonotary of Kent county shall, on any day of the meetinor of the General Assembly, deliver, if required, the cer- P';'?'h°"°'^''y '<> *^ * -*■ QGiivcr certain tificates of election of Senators or of Representatives to the or- certificates to der of the House to which it belongs, or to the person named Assrafbiy. in the endorsement thereon. Section 29. Each Inspector or other officer authorized by inspectors to ■ law to hold the election, shall, on the day next after the general et^c'"^" al^rkof election, deliver into the office of the Clerk of the Peace of his the'peace. county, the oaths or affirmations that shall have been signed "by the Inspector, or other officer authorized by law to hold the •election and Judges of the election in his election district, and the certificate of said oaths or affirmations being administered, to be made and signed as directed in the twelfth Section of this Act, and the two lists of the polls kept at the election as before directed, and the Register and the Book of Registered Voters, certified to by the registration officers, with the notes of ■"\'Oted," as the -same shall have been made in said last men- 70 tJoned book on the day of the election ; all of which shall be- filed in the office of the said clerk, and shall be public records^ and as such, admissible as evidence. Sheriff to pre- Scction 30. The Shcriflf shall preserve the ballot boxes- bo^xe*s^etc°' Containing the ballots, and other papers required by law to be- placed therein, safely, and secured in the manner in which the same shall have been delivered to him, until the last day of. February next after the election. If the term of office of the said Sheriff shall expire prior to the said last day of February, he termol'office shall dclivcr, withiu two days after the expiration of ofsheriff. j^jjg term, the said ballot boxes, containing the ballots and other papers required by law to be placed therein, preserved in. the same manner in which they were when delivered to him, tO' his sucessor in office, who shall safely and securely keep the same in the manner in which the same shall have been delivered to him, until the said last day of February next after the elec- tion. Power of Senate Scction "ii . The Scuatc shall have power to compel a de- to comDcI Qsliv- ■ ery of ballot Hvcry to that body of the ballot boxes aforesaid, and for that boxes. purpose to order and cause to be arrested and brought before them any Sheriff having the custody of the said ballot boxes, Refusal of and to adjudge him guilty of a contempt for neglect or refusal Sheriff. ^^ deliver any such ballot boxes and to proceed against him ac- HouseofRe re- ^*-*^^^"§^^-^' ^^'^^ ^^^ Housc of Representatives shall have power sentativesto to compcl the delivery of said ballot boxes in like manner and have like power, u l"i T ^ by like proceedings. Duty of Gov- Section 32. The Governor, after receiving the certificates- retu/n's" ^''^'"'"^ of the statc of the votes of the respective counties of the State, under the seal of the Superior Court, for the office of Attorney General, Insurance Commissioner, State Treasurer and Auditor of Accounts, or any of whom as shall have been voted for at the preceding general election, shall, without delay, examine the returns and declare the person or persons elected, and shall Certificate of issuc Certificates of such election under his hand, and the same, election. tcgcthcr with the returns, shall be filed in the office of the Sec- Fiiing. retary of State, and the Governor shall by proclamation make- public the state of the vote by causing the same to be published Proclamation by in One Or morc of the public newspapers of the respective coun- Sta^rby'vote ^^^^ ^^ ^^""^^ State, and shall issue commissions to the persons^ elected, as required by the Constitution in that behalf. Section 33. That all Acts or parts of Acts supplied by this. Act or inconsistent with the provisions thereof are Eereby re- pealed and made null and void. Approved June i, A. D. 1898. 71 CHAPTER 37, VOLUME 19. AN ACT to provide for the Secrecy and Purity of the Ballot. Be it eyiaded by the Senate and House of Representatives of the State of Delaware in General Assembly tnet : Section i. That hereafter it shall be the duty of each In- ^^ty of inspec- spector of Elections in this State, outside of the citv of Wilming- tor to provide a ■1 .,,,,. . ', .°, room for holding' ton, to provide a room for the holding of any general or special elections. election in his hundred or election district which shall be adapted to the requirements of this act. Said room shall be at piaceofhoid^ the place now or which may hereafter be established by law in ing elections. each hundred or election district for the holding of elections, or in as close proximity thereto as practicable, having due regard to the convenience of the voters.* Provided, however, that if any Inspector shall select a place for the holding of any gen- Notice of change eral or .special election in his hundred or election district, other TnJ'e^ections." than the one established by law, he shall do it in time to give the notice of holding such election required by law. Said room shall have a door or entrance of easy or convenient access, and if practicable, a separate means of exit. It shall be provided on pianofroom the outside with a passage at least four feet wide and with a and entrance. railing, rope or wire on each side commencing at least thirty feet away from and leading to the entrance to such place of election and passing the place assigned for the challengers and thence to the entrance of the room in which the election is held. The Inspector shall provide for the room a railing therein interior appu- separating the part of the. room to be occupied by the election ^"""^ ° '^°°'"' of^cers from the remainder of the room. He shall also provide a suitable table and chairs for the use of the election ofificers. The table shall occupy such a position in said room as to enable the election officers and the challengers hereinafter provided for to easily communicate with each other. He shall cause to be constructed in the room at least one booth for every one Booths, hundred and fifty voters or fractional part thereof in each hun- dred or election district ; provided that there shall not be less than three booths at any one hundred or election district. The booths shall be at least three feet square and six feet high if the sizea..dar- ceiling will admit it. They shall each contain a shelf properly P"f^^^"' °^ constructed and provided with pen and ink and they shall be so constructed and arranged that all the election oflficers in the *See Section 2, of Chapter 38, Volume XXI. 72 Duty of the department of elections in the City of Wil- mington, in providing con- veniences for •elections. Challengers . room can see whether more than one voter enters any one of them at any one time. In the City of Wilmington it shall be the duty of the Department of Elections to select the voting place in each election district within the city and to provide the room in which the election is to be held and to protect the same with the required railing or rope and to construct therein the necessary number of booths and to do all other things required to be done by the Inspectors of Election outside of the City of Wilmington in and about the furnishing and fitting up of said room. Section 2. *Each of the political parties may select and accredit some suitable person as a challenger to stand without the door or entrance of the room in which the election is to be held, and by the side of the passage hereinbefore provided for; and in case of failure of any or all of the political parties to se- lect such person or persons as challenger or challengers it shall be the duty of the Inspector and Judges to make such selection or selections, provided that the challengers may be exchanged and their places filled in like manner during the day. Section 3. A political party within the meaning of this Act poHUcai shall be an organization of bonafide citizens and voters of any county in this State, which shall by means of a convention, pri- mary election or otherwise, nominate candidates for public offi- ces to be filled by the people at any general or special election within the State. No organization shall be regarded as a polit- ical party that does not represent at least one hundred bonafide citizens and voters of the county in which it exists. If the Clerk of the Clcrk of the Peace should have anv doubt as to the sufificiencv x^C3C6 m3.V a •-' » demand certifi- of the uumbcr of bouafidc voters represented by any organiza- organfzation. ^lon ill Ruy couutv, he may demand a certificate of twenty-five voters belonging to such an organization as to that fact. What shall con stitute a party under this Act. Clerks of Peace to print ballots. Nomination to be certified to Clerk of the Peace . Section 4. The Clerks of the Peace for the several counties shall cause to be printed on the ballots, herein provided for, the names of the candidates nominated by the parties recognized b\ them as political parties within the meaning of this act. The nomination of the candidates for the office of Governor. Repre- sentatives in Congress and Presidential Electors shall be certi- fied to the several Clerks of the Peace by the presiding officer and secretary of the several State party conventions or commit- tees, and the nominations of the candidates for the county, hun- dred and district ofiices shall be certified to the respectiveClerks of the Peace of the county in and for which such nominations have been made by the presiding officer and secretary of the proper party convention or committee. The certificates shall :ee Section 3 Chapter 396, Volume XX, printed after this Act. 73 be in writing and shall contain the name of each person nomi- ^^^^ ^f nated, his residence and the office for which he is nominated, certificate. The persons making such certificates shall add to their signa- tures their respective places of residence and shall acknowledge said certificate before an officer duly authorized to take ac- knowledgements of deeds, and a certificate of such acknowledg- ment shall be affixed to the instrument. The certificate shall also designate a title for the party Certificate to which such convention or committee represents together with ordfvrceof^""^^ any simple figure or device by which its list of candidates may P^^y- be designated on the ballot. Provided that the figure or title or device selected and designated by the State convention or committee of any party shall be used by that party throughout the State-; only one figure or device shall be used by a party at any election. The same title, figure or device shall not be used Figures or de- by more than one party, and the party first certifying a name, ""^ ° parties, title, figure or device to the Clerks of the Peace shall have the prior right to use the same. Such figure or device may be the what figures or figure of a star, an eagle, a plow, or some such appropriate ^rused "^^ -symbol, but the coat of arms or seal of the State, or of the Uni- what shaii not ted States, or the flag of the United States, shall not be used as be used, such figure or device. In case of death, resignation or removal of any candidate Death, resigna- subsequent to nomination a supplemental certificate of nomina- of° candidates'' tion may be filed by the proper officers of the State, county, dis- trict or hundred committees. In case of a division in any party in case of divi- and claim by two or more factions to the same party name or fn°part'ies'^who"^ title, figure or device, if the division occurs at a State conven- shall use party tion, or extends throughout the State, the Clerks of the Peace ^^^ °'^ of the several counties shall, within ten days after any one of them has received the certificates of the contending factions. How decided, assemble in the office of the Clerk of the Peace at Dover and determine which faction the name, title or figure properly be- longs to, giving the preference to the convention held at the time and place designated in the call of the regularly constituted -party authorities ; and if within five days thereafter the other faction shall present no other party name or title, figure or de- vice and certify the same to the Clerks of the Peace the latter shall again immediately assemble and select some suitable title, figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certifi- cate of the contending factions shall not be received by the Clerks of the Peace in time for them to assemble at Dover be- fore publishing the device and list of candidates in the newspa- pers, then and in that case each Clerk of the Peace shall deter- mine for himself which faction shall be entitled to the name, ti- tle, figure or device and shall select a name, title or figure or 74 Clerk o< the Peace to pre- serve all certifi- cates of nominations. Time of filing certificates of nominations. Publication of nominations. In what news- papers pub- lished. Arrangement of nominations for publication. What nomina- tions shall be excluded from publication and from the ballots. Clerks of the Peace to print ballots. device for the other faction. Provided that in case of division* m any party extending only throughout a county, district or hundred, the Clerk of the Peace of the county in which such di- vision occurs upon the receipt of certificates from the contend- ing factions shall determine which faction is entitled to the party name, figure or device and to have their nominations- l-rinted in the proper party column, and should the other faction fail to do so the Clerk of the Peace shall select for them a name or title, figure or device. Section 5. The Clerks of the Peace of the several counties- shall cause to be preserved in their respective of^ces all certifi- cates of nominations filed under the provisions of this act for six months after the date of the filing thereof. Section 6. Certificates of nominations herein directed tO' be filed with the Clerks of the Peace shall be filed not less than twenty days before the day fixed by law for the election of the persons in nomination. Section 7. At least ten days before an election to fill any public office the Clerk of the Peace of each county shall cause to be published in at least two newspapers within his county the nominations to office certified to him as directed in Section 4.. He shall make no less than two publications in each of such newspapers before election. Such publications shall be made in two newspapers representing the two principal political par- ties. Provided, that in all cities where a daily newspaper is published such notice shall also be published in two daily papers representing such political parties, if such there be. The lists of nominations published by the Clerk of the Peace shall be ar- ranged as far as practicable in the order and form in which they will be printed upon the ballots, and shall designate the devices- under which the lists of candidates of each party will be printed. The Clerk of the Peace shall not include in the publication to be made according to this section the name of any candidate whose certificate of nomination shall have been filed in his office' who shall have notified him in writing duly signed and acknowl- edged that he will not accept the nomination. The names of such candidates shall not be included in the names of the candi- dates to be printed on the ballot as hereinafter provided. Section 8. The Clerk of the Peace in each county shall cause the names of all candidates to be voted for in his county and the several hundreds or districts in the same to be printed' in parallel columns in one ballot, all nominations of any party being placed under the title and device of such party as desig- nated by its authorized agent or agents in the certificate or cer- tificates, or if none be designated under some suitable title andii 75 device to be selcted by the Clerk of the Peace.* The ballots shall be of uniform size and of the same quality and color of paper size, form, style: and sufficiently thick that the printing cannot be distinguished ^aiio't°"°'^ °^ from the back. The arrangement of the ballot shall in general conform as nearly as possible to the plan hereinafter given, and the device named and chosen and the list of candidates of the Democratic party shall be placed in the first column on the left hand side of said ballot ; of the Republican party in the second column and of any other party in such order as the Clerk of the Peace shall decide. f Device Democratic Ticket. Device Republican Ticket. Arrangement of ballots. For Governor : A. B. For Representative in Congress : C. D. For Governor : E. F. For Representative in Congress : G. H. Section 9. In case of the death, removal or resignation of any candidate after the printing of such ballots and before such election, it shall be lawful for the chairman of the State, county, hundred or district political organization by which such candi- date was nominated to make a nomination to fill such vacancy and to provide the election officers of each election district in W'hich such candidate is to be voted for with a number of past- ers containing only the name of such candidate at least equal to the number of ballots provided for each election district, but no pasters shall be given to or received by anyone except such election officers and such chairman, and it shall be the duty of the Clerks of Election to put one of such pasters in a careful and proper manner and in the proper place in each ballot before they shall sign their initials thereon. Death, removal or resignation ofi candidates after printing of ballots. New nomina- tions, pasters, etc. Duty of clerks- of election in using such pasters. Section 10. If the printer of such ballots or any person pointer of bai- employed in printing the same shall give or deliver or knowing- lots to allow no. ly permit to be taken any of said ballots by any person other ta\eTout. nor than the Clerk of the Peace for whom such ballots are being o°h''erfor'm''"^^ printed or shall print, or cause or permit to be printed any bal- *Clerk of the Peace to fold ballots. See Section 8, Chapter 396, Volume XX. fSee Section 2 of Chapter 396, Volume XX. 76 Penalty. Number of bal- lots to be printed. Number of voters: how ascertained. Packages of ballots . Stamp. lot in any other form than the one prescribed by this act, or with any other names thereon than those authorized by the Clerk of the Peace or with the names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the said Clerk of the Peace, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dol- lars, or be imprisoned in the county jail not less than one nor more than five years or both at the discretion of the Court. Section ii. The Clerk of the Peace in each county shall cause to be printed within the State of Delaware in the form hereinbefore provided four ballots for every voter in each hun- dred or election district in his county, and the number of voters shall be ascertained in each hundred or election district by ref- erence to the highest number of votes polled therein at any pre- ceding election with due allowance for any estimated increase thereof. If a new election district has been established in his county the number shall be estimated by said Clerk of the Peace according to the best information he can obtain. *The Clerk of the Peace shall cause the ballots for each hundred or election district to be carefully wrapped and tied in two packages each containing the same which packages shall with wax. be plainly marked number of ballots, ind securely sealed Duty of Inspec- tors of election to appear at the ofRce of Clerk of the Peace to receive ballots on day before election. To keep safe. Failure of the Inspector to call for tickets, Clerk of the Peace to deliver to whom. fThe Clerk of the Peace in each county shall also provide and enclose in each of said sealed packages one stamp for ev- ery three hundred ballots contained in the package, bearing a (*) or such other device as he may select, together with ink pads or other necessary apparatus ready for use. Section 12. It shall be the duty of each Inspector of elec- tion outside of the city of Wilmington to appear at the office of the Clerk of the Peace of his county on the day preceding the election before the hour of three o'clock in the afternoon, and the Clerk of the Peace shall deliver to him one of the sealed packages of ballots and stamps for his hundred or election dis- trict, and the said Inspector shall safely keep the said package and i)roduce the same at the place of election and at the time of the opening of the election, provided, however, that in case there shall be a vacancy in the office of any Inspector on the day preceding the election, or any Inspector for any cause shall not apply to the proper Clerk of the Peace for the package of tickets printed for his hundred or election district by the hour of three o'clock in the afternoon of the day preceding the elec- *Clerk of the Peace to fold ballots. See Section 9, Chapter 396, Volume XX. tClerk of the Peace to supply indelible black lead pencil or crayon. See Chapter 6a, Vol. 22. 77 tion the said Clerk of the Peace shall deliver said package to some trusty person who shall deliver it on the day of the elec- tion to the Inspector of Election of such hundred or election district at the place of election and immediately upon the qual- ification of the election officers. In the city of Wilmington it shall be the duty of the Presi- to whom tick- dent of the Department of Elections, or in case he cannot at- the'cuyof'^'" tend some other member of the Department of Elections au- Wilmington, thorized in writing by the President of the Department of Elec- tions to appear at the ofifice of the Clerk of the Peace of New Castle county on the day preceding each election on or before the hour of three o'clock in the afternoon and the said Clerk of the Peace shall deliver to him one of the sealed packages and stamps for each election district in the city of Wilmington. And the said department of elections shall safely keep the same and deliver to each board of election officers and at the polling place on the day of the election at the time provided by law for the delivery of the ballot boxes the ballots intended for their sev- eral and respective districts. Section 13. Any Inspector or any other .election officer or p^naHyof ejec. anv other person whatever who shall break anv package con- tion officer or ."' . - 1 CI? other person taining ballots and ** or take any ballot therefrom, or sufifer breaking pack- the same to be done by another, before the opening of the elec- banot°"'etc.'"^ tion shall be deemed guiltv of a misdemeanor and upon con- ^f°''^ °p^"'"s cj - i of election. viction thereof by indictment shall be fined not less than three hundred dollars nor more than five hundred dollars and may at the discretion of the court be imprisoned for a term not less than one year nor more than two years. Section 14. If by any action or casualty the ballots de- loss ordestmc livered to any inspector or other person by any Clerk of the tion of ballots. Peace shall be lost or destroyed it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the same were obtained and make affidavit of the circumstances of the loss New supply whereupon such Clerk of the Peace shall at once re-supply such 0^^=*"°'^ person. In case such person having in custody said package fails or refuses to report and make proof of the loss, any quali- fied elector may do so, and thereupon such Clerk of the Peace shall at once send a new supply by some trusty person as pro- vided in other cases. In case, for any reason, there should be officers finT'"" no found no ballots or other necessary means or contrivances for of "oting'^aT""'^ voting, at the opening of the election it shall be the duty of the election, election officers at such election place to secure the same as speedily as possible, and, if necessary, such election officers ♦Amended. See Chapter 62, Volume XXII. 78 Proviso. shall have ballots printed or written ; provided, however, that such ballots shall conform as nearly as possible to the official ballots and the printing and the preparation and the care of the same shall be under the same provisions and penalties as the printing and the care of the other ballots prescribed in this act. Opening of package of "ballots. Duty of clerk -of election. Delivery of ballots. Inbtructions for voting. Inspectors to Tiave cards posted. Form of cards of instruction. Section 15. At the opening of the election, after the quali- fication of the several officers and in the presence of the others the Inspector or the chairman of the Board of Inspectors shall open the package of ballots in such a manner as to preserve the seals intact. He shall then deliver to the Clerk of the Election of the opposite political party from his own, twenty-five of the ballots and to the other Clerk of the Election the ** for marking the ballots. The Clerks of the Election shall at once proceed to write their initials, in ink, t(acro.ss the back of the ballot as folded and near the middle thereof,) in their ordinary handwrit- ing, and without any distinguishing mark of any kind. As each successive elector calls for a ballot the Clerk of the Election having custody of the ballots shall deliver to him the first signed of the twenty-five ballots, and the Inspector shall imme- diately deliver to the said Clerk of the Election another ballot which the Clerks of the Election shall at once countersign, as before, and add to the ballots already countersigned, so that it shall be delivered for voting after all of those theretofore coun- tersigned. Section 16. The Clerk of the Peace of each county shall cause to be printed in large type on cards, in English and such other language as he may deem necessary, instructions for the guidance of electors in preparing their ballots. He shall fur- nish twelve of such cards in each of the languages determined upon by him to each of the Election Inspectors at the same time he delivers to him the ballots for his hundred or election district. Each Inspector shall cause to be posted one of each of said cards in each place or compartment provided for the preparation of ballots, and one of each kind of such cards at or near to the outer end of the enclosure leading to the polling place, and not nearer than thirty feet of the polling place, and not less than three of each of such cards and three samples of each of the ballots in and about the polling place at the opening of the polls on the day of election, which sample ballots shall be printed on different colored paper than the genuine ballots. Said cards shall contain full instructions to the voters as to what must be done; First, to obtain ballots for voting; second, to prepare the ballots for voting; third, to obtain a new ballot *.'