GIFT OF REGISTRATION AND ELECTION LAWS OF THE STATE OF DELAWARE Incorporating Recent Amendments Thereto. PUBLISHED BY AUTHORITY OF A HOUSE JOINT RESOLUTION BY THOMAS W. MILLER, SECRETARY OF STATE. GIFT *v X REGISTRATION AND ELECTION LAWS OF THE STATE OF DELAWARE Incorporating Recent Amendments Thereto. PUBLISHED BY AUTHORITY OF A HOUSE JOINT RESOLUTION BY THOMAS W. MILLER, SECRETARY OF STATE. REGISTRATION AND ELECTION LAWS OF THE STATE OF DELAWARE Incorporating Recent Amendments Thereto. PUBLISHED BY AUTHORITY OF A HOUSE JOINT RESOLUTION BY THOMAS W. MILLER, SECRETARY OF STATE. 1913 PRESS OF MERCANTILE PRINTING COMPANY Wilmington, Delaware CHAPTER 313, VOLUME 27. House 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 is hereby authorized to have printed in pamphlet form with an index thereto, two thou- sand 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 7, A. D., 1913. PREFACE In compliance with House Joint Resolution authorizing the publication of two thousand copies of the Election and Regis- tration Laws, I have included the recent amendments thereto, since the publication of the first compilation thereof, together with 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 appli- cable to the City of Wilmington or the State outside of said City. The especial' attention of the Registrars and Election officers generally is called to the amendments made in the books styled "Registers" as to "color" and "age," found in Chapter 64, Volume 22, and to "Registration Fee," found in Chapter 66, Volume 24; 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, Volume 22; to an Act relating to appeals from decisions of Registrars published as Chapter 56, Volume 23; to an act changing time for opening polls in City of Wilmington, published as Chapter 57, Volume 23, and to an Act changing time for registering of voters, published as Chapter 46, Volume 26; to "An act to further provide for the secrecy and purity of the ballot", published as Chapter 65, Vol- ume 27; to an act extending the provisions of the New Castle County Primary Law to Kent and Sussex Counties. THOMAS W. MILLER, Secretarv of State. CHAPTER 35, VOLUME 21. AN 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 Slate of Delaware in General Assembly met: Section 1. The Governor shall, sometime in the month of Governor to ap _ June in each year in which a general election is held, appoint in point Registra- each election district in this State, outside of the City of Wil- tlc mington, three capable persons, who shall be voters and resi- Xt [ mber dent in the Election District for which they shall be appointed, who shall be registration officers of the Election District for ua which they are appointed; one of whom shall be designated as "Registrar", and the other two "Assistant Registrars", and not Designation more than two of them shall be of the same political faith; pro- vided, that the number of registration officers in each Represen- Politics tative District, shall be divided as equally as possible between the two leading political parties, as the same shall be determined upon by the Governor at the time of making the appointments. b e p t^it^o ent For each appointment accredited to any political party under leading parties this section the County Executive Committee of such political party shall furnish the Governor on or before the first day June of the year in which said appointment is to be made a list Time of fur- of three names of properly qualified persons, from which lists nishing names the Governor shall make his appointments. Provided, however, that if the said lists of names are not furnished as aforesaid, then and in that event the Governor shall appoint some suitable ^SnS fur " person or persons of such political party having all the qualifi- cations provided by this section Provided, however, that in the case of the Registration offi- cers to be appointed in this present year eighteen hundred Mid ninety-eight, the appointment of the said Registration officers shall be made sometime between Saturday, the elevnth day of June, and Saturday, the twenty-fifth day of June in said year ; JjJJtmerft ap and provided, further, that the lists of names to be furnished by the County Executive Committees from which the appointments of such Registration officers shall be made, with regard to those Time of fur to be appointed in the year aforesaid shall be furnished not later nishing names than Satiirday, the llth day of June in the year aforesaid. The terms of office of such Registration officers shall begin on the first Tuesday in July next after their appointment, and shall 8 continue for two years thereafter, and until their successors shall be duly chosen and qualified. L It shall be the duty of the Governor, when appointing Registrars Registration officers for the several election districts of this State, at the same time to appoint in each election district in the State outside of the City of Wilmington, one capable person, who shall be a voter and resident in the election district for which he shall be appointed, to be "Alternate Registrar" for the said Term of office election district. The term of office of said ''Alternate Registrar" when Alternate sna U be the same as that of the Registrar, and whenever the Registrar acts Registrar provided for by this Act shall be incapable from any cause whatsoever of performing the duties required of him by the laws of this State, the "Alternate Registrar" in the same election district shall act in his stead, and while acting shall Powers and du- possess all the powers and do and perform all the duties of a Registrar. H. But nothing herein contained shall authorize or empower the Alternate Registrar to act at any time when there is a Reg- istrar of the election district able and willing and present to act. If any Registration officer or Alternate Registrar shall remove vacancies in from the election district for which he shall be appointed, or ?station f officere shall cease to be a voter therein, his office thereupon become vacant. III. If any vacancy or vacancies should occur in the office vacancies to/ 11 ^ Registrar, Assistant Registrar, or Alternate Registrar before residue of term the expiration of such term, from any cause whatsoever, the Governor shall appoint some suitable person or persons to fill such vacancy or vacancies, who shall serve for the residue of such unexpired term or terms, who shall possess the same quali- QuaKfications fications and be qualified in the same manner, possess the same powers and perform the same duties as the original appointee or appointees. Each Registrar, Assistant Registrar and Alter- nate Registrar appointed for an election district outside the City of Wilmington, before entering upon the duties of his office, shall take and subscribe before the Clerk of the Peace of the County in which he shall reside, *each Registrar, Assistant Registrar and Alternate Registrar appointed for an election district in the City of Wilmington before entering upon the duties of his office, shall take and subscribe before the Department of Elections for the City of Wilmington, the following oath or Oath affirmation which the said Clerk of the Peace is hereby author- ized to administer : Form of oath "I, ................ , residing in .............. Election. . * Amended. See Chapter 43, Volume 26. District of ........... , Representative District in ............ County, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of Registrar (or Assistant Registrar or Alternate Registrar) for .......... Election District in ......... Represen- tative District in ................ County, faithfully, honestly, fairly, impartially, and according to the best of my ability; that I am a citizen of the United States, and of the State of Dela- ware, and am not a candidate for any office to be voted for by the electors of the election district for which I am appointed Registrar (Assistant Registrar or Alternate Registrar), and that I am a qualified voter in said election district." IV. Should the said Registrar (Assistant Registrar or either of them or Alternate Registrar) after taking said oath and bef ore Becoming Can ., . fe - J / r i /v' i -i- didate for office entenng upon the active duties of said office become a candi-to create a date for any office to be voted for by the electors of the election vacancy district for which he is appointed Registrar Assistant Registrar or Alternate Registrar, the said office shall ipso facto become FilUng vacant and be filled by the appointment of another person to Vacancies the same. After any Registrar, Assistant Registrar or Alternate Registrar shall have entered upon the active duties of his office he shall thereby become ineligible to any office to be voted for at 9 e . r be the next ensuing general election. Section 2. Each and every person appointed as aforesaid to act as Registrar, Assistant Registrar or Alternate Registrar SSi 1 c shall qualify as such Registrar, Assistant Registrar or Alternate Registrar by taking or subscribing the oath or affirmation pre- scribed in the preceding section, within ten days after being noti- fied 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 Registrar, Assis-Time tant Registrar or Alternate Registrar who shall be appointed to Must Act fill a vacancy shall qualify forthwith. If any Registrar, Assistant Registrar or Alternate Registrar Refusal t - qual . who, being appointed either for a full term or to fill a vacancy, tfy and act 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 con- viction thereof by indictment in the Court of Generah 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 military and jury duty, and no person who by the laws of this State is 10 Registration officers exem Pt f rom J ur y duty shall be required to serve as Registration officer. Prej bool Section 3. It shall be the duty of the Governor to cause the following books to be prepared, at the expense of the State, 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: Registers Entries I. Two books for the Registration officers in each election district, including those in the City of Wilmington, to be known by the general name of "Registers", and to be so arranged as to admit of the convenient entry of the following particulars: First. 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. ***Fourth. 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. Ninth. 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. II. Such Registers shall be uniform in their general char- acter, shall be ruled in parallel columns, and shall be of such size style of books as to contain not less than fifteen hundred names. III. The ruling and the heading in the above described Registers shall be substantially in the form following, to wit : Ruling and headings Name . ****Registration Fee * Amended. See Chapter 66, Volume 24. ** Amended. See Chapter 64, Volume 22. *** Amended. See Chapter 64, Volume 22. **** Amended. See Chapetr 66, Volume 24, 11 ____ *Color ..................................... ..... **Age ....... .............................. ................ Nativity .................... ................ Residence .................. ................ ____ State ................... f - . . Election District . . .* J e cf ............. County ................. | Residence. ............. Naturalized ............ .... ................ ................ Registered -Voter ........ .... ................ ............ Disqualified ............ .... ................ ....... Date of application ..... .................... ............ If challenged ........... .... ................ ............... Cause of challenge ...... .................... .............. Appeal ....................... ............ ................ Remarks ................................... Second. Two books for the Registration officers of each Bo oks of election district, 'to be known by the name of "Books of Regis- tered Voters." Lists of all persons whose names may be entered on the aforesaid as "registered voters". Said books to be ruled in parallel columns and so arranged as to admit of the convenient entry in alphabetical order of the name of every person who may be entered on the registers aforesaid as a "Registered Voter," Rulmgs and in the parallel column opposite the name of such person the following particulars, to wit : First. His residence. *Second His color. **Third. His age, if he 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 printed Registration in manner and form as hereinafter provided Certificates **Section 4. The Sheriff of each County shall sometime previous to the first Saturday in the month of July, in the year sheriff to de of holding the General Election, deliver to the Registrar of eachHver 1 Re^istra- election district of his County, two of the books known as " Reg- SSus 80 ?^ 8 first isters", two of the books knowrras "Books of Registered Voters", ^ and a book of Registration Certificates hereinbefore provided * Amended. See Chapter 64, Volume 22. ** Amended. See Chapter 64, Volume 22. *** Amended. See Chapter 47, Volume 26. ****Amended. See Chapter 44 and 47, Volume 26. n 12 iver books d in or ' provided however, that the Sheriff of New Castle County the city of shall not deliver said books for the several election districts in the City of Wilmington to the Registrars of each election dis- deUve?t? sl th l e trict * n sa ^ City, Dut the Governor shall, previous to the first Department o JSaturday in July of every General Election, deliver to the Depart- 18 * ment of Elections for the City of Wilmington two of the books known as "Registers", two of the books known as "Books of Department of Registered Voters", and a book of Registration Certificates here- on^week^-inbefore provided for; and provided further, however, that the da r y r SiRe a r ti to' Department of Elections for the City of Wilmington, shall, within the "several one week before the first day of registration of voters in the year of every General Election deliver to the Registrar of each Election district in the City of Wilmington two of the books known as "Registers", two of the books know r n as "Books of Governor shall Registered Voters" and a book of Registration Certificates here- tJfbe de- i noe f ore provided for ; all of which said books addressed to the Registrar of each election district of the County, the Governor pn^f 06 ' shall cause to be delivered to the Sheriff in each of the Counties Elections before O f ^{ s State and to the Department of Elections for the City of the nrst lues- . ,-i , / , 1 r rr\ -i ' 4 1 day in July Wilmington, respectively, on or before the first Tuesday in July in the year of holding the General Election. Endorsement on books by Registrars Section 5. Each of the said Registrars immediately upon receiving said "Registrars", "Books of Registered Voters" and 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 Reg- istered Voters" and book of "Registration Certificates" as afore- said. Section 6. All acts and parts of Acts supplied by or incon- sistent with this Act are hereby repealed. Approved May 20, A. D. 1 898. 13 CHAPTER 36, VOLUME 21. AN ACT Providing for a Uniform System of Registration of all Qualified Voters in this State. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for the purpose of preventing fraud at att elections held on the Tuesday next after the first Monday in the of voters month of November, as provided by Section 1 of Article 5 of the Purpose Amended Constitution, and facilitating the ascertainment 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 resident in each election district of this State. Section 2. It shall be the duty of the Registrar and two Duty of Regis- Assistant Registrars appointed in each election district in this tration officers 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 registering the persons who are qualified to enjoy the right of an elector at the general election then next following, at such public and suitable Places places in their respective election districts as will, in their judg- ment, be most convenient for the voters thereof, from 8 o'clock A. M. until 7 o'clock P. M., with an intermission from 12 to 1 Hours o'clock, on the third Saturday in July and the first and second Dav Saturdays in August, and on the third Saturday in September, and on the third Saturday next preceding the day of election, provided, however, that in the City of Wilmington, the Depart- Department of ment of Election for the City of Wilmington, shall at least ten ? public days prior to the first day set for the purpose of Registration as notice aforesaid, give the public notice by advertisements, posted in ten or more of the most public places in each election district, in the City of Wilmington, of the places where the registration officers shall sit for Registration of voters as aforesaid, and the day or days when they will sit at each of said places. Each of said Registrars, at least ten days prior to the first Notices of sitting for the purpose of registration as aforesaid, shall give places of sitting public notice, by advertisement, posted in ten or more of the most public places in his election district, of the places where 14 the Registration officers 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 in room room in which 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 reg- Limitation of istered, and such witness or v witnesses as the person who chal- lenges the right of any applicant to be registered as he may name provided, however, that in no case shall there be more than one witness in the room at the same time, and provided further other persons that no other person or persons shall be admitted into the room .-,,-,*- A4*.4"ft>A^ -- ..- - - ' f during the registration of voters, and they may eject from the room any of such persons behaving in a disorderly manner. witnesses in room not admitted Ejecting persons Registration officers to meet Section 4. The Registrar and the Assistant Registrars in each election district in this State shall at the times in this Act 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. Collection of Registration fee *First. Upon the personal application of any one to be registered, it shall be the duty of the Registrar to demand and 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". Recording name of applicant Second. They shall record in the registers in the column head "name" the name of every male person who shall per- sonally 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 initials 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 consecutively in the order of their application, the number being entered on the Registers in figures immediately before each name. Third. They shall examine all persons, who personally apply, as to their qualifications as electors, and shall immediately * Amended. See Chapter 66, Volume 24. 15 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 "paid" or "unpaid", as the case may be. *II. In the column headed "color", they shall enter his Color color. **III. In the column headed "age", the age of the appli-A ge cant IV. In the column headed "nativity", they shall enter thex ativity State, territory or country in which the applicant states he was born. V. Under the column "residence" the name and number Residence 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 resi- Term of dence" how long he has resided in the State, how long in the residence County and how long in the election district in which he applies to be registered. VII. In the column headed "naturalized" the words "yes" Naturalization or "no" or "native" as the facts shall appear. VIII. In the column headed "registered voter", if the Registered registration officers shall be satisfied, upon examination or other- voter 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 satis- Disqualified fied upon examination or otherwise, that the applicant for reg- istration 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 recorded, ** Amended. See Chapter 66, Volume 24. * Amended. See Chapter 64. Volume 22. ** Amended. See Chapter 64, Volume 22, 16 Qualifications voters acquire residence Disqualifica- tions and a line shall be drawn across his name as first entered, but in such manner that said name shall remain legible. Provided, that every applicant for registration shall, upon payment 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 succeeding his registra- tion, and will have resided in this State one year next before such election, and for the last three months thereof will have been a not resident of the county, and for the last thirty days a resident of the election district in which he may offer to vote and in which he shall have been duly registered; provided that no person in the military, navy, or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane per- son, pauper, or person convicted of a crime deemed by law a fel- ony or, person who shall have been rendered incapable of voting by reason of violating Section 7 of Article 5 of the Constitution of this State for ten years next following his conviction and sen- tence thereunder, shall be held or considered a qualified voter. X. In the column headed "Date of Application", they shall enter the day of the month and year on which application for registration is made. Challenges or XI. no" In the column headed "if challenged" the words "yes" Cause of Challenge XII. In the column headed "cause of challenge", they shall enter the objections and by whom made. Appeal XIII. In the column headed "yes" or "no". Appeal" they shall answer Remarks XIV. In the column headed "remarks" they may enter such facts or statements as they may deem pertinent to the qualification or disqualification of the applicant as an elector. Postponement Fourth. In making the entries hereinbefore specified the of appfican a ts 1( in Registration officers shall in every case, make such entries in case of doubt the columns above specified opposite the name of the applicant to whom such entries are intended to apply, if the Registration officers shall be in doubt, after the primary examination of the * Amended. See Chapter 66, Volume 24, 17 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 deter- mination 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 even- election district in this State, upon the close of ^gSration 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 Not to interfere said entries shall in no way interfere with the numbering of names of the persons as the same shall be entered upon said reg- isters, 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 to in case of chai- be registered, he shall be challenged for having received or accepted, {*? e | r , O a" h " or for having offered to receive or accept or for having paid, * te jj^ admin- transferred or delivered, or for having offered or promised to 1S 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, inducement or reward for the registering or abstaining from registering of any one qualified to register, it shall be the duty of the Registrar to administer to the person so challenged an oath or affirmation as follows, viz. : "You do solemnly swear upon the Holy Evangels of Al- Form of oath 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 offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register at the registration for this present year, so help you God" (or "so you do solemnly, sincerely and truly declare and affirm"). Such oaths or affirmations shall be conclusive evidence tooath to t>t the Registration officers of the truth of such oath or affirm but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and on conviction piSry 18 thereof shall bar any prosecution under Section 8 of Article 5 ^ tne Amended Constitution. If any person so challenged 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", and the column headed "Disqualified" to insert the words "disqualified for quaHfication dls " 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. Entries in Section 6. When the Registration officers of any election t^red 5 vo f ters gl fn district in this State, at any of the sittings hereinbefore provided app s ii?ant f for ' sna11 enter m tne Registers the name of any applicant for registration as a registered voter, they shall immediately there- after enter, in. the presence of such applicant, if he remains 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 twenty-two on the day of the next following general election. ai r phabe g tic ai III. The said Registration officers shall within one week voters gis ~ a ^er the third sitting as aforesaid cause to be printed not less than fifty copies of the alphabetical lists of registered voters as 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 Posting of lists lists to be posted in at least ten of the most public places in their election district, and shall use the remaining copies in such a manner as in their judgment will be most likely to secure pub- shaii have licity and general inspection; "provided, however, that in the f Cit y of Wilmington, the Department of Elections for the City of Wilmington shall within one week after the third sitting of the registration officers as aforesaid, cause to be printed not less than twnety-five copies of the alphabetic lists of registered voters of each election district in the City of Wilmington as contained in "Book of Registered Voters," together with the entries oppo- site 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 be pub- in at least ten of the most public places in the election district, iy posted an( j shall use the remaining copies in such a manner as in their Amended. See Chrv ume 26. 