\mended. See Chapter 62, Volume XXII. tSee Section 9, Chapter 396, Volume XX. 79 in place of one accidentalh' defaced, mutilated or spoiled, also copies of Sections 24, 32, 33, 34 and 35 of this Act. Section 17. One challenger appointed and designated by challengers, €ach political party as hereinbefore provided shall be entitled ^''^"^ '° ^'*"*^- to stand at the side of the passage and near the entrance to the room.* Xo other person shall remain within thirty feet of said ko other per- entrance except for the purpose of offering his vote, and voters sons except to 1 11 1 1 . ,1 • ^1^ 1 • 1 • i 1 vote, to be with- sliall approach and enter the passage m the order m which they in 30 feet of appear for the purpose of voting. If any person offering to =""'^"'=^- vote shall be challenged by one of such challengers or by any one of the election officers his right to vote shall be at once de- challengers, termined by the proper officers, and if his vote is refused he shall immediately stand aside and give place to the person next in line and retire without delay from within the thirty feet space around the entrance to the room. ^ Section 18. Inoperative, See Section i, Chapter 396, ^'olume XX. Section 19. \\' hen a voter shall have been passed by the Admission of challengers he shall be admitted to the election room. Pro- ^°'^'' '° election "=> 11 1 room. vided, however, that there shall not be in the room at any one x- . r 1 • /^ • ]\ umber 01 time more than one voter for each booth therem On entermg voters admitted the roam the voter shall announce his name to the Clerks of room^'^"°" election, who shall register it. The clerk holding the ballots Eaiiot and pen- shall deliver to him one ballot and the other clerk shall deliver delivered'"'" to him a * * * * * * * * * * ggg gg^,. i, Chap. 396, Vol. 20. The voter shall then, and without leaving the room, go alone into any of the booths which may be unoccu- pied and indicate the candidates for whom he desires to vote.t Before leaving the booth or compartment the voter shall fold his ■ b 11 ballot so that no part of the face thereof shall be exposed, and so that the initials of the Clerks of the election shall be exposed, and on leaving the booth or compartment shall return the * * * to the Clerk of the election and deliver the ballot to the Inspector or to the Judge who may temporarily be authorized to act for the Inspector, who shall forthwith in the presence of How deposited. the voter and of the other election officers deposit the same in the ballot box, and the Clerks of the election shall write the '^"'>'°f '='"''=*• word "voted" after the name of the voter on the poll list. Pro- vided, however, that if any elector shall show his ballot or any ''°^'^°- part thereof to any person after the same shall have been mark- ed, so as to disclose any of the candidates voted for, such ballot sha,fnot'be'^ shall not be deposited in the ballot box. A minute of such oc- deposited. currence shall be made on the poll list and such person shall not *See Section 3, Chapter 396, Volume XX. fSee Section 2, Chapter 396, Volume XX. 8o No voter to leave the room with ballot and pencil. Number of persons in room at one time. Time for voting. Conversation. Defaced or mutilated ballots. be allowed to vote thereafter. The voter shall immediately af- ter voting leave the room, and upon his refusal to do so may be ejected therefrom, but no voter to whom a ballot and * * or either, have been delivered shall be permitted to leave the room without voting the ballot or returning it to the Clerk of the election or without returning the * '^ to the Clerk of the election from whom he received it. Any voter who shall, attempt to leave the room with the ballot or * * in his pos- session shall be at once arrested on demand of an election. To be arrested, ofificer. Section 20. Not more than one person shall be permitted to occupy any booth at one time, and no person shall remain in. or occupy a booth longer than may be necessary to prepare his ballot, and in no event longer than three minutes. No more than one person for each booth in the room other than the elec- tion officers shall be permitted to enter or be in the election room at any one time, and no voter or person offering to vote shall hold any conversation or communicate with any other per- son than an election ofificer while in the election room."^' Section 21.. Any person who shall by accident or mistake,, spoil, deface, or mutilate his ballot may, on returning the same to the Clerks of the Election and satisfying them that such spoil- ing, defacing or mutilation was not intentional, receive an- other in place thereof, and such clerk shall make a minute of the facts on the poll lists at the time, and the mutilated ballot shall then be destroyed by the elector in the presence of the election ofificers. Section 22. Supplied by Section i, Chapter 396, Vol. 20.. Section 23. No Inspector of election, or Judge acting for the Inspector, shall deposit any ballot upon which the initials of the Clerks of the election as hereinbefore provided for does not appear or any ballot on which appears externally any disting- uishing mark, defacement or mutilation.! Section 24. Any person who shall remove or attempt tO' remove a ballot or stamp from the election room, or have in his- possession outside of the election room any ballot or (t) either genuine or counterfeit, during the election, shall be guilty of a misdemeanor, and, on conviction thereof by indictment, shall, be fined not less than two hundred dollars and not more than' five hundred dollars or may be imprisoned for a term not ex- ceeding two years and not less than one; Section 25. That the election: oflficers, * * * before- entering upon the duties of their office shall each take an oathi What ballots not deposited. Penalty for removing or attempting to remove ballots or pencil from room, or having any ballot or pencil outside election room. Oaths of elec- tion officers. •See Section 7, Chapter 396, Volume XX. tSee Section 2, Chapter 396, Volume XX. iAmended. SeeChaptert 6'z, Volume XXJI.. 8i that he will not disclose the name of any voter who may change or alter his ballot or for whom he voted or how he marked his ballot; that he will not in any manner attempt to influence, in- timidate, persuade, bribe or coerce any voter in the marking of his ballot or in the making of the choice of the person or per- sons for whom he votes, and any election officer * * * * who shall violate his oath in any of these particulars shall be violation of guilty of wilful and deliberate perjury and upon conviction °*'^'^"''"'^' thereof by indictment he shall in addition to the penalties and disabilities annexed to such crime be fined not more than live hundred dollars and may at the discretion of the court be im- prisoned not exceeding two years. Section 26. Inoperative. Section 27. In the counting of the votes any ballot which ^^^^ ballots is not endorsed with the initials of the Clerks of the election as not counted. provided in this act, and any ballot which shall bear any dis- tinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to de- termine the elector's choice of candidates shall not be counted as to the candidate or candidates afifected thereby ; provided. Proviso. however, that such ballots and all disputed ballots shall be pre- „. , , , ■, , , 1 1 1 T 11 r 1 11 Disputed ballots served by the inspector and at the close of the count placed to be preserved. with the seals of the ballot packages in the box into which the ballots shall have been put when read. The election officers shall also record on the tally list memoranda of such ballots and Memoranda. the condition of the seal of the ballot packages ; and in any con- test of election such ballot and seals may be submitted in evi- dence. Immediately on closing the polls all the ballots re- maining unvoted or unused shall be counted and destroyed by Remaining the election officers of the several hundreds or election districts ^f"°e/^'o^ by totally consuming by fire, and the election officers shall cer- tify the number of ballots so destroyed by them on the respec- tive tally lists. The several Clerks of the Peace shall preserve the ballots p, , ^ j^ left over in their hands after supplying the hundreds and elec- Pe"ce^to destroy tion districts, as hereinbefore provided, until six o'clock P. M. ^^"°'^ '^'^^ °''"- of the day of election, and shall then count and destroy, by to- tally consuming by fire, all of such ballots but one, which he shall preserve in his office as a record together with his certifi- cate of the number of ballots counted and destroyed by him. ^Section 28. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the ballots felTo^Jfusli^' and * * printed and prepared according to the provisions of p^lX^J^^cr-^ this act,or shall neglect or refuse to deliver them in time to the term the dutie& under this act. ♦Amended. See Chapter 62, Volume XXII. 82 Penalty for elec- tion officers or voters' assist- ants revealing certain knowl- edge. Penalty^for falsely or fraud- ulently destroy- ing, etc., any certificate of nominations. Penalty for vio- lation of any provisions of this act . Duty of Sheriff, Compensation of Inspector or ■.trusty person. parties properly entitled to receive them, or shall neglect or re- fuse to do or perform any other duty in and about the prepara- tion and distribution of the ballots and * * required to be done and performed by him by the provisions of this act, he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars, and he may in the discretion of the Court be imprisoned for not less than one nor more than five years. Section 29. If any person being an election officer * * * shall reveal to any person how any elector has voted or what person or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted, such person or persons so offending shall be guilty of a misde- meanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be imprisoned not less than two years and not more than five years. Section 30. Any person who shall falsely make or fraudu- lently deface or fraudulently destroy any certificate of nomina- tion, or any part thereof ; or file any certificate of nomination knowing the same or any part thereof to be falsely made ; or suppress any certificate of nomination which has been duly filed or any part thereof ; .or forge or falsely make the official en- dorsement of any ballot ; or print or cause to be printed any imitation ballot or circulate the same ; or conspire with others to do any of said acts, or induce or attempt to induce any other person to do any of said acts whether or not said acts or any of them be committed or attempted to be committed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than five hun- dred dollars or imprisoned in the discretion of the court not more than five years. Section 31. If any Clerk of the Peace, Inspector of Elec- tion, Clerk of Election or Judge of Elections or trusty person * * * shall wilfully violate any of the provisions of this act in the performance of any duty herein imposed upon him for the violation of which no other punishment is herein provided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the court be im- prisoned for a term not exceeding three years. Section 32. The Sheriff shall make the ballot boxes and the tally lists and all other papers to be delivered to the several inspectors conform to the requirements of this act. The in- spector or the trusty person for his services in receiving and de- livering at the place of holding the election as aforesaid the packages containing the ballots and stamps shall receive two dollars. 83 Section 22- *I^ ^^J person not herein authorized so to do Penalty for .•shall enter or attempt to enter the election room, or enter or at- ^^^^"[^sor at- •1-1 •!• 1 1- 1 r 1 tempting to tempt to enter withm the raihng leadmg to the entrance of the enter election election room, or shall remain within thirty feet of the polling contJa°ryTd 'thfs place contrary to the provisions hereinbefore made, he shall be ^'^'• guilty of a misdemeanor and on conviction thereof be lined not more than two hundred dollars. Section 34. If any person shall induce or attempt to induce Distinguishing any elector to write, paste or otherwise place on his ballot the marks on baiiot name of any person or any sign or device of any kind as a dis- m"king. ""^ tinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors or any electors to so place any distinguishing mark or name on his ballot whether or not said act be committed or attempted to be committed, such persons so offending shall be guilty of a misdemeanor and on conviction be imprisoned for not exceeding two years. Section 35. If any person shall induce or attempt to in- jn^j^cingeiec- ■duce any election officers to violate any of the provisions of ''p" oncers to this act whether or not such election officer shall violate or at- visions of this tempt to violate any of the provisions of this act, such person ^*^'" so offending shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall Duty of be the duty of each inspector to distinctly read this and the inspector, preceding section to the election officers at the opening of the polls and each member thereof shall thereupon take an oath oath of election that he has not violated and will not violate the provisions of officers. said sections. Section 36. Any person who shall during the election re- penalty for move or destroy any of the supplies or other conveniences d^^tro^ing'con-'^ placed in the booths as aforesaid or delivered to the voter for veniences at the purpose of enabling the voter to prepare his ballot, or shall ^'°""space. ■during the election remove, tear down or deface the cards printed for the instructions of the voters, or shall, during an -election destroy or remove any booth, railing or other conven- ience provided for such election, or shall induce or attempt to induce any person to commit any of such acts whether or not any such acts are committed or attempted to be committed, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year. Section 37. Inoperative. * * * All necessary costs ^^^^^^^^ :and expenses incurred by the Inspector and Clerks of the Peace how paid.' *See Section 7, Chapter 396, Volume XX. 84 in carrying into effect the provisions of this act shall be paid as other county expenses are paid. Towhateiec-' Scction 38. This a£t shall apply to all municipal elections ion^VAhfs'""'^' ^^^^ ^" ^^^ '^^^y °^ Wilmington, * * * but it shall not apply act apply. * * * to the election for members of the Board of Educa- tion in the city of Wilmington. Inconsistent Scction 39. All acts Or part of acts inconsistent with this acts repealed. ^^^ ^^^ hereby repealed. Passed at Dover, May 15, 1891. CHAPTER 62, VOLUME 22. AN ACT providing that the Official Ballots shall hereafter be marked by the Voter when indicating his choice of Candidates with an indelible* black lead pencil or indelible black crayon. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : Section i. That whenever, under any provisions of the laws of this State, any voter or elector, at any election hereaf- ter to be held in this State, is required to indicate on the official ballot the candidates for whom he desires to vote at such elec- tion, by marking his ballot in such manner as to indicate for whom he casts his vote, every such voter or elector, at any elec- tion aforesaid, shall indicate his choice of candidates aforesaid^ by marking his ballot with an indelible black lead pencil or in- delible black crayon, and shall not use any other means or in- strumentality for such purpose. Shall use black Scctiou 2. That any and all mark or mxarks now required pencil or crayon, by the laws of this State, to be made on any official ballot, used at any election hereafter held in this State, shall be made by the- use of the pencil or crayon mentioned in Section i of this Act.. Mark m«de Any elcctor desiring to vote at any such election shall make crosL'dnne'^sin ? mark crossing two lines with the pencil or crayon aforesaid,. the square. in the large square enclosing the device at the head or top of any ticket printed on the official ballot, in heu of any mark now To mark the official ballot. What to be used. 85 May scratch oef required to be made with a stamp ; provided, however, that any name of any voter may cross out, or scratch off, the name of any person ap- onfy wuh' pearing on the said ballot under the square so marked by him, aJoresakT*^'' and in lieu thereof may or may not write in said ballot imme- May or may diately over the name so crossed out or scratched off, the name no'^'tei" r 1 1- i-iri r-r- name ot any of any other person who is a candidate for the same oflnce at other candidate, said election, and the said changes shall be made with the pen- Change to be ' . . ° i^ made with cil or crayon aforesaid. pencil or crayon aforesaid. Section -i. That it shall be the duty of the several persons Duty of those *-^ rGQuircd to who, at the time this Act becomes a law, are required by the fumish means laws of this State to provide and furnish any stamp for the use bauTt"*""^ of the voters at any election, to provide and furnish, in lieu thereof, at least one dozen indelible black lead pencils or black crayons for and to each and every election district, in which any •election as aforesaid is to be held, for the use of the voters in •said election district at any such election. If any person shall Penalty for re- mutilate, destroy, cancel or take away from any election district muuiafing any such pencil or crayon, so provided and furnished as afore- pencils or • • ••• crsvons said, before or during the time any election mentioned in this Act is being held, he, she or they, shall be guilty of a misde- meanor and shall be fined not exceeding five hundred dollars or Fine therefor. imprisoned not exceeding one year, or both, in the discretion of the Court. Section 4. That it shall be the duty of the several clerks putyofEiec- of the election in the several election districts in this State who furnish"oter were heretofore required to deliver to the electors or voters, with pencil in- 1 r -111- 111 1 stead of Stamp. the stamp heretofore required, to deliver and hand to each voter thereat one of the said pencils for the purpose of marking his ballot, and it shall be the duty of every such voter at any elec- tion mentioneid in this Act at the time of handing his ballot to the Inspector of Election or other person authorized by law to pendlol-cra^yon receive his ballot, to return to the said clerks of election the '° ^f "'" ^*^'^'' said pencil or crayon furnished him as aforesaid. Section 5. That if any person shall violate any of the pro- vioiattonof visions of this Act, not herein speciallv provided for, he, she or ^ws act to be I 1111 -1 r -1 ^ 1 ..a misdemeanor. they shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars or im- prisoned not exceeding one year, or both, in the discretion of the Court. Section 6. That all provisions of law in conflict with the provisions of this Act are hereby repealed. Approved March 2, A. D. 1901. 86 Abolished. Who may be assisted. CHAPTER 396. VOLUME 20. AN ACT to further provide for the Secrecy and Purity of the Ballot. Be it e?iacted by the Senate a7id House of Representatives of the State of Delaware in General Assembly 7net : Provided, that any person who shall be physically unable to pre- pare,* * * or fold his ballot by reason of such defective eyesight^ or the loss of the use of one or both hands, or inability to walk with safety without assistance, as manifestly renders him una- ble to prepare, (f) * * * or fold his ballot, or to reach the polling, place alone wdth safety, shall be permitted to bring with him into the election room and booth any elector (or two electors if the nature of the disability manifestly requires more than one,, such as a total disability to walk) of the polling district for the purpose of rendering him the necessary assistance. In case any elector shall feign any of such physical defects he shall be guil- ty of a misdemeanor, and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned for not more than two years. Section 2. That all ballots hereafter to be printed under authority of any law of this State for use at any general or spe- cial election shall be so printed that no small square shall be placed opposite the name of any person on any ballot, and any Stamping ballot, elector desiring to vote at any such election shall stamp his ballot in the large square enclosing the device at the head of any ticket printed on the official ballot, and may cross out the name of any person appearing on the said ticket under the square so stamped by him, and if he so desires, may insert in lieu of the name so crossed out the name of any other person nominated for the same office as the person whose name is crossed out, using only a black lead pencil for such purpose. And it is hereby expressly provided that if in lieu of the name of any person so crossed out the name of any person not nomi- nated for the office for which he is thus voted and whose name is not printed on said ballot, the ballot containing such name shall be treated as and is hereby declared to be a marked ballot and void and shall not be counted. Feigning physi- cal defects, misdemeanor. Punishment. Printing of ballots. Changing ballot. Marked ballot Challengers to have powers of peace officers. Section 3. That the challengers of the Democratic and Republican parties, respectively, chosen for any general or spe- *Voters Assistants restored. See Chapter 63, Volume XXII. fAmended. See Chapter 64, Volume XXII. 87 cial election hereafter to be held, shall be Peace Officers of the State with the same powers for preserving the peace as Inspec- tors of Election now have, and in the election districts outside the City of Wilmington the challengers shall be stationed out- side the entrance to the polling room, and shall not be allowed pomngpfacL. inside of said room. Any person resisting such challenger or challengers shall be deemed guilty of a misdemeanor and upon Resisting conviction thereof by indictment shall be fined not more than misdemeanor, one hundred dollars and may, at the discretion of the court, be imprisoned for a term not exceeding one year ; and in the City of Wilmington the said challengers shall act as Clerks of Elec- jLlungers^shlir. tion and perform all the duties now incumbent upon the Clerks act as clerks of. of Election, and before entering upon such duties shall be^"'°"' sworn as Clerks of Election are now required to be sworn to Oath. perform their duties as Clerks of Election, and receive compen- sation as such. Such Clerks of Election and challengers in the City of Wilmington shall be appointed by the respective County Committees of the Democratic and Republican parties, and the challengers in the election districts outside of the City of Wil- jjow appointed, mington shall be selected and named by the County Commit- tees of the said parties. Section 4. The County Committees of the Democratic judges, how and Republican parties in each county shall name and select selected. each a Judge of Election for each election district outside of the City of Wilmington, who shall be appointed and qualified at the time and perform the duties as now provided by law of Judges of Election in the districts for which they are chosen respectively. Section 5. That wherever in the laws of this State relating words defined, to general or special elections the words "principal political parties'' now occur, or words equivalent thereto or so designat- ing parties shall be used, the same shall be taken to designate and are hereby declared to designate the Democratic party and the Republican party. Section 6. That the Democratic and Republican County g ^^.^j og^ers Committees may each select and designate one suitable, repu- at entrance of table and sober person as a special officer to stand at the en- p° '"space. trance of the polling place, to be not less than thirty feet away from the entrance to the voting room as now provided by law, to regulate the admission of persons to the polling place, and while so stationed and performing their duties as herein pro- vided, the persons so designated shall be clothed with all the powers of officers of the peace as those now given by law to in- spectors of election, and any person resisting such special offi- cer shall be deemed guilty of a misdemeanor, and upon convic- tion thereof by indictment, shall be fined not more than one 88 Unlawfully en- tering voting room or doing any unlawful act Misdemeanor. Punishment. Each party may be represented at the prepara- tion for and opening of election. Clerks of Peace to have ballots folded. Initials of clerks of election on back of ballots. Folding ballot by voter. hundred dollars and may, at the discretion of the Court, be im- prisoned for a term not exceeding one year. Section 7. Before the hour of opening the polls on the day of election and at the time of opening the election and af- terwards at any time during the day of the election and before the hour of closing the election, if any person or persons shall enter the voting room or attempt to enter the same for the pur- pose of interfering with the election officers in the discharge of their duties as such or for any purpose, or shall attempt to mo- lest, disturb or prevent the election officers from proceeding regularly with any general or special election, or shall take charge of or attempt to take charge of any voting room wdthin in the time herein mentioned for the purpose of preventing or delaying an election or for any other purpose on election day, shall be deemed guilty of a misdemeanor, and upon conviction thereof fhall be fined not less than three nor more than five hundred dollars, and shall be imprisoned for a term not exceed- ing three years, provided, that a single representative of each political party, having nominated a ticket, and such party being represented on the ballot then printed for any general or spe- cial election, may at the opening of the election be present to aid in the proper qualification of the several election officers, and to see that the ballot boxes, tickets, blanks, etc., are all in proper condition ; but as soon as the election officers shall be qualified and ready to open the elections, the proper hour there- for having arrived, such representatives of each political party shall immediately retire from the election room ; provided, fur- ther, that such persons may first vote before retiring if they shall so desire. Section 8. That in addition to the duties now required of the Clerk of the Peace in said county relative to the printing and delivering of the ballots, each of said Clerks of the Peace shall, before delivering said ballots to the several inspectors of his county as now required by law, cause said ballots to be folded in one uniform manner in his county, in convenient form to be deposited in the ballot boxes, and so folded that no part of the face of the ballot shall be exposed. Section 9. That the clerks of the elections shall write their initials in ink across the back of the ballot as folded, and near the middle thereof, in lieu of the manner in which they have heretofore been required to do; and the voter before leaving the booth or compartment shall fold his ballot as near as he can in the same manner in which it was handed to him ; but failing to do this he must fold it so that no part of the face thereof shall be exposed and so that the initials of the clerks of the election shall be exposed. 89 Section lo. In case any elector who may be selected to as- voters; assistant sist any person by reason of the physical defects hereinabove tureofvotr mentioned shall reveal how such elector has voted or what per- son or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted, such elector or electors so offending shall be guilty of a misde- Misdemeanor cneanor and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned not less than "'^'^^'°^"'- •one nor more than three years. Section ii. That if any inspector of election, judge of elec- officer of elec- tion, clerk of election or challenger, shall in any way or manner unrawf^ac"'"^ or by any means or device whatsoever make known or com- municate by any means whatsoever or shall attempt to make "known or communicate by any means whatsoever, to any per- son or persons on election day while the election is in progress, or at any time thereafter, how any elector has or shall have voted, he shall be guilty of a misdemeanor and upon conviction Misdemeanor. thereof he shall be lined not less than one hundred dollars and Punishment, may, in the discretion of the court, be imprisoned for a term not exceeding one year. Section 12. That if anv person other than the election ^ ,-r 1 11 J r , . -. . • Secreting one s orncers shall secrete or attempt to secrete himself m any part of self in election the polling room during the hours of the election for any pur- ''°°'"' pose whatsoever, he shall be deemed guilty of a misdemeanor Misdemeanor and upon conviction thereof he shall be fined not less than one hundred dollars, and may in the discretion of the court be im- ^""'shment. prisoned for a term not exceeding one year. Section 13. If any Clerk of the Peace, Inspector of Elec- Any violation of tion, Judge of Election, Clerk of Election or challenger, shall '""^ ^" wilfully violate any of the provisions of this act in the perform- ance of any duty herein imposed upon him for the violation of which no other punishment is now provided by law, he shall be deemed guilty of a misdemeanor and upon conviction thereof Misdemeanor, he shall be fined not less (than*) three nor more than five hun- Punishment. dred dollars and may in the discretion of the court be impris- oned for a term not exceeding two years. Section 14. That all acts or parts of acts inconsistent with this act are hereby repealed. Passed at Dover, May 20, 1897. *This word omitted in enrolled bill. 90 Governor to appoint voters' assistants on or before October loth. The County Committees of the two parties having highest and next highest number of votes to submit list of names. If none are sub- mitted Governor to appoint. Voters' assist- ants to be in election room. Shall assist voter when requested. CHAPTER 63. VOLUME 22. AN ACT ci-eating the office of Voters' Aisistant and prescribing the duties thereof. Be it enacted by the Seriate ajid House of Representatives of the State of Delaware in General Assembly met : Section i. That on or before the tenth day of October in e?ch and every year in which a general election is held in this State, it shall be the duty of the Governor to select, appoint and commission an honest and capable man from each of the two principal political parties in each and every election district in this State, including the districts in the City of Wilmington,who shall be known as Voters' Assistants. The County Committees of the two principal political par- ties, which at the general election next preceding cast the high- est and next highest, number of votes respectively, in such County, shall each submit to the Governor the names of three men for such appointment and from said names the Governor shall select one to represent each party, but in no case no name or names is or are submitted by either or both, the Governor shall then make such appointment or appointments as he may see fit. Section 2. That the Voters' Assistants shall be stationed! within the room where the election is being held, and shall,when! requested by any voter, assist such voter to mark, alter, change,, scratch, or fold his ballot in the presence of the voter and of each other, and shall also, when requested by the voter, read over to him the names of the candidates on the ballot which he- desires to vote. Penalty for false Scctiou 3. That if any Voters' Assistant make a false dec- deciaration. laratiou to any voter he shall upon conviction be fined one hun- dred dollars, and any Voters' Assistant who shall decline any voter in any way shall be guilty of a misdemeanor, and on con- viction, shall be fined not less than Two hundred dollars nor more than Five hundred dollars, and may in the discretion of the Court be imprisoned for a term not exceeding five years. Section 4. That all Acts or part of Act inconsistent here- w'ith be and the same are hereby repealed. Approved March 8, A. D. 1901. 91 CHAPTER 53. VOLUME 23. AN ACT providing for the submission to the Qualified Electors of the State of Delaware the question whether a system of Advisory Initiative and Advisory Referendum shall be established in this State. Be it enacted by the Senate ajid House of Representatives of the State of Delaware in General Assembly met : Section i. That there shall be submitted to the qualified electors of this State, at the next general election to be held in ^vJan^Adl'lf-" the month of November, A. D., nineteen hundred and six, the ory Referendum . 11 . , • • to be submitted tOllOWmg question. to electors at general electioit "Shall the General Assembly of the State of Delaware pro- '" '9°^- vide a system of Advisory Initiative and Advisory Referen- dum?" Section 2. It shall be the duty of the Clerks of the Peace Dutyofcierk oi the several Counties of this State to have prepared a separate of Peace to ballot in substantially the following form. prepare Form of Ballot. Shall the General Assembly of the State of Delaware pro- vide a system of Advisory Initiative and Advisory Referendum? Form of baiiot. Yes. No. Section 3. The Clerks of the Peace of the several Coun- Ballots, the ties of this State shall provide the same number of ballots in number of and .,,. ., ^ -iiir.i 1 now furnished. the foregoing form as are now required by law for the general election, and shall furnish the same in all respects as is now or may hereafter be provided for the furnishing of other ballots to be used in the said general election. Section 4. Each person qualified to vote at the said gene- Qualified eiec- ral election shall be entitled to cast one ballot either for or c°st^one'baiiot, against the said system, and all the provisions of law now exist- ing shall apply to such qualified electors^ and all punishments now provided by law shall be imposed with the same force and effect as if expressly included herein. Section 5. At such general election any elector desiring Method of to vote in the affirmative upon the question submitted in the marking baiiot. said ballot shall place a cross opposite the word "yes" on said ballot, and any elector desiring to vote in the negative shall place a cross opposite the word "no. jj 92 Ballot boxes, how furnished. iBallot not mingled with K5ther ballots iused at general ■election. Election officers, their duty to ■count ballots And make re- turns thereof. Section 6. . It shall be the duty of the persons now re- quired by law in the several election districts of this State to furnish ballot boxes to be used at the said general election; to furnish a separate ballot box for each election district in this State, in which separate ballot box the ballots herein provided shall be cast and said ballots shall not be commingled with the other ballots used at such general election. Section 7. It shall be the duty of the election officers in each election district in this State to count the said ballots af- ter the same have been cast, and to make return thereof in all respects as now provided by law in relation to ballots cast at the said general election, provided, however, that the number of ballots cast for or against the said question shall be kept upon separate sheets to be furnished by the Clerks of the Peace of the several Counties. Section 8. It shall be the duty of the presiding officer of each election district to make out certificates, showing the re- sult of the said vote, in the same manner as now provided by law in relation to certificates of the vote cast at the general elec- tion, which certificates shall be made, certified, returned and de- livered in all respects as now provided by law in relation to the general election. SectioH 9. The said votes shall be canvassed and the re- sult ascertained by the Superior Court in and for each County of this State as provided in Section 6, Article 5 of the Constitu- tion of this State, and the Superior Court in each County shall be clothed with, and shall exercise all of the powers in relation thereto as they now possess and exercise in relation to the can- vassing and ascertaining of the votes cast at such general elec- tion. iExpenses inci- Scctiou 10. Thc cxpeusc of printing ballots, procuring howpaid.'"'°"' the ballot boxes, and all other expenses connected with the tak- ing of the said vote shall be borne as is provided in relation to the other expenses incurred for the general election. Approved, April i8, A. D. 1905. iCertificate of state of vote, how made, returned and idelivered . Vote to be •canvassed by Superior Court. 93 CHAPTER 39- VOLUME 21. AN ACT to enable tho Qualified Voters in the Military or Naval Service of this State or of the United States to exercise the Bights of Suffrage. Be it enacted by the Seyiat^ a?id House of Representatives of the State of Delaware in General Assembly met. Section i. That whenever any of the qualified voters of voters engaged this State shall be ensfasred in the military or naval service of in military or ^ ^ n3.va.l service this State or of the United States, and as such absent from the of u. s. hundred, election district or ward of their residence on the days appointed by law for holding county. State, Congressional or Presidential elections within this State, or on the days ap- pointed in writs of election issued by the presiding officer of either house of the General Assembly or the Governor for hold- ing special elections to fill vacancies, such qualified voters shall be entitled at such time to exercise the right of suffrage as fully as if they were present at their usual places of election, notwith- Right to vote, standing any provisions to the contrary in any act or acts now in force. Section 2. A poll shall be opened in each company at the Pou for receiv- quarters of the captain or other commanding officer thereof, ing votes. and all electors belonging to such company who shall be within two miles of such quarters on the day of the election, shall vote at such poll, and at no other place ; officers other than those of a company, and other voters detached and absent from their companies on duties which will not permit them to return to their companies, may vote at such of the said polls as may be most convenient to him. Section '}^. The polls shall be open at ten o'clock in the Hours of voting, morning: and close at five o'clock in the afternoon. '&> Section 4. At ten o'clock in the morning on the day of Election and election the voters present at each of the polling places afore- efection'^ffice°rL said, shall elect viva voce three persons present at the time, and having the qualifications of electors in this State for the judges of said election ; and the judges so elected shall then appoint • two of the remaining qualified electors present to act as clerks of said election. Section 5. Before any votes shall be received said Judges Oath of officers^ 94 Ballot. Challenge. Poll list. Entries. Duty of election officers. and Clerks shall each make the oath or affirmation required by the election laws of this State to be taken by persons serving in the capacity of election officers, which oath or affirmation any of the Clerks or Judges herein provided for many adminster to each other, and said oath or affirmation shall be in writing signed by said Judges and clerks taking the same and shall be returned to the proper officer of this State with the ballots and other papers of the election returns. Section 6. All elections shall be by ballot and the Judges of election may, and upon challenge of any voter shall examine under oath such voter (which oath any of the Judges may ad- minster) in respect to his right and his qualifications to vote in the particular hundred, election district of this State in which he claims residence. Section 7. At each polling place three poll lists shall be kept, one for each county in this State, and plainly labeled as such at the top of the list. The two Clerks shall keep duplicate lists, when a vote is deposited in the ballot box, the name of the first voter shall be entered on the list of the county in which he claims his residence, and in front of such name shall be placed number one and the second person whose vote is taken as of that county, shall have his name so entered and numbered two ; and so on the poll lists for each county shall be kept. And in addition thereto the name of the hundred or election district in which the voter claims his residence, and the name and number of the company and regiment to which he belongs shall be en- tered opposite his name. As soon as the ballot of the voter has been deposited in the ballot box, the Clerks shall check his name off the list of voters. Section 8. The Judge to whom the voter shall give his bal- lot, shall pronounce the name of the voter in a clear and dis- tinct voice and if the Clerks shall find his name on the author- ized list of Registered Voters, and no objection shall be made to his voting, the Judge shall deposit his ticket in the ballot box. If any objection is raised to the right of the party to vote, the Judge shall determine the matter by the same authority but under the same restrictions as other Judges of election sitting in the State. Counting of votes. Section 9. At the close of the polls, the poll lists of each county shall be counted and the number of names of voters thereon written in words at the foot of the lists, and the lists Signing list, etc. ghall bc sigucd by the Judges and Clerks under oath or affirma- tion declaring them to be true and correct lists of those from 95 whom they have accepted ballots, and any blank spaces on such "lists between the names of the voters and the election officers shall be checked through in ink. Section lo. After the poll lists are signed the ballot boxes Separation of shall be opened, the ballots taken out one at a time, and merely •separated into three lots according to the county into which they are to be counted. A count shall be kept of the number Count. of ballots for each county (without making any count of the •candidates voted for). The ballots when so separated and counted shall be placed in heavy envelopes, specially prepared Envelopes. for the purpose. The Judges shall then certify under oath or Certificate. affirmation as to the number of votes returned by them for the respective counties of the State, this certificate together with the lists of those who voted, as kept by the Clerks, shall be placed in such envelopes. The envelopes shall be marked plain- securing ballots ly in the name of the prothonotary of the proper county ; it shall in envelopes. "be sealed and held by them jointly until collected by the persons assigned by the Governor of this State, as Election Messenger, Collection of. to go upon the field and collect these returns which shall be de- posited by them in a lock pouch, which shall be locked with two Locked Pouch. locks having different keys and one key shall be kept in the pos- session of a representative of one political party and the other key shall be kept in the possession of a representative of another political party. These persons so designated by the Governor to collect these election returns, shall have three pouches, in one shall be placed the returns for each county. As Collection and soon as they have gathered the election returns they shall lock retTrT."" ° the pouches and shall take them jointly with the greatest speed to the Prothonotary of the county to which they belong ; notify- ing the- Prothonotary in advance upon what train to expect the returns if they are to be brought in by train. Section ii. The prothonotary of the county receiving the Delivery to returns shall keep them as other election returns of the State canvass. received by him, and shall deliver them to be counted by the "Board of Canvass which shall open the ballots and count them ns other election returns made from voting precincts within the State. Section 12. The Governor shall at a suitable time in ad- Appointment of vance of the election designate two persons who shall be mem- camp" wuh '*" "bers of different political parties, whose duties it shall be to visit ballots, etc. any encampment contemplated in this Act, (and where there is tnore than one such encampment, the Governor shall designate two such persons for each encampment, whose duty it shall be to take ballots to such encampments to be delivered at each voting place, together with copies of the registration lists of the counties of this State, and other forms, blank forms, papers of c6 information and paraphernalia necessary to be had at a place To collect votes. ^^ election. The parties so appointed shall at the close of the polls collect under seal the votes, certificates and poll lists so- designated above and return them to this State as above desig- nated. Style of ballot used. Section 13. The ballots used at the polls herein provided for shall be the style of ballot used in this State just prior to the adoption of the Australian ballot system. They shall be uni- form as to size and color of paper. Printed lists of all the ofifi- List of nominees, ^ers nominated by the different political parties throughout the State shall be furnished to be posted at each polling place for the convenience of the voters. Registration officers to keep separate list of names returned by Auxiliary Registrar. Clerk of Peace to furnish copies, etc. Election messenger. Oath, etc. Violation of election laws. Penalty. Compensation of messenger. Double ballots. Section 14. The registration officers of this State shall keep during the registration of voters, separate lists of all those whose names that have been registered by them as returned for registering by the Auxiliary Registrar provided under the laws of this State, for the registering of citizens in the military or naval service of this State, or of the United States. Copies of such lists shall be furnished the Clerk of the Peace of the county and he shall have a composite list of all such names made and furnished to the election officers at the polls provided for in this act. He shall also furnish them complete lists of the registra- tions of the county in order that the name of any soldier may be found who enlisted since having registered as a voter. Section 15. The persons to be appointed by the Governor in Section 12 of this act, shall be commissioned by him as Elec- tion Messenger and shall take their commission with them as evidences of authority when their authority is questioned. They shall be sworn and shall qualify as other election officers. Section 16. If any person shall at the elections herein pro- vided for violate the election laws of this State by voting or at- tempting to vote more than once at any election, falsifying the count or returns in any manner, they shall upon conviction be disfranchised for a period of ten years from the date of such con- viction. Section 17. The election messenger herein provided for shall be paid a per diem equivalent to that paid to a judge of election and shall be allowed and paid by the State Treasurer such sum for traveling expenses allowed them and approved by the State Auditor upon vouchers of necessary expenditures sub- mitted by them. Section 18. When two or more ballots are found folded or rolled together they shall be adjudged fraudulent and not re- turned. The election officers shall note, in their returns, the 97 number of rolls or folds of ballots so thrown out as fraudulent^ in order to account for any discrepancy between the number of voters reported by them and the number of ballots returned by them. Section 19. All acts or par of acts inconsistent with this act are hereby repealed. Approved June 25, 1898. CHAPTER 393, VOLUME 20. AN ACT to provide for the Purity of Primary Elections in New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly tnet : Section i. A primary election within the meaning of this pHmaryeiec- act is an assemblage of voters who are members of any political tion defined. party, organization or association duly convened for the pur- pose of nominating a candidate or candidates for public office, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, which at the last general elec- tion before the primary election polled at least ten per centum of the entire vote of the State, or any division or sub-division_ thereof, for which the nominations are made. Section 2. That all primary elections hereafter to be held" -, . , ^.