19 judgment will be most likely to secure publicity and general inspection. Five copies of the alphabetical list of Registered voters f or ? each District shall immediately be delivered to the County Com- mittees of each of the two leading political parties, by the persons who caused the same to be printed. Section 7. Upon the affidavit of a legal voter in an election district, made before any person authorized by the laws of State to administer oaths and represented to the Registration officers of the election district, of which said affiant is a voter, that in his opinion any person (naming him) is illegally regis- tered in such election districts as a registered voter and setting forth the reasons therefor, it shall be the duty of the Registra- tion officers to examine into the matter of the registration such persons, and, if said Registration officers deem it a proper case for a hearing, notice shall be given to such person, either personally or in writing, in the manner hereinafter provided, to appear before the said Registration officers at their next sit- ting to show r cause why his name shall not be stricken from the "Books of the Registered Voters" of such election district. And Entries in case . - . P , . . * _ T _i_ j.' rt? 111 f decisions to if upon examination and inquiry the Registration omcers snail strike off name be satisfied, at the sitting at which such person 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 col- umn 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 disqualification shall be briefly stated in the column headed "Disqualified," and in the column headed "Remarks", opposite his said name shall be written the words, "adjudged disqualified on revision by the Registration officers," and the date when his disqualification 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. Section 8. If any person registered as a registered voter, Removal from in any election district in this State, shall, after he is so registered, District in remove from the district in which he is so registered to any other registered district in the county, he may apply in person to the registration officers of the election district in which he is registered and have Application to his name stricken from the "Registers" and from the " Books ofi of Registered Voters" in which his name shall appear, and may obtain from said registration officers a certified copy of the Certified copy entries in the register relating to him, together with a certifi- certificate cate that his name has been stricken from the register and books 20 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 removed upon produc- ing the aforesaid certificate and copy of entries in said registers and books of registered voters ; provided that by the next f ollow- JcSdin ce as to m g general election he will have acquired in the election district to which he has removed the residence required by the consti- tution. 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 r/ntnes m case ,, 1 1 11 if j-i t * i- ., of such appii- remarks shall enter removed from this election district into election district in this County," and shall prepare and deliver to him the certified copy of entries and the certificate aforesaid. ac l ts r of m registra- Section 9. At every sitting of said Registration officers two tion officers shall constitute a quorum and the acts of a majority shall be as valid as the acts of all of them. Written notice H- I n a ^ cases where written notice is required by this what sufficient 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. f Section 10. It shall be the duty of the Registration officers, Books 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 alphabetical lists of "Registered Voters" as contained in the "Books of Reg- istered Voters" aforesaid, with the said Registers, and to see that the name of every person entered upon the Reg sters as a Registered Voter is entered in its proper alphabetical place on each of the two lists of Registered Voters, together with the residence and color, and also the age if it be between the ages Entry of of twenty-one and twenty-two years on the day of the next gen- omitted names era j election, as entered on the Registers. And if any name in the Registers which ought to have been entered on said alphabeti- cal lists of Registered Voters shall have been omitted therefrom, it shall be the duty of said Registration officers to enter such name in its proper alphabetical place, on the proper alphabetical 21 lists, together with the proper entries as they appear on the said Registers. II. And it shall be the further duty in such comparison of ^ the alphabetical lists with the Registers to make such correc- tions on the alphabetical lists as will make the names and entries 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 after their Certificate to be last sitting, to append to each of said alphabetical lists of " regis- tered voters" contained in said "Books of Registered Voters" a certificate, verified by the oath or affirmation of said Registra- tion 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 same are entered in the "Books of Registered Voters" of such election district. III. And the said Registration officers shall, within the three days aforesaid, also append to the registers of their elec- f appended* to tion districts a certificate that each of said Registers is the official Registers Register of such election district, and, so far as with'n their knowledge, no false or improper entries have been made therein, which certificate shall be made and verified by at least two of said Registration officers. Section 1 1 . From the decision of the Registration officers Appeal to Resi- granting or refusing registration, or striking or refusing to strike judge or other a name or names from the Registration lists, any person inter- Judge ested, or any Registration officers may appeal to the Resident 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 order Decision final to prosecute said appeal it shall be the duty of the person taking the same to notify the "Registrar" of the election district from the decision of whose officers said appeal is taken stating in said Notice to notice the time when said appeal will be presented to the resi- Regist dent Associate Judge of his county or such Judge of the Supreme Court as may sit for the purpose of receiving and hearing such Time of hearing appeal which time shall be one of the days hereinafter named appeal for such resident Associate Judge or Judge of the Supreme Court to sit for the purpose of receiving and hearing appeals. *Sections 12, 13 and 14. ******* * Amended. See Chapter 45, Volume 25. 22 nt ie Regi S a tr b ar S s Section 15. It shall be the duty of the assistant registrars to make entries i n this Act provided f or 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 of d Re^s?rare ty ^ e re ^ strar m addition to the other duties required of him, to fill up, prepare and deliver all certificates of registration that may be required by registered voters, and to receive and file all affi- davits which my be filed. fudge! to hear Section 16. It shall be the duty of the resident Associate appeals 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 Levy 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 resident Associate Judge of his county, and posted on the door of the respective places aforesaid, stating where he will sit for the purpose of hearing appeals from the decision of the Registrars in the respec- Time of sitting tive election 'districts in this county on ^Thursday next follow- in August j n g fa e third Saturday of August, in the year in which registra- Hour tion is required by law to be made, at 10 o'clock in the morning of said day, on which day he shall receive appeals from such Hearing persons as shall have appealed from the decision of the Regis- appeais tration officers of the respective election districts 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 *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 dur- ing 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 again sit for the purpose of hearing appeals as aforesaid on the Tuesday next following the ieptember last day of registration as provided for in this Act, to receive appeals from such persons as shall have appealed from the deci- sion of the Registration officers of the respective election district * Amended. See Chapter 56, Volume 23. 23 in his county as aforesaid, made on the said last day of registra- tion, and any other appeal or appeals which for any cause he may ha,ve continued from a preceding sitting, and shall pro- ceed 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 remainder of the week, and shall sit again on the Tuesday next following, for the purpose afore- said, 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 hear- ing of any appeal or appeals then unheard from day to day dur- ing 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 taken from the decision of the Registration officers made at their sittings in August and Sep- tember, and which shall be presented to the resident Associate Oath Judge at his sitting on the Tuesday next after the last day of registration as aforesaid to hear appeals, shall not be received deiay nd and acted on unless the appellant shall make oath before the said resident Associate Judge that the delay in presenting his said 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. II. No appeal shall be received and acted upon by the Affidavit of resident Associate Judge unless the 'appellant shall, at the^time n 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- Notice to regis . trict in any manner incorrect to be corrected shall notify the tra * of appii- Registrar of the election district on whose books such name is coSections incorrectly entered of his intention to make application for the correction thereof, so that the said Registrar shall and may be 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 unless he shall be satisfied by the oath of the applicant or otherwise that notice of the intended application for correction shall have been given to or served upon the Registrar of the appellant's * Amended. See Chapter 56. Volume 23, 24 election district of his intention to make said application. All notice 8 f notices required to be given or served by the provisions of this section upon any Registrar shall be given or served person- ally 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 ^ eas ^ three days before the application shall be made, and no application for correction or for the hearing of an appeal shall near d upon any day which is set apart by this Act as a day day of for the registration of voters registration order of jud e ^' Upon tne decision of the respective resident Asso- for making" ge ciate Judges on each and every appeal, the resident Associate Judge making the decision shall order and direct the Registrar of the election district from the decision of whose Registration offi- cers the appeal shall have been taken, and who shall be present with his "Registers" and "Books of Registered Voters" as here- inafter provided, to make such entries in his "Registers" and "Books of Registered Voters," as such Registrar is authorized by the provisions of Section 4 of Article V of the Constitution 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 in said ' ' Reg- isters" and "Books of Registered Voters" by the Registration officers in case where a person is entitled to be Registered as a Registered Voter, upon the payment of the Registration fee as hereinbefore provided, or as any one who is disqualified. g* e to IV. All duties which are imposed upon the resident Asso- appiy to judge ciate Judge of the County by the provisions of this Act and of Supreme . J ,, & . , . ,. 