^ by any political party, organization or association, for the pur- ° ^ ^ pose of nominating or selecting candidates to be voted for at any subsequent election, or for the purpose of selecting dele- gates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be by ballot. The primary election for any political party. Through organization or association, for the nomination of the same county class of candidates to be voted for at any subsequent election, or for the selection of delegates or representatives to any polit- ical convention thereafter to be held for the purpose of select- out at same: 98 Notice. No two parties on same day. Not more than two days for each party. To be held by board of election How composed and appointed. Inspector. Appointment of judges. ing candidates as aforesaid, shall be held in the several hundreds at the same time. Notice of the time and places for holding all primary elections shall be given by publishing the same once each day for at least five days before the time of holding the same, in one or more daily newspapers printed in New Castle County. No two political parties, organizations or associations shall hold their primary election on the same day. The number of days that shall be allowed for holding primary elections to nominate persons to be voted for at a general election and to nominate persons to be voted for at municipal elections in the City of Wilmington, shall not exceed two for each political party, organization or association in any one year. Section 3. That every primary election hereafter to be held by any political party, organization or association for the pur- pose of nominating or selecting candidates by ballot to be voted for at any subsequent election, or for the purpose of selecting delegates or representatives to any political convention there- after to be held for the purpose of selecting candidates as afore- said, shall be held by a Board of Election officers consisting of one inspector, who shall be a judge and the presiding offtcer, and two other judges at each voting precinct; and if it should so happen that but one person as presiding officer or judge should have been appointed by such political party, organiza- tion or association to hold such primary election, or having been appointed and being absent, the electors there present at the hour appointed for opening such primary election shall pro- ceed without ballot to choose from among the qualified voters of the election district there present a presiding officer, judge or judges, as the case may require and in choosing such presid- ing officer, judge or judges, two qualified voters of the district to be nominated and appointed by the electors shall be the judge or judges. Section 4. That the inspector of each election district for all primary elections hereafter held in New Castle county, (out- side the City of Wilmington) under the direction of any political party, organization or association shall be the person who was the candidate of the political party, organization or association holding such primary election for the office of inspector at the general election next preceding such primary election ; provided, that in cases where the primary election is held without regard to the division of any hundred into election districts for general election purposes, the person who was the candidate for the office of inspector as aforesaid, for the election district in which the place of voting at such primary election is situated shall be the inspector of such primary election. The two judges, as provided by Section three of this act, shall be appointed by the 99 regularly organized and constituted County Committee or gov- erning authority of the political party, organization or associa- tion holding such primary election. The inspector and judges inspector and of all primary elections hereafter held in the City of Wilmington ^vlfmington shall be appointed by the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election, from the persons designated to conduct the next subsequent general election. The term of office of said inspectors and judges shall Terms of office. be for one year. Said committee or governing authority shall designate which person shall act as inspector, and which per- sons shall act as judges of such primary elections. The persons so appointed shall be residents of the primary election district Qualifications, for which they are appointed. In all cases when primary elec- tion officers are appointed as herein provided, representations* of the interest of each candidate shall be as nearly equally divided as possible as to the board of election officers. If any person designated in this section to be inspector of any primary election shall die, remove from his primary election dis- ^'^^"'^^' trict, or be for any reason physically unable to attend in his pri- mary election district at any primary election held by his politi- cal party, organization or association, then the regularly organ- ized and constituted County Committee or governing authority of the political party, organization or association holding such primary election shall appoint an inspector to fill the vacancy thereby created. If any political party, association or organi- zation desires to hold a primary election for the purpose of ofl^ny not .nominating candidates for public office, and there is no recog- [ifspec^tor" nized member of said political party, association or organization among the persons designated in this act to serve as inspectors and judges of such primary elections, or not a sufficient num- ber of recognized members for said purpose, then the regularly organized and constituted County Committee or governing au- thority of such political party, association or organization shall appoint the inspector and judges to hold such primary election. In case of refusal or neglect on the part of any person desig- „ , , , 9 t^ -^ ^. . , ^ . Refusal of ap- nated by this act or appomted pursuant to the provisions hereof pointee to act. to be an inspector or judge, as the case may be, of any primary election, to qualify according to the requirements of this act, or to serve, or to act, he shall be liable to a penalty of two hundred dollars, recoverable by the County Treasurer of New Castle hTw recovered. County, by civil action in any court of record, in the name of the County Treasurer and for the use and benefit of New Castle county; and the failure on the part of any such person to com- what deemed ply with any of the requirements of this act, preliminary to refusal, opening the polls, or to attend on the day of any primary elec- *So enrolled. lOO tion during his term, unless prevented by sickness or other suffi- cient cause, the burden of proof of which shall be upon the de- linquent, shall be deemed a refusal within the meaning of this When act. The election officers whose appointment is provided for appointed. jp ^j^jg gectiou, shall be appointed at least two weeks before such primary election is to be held. Oathofcfficers. Scction 5. That before opening the election, the presiding^ officer and judges shall each take and subscribe an oath accord- ing to the following form, viz. ; I do solemnly swear (or affirm) that in the primary election to be held on the day of A. D , I will not knowingly or wil- fully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote^ unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the said primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the bal- lots that shall be taken at said primary election to be fully read and ascertained,and a true statement thereof to be made, accord- ing to the best of my knowledge and ability ; that I have not received, nor will not receive directly or indirectly from or through any candidate to be voted for at said primary election, or any representative of any such candidate or other person, any money, pay, or other valuable thing or reward ; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay, or other valuable thing or reward from such candidate or repre- sentative of such candidate or other person other than that pro- vided by this act, and if I shall discover any partiality, unfairness- or corruption in the conducting of the said primary election, 1 shall disclose the same to the executive authority that shall have directed the holding of the said primary election, and to the At- torney General, to the end that the subject may be investigated,, so help me God (or so I solemnly affirm.) Clerks. vSection 6. That each oi the said judges, after being duly qualified, shall choose one clerk of the primary election to be held, to whom the presiding officer or one of the judges who is hereby authorized to adminster the same, shall on the day of such primary election administer the oath or affirmation, which Oaths ^^^^^ ^^ subscribed as follows, viz. : I do solemnly swear (or affirm) that as clerk of this primary election to be this day held, I will not use or assent to any falsehood, fraud or deceit, and lOI that I will keep the polls and perform my duties truly, faithfully and impartially, so help me God (or so I solemnly affirm). Section 7. That the regularly organized and constituted q^^jj^^^^j County Committee or governing authority of any political par- primary election ty, organization or association holding such primary election ° shall, at any time within ten days of the day that the first pri- mary election is held in each year of a general election, appoint one person for each Levy Court district in New Castle County as a Qualifier of Primary Election Officers, whose duty Appointment. dr shall be to administer to the inspectors and judges of the pri- mary elections held in their respective districts the oath or affir- mation prescribed in Section five of this act, and shall deliver to the chairman of the committee or governing authority ap- pointing him the oaths or affirmations subscribed by the inspec- tors and judges as aforesaid, on or before twelve o'clock noon ■on the day previous to such primary election. Each person so appointed shall, upon the certification by the chairman of the committee or governing authority appointing him, that such person has performed the duties required of him by this act, be paid by the Levy Court of the county in which he shall reside Compensation. the sum of ten dollars. In case any inspector or judge is chosen by the electors oath of officer present at the time of opening the primary election, pursuant da^°ofeie(.°ion •to Section three of this act, the oath or affirmation prescribed in Section five of this act shall be administered to the inspector How ad- or judge so chosen by any officer of primary elections there ■"'"'stered. •present who has been qualified by the Qualifier of Primary Election Officers, the said officer being hereby empowered to adminster said oath or affirmation ; and in case there is no such qualified officer there present the said oath or affirmation shall be adminstered to the judges by the presiding officer, and by ■one of them to him, each of whom are hereby empowered and directed to adminster such oaths or affirmation. Section 8. The person appointed Qualifier of Primarv Election Officers, pursuant to the provisions of Section seven °*'^ of qualifier •of this act, shall within two days after the appointment and be- fore entering upon his duties, take and subscribe an oath (or affirmation) according to the following form, viz : I do solemnly swear (or affirm) that, as Qualifier of Pri- mary Election Officers, I will not use or assent to any false- hood, fraud or deceit, and that I will perform my duties truly, iaithfully and impartially, so help me God, (or so I solemnly :affirm). I02 How ad- ministered. Chairman of County Com- mittee may ad- minister certain oaths. Failure of qualifier to take oath. Misdemeanor. Punishment. Time for regis- tration in N. C. Co. by registrars By board of registration. Judges of election in N. C Co. to be ap- pointed in July. Other acts to be performed in July. Time for regis- tration in Wil- mington. The oath or affirmation prescribed in this section shall be ad- ministered by the chairman of the regularly organized and con- stituted County Committee or governing authority of the politi- cal party, organization or association for which said Qualifier of Primary Election Officers was appointed. The said chair- man is hereby empowered and directed to administer oaths and affirmation pursuant to the provisions of this act. Any person appointed Qualifier of Primary Election Officers who shall fail to qualify as aforesaid, shall upon conviction therefor, be ad- judged guilty of a misdemanor, and shall be punished for each such offence by a fine not exceeding one hundred dollars. Section 9. That the time for the registrars to sit alone in New Castle county (outside of the City of Wilmington) for as- certaining and registering, under the provisions of Chapter thirty-eight, Volume nineteen, Laws of Delaware, the persons who are or may become qualified to enjoy the right of an elec- tor at the general election shall be on three successive Satur- days, beginning with the first Saturday in August next preced- ing the general election. That the time for the board of regis- tration, provided for by Chapter thirty-eight, Volume nineteen. Laws of Delaware, to sit for the performance of the duties re- quired by said board of registration under existing law, shall be on the last Friday and Saturday of the month of August next preceding the general election, and on the third Saturday of the month of October next preceding the general election. In or- der to fix and ascertain the persons who are to be the associate officers of registration in and for New Castle County, pursuant lo Chapter thirty-eight, Volume nineteen, Laws of Delaware, the two judges of the general election directed to be chosen by Section eleven of Chapter eighteen of the Revised Code, shall continue in the manner directed by Section fourteen, of Chapter thirty-eight. Volume nineteen, Laws of Delaware, except that in and for New Castle county the said judges shall be chosen in the month of July -instead of the month of September as hereto- fore, and all the duties directed to be performed by Section fourteen of Chapter thirty-eight of Volume nineteen. Laws of Delaware, in the month of September, shall be performed in the month of July so far as the performance of said duties apply to New Castle county. Section 10. That the time for the ascertainment and regis- tration, pursuant to the provisions of Chapter thirty-nine. Vol- ume nineteen. Laws of Delaware, of the persons residing in the City of Wilmington who are or may become qualified to enjoy the right of an elector at the general election, shall hereafter be on three successive Saturdays, beginning with the second Sat- urday in the August next preceding the general election, and I03 en the third Saturday in the October next preceding the general inspectors for election. That the inspectors of election for the City of Wilming- Wilmington ton shall hereafter be appointed by the Department of Elections '^ °'" for said city in the month of June in each year in which a general election is held. Section ii. That the Sheriff of New Castle county shall, in addition to the registers and things he is now required by voting books of law to furnish to the registrar of each hundred or election dis- foTpnmary'*" trict of his county (outside of the City of Wilmington), hereaf- of wnmin°gwu^^ ter, before the first day of any registration of voters of said county (outside of the City of Wilmington) made under the pro- visions of Chapter thirty-eight, Volume nineteen, Laws of Del- aware, as amended by this act, prepare and furnish two books for each of said registrars in New Castle county (outside of the City of Wilmington) to be known by the name of "Voting Books of Qualified Voters for Primary Elections," for alpha- betical lists of all persons whose names may be entered on the registers pursuant to Chapter thirty-eight, Volume nineteen, Laws of Delaware. Said books shall be ruled in parallel col- umns and so arranged as to admit of the convenient entry in al- Entries, phabetical order of the name of every person who may be en- tered on the register aforesaid as a "qualified voter" or "may become qualified voter," and in the parallel column opposite the name of such person the following particulars, to wit : First, his residence ; second, his color* ; third, the day of his registration. Said books shall contain six paral- lel columns for the entry of the word "voted," together with the date of voting. When any registrar or board of registration, at any of the sittings hereinbefore provided, shall enter in his register the name of any applicant for registration as a "quali- fied voter" or "may become qualified voter," he shall immedi- ately thereafter enter, in the presence of such applicant, if he remains in attendance, in its proper alphabetical place in the "Voting Book of Qualified \'oters for Primary Elections" here- inbefore provided for, the name of such applicant and also his residence,'^ * * and date of registration. The. said two "Voting Books of Qualified Voters for Primarv Elections" shall be com- „, , . 1 i~ -^1 11 r' • • -1 J.1 ^o*^*^ compared pared and certified on the last day of registration in the month and certified of August, in the same manner and by the same persons as now °^' required by Section fifteen of Chapter thirty-eight. Volume nine- teen. Laws of Delaware. It shall be the duty of the registrar, within one secular day after the certification by the board of registration as herein required, to deliver to the Sherifif of New Castle county, who shall safely keep the same, the two "Vot- To be delivered ing Books of Qualified Voters for Primary Elections" required by this act. ♦Amended. See Chapter 64, Volume XXII. I04 Department of Elections to furnish Voting Books of Qualified Voters for Primary Elections in Wilmington. Form. To be compared. •Corrections. •Certificate. Verified by oath. Books to be oi defeat of any candidate or person voted for at such election, ■every person so offending shall, for every such offence, forfeit penalty, and pay to any person who will sue for the same, double the amount of such wager or bet, or double the value of the thing betted. The stakeholder shall, in all cases, be a competent wit- '^^""^*^- ness to prove such illegal wager. Section 14. If any stakeholder, or person with whom any money or thing, so illegally betted, shall be deposited, shall at On stakeholder, any time, either before or after such bet shall have been decided, pay over or deliver, to either or both the persons betting the same, or to any other person by the order or for the use of them, or either of them, the money or thing so illegally betted, every such stakeholder or depositary, shall be liable to the same forfeiture to which the person betting may be liable under the next foregoing section ; either of the persons betting shall be competent witnesses against such stakeholder. witness. Section 15. If any person shall, on the day of an election, Breaches of the •or during the reading and tallying of the votes, at any place vc^^e. where such election is held, or within one mile thereof, commit an assault and battery ; or if any person shall interrupt or dis- turb the election, or the officers thereof, or any of them, in the performance of any of their duties, either in receiving, reading or tallying the votes, or shall interrupt or disturb the Inspec- tors and Sheriff, or other presiding officer, when assembled as a board of canvass, in performing any of the duties of such T^oard, every such person shall, for every such offence, be liable to be held to surety of the peace, and on failure to give such surety forthwith, to be committed to prison, and shall further Penalty, gio to forfeit and pay to the State a fine of not less than ten dollars nor ' more than one hundred dollars. Section 16. If any person shall, on the day of an election, staiufor sale of or on the day next before or after such day, make, set up, or ^''i"°'' ""'^wfui. have, any booth, stall, or other temporary convenience, for the purpose of selling anv spirituous, vinous, malt, or other intoxi- Selling liquor .•I- 1 '11 11 , , • •, prohibited. catmg liquors, or shall sell, or expose to sale, any spintous, vinous, malt or other intoxicating liquors, at any place where such election shall be held, or within two miles thereof, or upon any highway, or road leading thereto ; every such person shall, for every such offence, forfeit and pay to the State a fine of p«"^''>' ^^° fi"^- twenty dollars ; and it shall be the duty of every justice of the peace or constable, residing in any hundred, to abate or remove ^uty of officers. any such booth, stall, or other temporary convenience, so set up or used in such hundred in the manner and for the purpose aforesaid, and to hold the person so having or using such booth. 128 Volume 14, Chapter 418, Section 14. Un- lawful to sell in- toxicating liq- uors on the day of election. Misdemeanor. Fine. Forfeiture of license. stall, or Other temporary convenience, to surety of the peace^. and in default of such surety being immediately given, to com- mit such person to prison ; and every justice of the peace, or constable, shall have authority to command the assistance of any citizen or citizens, in the premises. No record need be made of the abating or removing of any booth, stall, or tempo- rary convenience as aforesaid ; but this section and the truth of the case may in any suit be given in evidence under the gen- eral issue. * * * * And no person licensed to sell liquor shall, sell, give away, or dispense any intoxicating liquors on the day of any general, special, or municipal election within one mile of the place where the same is held, and such day shall be reck- oned from the midnight before till the midnight after such elec- tion ; and any person violating this provision, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not less than fifty nor more than one hundred dol- lars, and, if holding a license under this act, shall forfeit the same in addition to such fine, and be incapable of receiving a li- cense for the space of two years thereafter. Militia not to be called out. Penalty, §1,000. Special bail in suits for penal- lies. Section 22. If any officer or other person, shall call out or order any of the militia of this State to appear, exercise, or muster on the day of any election, or within ten days before any general election, or three days before any special election or election for assessor and inspector, or within three days after either of such elections, except in case of invasion or insurrec- tion, every such officer or other person shall for every such (page 142) ofifence, forfeit and pay to the State a fine of one thousand dollars. Section 23. In every suit, or action for a forfeiture, or penalty, under the foregoing provisions (except in cases cog- nizable before a justice of the peace) special bail may be re- quired of the defendant in double the sum of such forfeiture, or penalty, upon affidavit of the person suing, or of any credible person for him, setting forth the facts on the ground whereof such forfeiture or penalty shall have been incurred. 129 CHAPTER 487, VOLUME 12. AN ACT further to Protect the Free Exercise of the Elective Franchise. Section i. That if any person who is a duly quahfied elec- obstructions tor of this State, according to the constitution and laws thereof, and interference. shall hereafter be prevented from voting or obstructed in his ef- fort to vote at any election, by reason of any interference by any person or persons, or military power, or other power, ex- ercising or attempting to exercise force, intimidation or threats, or requiring any qualifications or conditions unknown to such constitution and laws, he shall be deemed and taken to have suf- fered private damage and injury, and shall have civil remedy therefor in the courts of this State, by action of trespass, or on the case, according to the nature of the interference, against all and every person or persons who promoted such interference, civii action for whether by active participation or by advising, counselling or in '■a^^ge. any wise encouraging the same, and in any trial under this act the jury, if in their opinion the circumstances will warrant it, may give exemplary damages. Section 2. That it shall be the duty of every citizen of this (^iti2Giis to ni^iC^' State who has knowledge of any design on the part of any other disclosures. citizen or citizens of this State to promote interference with elections, either by soliciting or advising the presence of a mili- tary force at or near the place or places of holding such elec- tions, or by the employment of any other organized or unorgan- ized body of men, or by intimidation or threats forthwith to make public disclosure of such knowledge, stating names, by an affidavit to be made before any one of the Judges of this State, and file the same in the office of the Clerk of the Peace in the county where the Judge resides, and if any such citizen having such knowledge shall fail to make such affidavit and cause the same to be filed as aforesaid he shall be treated as a promoter of the interference mentioned in the first section of this act, and be liable as therein provided. Section 3. That the limitation of actions commenced un- . ^.^^ der this act shall be ten years from the time of the accruing of the cause of action. 130 Military interference. Electors shall have right to vote. How and where. Oath. CHAPTER 491, VOLUME 12. AK" ACT further to secure the Free Exercise of the Eight to Vote at Elections. Section i. That if it shall so happen hereafter that by rea- son of the presence of any military force at or near the place of holding an election in this State, under the provisions of Chap- ter 18 of the Revised Code, electors duly qualified by the con- stitution and laws of this State to vote at said place at said elec- tion shall be prevented from, or interfered with, in casting their votes, by military force, or the requirement of oaths unknown to said constitution and laws, any number of electors, not less than five, shall have the right to withdraw from said place to any other place within the voting district where such prevention or interference shall take place, and having there, by a majority of the electors present, selected a duly qualified elector of said district, who shall be a freeholder, to act as inspector, to deliver to him there their respective ballots ; which said inspector shall receive the said ballots and record the name of the voter upon a list to 1)e kept by him for that purpose, and immediately write upon each ballot the name of the person who delivered the same to him — the said inspector having first administered to each person offered to vote on the ground of his being between the age of twenty-one and twenty-two years, an oath or affirmation in the following words, that is to say : "You do solemnly swear (or affirm) that you are "of the age of twenty-one years, and not "arrived at the age of twentytwo years, and that you at this time "reside in this hundred, and that you have not voted, and will "not vote on this day at any other place in this or any other "hundred, and that you have resided in this county one month, "and in this State one year next before this election ;" and to every person offering to vote on the ground of having paid a tax and being otherwise qualified according to the constitution, the following: "You do solemnly swear (or alifirm) that you "are of the age of twenty-two years, and that you at this time "reside in this hundred, and that you have not voted, and will "not vote on this day at any other place in this or any other "hundred, and that you have resided in this county one "month and in this State one year next before this election, "and that you have within two years paid a county tax which "which was assessed at least six months before this election ;" and also the further oath that he has been hindred or prevented from casting his vote at the regular place of holding the elec- 131 tion, by military interference, or by the requirement of oaths unauthorized by the constitution and laws of this State. Section 2. That the polls authorized to be held by the pre- poUs, where ceding section shall be held at the place where they are opened, ''^''^• unless it be impracticable to hold them there, in which event they shall be adjourned to some other place, or places (if nec- essary), in the election district where they are opened, and there held, and shall be kept opened until five o'clock in the afternoon, when the Inspector shall close them. As soon as such polls are closed the Inspector holding them, having first ascertained the number of ballots cast, and for whom and for what office the votes were given, and made a certificate thereof, shall seal up the ballots received by him in a box or envelope, and keep them ■safely, together with the list of the names of the electors who have deposited their ballots with him, until the time of the meet- ing of the Board of Canvass provided for by the chapter afore- said, when he shall appear before the said Board with the said of CaTvass. ballots and list of voters and his certificate aforesaid, and deliver his said certificate to the said board, with an affidavit made by him upon the same that it contains a true and faithful statement of the number of ballots received by him as aforesaid, the names of the electors who cast them, the number of votes for the dififerent persons voted for, and that at the said poll held by him he did not, knowingly, receive the ballot of any per- son not a duly qualified voter within his election district, ac- cording to the constitution and laws of the State of Delaware, nor did he refuse to receive the ballot of any person so qualified, and who had been prevented from voting at the regular place of voting by military force or the requirement of an oath unauthor- ized by the constitution and laws of the State of Delaware ; and that he determined every matter that came before him and performed every act and duty required of him by law touching the election held by him, truly, faithfully and impartially, accord- ing to the best of his skill and judgment. Section 3. That it shall be the duty of the Board of Can- D^ty of Board vass to receive the said certificate, and in ascertaining and certi- of Canvass, fying the state of the election under the provisions of the chap- ter aforesaid, to take into consideration the number of ballots certified by said Inspector to have been received by him and for whom and for what office the votes were given, and give said certificate the same force and efifect, and it shall have the same force efifect as a certificate of the election officers at any of the regular places of holding the election ; and the votes given ■shall be reckoned among the number of votes given in the elec- tion district where they were received by the said Inspector in the same manner as if they had been given at the regular place of voting in said district; Provided always, however. That the 132 Proviso. said Board shall be, and they are hereby required to hear and determine challenges of the right of any person who delivered his ballot to the said Inspector, and reject any ballot if the per- son who cast the same had not a right to vote under the con- stitution and laws of this State, either from want of qualification^ or by reason of his having voted at any other place in the State where he was entitled to vote on the same day. Such of the said ballots, so received by the said Inspector, as are not re- jected by the Board of Canvass, and also the hst of voters, and the certificate aforesaid, shall be deposited by the said Board in the regular ballot box of the election district where they were cast, and the said box shall then be immediately resealed by the presiding ofificer of the Board of Canvass. The said board shall also have power to examine, on oath, the said Inspector, touch- ing any matter connected with the holding of the election by him, and shall have power, if it appear to them that the said election was not fairly held by any Inspector, to reject his said certificate, and throw out the vote returned by him as aforesaid. Board of Can- Scction 4. That if it shall be apparent to a Board of Can- pface'of^m'eeti'ng "^'^ss that any intercfencc with the performance of their duties in case of mill- Under cliaptcr 18 aforesaid and this act will be attempted by mil- tary inter erence j^^j.y jq^^qq Qr, if after they liavc met, any such interference shall be attempted, they shall have power to meet at any other place within their county to perform their said duties. And further, if any member of a Board of Canvass or any Inspector created by virtue of this act shall be prevented by reason of such inter- ference from attending the meeting of the Board, or if the Board, being met, shall be prevented by such interference from performing the duties incumbent on them, it shall be the duty of the said Board to adjourn to meet at some other time and other place (if necessary) to perform their duties under the laws of this State, and so to adjourn from time to time until such duties can be performed. The duty of attendance upon said Board on the part of an Inspector created by authority of this act and the penalties upon him for not appearing shall be the same as in the case of the Inspectors regularly elected ac- cording to law, but no such Inspector shall be a member of the Board of Canvass. Number of polls Scction 5. That nothing herein contained shall limit the "wo^'^eacV" voting placcs to two in an election district, but the emergency district. contemplated above arising, as many different polls may be held as there are number of voters of five or more, who under the circumstances aforesaid withdraw from the regular place of holding the election for the purpose of casting their ballots without intimidation or interference. Clerk. Section 6. That each Inspector created by authority of this act shall have power to appoint a Clerk to aid him in the 133 discharge of such duties as are clerical, and shall administer to him before he enters upon the discharge of the duties to be as- signed to him an oath or affirmation in these words: "You do Oath. solemnly swear (or affirm) that as Clerk of this election you will not use nor assent to any falsehood, fraud or deceit, and that you will keep the polls and perform all your duties truly, faith- fully and impartially, so help you God (or so you solemnly affirm)." The Inspectors and Clerks shall receive the same compensation as Inspectors and Clerks elected and appointed under the present election law. ^ :<< H; ^ >|; :ic >;; ^ ^: :ic :{; jj; ;|< ^ ^ CHAPTER 575, VOLUME 19. AN ACT Concerning Bribery. Section i. That if any person shall bribe or attempt to bribe any one holding or expecting to hold any official position f^'^^"^^ bribe. under the election or registration laws of this State, either as any election Registrar, Judge, Inspector, Voter's Assistant or otherwise, by pectant election giving money or the promise of money, office or the promise of afmeanol^'^" office or position, either under the State or Federal govern- ment, to perform any service for any political party in this State or to favor any candidate for political office (he)shall be deemed ■guilty of a misdemeanor, and upon conviction thereof by indict- ment shall be fined not exceeding one thousand dollars, and may also, in the discretion of the Court, be imprisoned for a P^"a"y- term not exceeding six months. Passed at Dover, May 4, 1893. 134 CHAPTER 29, VOLUME 17. AN ACT in Kelation to the Election of Assessors and Inspectors. Amended, Vol- Sectioii I. That hereafter the election of assessors for the *^™\,'9' Chapter several hundreds in the respective counties of this State, and 40, Election 01 '^ .. . .-.,.,. 111 Assessors. asscssors lor the assessment districts m Wilmington hundred. Time and place of holding election. Ballots. shall be held by ballot biennially in the hundreds aforesaid, (ex- cepting Wilmington hundred, which election for assessor shall be held quadrennially) on the Tuesday next after the first Mon- day in November, at the same time and in the same places as are now appointed by law for holding the general election, and the said assessors shall be voted for upon the same ballots voted for other oiBcers elected at the general election aforesaid. * Counting of votes. Tie. Section 2. * * * * The person having the highest number of votes for said offices, respectively, shall be chosen ; but if two or more persons shall have an equal and at the same time the highest number of votes for either of said offices the Inspector shall give an addi- tional casting vote. Section 3. Section 4. * Section 5. Section 6. *■ Section 7. * Section 8. * *■ * * Section 9. Passed at Dover, April 13, 1883. 135 CHAPTER 43, VOLUiAlE 21. AN ACT providing for the Election of Assessors in Kent County. Be it enacted by the Senate and House of Represeyitatives of the State of Delaware in General Assembly met : Section i. That at the general election to be held in the Election of year A. D. i8q8, and every second year thereafter there shall be Assessors for 1 ir ifi • !•• • ^ • 1 T7- Kent county elected from each of the representative districts into which Kent County is divided by the constitution of this State, by the quali- fied voters thereof, one person to be assessor in and for such representative district. Section 2. That the person so elected assessor shall be a Qualifications oi resident of the district for which he shall be elected ; and shall at Assessors. the time of his election have been a citizen and inhabitant of the State three years next preceding the day of his election. And the last year of that term a resident of the district for which he shall be elected. Section 3, * =1= >i= * * * * Approved June ist, A. D. 1898. > 136 CHAPTER 394, VOLUME 20. AN ACT in relation to the Appointment and Election of the Inspectors of Election in and for the State of Delaware, exclusive of the City of ■Wilmington. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : inspectors for Scction I. That the Governor of this State be and he is fn^lg's {wn-°" hereby authorized to appoint an Inspector for each and every S')"appoint'e'd by el^ction district in the State of Delaware, (exclusive of the City Governor. of Wilmington) to hold the general election for the year A. D. 1898. Hiect^d^'""'^^ Section 2. That at the general election to be held in the year A. D. 1898, and at each and every general election there- after, the election of Inspectors for the several election districts in the respective counties in this State (exclusive of the City of Wilmington) shall be held by ballot in the districts aforesaid on the Tuesday next after the first Monday in November at the same time and in the same place as are now appointed by law for holding the general election and the said Inspectors shall be voted for upon the same ballots voted for other officers elected at the election aforesaid. Section 3. That this act shall be deemed and taken to be a public act. Passed at Dover, April 8, A. D. 1897. 137 CHAPTER 21, VOLUME 15. Preceding Sections of this Chapter suppHed. * * SPECIAL ELECTION FOR GENERAL ASSEMBLY. Section 37. Whenever a vacancy shall happen in either branch of the General Assembly, whether by death, resignation vacancies, or removal of a member, by a tie vote at the general election, or otherwise, the speaker of the house in which the vacancy hap- pens (if the General Assembly be then sitting), or (if it be not sitting at the happening of such vacancy), the Governor shall immediately issue writs of election for filling such vacancy, di- rected to the Sheriff of the county in which such vacancy hap- tion." pens. Section 38. If a writ of election to fill a vacancy in the when executed. Senate be issued after an adjournment, without day, of the Gen- eral Assembly, and not less than ten days before the holding of the general election, the said writ shall be executed at the time of holding the next general election ; the election to fill the vacancy pursuant to said writ being held by the same persons and in all respects as the general election, unless a session of the General Assembly shall, in the meantime, be convened bv the Governor. ot to issue: Notice by Section 39. If a vacancy shall happen in the House of Rep- j^,^ resentatives after an adjournment without day, of the General when. Assembly, no writ of election shall be issued under Section 37, unless the Governor shall also issue a writ for convening the General Assembly. Section 40. The Sheriff shall, on the next day after receiv- ing a writ of election, unless the same shall be Sunday, and sheriff, then on the Monday next following, put up on the outside of the Court House door of his county, and also in one of the most public places of each hundred of his county, a proclamation re- citing the said writ and appointing a day for holding a special election pursuant thereto— such day not to be more than five nor less than four days next after the day of receiving the writ exclusive of that day; subject, however, to the provisions of the thirty-eighth section in cases falling within that section. Section 41. The Sheriff shall also, upon receiving a writ Notice to in- of election, deliver a written notice thereof, and of the day ap- ^p^"""^ Proclamation. 138 Notice by Inspector. Presiding Officer, who. Judges of Elec- tion. Place. Manner. pointed for holding an election pursuant thereto, to the Inspec- tor of each hundred of his county who served at the preceding general election ; or if such Inspector of any hundred be dead^ removed or unable to serve, then to the Assessor of such hun- dred ; and the said Sheriff shall, in such written notice require the Inspector or Assessor to produce the certificate of the elec- tion, to be held in his hundred, at the Court House of his coun- ty, on the day next after the day of holding the election by twelve o'clock noon. Section 42. Every Inspector or Assessor receiving such notice as aforesaid, shall forthwith give public notice thereof by advertisements posted in at least five of the most public places of his hundred, stating the day and place of election and the offi- cer or officers to be chosen. Section 43. The Inspector of the hundred who shall have served at the next preceding general election, or in case of his death, removal, or inability, the Assessor of the hundred, shall be the presiding officer for such special election ; and if both In- spector and Assessor shall be absent from the place of election at the time for opening the same, the Electors present shall choose a presiding officer, as above prescribed in the tenth sec- tion of this chapter for choosing a presiding officer at the gen- era! election. Section 44. The presiding officer of such special election shall, before opening the same, take to his assistance, from among the qualified electors of the hundred, two persons to be judges of the election; who shall be subject to the same penalty for a refusal to serve, and shall, with the presiding officer, be qualified in like manner as is provided in case of the general election. Section 45. Every special election shall be held in each hundred at the place appointed by law for holding the general election, and shall be opened, conducted and closed at the same time, and in the same manner, and under the same regulations as the general election. Board of Can- vass Amended Chapter 432, Volume 17. Section 46. The Inspectors of the several hundreds shall, on the day next after the day of holding a special election, at tvv^elve of the clock, noon, meet at the court house of the county as a board of canvass. The sheriff of the county shall then and Sheriff presides, thcrc attend as the presiding officer of the said board ; and in case of his absence, the coroner shall act ; and in case of his ab- sence, the prothonotary of the county shall act and in case of his absence a presiding officer shall be chosen by the inspectors present. The certificates of the election in the several hun- dreds, shall be produced and the State of the election through- Substitutes. 139 out the county shall be ascertained, and certificates thereof shall be made and returned, in the same manner and under the Result, sanie regulations as provided for the general election ; and the sherif!', or other presiding officer of the board of canvass, shall have the same power for compelling the attendance of inspec- tors and obtaining the certificates of election as in case of the general election. CHAPTER 20, REVISED CODE. Election of Electors of President and Vice President. Section i. The electors to be appointed in this State for How chosen, the election of a President and Vice President of the United States, shall be chosen by ballot by the citizens of the State hav- ing right to vote for representatives in the General Assembly. Section 2. For this purpose an election shall be held on Election: when the Tuesday next after the first Monday (in the month of No- held, vember) of the year in which such electors are to be chosen, in Amendment, the several counties of this State at the place in the hundreds vohTm" A, respectively at which the general election in the same year is where, held ; but if it be impracticable to hold the election at any such place, the Inspector shall appoint some other place and give notice thereof as prescribed in relation to the general election. Section 3. The Governor, in October next preceding ev- proclamation, ery election to be held pursuant to this act, shall by proclama- tion make known the number of the electors to be chosen, and the day of said election. Section 4. The election shall be conducted in the same Election, how manner and form and by the same persons and officers, and un- der the same regulations in all respects, as the general election for the same year. Section 5. See Section 6, Article V of Constitution and How delivered. Chapter 38, Volume 21. * * * The lists of the polls, the Papers, lists of voters, and alphabetical lists shall be delivered by the several Inspectors to the Clerk of the Peace of the county, agreeably to Section 33 of Chapter 18. 140 Proclamation of Sectioti 6. The Govcrnor shall without delay examine the result. certificates and ascertain the electors chosen, and make known the same by proclamation, and cause notice of his election to be transmitted to each elector. He shall also cause three lists of the names of the electors, duly made and certified, to be de- livered to the electors, according to the act of Congress in that behalf on or before the day appointed for their meeting. Lists. Ko election. ^Legislature -convened. To appoint. Section 7. If upon examining the aforesaid certificates it shall appear to the Governor that there has been a failure to choose one or more of the electors to be appointed in this State as aforesaid, or if from any cause electors shall fail to be chosen as hereinbefore prescribed, he shall immediately issue writs for convening the General Assembly, at Dover on the fourth Mon- day of the same November ; and the elector or electors to be appointed in this State for the election of a President and Vice President of the United States and not chosen at the election held pursuant to the provisions of this chapter, shall be ap- pointed by ballot by the General Assembly so convened in joint meeting of the Senate and House of Representatives. Mode of choos- ing. Tie. •Casting vote. Controlling vote. Section 8. In such joint meeting there shall be a distinct balloting for each elector, and a majority of all the votes given shall be necessary to an appointment ; but if upon any ballot- ings two persons only shall be voted for, and each shall receive an equal number of votes, the Speaker of the Senate shall give an additional casting vote ; if upon twice balloting in succes- sion more than two persons be voted for, and one of said per- sons on each balloting receive one-half the number of all the votes given, the Speaker of the Senate may, on the second bal- loting, give an additional casting vote to the person having one- half of the number of all the votes given, or if he decline, the Speaker of the House of Representatives may, if he think prop- er, give an additional casting vote to the person having one- half of said vote. Disqualification. Scctiou 9. No member of the General Assembly for the time being shall be appointed an elector of President and Vice President under the foregoing section. Certificates, Scctiou lo. Certificates of such appointment by the Gen- how made. ^j.^j Asscmbly shall be duly made and signed by the Speaker of the Senate and the Speaker of the House of Representatives, and attested by the clerks of said houses respectively, and shall be transmitted by the Speaker of the Senate as follows, to-wit: How delivered. Quc to the Govcmor, in order that lists may be made, certified and delivered, according to the act of Congress in that behalf, and one to each of the electors appointed. 141 Section ii. The electors chosen or appointed in this State Electors- for the election of a President and Vice President of the United """''"s- States shall meet and give their votes at Dover on the day de- ^^^-^ termined by Congress for that purpose. ° '°^' Section 12. In case of the death or inability to attend of Substitutes, either of the electors, or if either of the electors be not present at the said time and place of meeting by twelve of the clock, noon, of the said day, the electors present shall appoint an elec- tor in the place of him so not present. Section 13. The electors may employ a clerk, who shall cierk. receive for his services the sum of ten dollars. Section 14. The electors respectively shall receive for at- Pay. tendance and travel the same compensation as members of the General Assembly, to be paid, as also the compensation of the clerk, by the State Treasurer, on a warrant signed by the elec- tors, out of any money in the treasury not otherwise appropri- orders ated. 142 Time of elec- tion. Amend- ment Chapter 262, Section 2, Volume II. Places. How conducted. CHAPTER 21, REVISED CODE. Election of Representatives in Congress. Section i. An election for choosing a representative or rep- resentatives, as the case may be, for the people of this State in the Congress of the United States, shall be held on the (Tues- day next after the first Monday) of November, in the year in which the general election is held, in the several counties of this State, at the same places at which the election for members of the General Assembly of this State shall, for the time then being be held, in said counties respectively. Section 2. Such election for representative or representa- tives in Congress, shall be conducted in the same manner and form, by the same persons and officers, and under the same reg- ulations in all respects, as the election for members of the Gen- eral Assembly ; and the votes given in each county for repre- sentative or representatives in Congress, shall be calculated and ascertained at the same time and place, in the same manner and by and under the same means and regulations as those for members of the General Assembly. Section 3. Returns shall be made to the Governor as the law directs ; and the Governor shall, without delay, examine the returns, and declare the person or persons elected, and shall is- sue certificates of such election under his hand and the great seal of the State ; one of which he shall transmit to the Secretary of State of the United States, and one to the person elected, or if more than one, to each of them ; the returns shall l5e filed in the office of the Secretary of State ; and the Governor shall, by proclamation, make public the state of the vote by causing the same to be published in one or more of the public newspapers of this State. SPECIAL ELECTION. Section 4. Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States an election shall be held to fill such a vacancy on such day as the Gover- nor shall appoint in the several counties of this State at the same places which at, the time shall be prescribed by law for holding the general election. Writs of election Scction 5. The Govcmor shall issue writs of election to the Sheriffs of the several counties, reciting the vacancy, and Returns. Certificates. How sent. Filed. Proclamation. Vacancies; how filled. Where 143 commanding each Sheriff to cause an election to be held in his county on the day in the said writ mentioned, at the places by law prescribed for holding the general election in said county, for choosing a representative in place of him whose seat shall have so become vacant, which writ shall be delivered to each Sheriff at least seven days before the day therein appointed for holding the election. Section 6. Each Sheriff shall, within ten days after receiv- Notice by ing such writ, put upon the outside of the court house door of ^***^"^^- his county, and also at one of the most public places in everv hundred of his county, a. proclamation reciting the said writ and requiring an election to be held pursuant thereto, and shall also deliver such a proclamation to the Inspector of each hundred in his county, who shall have served at the general election then next preceding, or in case of his death, removal or inabilit}- to serve to the Assessor of such hundred. Section 7. Such Inspector or Assessor shall forthwith, af- Notice by in- ter receiving such proclamation, give notice of the election by ^p^*^'""' *•=• advertisement vmder his hand, posted in at least five of the most public places of his hundred. Section 8. A special election for Representative or Repre- special eiec- sentatives in Congress shall be conducted in the same manner tions, how held and form by the same persons and officers, and under the same regulations in all respects as a special election to supply a va- cancy in either house of the General Assembl}^ and the votes given in each county shall be calculated and ascertained at the same time and place and in like manner, and by the same meth- od and regulations as in case of such special election. Section 9. Returns shall be made to the Governor, who Returns. shall declare the person elected, and grant certificates and issue proclamation as prescribed in the third section of this chapter. Section 10. It shall be in the discretion of the Governor v.hether to appoint a dav for holding such elections before the Governor's , ^,,,.^'^, -,, . ° , ,, . f selection as to day of holding the general election next after the happening of time, such vacancy, and if the day of holding the general election shall be appointed then the election shall be held and cpnducted and all the proceedings touching the same had, according to the provisions of the first three sections of this chapter. 