1 ,/, i ., 1 i Court sitting in especially of this section shall be and they are hereby imposed Redden? judge upon and required to be performed by such Judge of the Supreme Court as shall at any time be sitting in any of the Counties 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. cu e sfodian of ' Section 17. In order that the Registrar in each and every 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" 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 25 and be present at all hearings of which he had notice before resident Associate Judge of the County or such Judge of the appeals 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 "Book of Registered Voters" improperly omitted or improperly appearing or in any manner incorrect thereon, and to have with him the said "Registers" and "Book of Registered Voters" and to make such entries in said books respectively as said resident Associate Judge or Judge of the Supreme Court for the purpose of hearing such appeals and make such corrections, may order and direct. Section 18. All the powers and duties conferred or en- Alternate R joined upon Registrars by any of the provisions of this Act, are tin^to hereby expressly made the powers and duties of all Alternate Sr^ Registrars in the absence of the Registrar from his election dis- 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 Register to perfom the duties in this Sec- tion imposed upon him, it shall be the duty of the Registrar to deliver or cause to be delivered to the Alternate Registrar, the ^ e r ks to ai ^ Register, Book of Registered Voters, and Book of Registration Hvered to Certificates in the custody or possession of such Registrar, and all notices of appeal which shall have been served upon him, when- ever it shall be the duty of the Alternate Registrar to act in the place and stead of such Registrar as provided in this Section. Section 19. It 'shall be the duty of the Registrar in respective election districts of this State, on the morning of the to inspector day of the general election and one hour before the opening 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 herein- before 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 certificates, together with all other papers or documents relating to the reg- istration of voters, he shall retain in his possession and safely TO keep other keep, but the same shall at all proper times be open to the inspec- books ^^ tion of any one desiring to examine the same, without 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, docu- ments or papers. 26 5?ver ra dupii- ^- And within one week after the following general elec- cate books to tion he shall deliver the said duplicates in his possession to the Peace Clerk of the Peace of the county in which he resides, who shall safely keep the same, in his office, and the same shall be open to public inspection at all convenient times as other public records in the office of said Clerk of the Peace. Section 20. Each of the Registrars shall in addition to the other powers conferred upon him by this Act have, during the Registrars respective times of the appointed sittings for registration, the powers o? th powers of a Justice of the Peace to preserve order and enforce f the obedience to his lawful commands at or around the place of reg- istration; to keep access to such place open and unobstructed; to prevent and suppress riots, tumults, violence and disorder at, around or near the place of registration, tending to intimi- dation, or to the obstruction of the work of registration and to protect and keep safe the registers or books for the registration KianceQf voters, while in his and the Assistant Registrar's custody of witnesses an( j possession. He may compel the presence of witnesses before them while sitting with the Assistant Registrars as Reg- istration officers, for all purposes connected with the performance Oaths or ^ ^ e duties of their office, by summons and attachment, and affirmations shall have power to administer oath or affirmation. He may, while sitting as such officer of registration commit for trial any person committing at, or around the place of registration a Commitment , i / 1 rr j*i--iiiJi-A TT of offenders breach of the peace, or any offence forbidden by this Act. He shall have the power to issue any of said summons, attachments TO whom or commitments, when sitting in any election district in this may be State to the Sheriff of his county or to any Constable thereof. All such process shall be served by said officers in the same man- ner 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 .. 1 11 ,1 r who shall serve any such process shall receive the same tees and in like manner as it is or may be by law provided that he shall Registrars not receive fees in other State , ,-, this service ance with the provisions of this section in addition to the compen- sation or salary provided for in this Act. Compensation Section 2 1 . Each Registrar shall receive five dollars per Registrar ^^ or eac k ^^ Q actu Q serv i ce> 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 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 CountyTreas- urer, or County Treasurer, as fees from persons registering in his election district. II. And each Assistant Registrar shall receive five dollars compensation per day for each day of. actual service, when sitting for the pur- R e pose of registration. Ill And each Alternate Registrar shall receive five dollars per day for each day of actual service, when sitting in the place Registrar 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 sha,U be the dutv of the Levy Court in each of the Ascertainment , . . , 1 . , , ., \- . . , ... or amount of counties in this State at its November session, to ascertain the compensation amount of compensation under this Act due the Registrars, by ^^ Court Alternate Registrars and Assistant Registrars in their respective 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 due Payment them out of any money appropriated for that purpose. V. The cost of printing and posting the alphabetical lists P fc r e nt p sup- contained in the Books of Registered Voters aforesaid, and ofpKes. etc.' 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 print- ing 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 coun- HOW paid ties upon proper vouchers. Section 22. Whoever, during the sitting of the Registra- Bringing^ tak- tion officers in any election district in this State, shall bring, send?ng er sp1rit- take, order or send into, or shall attempt to bring, take, or into any place of registration, anv distilled or spirituous liquors same in place of registration * Amended. See Chapter 64. Volume 22. ** Amended. See Chapter 66, Volume 24 28 whatever, or shall, at any such time or place, drink or partake 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. Section 23. If any Registrar, Alternate Registrar, or Assis- or alterations in tant Registrar, shall fraudulently enter or fraudulently permit to registration be entered, n any register, the name of any person as a registered voter, who is not entitled to be entered therein as a registered voter, or if any other person not authorized by the proper regis- tration officers shall enter into any register the name of any person as a registered voter, or if any Registrar, Alternate Reg- istrar, or Assistant Registrar shall fraudulently refuse or omit to register, or shall fraudulently misspell in any register or in any book of registered voters in his charge, the name of any person entitled under the provisions of this Act to have his name entered in such register or book of registered voters, or if any Registrar, Alternate Registrar, or Assistant Registrar, shall fraudulently strike from any register or from either of said books of registered voters in his charge the name of any person entered therein; or if any other person not authorized by the proper registration officers shall strike from any register or from any book of registered voters the name of any person entered therein; or if any Registrar, Alternate Registrar or Assistant Registrar, shall make any entry or entries in the said register, or books of registered voters, except at the time and in the manner herein- before provided, or if any Registrar, Alternate Registrar or Assistant Registrar, shall do anything which is by this Act for- bidden by him done, or shall omit to do anything which is by this Act required to be by him done, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall be fined not exceeding five hundred dollars, or be impris- penaity oned not exceeding three years, or may be both fined and imprisoned at the discretion of the Court. Person causing Section 24. If any person shall cause or attempt to cause himself to be . . *-.., / 1 1 wrongfully himself to be registered in the name of any other person Jiving or dead, or under any fictitious name, or shall cause or attempt to cause himself to be registered in any election district in this State, knowing that he has not the right to be registered; or if any person, knowing himself to be registered in any election district in this State shall cause or attempt to cause himself to be registered in any other election district in this State without having first caused his name to be stricken from Register and Books of Registered Voters in which he may have been previ- ously entered; or if any person, knowing himself to be cUsquali- 29 fied as a voter at the next following general election shall cause or attempt to cause himself to be entered on the Registers any election district in this State as a Registered voter therein, interfere with' knowing that he is not at that time a qualified voter and wiflSSSJ*** not become so by the next following general election; or if any person shall by force, threat, menace, intimidation, bribery or any unlawful means, prevent or hinder, or attempt to prevent or hinder any person having a lawful right to have his name entered on the registers in any election district in this State from duly exercising such rights, or shall compel or attempt to compel by any such means, any Registrar, Alternate Regis- trar, 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 person legally entitled to be entered thereon, or shall lawfully interfere with any Registrar, Alternate Registrar, or Assistant Registrar, in the discharge of his duties under this Act ; or if any person shall make any assault or commit any assault and battery, or incite peace 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 registra- tion officers, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceed- ing five hundred dollars, or be imprisoned not exceeding three Penalty years, or may be both fined and imprisoned at the discretion of the Court. Section 25. If any Registrar, Alternante Registrar or Assis- tant Registrar, Inspector or Judge of election shall lose any reg- officers ister or book of registered voters which may be in his charge or custody, or if any of such officers or any other person shall wil- fully destroy, mutilate, deface, falsify or fraudulently remove or Destruction, secrete any register or book of registered voters, or shall mutilation, etc. knowingly make any false entry in or false copy of any register or part of any register, or fraudulently make any entry, erasure False or alteration in any alphabetical list of registered voters, as con- entries - etc - tained in any book of registered voters, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indict- ment shall be fined not exceeding five hundred dollars or be imprisoned not exceeding three years, or may be both fined and Penalty- imprisoned at the discretion of the Court. Section 26. If any person shall mutilate, deface, pull or destroy at any time before the last sitting of the Registra- pulling down tion officers any printed copy of the alphabetical list of registered voters, when the said lists are hung up as provided in Section lists 9 he shall be deemed guilty of a misdemeanor, and upon convic- tion thereof by indictment shall be fined not exceeding one Penalty 30 hundred dollars or be imprisoned not exceeding one year, or may be both fined and imprisoned at the discretion of the Court. Additional reg- Section 27. In any case of a special election held in this 'stration for State it shall be the duty of the Registration officers of the respec- tive election districts 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 1, at the place where the following special election will be held, or at some convenient and suitable place in the town or village in which such election will 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. entries* make H- And it shall be the duties of such Registration officers in adding any new names to make the same entries in the regis- ters and books of registered voters aforesaid, as they are herein- before required to make when sitting as Registration officers before any general election. - H-^ The sa ^ Registration officers, within one week before cure books their first sitting as provided for in this section, shall procure f the m pc2r k f 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. S u peace f t? erk IV " Jt s . hal1 be th . e dut y of the Clerks of the Peace in the deliver booics several counties to deliver said books to the said Registration officers when the same shall be applied for as aforesaid. boo! r etc! by V. In delivering one of the "Registers" and one of the "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 respec- tive counties within one week after such special election. Section 28. All Acts and parts of Acts supplied by or inconsistent with this Act are hereby repealed. Approved May 27, A. D., 1898. CHAPTER 37, VOLUME 21. AN ACT to Facilitate the Registering as Qualified Voters the Citizens of Delaware Engaged in the Performance of Military or Naval Duty. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That every person enlisted or engaged in any Domicile of military or naval organization of this State or the United States ^JJ ns o and who prior to enlistment was a resident of any hundred or n * lost 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 ^ Xavti h ~ 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 enlistment. Section 3. That the Governor of this State shall designate Appointment of and appoint at the same time of appointing other registration istr^ officers of this State, some qualified citizen of the State as Aux- iliary Registrar of Voters, who shall qualify and bond as other Qualifying of 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 encamp- ment of this State, or the United States wherein the citizens of this State shall be enlisted or engaged in the discharge of military duty, for the purpose of registering, as hereinafter provided for, such citizens as voters of the hundred or election district 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 for as a voter of any hundred or election district of this State, by any officer or enlisted man, of any military organization before any Auxiliary Registrar of Voters as provided for in the foregoing Section of this Act, such application shall be deemed and taken What deemed to be a personal application within the meaning of paragraph 3, Section 4, of Article V of the Amended Constitution. 32 of visiting time Section 5. That the Auxiliary Registrar herein provided camps 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 arranged to suit the convenience of such military organization. rants and a quai- Section 6. The Auxiliary Registrar shall make and keep a to be 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 HOW kept * k e done by on the books of registration kept by the Registrars sitting in the various hundreds or election districts of this State. Separate lists *Section 7. The Auxiliary Registrar shall make a separate for Districts an( 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 Registration one dollar from all those so applying to him, before he shall enter their names. Return of Aux- iliary Registrar Section 8. Immediately upon the completion ot these lists '* t(> of registration and not later than the third Saturday next pre- officers ceding the day of the next general election, the Auxiliary* Reg- istrar shall make and certify under oath, and forward by regis- tered mail or personal delivery, to the Registrars of the various hundreds or election districts of this State, the names and quali- fications as recorded by him of all those who applied to him to Registration be registered in such hundreds . or election districts ; together with the *constitutional fee for registration received by him from them. Opening lists by d Regfst S rIfion Section 9. The Registrars of and for the respective hun- officers 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 who to be those about the window, where voters are gathered for the pur- Registered p Ose o f De mg registered, read the name of each voter so returned by the Auxiliary Registrar for registration. Every name shall be entered upon the books of registration kept in and for such hundred or election district, if it is found that the. person repre- sented by such name would have been qualified to have appeared * Amended. See Chapter 66, Volume 24. 33 there in person and been registered. But any member of the board of Registration or any qualified voter of the election dist- trict may challenge the registering of the names upon the book Challenge of registration, for the hundred or election district; and the ques- tion of the right to register such name shall be determined by the registration officers just as they are authorized to deter- mine like questions concerning those who present themselves before them there in the election district. The Registrar shall Registrar to keep complete and inviolate the list of names and qualifications eep 1 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 possession of the Registrar. The Registrar of the election district shall also make and J^ t ^ d keep for the inspection of the voters of his election district a list inspection of all those names which he has received from the Auxiliary Reg- istrar, 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 shall in Hke Listnot manner be at all t mes subject to the inspection of the qualified registered voters of that hundred or election district. And from the action of the Registration officers in so granting or refusing registra- tion to any name received from the Auxiliary Registrar, any Registration officer or interested person may appeal as pro- vided for in Section 4 of Article V of the amended Constitution. Appeals *Section 10 All registration fees received by the Registra- Registration tion officer of any district from the Auxiliary Registrar shall be e< 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 Auxiliary Registration officer provided for Compensation by this Act shall receive such compensation per day as is allowed Retrar ry to Registrars sitting in the various districts of this State, and he shall be allowed and paid by the State Treasurer such an HOW paid amount for travelling expenses as shall be approved by the State Auditor upon vouchers presented him. Approved June 25, A. D., 1898. * Amended. See Chapter 66, Volume 24. 34 CHAPTER 64, VOLUME 22. AN ACT in Relation to Registration Books which it is the Duty of the Gov- ernor to cause to be Prepared for the use of the Registration Officers in each Election District in the State including those in the City of Wilming- ton and certain entries thereon. Be it enacted by the Sena'.e and House of Representatives of the State of Delaware in General Assembly met. Registration ^ Section 1. That hereafter it shall not be necessary to enter contain Toi- the color of the person applying to be registered on the books as m ?o sf coiof ries known as Registers which is the duty under the laws of this State of the Governor to cause to be prepared for the use of the Registration officers in each Election District in this State, includ- ing those in the City of Wilmington for the Registration of voters, and that hereafter such Registers shall not contain columns for entries as to color. Specific age Section 2. That after this Act becomes a law, it shall not De lawful to enter 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 upwards." Section 3. That all Acts or parts of Acts inconsistent here- with be and the same are hereby repealed. Approved March 14, A. D., 1901. 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 Registrars. Be it enacted by the Senate arid House of Representatives of the State of Delaware in General Asser,ibly r.iei: lion 1. That Section 16 of Chapter 36 of Volume 21 of the Laws of Delaware is hereby amended by striking out the words "Thursday next following the third Saturday of August " ^ e en t d ed tim ^ in the fourteenth line of said Section, and insert ing in lieu thereof holding appeals the words "the first Tuesday in September"; and by striking " out the words ' ' the Tuesday next following ' ' in the twenty-third 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 w r ords "the previous week" in the twenty-fifth and twenty-sixth lines of said Section; and by stirking out all between the word "provided" in the forty- ninth line of said Section and the w^ord "unless" in the fifty- fourth line of said Section, and inserting in lieu thereof the words "that appeals from the decisions of the registration 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 CHAPTER 66, VOLUME 24. AN ACT Striking Out of the Statutes of the State of Delaware all Provi- sions in Relation to the Payment of a Registration Fee as a Qualification to Vote. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: fb e oiSi r ?d ionfee Section 1. That all provisions in the Statutes of the State of Delaware in relation to the payment of a registration fee as a qualification to vote be and the same are hereby stricken out, repealed and made null and void. Section 2. That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved March 4, A. D., 1907. 37 CHAPTER 44, VOLUME 26. AN ACT to amend Chapter 35 of Volume 21, Laws of Delaware, being an Act entitled " An Act concerning the appointment of Registration Offi- cers 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 1. That Chapter 35, Volume 21, Laws of Delaware Chap. be and the same is hereby amended by striking out of said Act all of Section 4 thereof and by inserting in lieu thereof a new section to be known as Section 4 of said Act which shall read as follows, viz. : ''Section 4. The Sheriff of each County shall sometime sheriff previous to the first Saturday in the month of Julv, in the yearJion Books of holding the General Election, deliver to the Registrar of each election district of his County, two of the books known as "Reg- July isters", two of the books known as " Books of Registered Voters," and a book of Registration Certificates hereinbefore provided for; provided however, that the Sheriff of New Castle County shall not deliver said books for the several election districts inshaii not the City of Wilmington to the Registrars of each election district f n eli t v h e e r b ^ s of in said City, but the Governor shall, previous to the first Saturday Wilmington in July of even 7 General Election, deliver to the Department Governor shall of Elections for the City of Wilmington two of the books known g^S^t * e as "Registers", two of the books known as "Books of Regis- Elections tered Voters", and a book of Registration Certificates herein- before provided for; and provided further, however, that the Department of Department of Elections for the City of Wilmington, shall, SfwSXbelSS within one week before the first day of registration of voters registration day in the year of every General Election deliver to the Registrar s t of each Election district in the City of Wilmington two of the tr books known as "Registers", two of the books known as "Books of Registered Voters" and a book of Registration Certificates hereinbefore provided for; all of which said books addressed to the Registrar of each election district of the County, the Gov- books to be ernor shall cause to be delivered to the Sheriff in each of the sheriff and Counties of this State and to the Department of Elections for the City of Wilmington, respectively, on or before the first Tues- fore the first day in July in the year of holding the General Election." Section 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 20. A. D., 1911. 38 Chap. 36, Vol. 21, further amended Third .Sat- urday in July, etc. CHAPTER 46, VOLUME 26. AN ACT to further Amend Chapter 36 Volume 21 Laws of Delaware enti- tled " An Act providing for a uniform system of Registration of all the Qualified Voters in this State." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 36, Volume 21, Laws of Delaware be and the same is hereby further amended by striking out of lines eleven, twelve and thirteen of Section 2 of said Act, the following words, viz.: "three successive Saturdays in August beginning with the first Saturday in August," and by inserting in lieu of said words so stricken out, the following words, viz.: "the third Saturday in July and the first and second Saturdays in August." Section 2. That all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 20, A. D., 1911. CHAPTER 47, VOLUME 26. AN ACT to further amend Chapter 36, Volume 21, Laws of Delaware, enti- tled " An Act providing for a uniform System of Registration of all Quali- fied Voters in this State." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 36, Volume 21, Laws of Delaware, chapter 35, entitled "An Act providing for a uniform system of registra-"^ 21 - tion of all qualified voters in this State," be hereby amended by the striking out of Section 6 of said Act, all of Paragraph II of said Section 6, which said paragraph provides for the giving of a registration certificate to registered voters who may request such certificate. Section 2. That hereafter the book of blanks known ep " Registratiom Certificates" shall no longer be prepared and and delivered delivered for the registration of voters in this State. Section 3. That all Acts or parts of Acts in so far as they are inconsistent herewith be hereby repealed. Approved, April 19, A. D., 1911. 