144 ture Notice of. CHAPTER 23, REVISED CODE. Of Contested Elections. Contesting seats Scction I. Any persoii intending to contest the election or jj^^']>e Legisia- t^g eligibility of any one returned by the Board of Canvass as- a member of either branch of the General Assembly from either of the counties of this State shall, at least twenty days before the meeting of the General Assembly, give written notice of such intention to the person whose seat he intends to contest, and within ten days after said notice shall dehver to him a writ- Specifications. ten Specification of the several grounds upon which it is in- tended to contest the said election. or the ehgibility of the per- son so returned as aforesaid, and if one of said grounds shall Illegal votes, bc that illegal votes were given at such election for "the person so returned, then such specification shall particularly set forth the name of each alleged illegal voter, with the several objec- tions to the legality of his vote. Names. Grounds. Counter specifi- Scctiou 2. The pcrsou returned as aforesaid shall, within cations. fifteen days after receiving such notice, deliver to the person so contesting his seat a like specification of objections to the right of contestants to such seat. Affidavits. Copies, how de- livered. Restrictions. Section 3. Every specification as aforesaid shall 15e verified by affidavit of the party delivering the same, stating that he ver- ily believes that the grounds of objection set forth are substan- tially true, and the voters specified as illegal voters were not entitled by law to vote at the election in question. Section 4. Copies of said notice and specifications verified as aforesaid shall be delivered to the Speaker of the House hav- ing cognizance of the matter, the contestant to deliver his no- tice and specifications with his petition on the first day of the- session, and the sitting member so to deliver a copy of his spec- ifications to the said Speaker when he delivers them to the con- testant. Section 5. In the trial of the case of contested election the- parties shall be restricted to the grounds of objection in the specifications set forth, and shall not examine into the illegality of any votes other than those specified as illegal, nor impeach such votes for any causes other than those so specified as afore- said. 145 Section 6. If the House having cognizance of the matter cosu. shall determine that the sitting member is not entitled to his seat, it may order that the costs incurred by such contested election be paid by the county from which such member shall have been returned as duly elected, and in that case provision for the payment of such costs shall be made by the Levy Court of the said county at its next session after the adjournment of the General Assembly. Section 7. The said House in determining against the in frivolous claim of the contestant may also decide that the proceeding on "^"• his part is frivolous and vexatious, and may order that he shall pay all the costs of the said contested election, but without such order the contestant shall not be liable to costs, and the same Costs of contest, shall be paid by the State as heretofore in like cases. Section 8. Any order for the payment of costs by the con- Execution for testant shall be enforced by a writ issued by the Speaker of the '^°^'''- House in which such election was contested to the Sheriff of Kent county, directing him to levy and make the amount there- of of the goods and chattels, lands and tenements of the said petitioner, under which writ the said Sherifif shall sell the same or such part thereof as may be necessary to satisfy said writ, upon fifteen days' notice, posted as required in cases of sale on execution process, and shall pay over the amount by him re- ceived upon said writ to the State Treasurer, for the purpose of reimbursing to the treasury the sums drawn therefrom to pay the costs of said contested election. 146 CHAPTER 33, VOLUME 17. AN ACT m relation to Contested Elections other than for members of the General Assembly and Governor. Who may con- Scction I. Any person claiming to be elected to an office *^'''- to be exercised in and for any county or hundred may contest the right of any person declared to be duly elected to such office for any of the following causes, to wit : ist. For malconduct on the part of the officers or judges holding the election or any Causes.' One of them ; 2d. When the person whose right to the office is contested was not at the time of the election eligible to such office ; 3d. Where the person whose right is contested has given to any elector or inspector, judge or clerk of the election, any bribe or reward, or shall have offered any bribe or reward for the purpose of procuring his election ; 4th. On account of illegal votes. Section 2. No inequality or improper conduct in the pro- .'ceedings of the officers or judges aforesaid, or any one of them, tieslhairifo"Tn- shall bc coustrucd to amount to such mal-conduct as to annul validate. qj- gg^ asidc any election, unless the inequality or improper con- duct shall have been such as to procure the person whose right to the office may be contested to be declared duly elected when he has not received the highest number of legal votes cast at said election. Section 3. * * * * * * Chap 572 Vol Section 4. Nothing in the fourth ground or cause of con- 19. ' test specified in the first section of this act shall be so construed as to authorize an election to be set aside or annulled on ac- count of illegal votes, unless it shall appear that an amount of When set aside illegal votcs has becu given to the person whose right to the or 1 ega voting ^f^^^ jg contested whicli, taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting there- from the illegal votes which may be shown to have been given to such other person. Section 5. In cases arising under the second and third ra?e"on'ne1igu causcs of contcst, specified in section one of this act, a proceed- biiity of person jng may be instituted under this act against such person by the person who received the next highest number of votes, for the office at the election under which such ineligible persons was declared elected, notwithstanding the person so contesting the election does not claim to have been elected. 147 Section 6. When any person authorized to do so under this written state- I act shall desire to contest the right of any person declared duly menttobe filed ■elected to such office, he shall, within twenty days after the re- what°'to"omain. suit of the election shall have been officially ascertained by the board of canvas, or officers legally authorized to ascertain the same, (and at least sixty days before the first day of the term of chap, 572, Voi. court at which said contest shall be tried or called'for trial, file '^' with the Prothonotary of the Superior Court of this State in and for the county in which said contest is made a full, particu- lar and explicit statement, setting forth fully and specifically the names of any and all officers and judges upon the malconduct fvWcr^"n"^°'i of whom he will rely and respecting which he intends to pro- based to be filed cure evidence, and setting forth the precincts or election dis- Tary Jix'ty^days tricts of such officers and the particular malconduct of each re- ^^^°'^^ ^'"'"s °^ spectively, the names and residences of the witnesses and the substance of their testimony by whom he expjects to prove such malconduct ; and if such contest shall be based upon the second ground, as set forth in Section i, such statement shall specifical- ly, full and explicitly state the grounds and causes of the inelgi- me'^iftVo^'fiied'^' bility of the person whose right to the office is contested ; and shaii set forth, when such contests shall be made for causes comprised within the third item of said Section i the said statement shall explicit- ly, fully and clearly state the name of any elector, inspector, judge, clerk or other person to whom anv bribe or reward shall „ , , 11 <-/• 1 1 1 ■ 1 "1 r 1 1 -1 Causes to be ex- have been orrered ; and the time, place and amount of such bribe piicuiy stated in or reward, and the name and residences of the witnesses by seve°aUns"fnces whom the contestant expects to prove the offering of any bribe ■or reward, with a brief statement of their testimony. And when the ground of contest shall be on the ground of illegal votes, such statement shall specifically, fully and explicitly set forth the names, residences and respective causes of disqualification of each person alleged to have illegally voted, the polls at which such illegal vote has been received, the names of the election officers favoring the acceptance of such vote, whether such vote was challenged by the duly accredited challenger of the party of which the contestant was the candidate and whether all the judges or inspectors present at such polls concurred in accept- ing and receiving such vote ; and if it shall appear that all^ of such judges or inspectors concurred in accepting or receiving such vote, or that the right of the voters respectively to deposit such votes was not at the time challenged by the duly accredited challenger of the party of which the contestant was a candidate, the legality or illegality of such vote shall not be brought into Names and resi- question in any such contest; and the said statement shall fur- ^ess'eTto'^bes'et ther set forth the names and residences of the witnesses who will ["j^^ ihe^sub" be produced on behalf of the contestant to prove such illegal stance of the tes- votes and the substance of the testimony to be given by each ; given by°each. :and at the trial of any contest, cause or proceeding to be insti- I4S Contestant to be tutccl or continuecl, Of \vhich has been instituted or will be con- n'^s'e^s nl°m^d'in tinucd Under the provision of this act or of the act to which this- his^tatement ^^.^ jg ^j-, amendment, the contestant or plaintiff shall be limited in his proof and in the admission of evidence to the witnesses named in said statement, and the witnesses shall be limi- ted in their testimony to the facts set forth in the statement filed and delivered as aforesaid with respect towhich it shall be there- in alleged that they will be expected to testify ; said statement shall be verified by the oath of the contestant that the matters therein set forth are so far as they relate to his own act and deed and that what relates to the act and deed of any other per- son he believes to be true.) Witnesses limi- ted in their tes- timony. Statement sliall be verified liy oath or con- testant. Chap. 572,Vol.i9 ScCtioU 7. * * Chap. 572,Vol.i9 Section 8. * * Duty of Pro- thonotary. Section 9. Before such statement being filed as aforesaid,, it shall be the duty of the said Prothonotary to docket the said case in the Appearance Docket (and immediately issue a cita- Chap. 572,Voi.i9 tion for the person whose right to office is contested to appear on the first day of the second term of the said court to make such defense as he may have in said case, which citation shall be delivered to the Sheriff, or, if he be a party to the contest, to the Coroner) of the county, and be served by him upon the party defendant in person, or, if he cannot be found, by leaving a copy thereof at the house where he last resided at least five days before the day to which such citation is returnable. The original citation shall be returned to said Prothonotary on or before the first day of the next term of said court after it is issued, and the manner of service shall be endorsed thereon and signed by the officer serving the same. Citation for de fendant, to whom issued. Notice, How served. Return. Court may dis miss. Section 10. The Court may dismiss the proceedings if the statement of the cause or causes of contest do not conform to this act, or for want of prosecution. If said proceedings are not so dismissed the case shall proceed upon its merits and be tried and determined by the Court by the rules of law and evid- ence governing the determination of questions of law and facts Chap S72 Vol iq in the courts of law in this State, so far as the same are applica- ' ■ ble. * * Costs Section 11. The costs in all cases of contests under this- act shall be awarded to the various parties entitled thereto in the same manner and as near as can be to the same amount as- for like services in other cases tried in said court. Trial by Court Scctiou 12. All cascs of coutcst undcr this act shall be Exception fyjjy heard and determined by the Court, without the aid or in- 149 tervention of a jury, unless one or both of the parties to the contest shall claim a trial by jury, and the Court shall, in their judgment, determine that it is a case which, under the Constitu- tion and laws of the State, the party or parties are cnitled to a trial by jury. In such case a jury shall be empaneled and the Jury cause proceed according to the rules and practice of the Court in jury trials. Section 13. In the trial of any contested election under jurisdiction this act, the Court shall have full authority to make an examina- tion of the ballots given in such election, (except that whenever chap. 572,Voi.i9 the ballot boxes, ballots, poll lists, tally sheet, or other books or records, pertaining to any election, excepting the certificate when ballot of election of the officer against whom the contest may be made, porrusts%nd' duly signed by the SherilT or presiding officer of the Board of [fi'offered'L'"^^ Canvass and the Inspectors present, and filed according to law, evidence shall have come in any way, legally or illegally, into the posses- sion, care or custody of any person, officially or otherwise who shall have been a candidate and voted for upon the same official ballot as a candidate of the same political party as the contest- ant, no such ballot boxes, poll lists, tally sheets, or other books 01 records pertaining" to the said election, excepting the certifi- cate of election as aforesaid, shall be offered in evidence in any -contest begun or prosecuted under the provisions hereof) and may make and enforce by attachment all necessary orders to obtain possession of the same, and after hearing the allegations and proofs in the cause, shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried said cause), either confirming or annulling such election altogether, or de- claring some other person than the one whose election is con- tested duly elected. Section 14. If it appear by the judgment of the Court or Election the verdict of the jury (if there be a jury), that any other person than the one whose election is contested received the highest number of legal votes, judgment should be rendered declaring :such person duly elected; * * '•' * * '^ ap-572. o.'9 Section 15. When the person whose election is contested when election is proved to be inelgible to the office, judgment shall be render- 'svoid ered declaring the election void and the office vacant, and such proceedings shall then be had as in vacancies happening from any other cause. When it shall appear that two persons have received an equal number of legal votes for the same office, the provisions .of law heretofore in force for the settlement of such cases shall prevail, if there be any such provision ; if there be none, then the said office shall be adjudged and declared va- ^^^^^^.^ ^^^^ cant, and such proceedings shall then be had as in vacancies filled happening from any other cause. I50 Execution for Sectioii i6. Judgment for costs shall be rendered in all *^°"^ cases against the unsuccessful party to the contest, and execu- tion may issue against him for the same. Contestant to Scctiou I/. Any pcrsou contesting any election under the grve^security for pj-Qvisions of this act, shall be required to give security for costs in such amount and manner as the court shall order. Such se- curity, however, shall in no case be enforced unless judgment for costs be rendered against the contestant. (Section i8. Provided, however, that this act shall not be cemlng° contests construed to prevent a further prosecution of any contest now now pending pending under the provisions of the act hereby amended if ad- vantage shall be taken of the provisions of this act and the statement required by Section i shall be filed and delivered as therein provided by the contestant in any case within ten days after the passage of this act.) Passed at Dover, March 14, 1883. 151 CHAPTER 22, VOLUME i8. AN ACT concerning the Appointment of Electors of President and Vice President. Section i. Any person intending to contest the election of Notice of contest any one declared by the Governor to have been chosen an elec- °[ '''^'^''°u °/, v tor of President and Vice-President of the United States shall, given wuhi nin w^ithin ten days after such declaration by proclamation of the '*" ^^^^ Governor, give written notice of such intention to the person whose election he intends to contest and also to the Governor; and within five days after the delivery of said notice shall de- gj^^,, ^^,5^^^ liver to the person whose election he contests and to the Gov- within five days ernor written specification of the grounds upon which it is in- TaUons oT" ' tended to contest the said election of the person so declared to srouuds have been elected as aforesaid ; and if one of the grounds shall be that illegal votes were given at such election for the person declared to have been elected, then such specification shall par- ticularly set forth the name of each alleged illegal voter, with what set forth, the several objections to the legality of his vote; and shall also Hundred, eiec- distinctlv set forth and state the hundred and election district ^'°"^'^y'^\^1 precinct shall be or precmct at which the illegal vote was cast. stated. Section 2. The person declared to have been elected as Person whose aforesaid and who shall have received notice of contest as afore- ^^^t is contested ... . . . .- . - , shall within ten said, shall, withm ten days after receiving specmcation of the days deliver to grounds of contest, deliver to the person so contesting his elec- Tng^ami'^Gover- tion, and to the Governor, a like specification of objection to ["j""" '"^ "^J^*^' the right of the contestant to be declared an elector ; and in such specification may also state any other ground upon which he rests the validity of his election. Section 3. Everv specification as aforesaid shall be veri- specification fied by the affidavit of the party delivering the same, stating ty'affidavTt'.^"* that he verily believes that the grounds of objection set forth are substantially true; and that the voters specified as illegal voters were not entitled by law to vote at the elecion in ques- ion. Section 4. The notice and specification verified as afore- specification said, which shall have been delivered to the Governor, shall be J'."'f/^fj"p''3„^.'' by him delivered to the Canvassing Board, hereinafter created, yltJug board, together with the certificates of the votes given for each person, voted for for elector as returned to him In- the respective Boards of Canvass under the election laws of this State, on the first day of the assembling of the Canvassing Board herein cre- ated. 152 Parties shall be Scction 5. Ill the trial of the case of a contested election grounTo'f objec- the parties shall be restricted to the grounds of objections in the tion in specifi- specifications set forth ; and the statements of the other grounds 'Cutions. ^ upon which the person declared to have been elected rests the The illegality of Validity of his clcction ; and shall not examine into the illegality <3ther votes shall of any othcr votcr other than those specified as illegal, nor im- dnto. ^ '"'^""^^ peach such votes for any causes other than those so specified as aforesaid. Party declared Scctiou 6. Whcrc any coutcstaut or person who has been testam °may"ap- dcclarcd clcctcd, and whose election is contested, is desirious ply to the Pro- of obtaining testimony respecting a contested election, he may kent°county for apply to the Prothouotary of the Superior Court of the State subpoena. of Delaware, in and for Kent County, for a subpoena or subpoe- nas for summoning such witnesses as he may wish to appear before the Board of Canvass at such time as shall be in the sub- c V, » V poenas designated. Such subpoena shall be directed to the bubpcenas to be ' &> . 1 • 1 1 directed to the bherift of the couuty in which the witness or witnesses reside, whe"f wit'nTs"^ and shall be served in the same manner as subpoenas for wit- reside ncsscs iu civil cascs are served. The Sheriff to whom a sub- poena may be directed shall make return of his service thereon m^ak'e^eturns. to the Said Board of Canvass on the first day of its meeting to hear the contest. Superior Court Scctiou /. The Supcrior Court of the State of Delaware, ware'for K^t'""' ^^ ^"^ ^^r Kcut Couuty, is hereby created and declared to be a county created a Board of Caiivass to hcar and determine all contests of elec- vass. ° ^" tions of electors of President and \Tce President, with a power to regulate and determine the mode of procedure, and all other matter pertaining thereto as may be necessary in carrying out the provisions of this act and the act of Congress fixing the day of the meeting of electors, passed February 3, A. D. 1887 ; and it shall be the duty of the Governor, whenever a notice of con- Governor. ^ test is served upon him, immediately to make proclamation con- vening said Superior Court in special session at the Court House in Dover, on a day to be by him named, which shall not be later than the twentieth day of December next succeeding the day of the election in the year in which the election was held. Duty of Section 8. The said Superior Court, after hearing any Superior Court, contest of clcctiou of an elector or electors, shall make out and certify, under the seal of the Court, the ascertainment of the vote of the State for electors, and also certify the names of the persons chosen as electors, and cause said ascertainment and certificate, together with all the papers and certificates filed in the case, to be delivered to the Governor on or before the first day of January next succeeding the day of election at which the electors were chosen. 153 CHAPTER 329. \^OLUME 16. AN ACT tp Secure Free Elections. Section i. That if anv person or corporation existing: or , ,. ., .. 1 • 1 • ■ 1 • r> ' 1 11 1 • 1 1 • Intimidation at 'donig busniess in this btate shah hinder, control, coerce or m- elections by per- timidate, or shall attempt to hinder, control, coerce or intimi- tioiis prohibited, date any qualified elector of this State from or in the exercise of his right to vote at any general, special or municipal election held under the laws of this State, by means of bribery, or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every such per- son or corporation so ofifending shall be guilty of a misdemean- ^^"^''y- or, and upon conviction thereof shall forfeit and pay to the State of Delaware a fine of not less than five hundred nor more than two thousand dollars, or be imprisoned (if a natural person) not more than one year, or both, in the discretion of the Court. And every, elector so aggrieved may also in an action of debt Action of debt brought for that purpose sue for and recover from the person or corporation so ofifending as aforesaid the sum of five hun- dred dollars. Section 2. That in all trials under the provisions of the foregoing section the act or acts of any officer of a corporation, Extent of Ua- so far as they afifect or concern any employe or servant of such pomions*"^' corporation, shall be taken and held to be the act or acts of the corporation, whether general or special authority as to such act or acts from the corporation to such officer be shown or not. But nothing herein contained shall be construed to relieve any officer of a corporation from individual liability under the pro- visions of this act. 154 * CHAPTER 26, VOLUME 19. AN ACT in Eelation to the Levy Court of New Castle County. * * H« * * =1 * Election and qualification of Receiver of Taxes and County Treasurer Term of office Election of Comptroller Term of office Section 6. * * * That at the general election in the year A. D. 1892, and the general election in each and every fourth year thereafter, there shall be voted fdr and elected by the voters of New Castle Comity qualified to vote for members of the General Assembly, a person being a resident freeholder as aforesaid, to fill the said office of Receiver of Taxes and County Treasurer. The person so elected, as aforesaid, shall hold office for the term of four years, commencing on the first Tuesday in January next succeeding his election, or until his. successor shall be duly qualified. * * Section 16. * * * That at the general election in the year A. D. 1892, and at the general election^ in each and every fourth year thereafter, there shall be voted for and elected by the voters of New Castle County, qualified to vote for members of the General Assembly, a person, being a resident freeholder as aforesaid, to fill the office of County Comptroller. The per- son so elected as aforesaid shall hold office for the term of four years, commencing on the first Tuesday in January next suc- ceeding his election, or until his successor shall be dulv quali- fied. '■'' >!=**** *Amended. See Chapter 50, Volume XXII. 155 CHAPTER 50, VOLUME 22. AN ACT in relation to the Levy Court of New Castle County. Be it enacted by the Senate ayid House of Representatives of the State of Delaware in General Assembly met. Section i. That the County of New Castle, for the purpose divided into of this Act shall be and the same is hereby divided into seven seven districts, districts, as follows, to-wit : One shall comprise and be com- posed of the Second, Fourth, Sixth, Eighth and Ninth wards of liic City of Wilmington, being Representative Districts Number °"" "'"" One and Number Two in New Castle County, as the same now are bounded and described or may be hereafter extended or en- larged in any way, and the said district shall be known as the First Eevy Court District ; another shall comprise and be com- posed of the First, Third, Fifth, Seventh, Tenth, Eleventh and Twelfth wards of the City of Wilmington, being Representative Districts Number Three, Number Four and Number Five in New Castle County, as the same are now bounded and described or may be hereafter extended or enlarged in any way, and the said district shall be known as the Second Levy Court District ; another shall comprise and be composed of Brandywine Hund- red, together with all that portion of Christiana Hundred lying north of and bounded by the central line of the Lancaster Turn- pike, being Senatorial District Number Three in New Castle County and the said district shall be known as the Third Levy Court District ; another shall comprise and be composed of Mill Creek Hundred,togetherwith all that portion of Christiana Hun- dred lying south of and bounded by the central line of the Lan- caster Turnpike, being Senatorial District Number Four in New Castle County, and the said district shall be known as the Fourth Levy Court District ; another shall comprise and be composed of White Clay Creek Hundred, Red Lion Hundred and New Castle Hundred, being Senatorial District Number Five in New Castle County, and the said district shall be known as the Fifth Levy Court District ; another shall comprise and be composed of Pencader Hundred and St. George's Hundred, being Sena- torial District Number Six in New Castle County, and the said district shall be known as the Sixth Levy Court District ; and the remaining districts shall comprise and be composed of Ap- poquinimink Hundred and Blackbird Hundred, being Senatorial District Number Seven in New Castle County, and the said dis- trict shall be known as the Seventh Levy Court District. Section 2. That at the general election to be held in the T^ o''* ''''^'*"^ I year A. D. one thousand nine hundred and four, and at the gen- r* eral election to be held in every fourth year thereafter, there 156 To meet for organization first Tuesday in January after election. Governor to appoint in case of vacancy. Powers of In case of tie •vote Governor to appoint. Salary of. shall be elected from among the resident electors of each of said districts, by the qualified voters thereof, one person to be a Levy Court Commissioner of New Castle County, to hold ofBce, as such Commissioner, for the term of four years, commencing on the first Tuesday in the month of January next following each election. Section 3. That the said Levy Court Commissioners so to be elected, shall thereafter constitute the Levy Court of New Castle County, and shall meet for organization on the first Tuesday in January after their election, and after taking the oath prescribed by the Constitution shall proceed to elect one of their number to be the presiding officer. Four of the Levy Court Commissioners shall be sufficient for the purpose of or- ganization and shall constitute a quorum for the transaction of business. The said Levy Court Commissioners shall have the power to make rules for their government not inconsistent with the Constitution and the laws of the State, and after their said first meeting they shall meet at the times now prescribed by law for the meetings of the Levy Court of said county. Section 4. In case of the death, resignation, inelgibility or removal from the Levy Court District of any Commissioner elected under the provisions of this Act, at any time, it shall be the duty of the Governor to appoint some suitable person hav- ing the qualifications hereinbefore required in that behalf to fill the vacancy so created pursuant to the provisions of the Consti- tution in that behalf. The Levy Court Commissioners to be elected under this Act shall have as full and complete jurisdiction over all and ev- ery the matters and things now vested by law in the Levy Court of New Castle County, as at present constituted and in the sev- eral members thereof, and shall exercise every po\Yer, privilege, right and duty which now belongs to the said Levy Court of New Castle County, as fully and completely as the said Levy Court now by law is authorized to do. Section 5. Should any two or more persons voted for as Levy Court Commissioners in any district receive an equal and the highest number of votes cast at any election, the Superior Court of the State of Delaware, in and for New Castle County, sitting as the Board of Canvass in said county, shall certify that fact to the Governor, who shall forthwith select one of said persons to be the Levy Court Commissioner from said district. The Levy Court Commissioners to be elected under the provisions of this Act, shall receive, as full compensation for their services, the sum of eight hundred dollars annually, in quarterly installments of two hundred dollars each, by warrants duly drawn upon the County Treasurer. 157 Section 6. That from and after the time this Act becomes Levy Coun to a law until the thirty-first day of December, A. D. 1904, the ^°^"^'^'°f^^^^'^' Levy Court of New Castle County shall consist and be com- posed of seven Levy Court Commissioners, to wit : the five Levy Court Commissioners elected in said county at the general election in November, A. D. 1900, and two Levy Court Com- missioners to be appointed by the Governor; and the said five po°inrt"wo a°ddF-' Levy Court Commissioners so elected as aforesaid, and the said tionai members two Levy Court Commissioners so to be appointed as aforesaid shall constitute the Levy Court of New Castle County until the time aforesaid ; and the Governor is hereby authorized and em- powered to appoint two suitable persons from among the elec- tors of said county to be Levy Court Commissioners of New Castle County as aforesaid for the term aforesaid. The said Levy Court Commissioners so elected and so ap- pointed shall have, possess, enjoy and exercise all the rights, dutTeTofLtv powers, privileges and duties of Levy Court Commissioners of Court thus New Castle County, now vested by law in Levy Court Commis- ~"^'''"'^^- sioners of New Castle County, and shall each receive the com- pensation now fixed by law ; and the said Levy Court so consti- tuted shall have, possess and enjoy as full and complete juris- diction over all and every the matters and things now vested by law in the Levy Court of New Castle County, as at present constituted, and shall possess, enjoy and exercise fully and com- pletely all and every the powers, privileges, rights and duties that the Levy Court of New Castle County now by law pos- sesses, enjoys and exercises. Section 7. That all Acts or parts of Acts inconsistent herewith, or repugnant hereto, or supplied or manifestly super- seded hereby, be and the same are hereby repealed and made null and void. Approved March 7, 1901. 158 Levy Court how composed. Districts. Election. Term. •Qualifications Districts Term Election Term District Term Vacancies CHAPTER 22, VOLUME 21. AN ACT reorganizing the Levy Court of Kent County and Defining its Powers and Duties. Be it enacted by the Senate and House of Represe7itatives of the State of Delaware in General Assembly met : Section i. * Tie vote Section 2. That from and after the said first Monday in June, 1898, the Levy Court of Kent County shall be composed of ten members, one of whom shall be chosen from each of the ten Representative districts into which Kent county is divided by the Constitution of this State, in the manner hereinafter pro- vided. Section -^^ * * * * .* Section 4. That at the general election to be held in the year A. D. 1898, and every fourth year thereafter, there shall be elected for the term of four years from among the resident freeholders from each of the representative districts to wit: Numbers two, three, four, eight and ten by the cjualified voters thereof, one person to be Levy Court Commissioner of Kent County. The persons elected at the said general election in the year A. D. 1898, shall hold their respective ofBces until the first Tuesday in February, A. D. 1903, and until their successors are duly elected and qualified. And at the general election to be held in the year A. D. 1900 and every fourth year thereafter, there shall be elected for the term of four years from among the resident freeholders in each of the following representative districts, to wit : Numbers one, five, six, seven and nine by the qualified voters thereof, one person to be a Levy Court Com- missioner of Kent County. The persons elected at the said general election in the year A. D. 1900 shall hold their respec- tive offices until the first Tuesday in February A. D. 1905 and until their successors are duly elected and qualified. Section ^_ * * * * * In case of death, resignation or removal from the district of any Commissioner elected or appointed under the provisions of this act it shall be the duty of the Governor to appoint some suitable person to fill such unexpired term, having the qualifications hereinbefore required in that behalf. * * * * Should any two or more persons voted for as Levy Court Com- missioners of any district receive an equal and highest number of votes cast at any election the Board of Canvass shall certify 159 the fact to the Governor, who shall forthwith select one of said Appointment persons to be Levy Court Commissioner from said district, who shall hold the said office for two years from the first Tuesday in February then next, and at the general election then next to be held in "^aid county a successor shall be elected in said district Election of for the unexpired term of two years. * * * successor Approved May 19, A. D. 1898. CHAPTER 54, VOLUME 22. AN ACT reorganizing tha Levy Court of Sussex County and Defining its Powers and Duties. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : Section i. That from and after the first Tuesday in Feb- ruary, A. D. 1903, the Levy Court of Sussex County, as now as^now constitu- organized and constituted, be and the same shall be abolished, ,•shed°in^903°'" and the terms, duties and powers of the office of the Levy Court Commissioners now composing the Levy Court of Sussex County are hereby declared to be terminated and ended on the said first Tuesday in February, A. D. 1903. Section 2. That from and after the said first Tuesdav in To be composed February, A. D. 1903, the Levy Court of Sussex County shall °f'-"'"<='"bers be composed of ten members, one of whom shall be chosen from each of the ten Representative Districts into which Sussex County is divided by the Constitution of the State, in the man- ReprefeTitI?i'i''e ner hereinafter provided. District Section 3. That at the general election to be held in the year A. D. 1902, there shall be elected from among the resident freeholders from each of the odd numbered Representative Dis- tricts, by the qualified electors thereof, a Levy Court Commis- sioner for Sussex County for said districts for the term of two years, and from among the resident freeholders from each gven numbered Representative Districts, by the qualified electors thereof, a Levy Court Commissioner for Sussex County for said •districts for the term of four years. How elected i6o To meet for or- ganization. Clerk of the Peace to have deciding vote in case of tie. To make rules. Meetings of. Governoi to ap- point in case of vacancy. Jurisdiction. Section 4. That at the general election to be held in the- year A. D. 1904, and every fourth year thereafter, there shall be elected for the term of four years from among the resident free-holders from each of the odd numbered Representative Dis- tricts, by the qualified electors thereof, one person to be Levy Court Commissioner of Sussex County. The persons elected at the said general election in the year A. D. 1904 shall hold their respective offices until the first Tuesday in February, A. D. 1909, and until their successors are duly elected and quali- fied. And at the general election to be held in the year A. D. 1906, and every fourth year thereafter, there shall be elected for the term of four years from among the resident freeholders in each of the even numbered Representative Districts, by the qualified electors thereof, one person to be Levy Court Com- missioner of Sussex County. The persons elected at the said general election in the year A. D. 1906, shall hold their respec- tive ofifices until the first Tuesday in February A. D. 191 1, and until their successors are duly elected and qualified. Section 5. The persons elected Levy Court Commission- ers under the provisions of this Act shall meet for organization on the first Tuesday in February following their election, and shall take the oath of office, now provided by law for Levy Court Commissioners, and shall organize by electing one of their number presiding officer, and in case of two of said Levy Court Commissioners shall receive an equal and highest num- ber of votes for said presiding officer, and in case there shall be a tie vote on any other cjuestion whatever (all the members of said Levy Court being present and voting), the Clerk of the Peace of Sussex County, or such other person as may hereafter be Clerk of the Peace of the said Levy Court, shall have the de- ciding vote. Six of the said Levy Court Commissioners shall be sufficient for organization and shall constitute a quorum for the transaction of business. The said Levy Court Commis- sioners shall have power to make rules for theii^government not inconsistent with the Constitution and the laws of the State of Delaware ; and after their first meeting they shall meet at the County Building in the Town of Georgetown, on the first Tuesday in each and every month, in each and every year, ex- cepting the months of June, July, August and September. In case of death, resignation or removal from the district of any Commissioner elected or appointed under the provisions of this Act, it shall be the duty of the Governor to appoint some suitable person to fill ' such unexpired term having the qualifi- cations hereinbefore required in that behalf. The Levy Court Commissioners appointed and to be elected under the provi- sion of this Act, shall have full and complete jurisdiction over all and every the mattters and things now vested by law in the Levy Court of Sussex County as at present constituted, and in i6i the several members thereof, and shall exercise every power,, privilege, right and duty which now belongs to the Levy Court of Sussex County, as fully and completely as the Levy Court now by law is authorized to do, except as the same is or may be modified by the provisions of this Act. Should any two or more persons voted for as Levy Court Commissioners of any district receive equal and highest number of votes cast at any election, the Board of Canvass shall certify to the fact to the Board of Can- Governor, who shall forthwith select one of said persons to be vass to certify T r^ /-\ • • r • 1 ^^ • >iniiii vote to Governor Levy Court Commissioner from said district, who shall hold the in case of tie. said oflfice for two years from the first Tuesday in February, Governor to ap- tlience next ensuing, and at the general election then next to p°'"^ '""'■^ "^^"^ be held in said county, a successor shall be elected in said dis- trict for the unexpired term of two years. The Levy Court edfof tmexpire'cs Commissioners appointed and to be elected under the provi- '^'•™- sions of this Act shall be paid for their services the yearly sum of two hundred dollars (200.00), in quarterly instalments of fifty Salary, dollars each, in lieu of all other compensation, by warrants duly drawn on the County Treasurer. That it shall be the duty of the present Levy Court of Sussex County and every Commis- sioner thereof, and every person having control or possession of any records, books, papers or other property belonging to the said Levy Court of Sussex County, on the first Tuesday in to surrender February, A. D. 1903, to surrender and deposit the same with records, books, the Clerk of the Peace of the said county, who shall keep the the'peace.^'^ ° same subject to the control of the Levy Court Commissioners elected or appointed under the provisions of this Act. And in case the said Levy Court, or any Commissioner thereof as aforesaid, shall neglect or refuse on demand of said Levy Court Commissioners appointed or elected as aforesaid to surrender or deliver up such records, books, papers or other property to the said Clerk of the Peace in and for Sussex County, such and every person so neglecting or refusing as aforesaid shall be guilty of a misdemeanor, and upon conviction thereof shall for- feit and pay a fine of five hundred dollars, and be imprisoned p^^^j. ^^^^^ for the term of one year, or until the said records, books, papers fusing, or other property shall be delivered into the custody of the said Levy Court or Levy Court Commissioner. Section 6. That the said Levy Court Commissioners, at their first meeting in Alarch, A. D. 1903, and in each and every year thereafter, after having settled with the collectors of the said several districts as hereinafter provided, shall appoint for to .ippoint .-< each of the ten Representative Districts one qualified voter res- i°"es7o'rfach ident therein, to be Collector of Taxes of said district for the district, vear in which he shall be appointed, who shall have all the power and authority, and be subject to all the requirements, qualifications and duties heretofore imposed upon Collectors of Taxes in and for the county aforesaid. l62 Duty of Collect- ^^ shall be the duty of said several collectors in said county ors. t(, make a full and complete settlement with the Levy Court in March in each and every year, at which time the said Levy Court shall allow each of said collectors such errors, delin- quents and uncollectable taxes as it shall deem meet and proper. After such errors, delinquents and uncollectable taxes and the per centum hereinbefore provided for shall be allowed and de- ducted from the aggregate amount of the duplicate delivered to each of said collectors, if then any or all of said collectors are Collectors jnar- jj- arrcars to said county, such collector or collectors as are in forreappimt-^ arrears shall be inelgible for reappointment unless such arrear- "'^"'- ages shall be immediately paid over to the County Treasurer of said county. Offices of Trus- tees of the Poor terminated A. D, 1903. Levy Court to appoint ten Trustees. How and when appointed. Vacancies to be filled by Levy Court at any meeting of. In addition to other duties to certify to Levy Court amount necessary for maintenance of Almshouse. Levy Court to levy tax there- for. Section 7. That from and after the first Tuesday in Feb- ruary, A. D. 1903, the terms of office of the several Trustees of the Poor heretofore appointed by the said Levy Court of Sus- sex County shall then be terminated and ended and the Levy Court Commissioners appointed and to be elected by and under the provisions of this Act, be and they are hereby authorized and directed, and it shall be their duty to appoint for each of said Representative Districts a qualified voter of and resident in the district, and the person so appointed shall compose the Trustees of the Poor for Sussex County. The said Levy Court shall, at its first meeting in February, A. D. 1903, appoint from the odd numbered districts five Trustees of the Poor, who shall serve until the February meeting of the Levy Court in the year A. D. 1905, when their successors shall be appointed by the said Levy Court for the term of two years, and likewise every two years thereafter ; and five other Trustees shall be appointed by said Levy Court at its first meeting in Fel^ruary, A. D. 1903, from the even numbered districts, who shall serve until the February meeting of the Levy Court in the year A. D. 1904, when their successors shall be appointed by the said Levy Court for the term of two years, and likewise every two years thereaf- ter. In case of a vacancy or vacancies happening by death or otherwise, the Levy Court shall at any meeting thereof fill the same for the unexpired term. In addition to the powers and duties now possessed and imposed on the Trustees of the Poor of Sussex County aforesaid it shall be their duty to certify to the Levy Court, on or before the first Tuesday in March, A. D. 1904, and in each and every year thereafter, an estimated amount of the appropriation which it will require for the main- tenance of the Alms House for the year succeeding, beyond the produce and income derived from the Alms House farm; and the said Levy Court shall levy a proper rate for that purpose, to be levied with the other county rates, and to be collected by the county collectors of said county as provided by this Act. i63 Section 8. That for all work and labor required to be done upon the public roads of said county, or for the construction, re- pair and maintenance of bridges which are maintained at public expense, and for all materials, tools, implements and machinery to be furnished, had, used, for or on account of said county, hi°ex^cess of's2oo W'here the cost in any particular case, section or district which f*'''*l'j^''u''''\^ may be established by said Levy Court, which will probably ex- ceed two hundred dollars, the Levy Court shall publicly adver- tise for proposals for the doing of said work and for the furnish- ing of said materials, tools, implements and machinery, and shall give the contract to the lowest, competent and responsible bid- der or bidders, and the Levy Court shall require of each bidder Bidder or^bid- or bidders a bond to the vState of Delaware in double the bond, amount of such bid, with surety or sureties to be approved by the said Levy Court for the faithful performance of such con- tract. Section 9. That it shall be the duty of the said Levy Court of Sussex County at its first meeting in March, A. D. 1903, and 0^° rs''ee?i"n each in each and every year thereafter, to appoint for each of said representative ten Representative Districts one or more qualified voters resi- dent therein to be Overseer, or Overseers of Roads, whose du- ties, powers, qualifications and requirements shall be the same as now required and imposed by law upon Road Overseers, ex- cept as herein provided ; provided, that the said Levy Court shall not assign to any of said Road Overseers a road lying part- ly in two or more districts. And further Provided, that where a road is the dividing line between two districts an Overseer therefor may be appointed from either district. And it shall court c^ommis- bc the dutv of each of said Lew Court Commissioners on such ^ioner to settle , .-r^-, AT^ '11111- i 1- 1 With Overseers davs m February, A. D. 1903, as he shall designate, and m each of his district, and every year thereafter, to settle with the said Road Over- seers in his district at some central and convenient place to be bv him designated, notice of which time and place of meeting shall be given to each of said several Road Overseers by each Notice of meet- of said Lew Court Commissioners, either in person or by let- ing. ter at least'ten days before the time of meeting, and the said Levy Court Commissioners, and shall make a report in writing LevyCourt- to said Levy Court at its next session, which report shall show ['^°^J]:^'?,'°;;,^;'^d an itemized statement of all expenditures made by each of said report to Un-j-- Road Overseers, accompanied by the stubs of orders drawn on the County Treasurer for all such items. Provided, that no per ^^^^^ ^.^^^^^ diem or mileage shall be allowed to any Road Overseer or Levy said meeting. Court Commissioner for or on account of attending said meet- ing or. making said report. Section 10. That the said Levy Court shall, on the first Tuesdav in March, A. D.1903, and in'each and every year there- .•after, appoint for each of the said several ten Representative ib4 Districts at least one, and as many more as the law provides, qualified voters resident therein, to be Constable or Constables for the said districts for the year in which they shall be appoint- ed and who shall have all the power and authority and shall be subject to all the requirements, qualifications and duties hereto- fore imposed or obligated by law upon Constables in and for Sussex County aforesaid. Section ii. That the votes of a majority of all the mem- bers elected to said Levy Court shall be necessary to elect or appoint all officers that the said Levy Court is now, or may be hereafter authorized by law to elect or appoint ; provided, that in case of a tie between the two candidates receiving the high- est number of votes the Clerk of the Peace of Sussex County,, or such other person as may hereafter be the Clerk of the said Levy Court, shall have the deciding vote, as hereinbefore pro- vided for. And further provided, that each Levy Court Com- missioner shall nominate, and the Levy Court shall elect, all officers for their respective districts which said Levy Court is- now or may be hereafter authorized by law to elect or reap- point, which officers are not by law required to enter bond. Grand and petit Scctiou 12. The said Lcvy Court in selecting Grand and iwediquaUy'' Pctit Jurors shall apportion the number required by law among t'rlc'ts"" '^''' ^^""^ several Representative Districts equally as may be. All consistent Scctiou 13. That all existing laws in relation to the Levy be'a'"1iMWe'° Court of Susscx County shall be applicable to the Levy Court of Sussex County as composed and constituted under the provi- sions of this Act, so far as they are consistent herewith. Section 14. All acts or part of Acts inconsistent with this Act are hereby repealed. Approved March 9, A. D. 1901. Levy Court to appoint Con- stable in each representative district. Powers of. Majority to elect all officers. Clerk of the Peace to decide tie vote. Levy Court Commissioner of each district to have right to nominate all officers therein except those subject to bond. i65 CHAPTER 2j, VOLUME 19. Of the Election of County Treasurer. Section 5. At the general election to be held in Kent Eig^-tjonof County in November, A, D. 1892, and at every general election County ireas- to be held thereafter in said county, the citizens thereof, having "''^''' a right to vote for representatives, shall elect by ballot some person resident in said county, to be County Treasurer, who shall hold his ofifice for the term of two years commencing on the Thursday next following the first Tuesday in February next Term of office, succeeding said gene'-al election. =!: * * » CHAPTER 28, VOLUME 19. Of the Election of County Treasurer. * :fe ^ * :js ic Section 5. At the general election to be held in Sussex Election of County in November, A. D. 1892. and at every general election ^ °g""'>' '^'■*^*" to be held thereafter in said county, the citizens thereof, having a right to vote for representatives, shall elect by ballot some person resident in said county to be County Treasurer, who shall hold his office for the term of two years, commencing on the Thursday next following the first Tuesday in February next Term of office, succeeding said general election, * * * * 1 66 Road Commis- sioners. CHAPTER 31, VOLUME 17.