40 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 1. The general election in and for the several hed ^ 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. f T . he Department of Elections for the City of Wilmington, ?n sign iac e es I?" estaDnsne< ^ ^y virtue of an Act of the General Assembly, enti- wfimingt e on in tied "An Act creating a Department of Elections for the City of Wilmington, approved May 20th, A. D. 1898, shall at the time of dividing the said city into election districts and estab- lishing the boundaries 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 who to vote election districts thus established, shall vote at the place desig- nated and appointed by the said Department of Elections, for holding elections in the said several respective election districts. FOR NEW CAvSTLE COUNTY' OUTSIDE OF THE CITY OF WILMINGTON. pSst^&ctio'if' The First Elect i n District of the Sixth Representative District 60 District shall embrace all that portion of Brandywine Hundred heretofore known as the Eastern Election District of Brandy- who to vote in wine Hundred, and all persons entitled to vote in said First Election District, shall vote at the place heretofore designated by law for holding elections in said Eastern Election District of Brandywine Hundred. D d istri?t tion T** 6 S econ d Election. District of the Sixth Representative District shall embrace all that portion of Brandywine Hundred Whotovotein heretofore known as the Northern Election District of Brandy - plact wine Hundred, and all persons entitled to vote in said Second vot?ng Election District shall vote at the place heretofore designated 41 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 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 place of votjn by law for holding elections in said Southern Election District of Brandywine Hundred. The First Election District of the Seventh Representative District shall embrace all that portion of Christiana Hundred heretofore known as the Newport Southern Election District of Christiana Hundred, and all persons entitled to vote in said Who to vote in First Election District, shall vote at the place heretofore desig- pjace ' nated by law for holding elections in said Newport Southern Election District of Christiana Hundred. The Second Election District of the Seventh Representative District shall embrace all that portion of Christiana Hundred heretofore known as the Marshallton Southern Election District who to vote in of Christiana Hundred, and all persons entitled to vote in said Second Election District shall vote at the place heretofore desig- nated by law for holding elections in said Marshallton Southern Place of voting Election District of Christiana Hundred. The Third Election District of the Seventh Representative 3d Election District shall embrace all that portion of Christiana Hundred heretofore known as the Northern Election District of Christiana who to vote in Hundred, and all persons entitled to vote in said Third Election District, shall vote at the place heretofore designated by law for holding elections in said Northern Election District of Chris- Place of votin s tiana Hundred. The Fourth Election District of the Seventh Representative 4th Election District shall embrace all that portion of Christiana Hundred D as is now provided by law as the Western Election District of Christiana Hundred, and all persons entitled to vote in said Who to vote in Fourth Election District shall vote at the place heretofore desig- nated by law for holding elections in said Western Election piace of voting District of Christiana Hundred. The Fifth Election District of the Seventh Representative sth Election District shall embrace all that portion of Christiana Hundred Dlstnct 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 Boundaries 42 a westerly direction past the St. Joseph's Catholic Church and across the Kennett Turnpike: 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 direction to t he western boundary line to the City of Wilmington ; thence following the said boundary line by its several courses in a northern direction to the south bank of the Brandywine ; 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, March 19th, n 1897, and all persons entitled to vote in said Fifth Election Dis- trict shall vote at the public house of Thomas J. Lawless known place of voting as Mt. Pleasant Hotel in said East Election District of the Sev- enth Representative District. istEk e c P tio ist ' T he First Election District of the Eighth Representative District 10 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 shall vote at the place heretofore designated by law for holding Place of voting elections in said Mill Creek Eastern Election District. Dis?rfc c t tion 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 who to vote in all persons entitled to vote in said Second Election District, shall Place of voting vote at the place heretofore designated by law for holding elec- tions in said Mill Creek Northern Election District. District^ 011 T ^ e Th^d 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 who to vote in all persons entitled to vote in said Third Election District shall vote at the place heretofore designated by law for holding elections place of voting in said Mill Creek Western Election District . son First Election District of the Ninth Representative District 1C District shall embrace all that portion of White Clay Creek Hundred heretofore known' as the White Clay Creek West Elec- who to vote in ^j on District, and all persons entitled to vote in said First Elec- tion District, shall vote at the place heretofore designated by place of voting law for holding elections in said White Clay Creek West Election District. 43 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 Who to votein Election District shall vote at the place heretofore designated by law for holding elections in said White Clay Creek Central Pi ace of voting Election District. The 'Third Election District of the Ninth Representative 3d Election District shall embrace all that portion of White Clay Creek Hundred heretofore known as the W T hite Clay Creek East Elec- Who to vote in tion District, and all persons entitled to vote in said Third Elec- tion District shall vote at the place heretofore designated by law pi ace of voting for holding elections in said White Clay Creek East Election District, The First Election District of the Tenth Representative ioth Rep. Dist. District shall embrace all that portion of New Castle Hundred ufaSSf* heretofore known as the Eastern Election District of New Castle Hundred, and all persons entitled to vote in said First Election District shall vote at the place heretofore designated by law for holding elections in said Eastern Election District of New place of voting Castle Hundred. The Second Election District of the Tenth Representative 24 Election District shall embrace all that portion of New Castle Hundred 01 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 pi ace O f 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 District shall embrace all that portion of New Castle Hundred Dl heretofore known as the Western Election District of New Cas- who to vote in tie Hundred and all persons entitled to vote in said Third Elec- tion District shall vote at the place heretofore designated by place of voting law for holding elections in said Western Election District of New Castle Hundred. The Fourth Election District of the Tenth Representative g { h s 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 m Election District shall vote at the place heretofore designated by law for holding elections in said Southern Election District Place of voting of New Castle Hundred. 44 nth Rep. Dist. The First Election District of the Eleventh Representative District District shall embrace all that portion of Pencader Hundred heretofore known as North Pencader Election District of Pen- who to vote in cader Hundred, and all persons entitled to vote in said First Election District shall vote at the place heretofore designated Place of voting by law for holding elections in said North Pencader Election District of Pencader Hundred. 2d Election The Second Election District of the Eleventh Representative District shall embrace all that portion of Pencader Hundred heretofore known as the Soutn Pencader Election District of who to vote in Pencader Hundred, and all persons entitled to vote in said Sec- ond Election District shall vote at the place heretofore designated Place of voting by law for holding elections in said South Pencader Election District of Pencader Hundred. !st h ESct P io? ist ' T he First Election District of the Twelfth Representative District District shall embrace all that portion of Red Lion Hundred heretofore known as the Red Lion Eastern Election District, who to vote in and all persons entitled to vote in said First Election District piace of voting shall vote at the place heretofore designated by law for holding elections in said Red Lion Eastern Election District. The Second Election District of the Twelfth Representative District shall embrace all that portion of Red Lion Hundred heretofore known as the Red Lion Western Election District, who to vote in and all persons entitled to vote in said Second Election District shall vote at the place heretofore designated by law for holding Place of voting elections in said Red Lion Western Election District. Rep. Dist. The First Election District of the Thirteenth Representative District shall embrace all that portion of St. George's Hundred, heretofore known as the East St. George's First Election Pre- who to vote in cinct, and all persons entitled to vote in First Election District shall vote at the place heretofore designated by law for holding Place of voting elections in said East St. George's First Election Precinct. The Second Election 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 Election Precinct, and all persons entitled to vote in Second Election District shall vote at the place heretofore designated Place of voting by law for holding elections in said East St. George's Second Election Precinct. 45 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 Precinct, and all persons entitled to vote in said Third Election who to vote in District shall vote at the place heretofore designated by law for holding elections in said West St. George's First Election Precinct. Place of voting The Fourth Election District of the Thirteenth Represen- tative District shall embrace all that portion of St. George's Hundred heretofore known as the West St. George's Second Election Precinct, and all persons entitled to vote in said Fourth Who to vote in Election District shall vote at the place heretofore designated by law for holding elections in said West St. George's Second pia ce O f voting Election Precinct. The First Election District of the Fourteenth Representa- tive District shall embrace all that portion of Appoquinimink District 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 designated by law for holding elections in said Eastern Election Place of voting District of Appoquinimink Hundred. The Second Election District of the Fourteenth Represen- tative District shall embrace all that portion of Appoquinimink Hundred heretofore known as the Western Election District f Who to votein Appoquinimink Hundred, and all persons entitled to vote in said Second Election District shall vote at the place heretofore desig- Place of voting nated by law for holding elections in said Western Election District of Appoquinimink Hundred. The First Election District of the Fifteenth Representative District shall embrace all that portion of Blackbird Hundred heretofore 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 piace of voting Hundred. The Second Election District of the Fifteenth Representa- tive District shall embrace all that portion of Blackbird Hun- dred heretofore known as the Western Election District of Black- bird Hundred, and all persons entitled to vote in said Second m to votein Election District shall vote at the place heretofore designated Place of voting by law for holding elections in said Western Election District of Blackbird Hundred. 46 FOR KENT COUNTY. 1st Ekction Dist The First Election District of the First Representative Dis- District trict shall embrace all that portion of Duck Creek Hundred heretofore known as the Eastern Election District of Duck Creek who to vote in Hundred, and all persons entitled to vote in said First Election Place of votin District shall vote at the place heretofore designated by law ng for holding elections in said Eastern Election District of Duck Creek Hundred. D d is?rk? ion T he Second Election District of the First Representative District shall embrace all that portion of Duck Creek Hundred heretofore known as the Western Election District of Duck who to vote in Creek Hundred, and all persons entitled to vote in said Second Place of votin Election District shall vote at the place heretofore designated lg by law for holding elections in said Western Election District of Duck Creek Hundred. 2dRe P . Dist. The First Election District of the Second Representative D?sSct tion District shall embrace all of Little Creek Hundred, and all per- who to vote in sons eirtu ^ e cl to vote in said First Election District shall vote at m the place heretofore designated by law for holding elections in Place of voting said Uiile Creek Hundred. 2d Election The Second Election District of the Second Representative District District, shall embrace all that portion of East Dover Hundred heretofore known as Election District Number One, of East who to vote in Dover Hundred, and all persons entitled to vote in said Second Election District shall vote at the place heretofore designated Place of voting by law for hcMing elections in said election District Number One of East Dover Hundred. .w Rep. Dist. The Election District of the Third Representative District, '" shall embrace all of Kenton Hundred, and all persons entitled who to vote in to vote in said Election District shall vote at the place hereto- piace of voting fore designated by law for holding elections in said Kenton Hundred. 4th Rep. pjst. 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 road leading from the Horsehead Road to Kenton at the point of intersection of Kenton Hundred and East Dover Hundred, thence running along the middle of the said road to the Horse- head road, thence running in a westerly direction along the mid- dle 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 Homestead 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 Who to votein entitled to vote in said Election District shall vote at the place heretofore designated by law for holding elections in West Dover Place of votin * Hundred. The First Election District of the Fifth Representative District shall embrace all that portion of Election District Num- Distrit ber 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 Election District shall vote at the place heretofore designated by law for holding elections in said Election District Place of votin e Number Two in East Dover Hundred. The Second Election District of the Fifth Representative District, shall embrace all that portion of the Third Election District of East Dover Hundred which is not included in Rep- resentative District Number Four, and all persons entitled to Who ** vote in vote in said Second Election District shall vote at the place heretofore designated by law for holding elections in said Third Place of voting Election District of East Dover Hundred. The First Election District of the Sixth Representative District shall embrace all those portions of North Murderkill District and South Murderkill Hundreds included within the following boundary lines: Beginning at a point on the Maryland line where the line dividing West Dover Hundred and North Murder- Boundaries kill Hundred intersects the same and running thence with said Maryland line south to the point where the northern boundary line of the Second Election District of the Sixth Representative District intersects the said Maryland line, thence easterly with said northern boundary line of s'aid 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 running in a northeasterly direction along the middle of the said Cow- sjill Road to the Reed Road running from Woodside to Du Font's 48 School House, thence running in a northwesterly direction along the middle of the said Reed Road to Du Font's School House, thence running in a northerly direction along the middle of the public road leading from Willow Grove to Camden, a short dis- tance to Stubb's Corner, thence running in a westerly and north- westerly and westerly direction along the middle of the public road leading from Du Font'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 Hundred, thence following the southern boundary line of West Dover Hundred who to vote in j n a wes t e rly direction to the place of beginning, and all per- sons entitled to vote in said First Election District shall vote at the place heretofore designated by law for holding elections Place of voting in j^ West Election District of North Murderkill Hundred. 2d Election District Boundaries The Second Election District of the Sixth Representative 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 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 running in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Cor- ner to Vernon, at or near White's Church, thence running in 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 Harring- ton, thence running in an easterly direction along the middle 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 Dela- ware Railroad, thence running in $ a northerly direction along said Delaware Railroad to Beaver Dam Branch in South Murder- kill Hundred, thence following the course of said Beaver 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 Who to vote in 49 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 Maryland line, thence by the said Maryland line south to the place of beginning, and all per- sons entitled to vote in said Second Election District shall vote at Masten's Corner at such place as shall be procured by the inspector or other officer holding the election in said Second ' Election District of the Sixth Representative District. The Election District of the Seventh Representative Dis- gg c KW.^>*I. trict shall embrace all that portion of North Murderkill Hun- dred not included in Representative District Number Six, and all persons entitled to vote in said election district shall vote at Who to vote in the place heretofore designated by law for holding elections in the Eastern Election District of North Murderkill Hundred. Place of voting The First Election District of the Eight Representative sth^ep.^st. 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-hou se on the line dividing North Boundaries and South Murderkill 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 southwesterly with line of said Frederica and Felton road to Roe's Corner on the road from Canterbury to Roe's Village, thence easterly 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 Murderkill Hundred, and all persons entitled to vote in said First Elec- who to vote in tion District shall vote at the place heretofore designated for holding elections in Election District Number One of South pia ce O f voting Murderkill Hundred. The Second Election District of the Eighth Represent ative 8th Rep. EHST. District shall embrace all that portion of South Murderkill Hun- g^ 1 ^ 011 dred lying east of the First Election District of the said Repre- sentative District, and all persons entitled to vote in said Second who to vote in Election District shall vote at the place heretofore designated for holding elections in Election Dis trict Number Two of South Place of voting Murderkill Hundred. The First Election District of the Ninth Representative 9th Re P . . Dist. District shall embrace all that portion of Election District Num- 50 her One of Mispillon Hundred not included in Representative District Number Six, and all persons entitled to vote in said who to vote in p{ rst Election District shall vote at the place heretofore desig- piace of voting nated by law for holding elections in Election District Number One of Mispillion Hundred. D d isfrict tion The Second Election District of the Ninth Representative District shall embrace all that portion of Mispillion Hundred lying south of the First Election District of said Ninth Repre- who to vote in sen tative District, and all persons entitled to vote in said Second Place of voting Election District shall vote at the place heretofore designated by law for holding elections in Election District Number Two of Mispillion "Hundred. !st th E5ctio? ist The First Election District of the Tenth Representative District 10 District shall embrace all that portion of Milford Hundred included in the Eastern Election District of Milford Hundred, who to vote in an ci Q\\ persons entitled to vote in said First Election District Place of voting shall vote at the place heretofore designated by law for holding elections in said Eastern Election District of Milford Hundred. D d istric c t tion Tlie Second Election District of the Tenth Representative District shall embrace all that portion of Milford Hundred included in the Western Election District of Milford Hundred, who to vote in an( j a u persons entitled to vote in said Second Election District Place of voting shall vote at the place heretofore designated by law for holding elections in said Western Election District of Milford Hundred. FOR SUSSEX COUNTY. ill E*e e c p tio? ist ' The First Election District of the First Representative Dis- District trict shall embrace all that portion of Cedar Creek . Hundred heretofore known as the South Milford Election District of Cedar who to vote in Creek Hundred and all persons entitled to vote in said First place of voting Election District shall vote at the place heretofore designated by law for holding elections in said South Milford Election District of Cedar Creek Hundred. r> d istriS tion T he Second Election District of the First Representative District shall embrace all that portion of Cedar Creek Hundred heretofore known as the Lincoln Election District of Cedar Creek who to vote in Hundred and all persons entitled to vote in said Second Election Place of voting District shall vote at the place heretofore designated by law for holding elections in said Lincoln Election District of Cedar Creek Hundred. ist ^lectiolf' T he First Election District of the Second Representative District District shall embrace all that portion of Nanticoke Hundred which lies north and west of Gravelly Branch, beginning at a 51 point where the said Gravelly Branch intersects the dividing Boundaries 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- ford Mill Pond, and all persons entitled to vote in said First Who to vote in Election District shall vote at Owen's Station, at such place as Place of voting shall be procured by the Inspector or other officer holding the election in said First Election District of the Second Represen- tative District. The Second Election District of the Second Representative 2d Election District shall embrace all of North West Fork Hundred, and all Dl persons entitled to vote in said Election District shall vote at Who to vote in the place heretofore designated by law for holding elections in Place of voting said North West Fork Hundred. The First Election District of the Third Representative ^ District shall embrace all that portion of Nanticoke Hundred, District which lies south and east of said Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing Boundaries line between Nanticoke and Georgetown Hundreds, running in a southwesterly course to what was formerly known as Rest's Old Mill, thence 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 Who to vote in District shall vote at the place known as "Old Furnace", at Place of voting such place as shall be procured by the Inspector or other officer holding the election in said First Election District of the Third Representative District. The Second Election District of the Third Representative ^ d ist ^ c e t ction District shall embrace all of Seaford Hundred, and all persons 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 Seaford pi ace of voting 'Hundred.* The Election District of the Fourth Representative Dis- gJ^gjP- gg t 4 - trict shall embrace all of Broad Creek Hundred, and all per- sons entitled to vote in said Election District shall vote at the Who to vote in place now designated by law for holding elections in said Broad Place of voting Creek Hundred. **The First Election District of the Fifth Representative Jth R.Dist. District shall embrace all that portion of Little Creek Hundred District * For division of Second Election District into second and third, see Chapter 71. Vol. 24. ** Amended. See Chapter 10, Volume 22. 