* AN ACT in relation to the Election of Boad Commissioners in New Castle County. Election of Scction I. The qualified voters of the several hundreds in ^""""^ New Castle county shall, biennially, at the general election held on the Tuesday next after the first Monday in November elect the Road Commissioners for said hundred according to the ro- tation now established. All of said Commissioners whose terms of office would otherwise have expired before the time of hold- CommLion^er^s" iug the general election next after the passage of this act shall continue to hold office until the time of holding the same. Certificates. Scctioii 2. Immediately upon closing the election afore- said in the several hundreds and ascertaining the state of the vote the Inspector and Judges of the election in said hundred, unless said hundred is divided into two or more election dis- tricts, shall make and sign certificates of the person or persons elected Road Commissioner or Commissioners, as the case may m?tred°™ "^^"*" be, and shall cause the same to be transmitted without delay, to wit : One to each of the Road Commissioners elected and one to the Clerk of the Peace of the county, to be filed in his office. Said certificates shall be of the following form, viz. : F,,^ NEW CASTLE COUNTY, ss. At the general election held in hundred on the Tues- day next after the first Monday in the year of our Lord one thousand eight hundred was duly elected road com- missioner for said hundred. In testimony whereof we, the judges of said election for said hundred, have hereunto set our hands the day and. year aforesaid. Certificates Scctiou 3. If the Said hundred in which said election is held di'itded""'^'^*'^ '* is divided into two or more election districts, the inspector and judges in each of said election districts shall make and sign a certificate of the number of votes given for each person voted for as road commissioner. The inspectors and judges of each of the election districts of said hundred shall assemble on the day next succeeding said election, at the same time and in the same places of voting as now by law required for the meeting wjienand of presiding officers and judges of the election heretofore held on the first Tuesday in October, and ascertain the aggregate *As to Brandywine Hundred, See Chapter 50, Volume XX, Laws of Delaware. Meeting. where. 167 number of votes given in said election districts for each person Ascertainment voted for for road commissioner, and the person or persons, ac- °* ''°'^' cording as there may be one or more elected, having the high- est number of votes for road commissioner or commissioners, shall be declared duly elected road commissioner or road com- missioners ; and the said inspectors and judges of said election Certificate, districts in said hundred shall make, sign and transmit certifi- cates of said election, as provided in Section 2 of this act. If two candidates for said oflfice of Road Commissioner or Com- Tie. missioners shall have the highest and an equal number of votes, a casting vote shall be given by the presiding ofificer of said election, or, in case said hundred is divided into two or more election districts, by the presiding officer of the election district of said hundred, as directed by the several acts of the General Assembly dividing the several hundreds into two or more elec- tion districts, which casting vote so given shall elect the candi- date in whose favor it is given. i68 Qualified elec- tors of New- Castle not to vote for Road Commissioners. Official ballots for voters of City of New Castle not to contain names of Road Commissioners. CHAPTER 65, VOLUME 22. ^N ACT in relation to the Election of Road Commissioners in M"ew Castle Hundred. Be it enacted by the Senate and Hojise of Represefttatives of the State of Delaware in General Assembly met : Whereas, The Road Commissioners of New Castle Hun- dred have no authority over the roads and streets within the corporate hmits of the City of New Castle. Therefore be it enacted by the authority aforesaid, as fol- lows : Section i. That from and after the passage of this Act no qualified elector who is a resident of the City of New Castle shall have the right to vote at any general or special election for any Road Commissioner, or Road Commissioners, to be elected in the said Hundred. Section 2. At every election hereafter held at which a Road Commissioner is to be elected the official ballots shall be so prepared that those to be used by residents of the City of New Castle shall not contain the candidates to be voted for as Road Commissioners, while all ballots to be used in other portions of said New Castle Hundred at such elections shall contain the names of the candidates for said office. Approved March 14, A. D. 1901. 169 CHAPTER 255, VOLUME 22. AN ACT to change the voting place in the Second Election District of the Eleventh Representative District in New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section i. That after the approval of this Act all persons •entitled to vote at any general or special election in the Second 2d°E"fction rirs- Eiection District of the Eleventh Representative District in Re^p'resimativl' New Castle County, shall vote at the public house of William District to be at Smith, at Kirkwood, known as the Kirkwood Hotel, in said dis- HoteK°° trict. Section 2. That all acts or parts of acts inconsistent here- with be and the same are hereby repealed. Approved March 24, A. D. 1903. I70 CHAPTER 7,, VOLUME 22. AN ACT changing the boundaries of the Third and Fourth Election Dis- tricts of the Tenth Representative District, New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met. Boundaries of All that part of Ncw Castle Hundred south of the New Cas- Di's^riaorioth tie and Christiana road and Delaware Street, in the town of Representative New Castle, to where it is crossed by the Delaware Railroad' Xjistrict • changed. cut-off, and west of the Delaware Railroad cut-ofif, to where it connects with the main line of the Delaware Railroad, and west of the main line of the Delaware Railroad, to where it is crossed by the State road, thence southerly by the State road to the boundary line between Red Lion Hundred and New Castle Hundred, shall be known as the Third Election District of the Tenth Representative District. Boundaries of ^11 that part of Ncw Castlc Hundred south of Delaware Fourth Election Street beginning at the Delaware River and following the line RepresentaUve of Said Delaware Street westerly to the Delaware Railroad cut- Sian'^'ed o^' thcucc by the line of said cut-of¥ railroad to its intersection with the main line of the Delaware Railroad, thence by said main line of the Delaware Railroad to where it is crossed by the State road, thence southerly along State road to the bound- ary line between Red Lion Hundred and New Castle Hundred, shall be known as the Fourth Election District of the Tenth Representative District. Approved March 23, A. D. 1901. 171 CHAPTER 4, VOLUAIE 22. AN ACT to chsnge the voting place in the Second Election District of the Eleventh Representative District in New Castle County. Be it enacted by the Senate and Honse of Representatives of the State of Delaware in General Assembly met : Section i. That all persons entitled to vote at all general Place of holding and special elections in the Second Election District of the Ekcti'on dis" Eleventh Representative District in New Castle County, shall rej^g'^f^tive ^^- vote at School House in School District No S7 in said District, "ict, New cas- '^' tie County. Section 2. That all Acts or parts of Act inconsistent herewith be and the same are hereby repealed. Approved March 9, A. D. 1901. CHAPTER 54, VOLUME 23. AN ACT to establish the voting place of the Third Election District of the Tenth Representative District, in New Castle Hundred, New Castle County, Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : Section i. That from and after the passage of this Act the voting place for all elections to be held in the western election fotfp^''p'fa"f district of New Castle Hundred, known as the Third" Election foj^JirdEUo- District of the Tenth Representative District of New Castle Tenth Repre- County, Delaware, shall be at the Store situate on the north- '^ri^t^NevJcas- west corner of Ninth Street and Washington Avenue of the 11= County, municipality of New Castle. Section 2. This Act shall be deemed and taken to be a public Act. Approved March 16, A. D. 1905. 172 CHAPTER 158, VOLUME 21. AN ACT to divide Kenton Hundred and Representat ve District Num- ber Three of Kent County into two Election Districts. Be it enacted by the Senate and Hoicse of Representatives of the State of Delaware i7i Ge7ieral Asse?ubly met. Representative Scctioii I. That for the purposc of holding elections for divided int°o two Hundred, District, County and State offices in Kenton Hund- m'cts'°°^'^' ^^^ ^"^^ Representative District number three of Kent County the said Hundred and Representative District is hereby divided Dividing line, into two Elcction Districts, viz : By a line beginning at a point on the line between the State of Maryland and the State of Del- aware where the said State line is intersected by the centre line of the road leading from Millington to Clayton ; thence along the centre line of said road in an easterly direction to the cen- tre line of the road leading to the Middle Alley road and the Kenton road ; thence along the centre line of the said road lead- ing to the Middle Alley road and the Kenton road, in a souther- !}• direction, to the centre line of the Kenton road, thence along the centre line of said Kenton road, in an easterly direction, to the "Whitehouse ;" thence, in a southerly direction along the centre line of the road leading from the "Whitehouse" to the road leading from Springs Mills to Brenford, and thence in an easterly direction along the centre line of said road, leading from Spring's Mills to Brenford, to the centre line of the Dela- ware railroad at Brenford. All that part of Kenton Hundred and Representative District number three of Kent County lying Second Election uorth and cast of Said dividing line shall be the first Election District of Representative District Number three of Kent County ; and all that portion of said hundred and representative district lying south and west of said dividing line shall be the Second Election District of Representative District Number three of Kent County. Approved March 9, A. D. 1899. First Election District. District. 173 CHAPTER 6, VOLUME 22. AN ACT designating the voting plate in the First Election District of Representative District Number Three of Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly viet. Section i. That after this Act becomes a law, every sren- p, ^„ , . ... „ •11 • 111' X-*- T-*i -T^'' p "'^ce of holding era! and special election held m the First Election District of elections in Representative District Number Three of Kent County, shall be trict'No. i of held at the times and in the manner fixed bv law in the buildinsf Rfpresentative 11 ^^M TT if'i • 1 r District No. 3. now occupied and used by ihomas iiolhday, m the town of Clayton, as and for a wheelwright shop. Approved February i8, A. D. 190 1. CHAPTERS, VOLUME 22. AN ACT designating the voting place in the Second Election District of Representative District Number Three of Kent County. Be it enacted by the Senate and Honse of Represe?itatives of the State of Delaware in General Assembly met. Section i. That after this Act becomes a law, every Gen- eral and Special Election held in the Second Election District P^^^ 8 Selections of Judges 54 Duties of, during election 57-58, &c Reading and counting votes 59-6o Certificates of result 60 Delivery of certificates and ballot boxes, &c 60-61 Powers of 124 Penalty for neglect of duty 124-125 Receiving unlawful votes, penalty 125 Oath of 83-93 To be in separate room 56 Bribing of 133 ELECTION OF PRESIDENT AND VICE PRESIDENT— How chosen 139 Election, when held 139 Proclamation 140 Certificates 64-139 Failure to elect. Legislature convened 140 Meeting of, voting, &c 140 Contested elections of electors of President and A^ice President 151 EXEMPTION— From jury or military, duty 9 Serving as Registration officer 9 G €OVERNOR— Appointment of registration offi-cers 7-8 Preparation and delivery of registration books. .9-10-1 1-31 Delivery of books to Sherifif ii Proclamation of, of number of electors to be elected for President and Vice President 139 Examination of returns of election of, Attorney Gen- eral, &c 70 Certificate of election of filing 70 Proclamation of. State of vote 70 Convening of General Assembly 137 Returns of election of Representative in Congress. . . . 142 Writs of election 137-142 Certificates of, election of 64 To appoint Voter's x^ssistants 90 I INSPECTOR— Appointment of, for 1898 136 Election of, thereafter 136 I 9 Certificate of, election of dj Compensation 82 Oath of :••••.•••. 53 To provide room in his hundred or election district for holding election 71 To receive ballots for his election district 7^-77 Duty of, at opening of polls 7^-^2> To deposit what ballots 79 Disputed ballots to be preserved 81 Delivery of oaths, certificates, &:c., to Clerk of the Peace 69 In absence of. Registrar to act 54 Notice of election by, how given 54 Proclamation at opening and closing of polls 57-59 Notice of special election 137 Delivery of certificates, ballot boxes, &c 60 INSTRUCTION CARDS— \\'\\o to provide, posting. &c 78 INSURANCE COMMISSIONER— Certificate of election of 65-70 INTIMIDATION— Persons using, at registration 28 At elections by persons or corporations 153 Liability . . . .' 153 INTONICATING LIQUORS— Stalls for sale of, unlawful 127 Selling prohibited, penalty 128 Selling or giving away, unlawful on day of election within one mile of voting place, penalty 128 In registration place, unlawful 27 J JUDGE OF ELECTION— (See Election Officers.) How selected 54-55-87 Oath of Office 55 To choose Clerks of Election 55 Duty of, in making entries on list 57 Inspectors to be 53 Absence of 53-54 Refusal to serve 55 JUSTICES OF THE PEACE— To attend elections, duty of 124 lO L LEVY COURT— To ascertain compensation of Registration Officers, . 27 LEVY COURT COMMISSIONERS— Election of 156-158-159 Term of 156-158-159 A'acancies, how supplied 156-158-159 (Of New Castle County), boundaries and divisions, election of 155 (Of Kent County), elected from Representative Dis- tricts, &c 158 Certificate of election of (of New Castle County) 66 Certificate of election of (of Kent County) 66 Certificate of election of (of Sussex County) 66 (Of Sussex County), Districts and elections of 159-164 LIEUTENANT GOVERNOR— Certificate of election of 64 M AIILITARY INTERFERENCE— At elections 130 Right to withdraw and go to other places to hold elec- tion 130 Oath of voter 130 Polls, where held 131 Board of Canvass I3I-I32' MILITIA— Unlawful for officers to call out the, on election day, penalty 128 MILITARY AND NAVAL ORGANIZATION— Registration of persons engaged in 31 Right to vote, &c 93 N NOMINATIONS— To be certified to the Clerk of the Peace 72 Form and contents of certificate 73 Certificates to be preserved 74 Time of filing certificate of 74 Publication of, arrangement, form 74-75 What shall be excluded from publication 74 II New, in case of death, removal or resignation 75 Delivery of list at encampments 96 O OATHS— In case of challenge for bribery 16-59 Books of, delivery 59 OATH OF OFFICE— Of election officers 53-55-56-80-95 Violation of, by election officers 80 Of registration officers 8-9 OBJECTION TO VOTES— ReasOjis for 58 OBSTRUCTION AND INTERFERENCE— Of voter by person or military power 129 Civil action for damages 129 Disclosures, duty to make 129 Limitation of action 129 P PASTERS— When may be used 75 PARTY, POLITICAL— What shall constitute a 72 Words defined 87 PENAL OFFENSES— Election officer or other person breaking package con- taining ballots, &c., before opening of election, fine. 76 Voters taking stamps from election room, arrest, fine and imprisonment 80-84 Removal or attempt to remove from election room, or having ballots or stamps in possession, penalty. . . .80-84 Molation 01 oaths of office by election officers 80 Refusal or neglect of Clerk of the Peace to perform duties imder the law, penalty 81 Election officers or voters' assistants revealing certain facts, penalty 82 Destruction of certificates of nomination, penalty 82 Entering or attempting to enter room or railing, con- trary to law, penalty 83-88- Distinguishing marks on ballots, penalty 85 12 Inducing election officers to violate provisions of the law _^ 83 Tearing down or destroying conveniences at polling place, penalty 83 J^efusal to qualify or failure to perform the duties of the office of Registration officer, penalty 9 Registration officers making fraudulent entries or fail- ing to perform duties, penalty 28 Taking intoxicating liquors to place of Registration unlawful, penalty 27 Assault, riot, breach of peace 29 Loss or destruction of Registration Books, penalty. . . 29 Feigning physical defects at voting, penalty 86 Elector assisting voter, disclosing nature of vote, pen- alty 89 Entering election room without consent, penalty 56 Interference with elections 59 Disqualified voters causing or attempting to cause themselves to'be registered, penalty 28 Intimidation, threats, &c., penalty 28 ]\Iutilation, destruction or pulling down of alphabetical lists, penalty 29 Officer of election giving information as to how per- sons vote, penalty 89 Secreting self in election room, penalty 89 \'iolation of law in voting of military or naval organi- zations 96 Ivleglect of duty at elections by Justice of the Peace, Collectors and Constables, penalty 124 Xeglect of duty of election officers, penalty 124 I^eceiving unlawful votes, fine, penalty 125 Destruction of certificates of election by officers, pen- alty 125 Illegal voting, penalty, fine 125 Ijribery, penalty 126 Accepting bribe misdemeanor, penalty 126 Eetting, penalty 126 Breaches of the peace 127 Sale of liquor, penalty 127-128 Calling out of militia, penalty, fine 128 Refusal of Judges to serve, penalty 55 Intimidation at elections by persons or corporations, penalty 153 PENCIL— Clerk of the Peace to provide, for marking ballots. . . 84 Penalty for removing 84 To return, after marking ballot 84 13 FERJURY— Election officers receiving unlawful votes guilty of . . . 125. POLL LIST— For voters in military or naval organizations 94 POLLING PLACE— Place of 36-93-123 Notice of change of 49 Change of, in case of military intereference. ., 130 PRESIDENT AND VICE PRESIDENT— Election of electors for 139 PRESIDING OFFICER OF ELECTION— (See Election Officers). PRIMARY ELECTIONS— Act regulating, in New Castle County 97 to 117 - Amendment of 118 to 122- PRINTER OF BALLOTS— Duty of 75-76 PROCLAMATION— Of state of vote in State 70-137 PROTHONOTARY— Certificate of Election of 65 (Kent County) delivery of certificate of result of elec- tion - 65-69 Duty of, in case of contested elections, other than the members of Legislature 148 Duty of, in contested election of Electors of President and Vice President 152^ R RECEIVER OF TAXES AND COUNTY TREASURER (New Castle County) — Election of 1 54 Certificate of election of 66 RECORDER— Certificate of election of 66 REGISTER IN CHANCERY— Certificate of election of 66 14 REGISTER OF WILLS— Certificate of election of .•_... 66 REGISTERS— (See Books of Registration.) REGISTRARS— (See Registration Officers.) To make entries on books ii-34 To give notice of the place and days of sitting for reg- istration 12 To collect registration fees 13 To administer bribery oath 16 Giving certificate 16 Notice to, of appeal 19-23 Bond of 20 Payment of registration fees 21 To make certificates of registration 16 Notice to, of application for corrections 23 To retain possession of books 24 To attend hearing of appeals 25 To deliver books to Inspector 25 To keep other books safely and deliver to Clerk of the Peace 25-26 To have powers of Justice of the Peace 26 Compensation 26 Opening Hsts, returned by auxiliary registrar 32 Registration of names on list, challenges 32 Keeping books 33 Account of registration fees 33 To act as Inspector, when 54 REGISTRATION CERTIFICATES— Governor to furnish books of Ii REGISTRATION FEE— Collection of 13-21-33 Account of 21-33 REGISTRATIO'N OFFICERS— Appointment, qualifications and term 7-8 Politics 7 Oath of office 8-9 Vacancies 8-9 Must act 9 Refusal to qualify and act 9 Delivery of Registration books to 11 Entries on books 11 k 15 Times, place and purpose of sitting 12-13 Notice 12 Who to admit in room 12 Meeting- of 13 Registering of voters 13 Entries in books 13-14-15 Postponement of registration ic .Signing books 1 1; Making entries in books of "Registered Voters" 16 To print and post alphabetical list 17 Review of registration, notice, hearing, &c 17-18 Entries, certificate, &c, in case of removal 17 ■Quorum and acts 18 To compare books 18 ■Corrections in books 19 To append certificates to books 19 Compensation 26-27 Making fraudulent entries, &c 28 Losing books, &c 29 Making registration for special election 29 Auxiliary registration of voters, appointment, duties, ^ -^c ••••••: 31-33 To keep separate lists of names returned by auxiliary registrar 96 31EGISTRATION OF VOTERS— Duties of Registrars and Assistant Registrars 12 Sittings for registration 12 Notice of place of sitting 12 Quorum 18 Persons admitted in room 13 Meetings of officers 13 Collection of registration fee 13 Entries of Register 13-14-15 Qualifications for registration 14 Disqualifications 14 Challenger, appeal, &c 15 Postponement of registration 15 Signing each day's registration 15 Challenge for bribery 15 Oath, form of 16 Oath conclusive 16 False oath, perjury 16 Refusal to take oath 16 Entries in book of "Registered Voters" 16 Certificate of registration 16 Printing and posting of alphabetical list 17 Review of decision of registration on afifidavit 17 i6 Hearing, notice, entries 17 Removal from district after registration 18- Application, certificate, entries, &c 18- Notice, what sufficient 18 Comparison of books 18 Entries of omitted names 19 Correction of books 19 Certificate appended to books 19 Appeal to Judge ig Notice, hearing, decision, &c 19-22-23-24 Corrections, notice to registrar, service 23 When application to be heard 24-26 Persons engaged in army or navy 31-33 Application 31 Lists of applicants, how kept 32 Return of lists to Registrars 32 Opening lists and registering 32 Challenges 32 Disqualified voters causing or attempting to cause themselves to be registered ; intimidation, threats, &c. ; assaults, riots, &c. ; penalty 28-29 Destruction, mutilation, erasion or alteration of regis- ters or voting books, penalty 29 Mutilation, destruction or pulling down of alphabetical list of qualified voters, penalty 29 Special elections 29 Duty of Clerks of the Peace 30 Delivery of books, &c 30 REPRESENTATIVE IN GENERAL ASSEAIBLY— Certificate of result in election of 65 REPRESENTATIVE IN CONGRESS— Election of 142-143 Certificate of result of election of 64 RESIDENCE— Necessary for Registration 14 Rules as 'to 123 ROAD COMMISSIONERS (NEW CASTLE COUNTY—) Election of 166-167 Certificates 68 Election of, in New Castle Hundred 168 S SENATORS. STATE— Certificates of result of election of . 64 17 SHERIFF— Certificate of election of . . . 67 Ballot boxes, tally lists, &c., to make and deliver. . . .49-82 Delivery of registration books 1 1 Delivery of ballot boxes, time of 49-82 To have printed and deliver to election officers oaths for bribery 59 Preserving ballot boxes, ballots. &c 63-70 Notice of writ of election 137-143 Proclamation of special election to fill vacancies in office of Representative in Congress 143 Fees of, for serving process under registration act. ... 26 SPECIAL ELECTIONS— Additional registration for 29 To fill vacancies in General x'Xssembly 1 37-139 To fill vacancy in office of Representative in Congress. 142 Special officers 87 STAMP— Clerk of the Peace to provide, for marking ballots. . .76-85 Deliver of to voter 76-85 Return to Clerk 76-85 Not to be taken from room 76-85 Act providing stamps for marking ballots abolished. .84-85 STATE TREASURER— Certificate of election of 65-70 To pay compensation of registration officers 27 SUPERIOR COURT— Delivery of certificates and ballot boxes to . 60 Canvass of return 92 Of whom court to consi-st 61 Powers of court 61 Delivery of ballot boxes, to Sheriff 63 To make certificates of result of election, sealing, &c 61-62-63 To whom to deliver certificates 68 T TALLY LISTS— Form of. &c 49" 5° Signing 60 V VACANCIES— In office of Registration officer 8-9 i8 Governor to fill 8-9 A^OTES— Penalty for receiving unlawful 125 Counting 59 VOTERS— Qualifications of I3"57"58 Assistance,, when 86-90 Persons, engaged in military, &c 93 VOTERS' ASSISTANTS— Office of, abolished 86 Office of, restored 90 Appointment of 90 VOTING— Place 36, &c., 123 Mode of 57-79-80-84 Time allowed for 80 Of persons engaged in military and naval organiza- tions 93 Illegal, penalty 125 Changes in. places. . 168-169-170-171-172-173-174-175-176- J 177-178. I i W \ WRIT OF ELECTION— To fill vacancies in General Assembly 137 Notice 137 To fill vacancy in office of Representative in Congress 142 WILMINGTON— Time to open election in 190 19 INDEX TO Laws Relating to Wilmington Hundred. A ASSESSORS— Districts in Wilmington Hundred i88 Election of, when held i88 Qualifications of 189 Qualifications of voters 189 Ascertainment of, result of election of 189 Certificate 189 Tie vote, &c 189 D DEPARTMENT OF ELECTIONS— Appointment of 179-186 Present members continued 179 Qualifications of members 179 Members not to hold other offices 179 Vacancies in 179 Political complexion 180 Oath of 180 Organization 180 Compensation, how paid 180- 184-186 Duties of 72-180, &c., 185-187 Office of, rent, &c 184 To receive ballots yy To select voting places 185 Appointment of election officers, &c 185 Increase in membership of 186 Term of 186 Powers of new members 186 Duties and compensation of 186 Neglect of duty, or corrupt or fraudulent practices . . . 184 Powers and privileges 186 20 > E i ELECTION DISTRICTS— Division of Wilmington into t8o Limits of, voters in, &c i8o Titles of i8o 1 G GOVERNOR— To Appoint Department of Elections 179-186 To fill vacancies in 179-186 O OATH— , Of members of Department of Elections 180 Of registration offtcers 182 REGISTRATION OFFICERS— j Appointment of, certificate 181 Recommendation of names 181 Dismissals and removals 180- 181 Qualifications, politics, &c 181 1 Time and method of c.ppointment 181 '. Terms of office 181-190 Alternate registrar, when to act 182 Filing vacancies in 182 Oath and qualification of 182-183 Vacancies, how filled 183 When ineligible to office 183 Exemptions from certain duties : . 184 Exemptions from appointment as 184 m 4 257167