52 hertofore known as the West Election District of Little Creek 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 Place of voting for holding elections in said West Election District of Little Creek Hundred. iKs?ric C t tion * The Second Election District of the Fifth Representative District shall embrace all that portion of Little Creek Hundred who to vote in an( j a ^ p ersons entitled to vote in said Second Election District Place of voting shall vote at the place heretofore designated by law for holding elections in said East Election District of Little Creek Hundred. istE*ertio? ist ' T he First Election District of the Sixth Representative District District shall embrace all that portion of Dagsboro Hundred lying north of the public road beginning at Millsboro Mills, and Boundaries 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 Phillip's Hill, and thence with the said public road by way of Carey's Methodist Episcopal Church who to vote in to the line of Gumboro Hundred, and all persons entitled to vote in said First Election District shall vote at the place called Place of voting p o n Dam," at such place as shall be procured by the Inspector or other officer holding the election in said First Election Dis- trict of the Sixth Representative District. D d is?rfc c t tion T he Second Election District of the Sixth Representative 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 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 Phillip's Hill, and thence with 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 Second Election District shall vote at the town of Dagsboro at such place as shall be procured by the Place of voting Inspector or other officer holding the election in said Second Election District of the Sixth Representative District. 3d Election The Third Election District of the Sixth Representative District shall embrace all of Gumboro Hundred, and all persons who to vote in entitled to vote in said Third Election District shall vote at the Place of voting place heretofore designated by law for holding elections in said Gumboro Hundred. 7th Rep. Dist. The First Election District of the Seventh Representative District* 10 District shall embrace all that portion of Baltimore Hundred * For division of Second Election District into second and third, see Chapter 74, Vol. 24. 53 lying north of the public road beginning at the Baltimore mill Boundaries 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. Barnett, thence running along said road to a bridge actoss 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 22, Who to vote in 1897, and all persons entitled to vote in said First Election Dis- trict shall vote at the school house of school district No. 181, Place of voting in the town of Millville, in said First Election District of the Seventh Representative District. The Second 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, Boundaries 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 who to vote in District shall vote at Slebyville at such place as shall be pro- cured by the Inspector or other officer holding the election in Place of voting said Second Election District of the Seventh Representative District. The Election District of the Eighth Representative District shall embrace all of Indian River Hundred and all persons enti- tled to vote in said Election District shall vote at the place here- Who to vote in tofore designated by law for holding elections in said Indian Place of voting River Hundred. The Election District of the Ninth Representative District %* gjf t ; shall embrace all of Georgetown Hundred, and all persons enti- tled to vote in said Election District shall vote at the place here- Who to vote in tofore designated by law for holding elections in said Georgetown Place of voting Hundred. The First Election District of the Tenth Representative District shall embrace all of Broadkiln Hundred, and all persons District 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 Broad- pi ace of voting kiln Hundred. *The Second Election District of the Tenth Representative 2d EiecSon 1S District * Amended. See Chapter 12, Volume 22. 54 District shall embrace all of Lewes and Rehoboth Hundred and who to vote in a ^ persons entitled to vote in said Election District shall vote Place of voting at the place heretofore designated by law for holding elections in said Lewes and Rehoboth Hundred. Change of vot- ing place Notice Section 2. If at any time it shall be impracticable to hold the election in any election district at the place appointed by law, the Inspector of such election district or other officer author- ized by law to hold the election therein shall have power to appoint some other place in said election district as near as can be con- veniently obtained to the place herein directed, and he shall give public notice of the place so appointed by advertisements 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 notice as the circumstances will permit. de ~ Section 3 . The Sheriff of each county shall after the Twenty- boxes, list of third day and before the Twenty-seventh day of October in the ?2?ing' wax, 6 ' year of holding the General Election deliver to the inspector of wlimlngfon 7 f eac ^ election district or other officer, authorized by law to hold the election therein (outside of the City of Wilmington) two suitable ballot boxes, with a piece of tape and sealing wax, to- gether with a list of all the officers to be chosen at the then next General Election, written or printed forms of tally lists, of cer- tificates of election in said election district, of the oath or affir- mation of the inspector or other person authorized by law to hold the election therein, and persons to be taken as Judges of Election, and also of the clerks who shall be chosen to act at such election, and of the certificate of administering such oaths or affirmations, with printed or written directions as to correct- ing, completing and signing such oath or affirmation and certifi- cate of administering the same, and shall also deliver to each inspector or other officer authorized by law to hold the election as aforesaid (outside of the City of Wilmington) a book of blank forms of oaths (or affirmations) provided for in Section 19 of this Act. Oaths Outside the City of Wil- mington Department^ That the Department of Elections for the City of Wilming- iot ec boxls, list ton shall in addition to the registers and things they are now of officers, etc. re quired by law to furnish to the inspectors of election in said City shall between the Twenty-third and Twenty-seventh days of October in the year of holding the General Election deliver to the inspector of each election district or other officer authorized by law to hold the election therein, in the City of Wilmington, two suitable ballot boxes with a piece of tape and sealing 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, 55 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 Election, and also of the Clerks who shall be chosen to act at such election, and of the certificate of administering such oaths or affirmations with printed or written directions as to correcting, completing and signing such oath or affirmation, Oaths and certificate of administering the same, and shall also deliver to each inspector or other officer authorized by law to hold the election as aforesaid, in the City of Wilmington, 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 ^iiot to contain all the ballots of the election district, with one of the tally lists and certificates of election; in the lid of one of the boxes there shall be a hole sufficient only to admit with con- venience one ballot, and it shall be furnished with a lock and key for securing the lid; the lid of the other box shall be without a hole, and it shall be so constructed as to be secured with tape or sealing wax. Section 5. There shall be two of the said tally lists each Tall v lists of which shall consist of a margin on the left for the names of the persons voted for, and squares formed by parallel lines drawn from left to right, and from the bottom to the top of the sheet, each square to be sufficient to contain five distinct rows of five distinct dots of a pen in each row, and there shall be a sufficient number of squares in each row of squares from left to right to contain -more dots than any other person will probably receive votes in the election district. Section 6. There shall be two of the said certificates of certificates of election which may be according to the following form, viz. : election County and . . Election Form of District of Representative District, ss: At the general election held in the said election district, on the Tuesday next after the first Monday in November, A. D., eight- een hundred and the votes stand as follows: For the Office of Electors of President and Vice-President. Received votes . . Received . . . . votes For the Office of Governor. Received votes . . Received . . . votes 56 For the Office of Lieutenant Governor. Received votes Received votes For the Office of Representative in Congress. Received votes . . Received . . , . votes For the Office of Attorney General. Received votes Received . . . . votes 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 Assenbly 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 vote 5 Received votes 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 Cornoner. ..;.-. Received votes Received votes For the Office of Assessor. Received votes . Received . . . . votes 58 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. In testimony whereof, we the Judges of said Election for said election d'ixtrict have hereunto set our hands the day and year aforesaid: .puling blank In the said written or printed forms of certificates before the same shall be delivered by the Sheriff as above directed, the name of the County and Election District and of Representative District and the date of the year shall be inserted in the blanks for said purposes in the foregoing form; and the offices to be filled at the election shall be inserted with blanks under each to contain the names of the persons who may be voted for, with the number of votes; and the offices not to be filled at the elec- tion, shall be omitted. Oath of officers Section 7. The form of the oath or affirmation to be admin- istered to the inspector or other officer authorized by law to hold the election and Judges shall be as follows, viz. : Form I, , do solemnly swear (or affirm) that in the election to be this day held, I will not knowingly or wilfully, receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my asso- ciates shall adjudge such persons to be entitled to vote, that I will not receive or reject nor concur in receiving or rejecting any vote through partiality or undue bias and that I will deter- mine every matter that shall come before me, and perform every act and duty by law required of me touching the said election, truly, faithfully and impartially according to the best of my skill and judgment and ability; that I will cause the ballots, that shall be taken at this election to be fairly read and ascer- tained and a true statement thereof to be made according to the best of my knowledge arid ability and that if I shall dis- cover any partiality, unfairness or corruption in the conducting of the said election, I will disclose the same to the Attorney General to the end that the subject may be investigated so help me God (or so I solemnly affirm). There shall be three distinc 59 forms of the foregoing oath or affirmation written or printe on one sheet; which forms shall be numbered and distinguished as No. 1, No. 2 and No. 3. On the same sheet after the last of said forms shall be written or printed a form for the certifi- cate of the qualification of the Inspector or other officer author- officers ized by law to hold the election and Judges as follows, to wit: .................... County and ................ Election Form District .................... Representative District, ss. We, subscribers, Inspector (or other officers authorized by law to hold the election) and judges for said election district of the general election, therein held on the Tuesday next after the first Monday of November in the year of our Lord one thousand eight hundred and ........ certify that on said day, before open- ing the said election in said election district, the foregoing oath or affirmation was duly administered to each of us, according to law. The blanks in which said certificates shall be filled by the Sheriff or by his Order, before delivering the same to the Inspector or other officer authorized by law to hold the election. Section 8. The inspector or other officer authorized by to hold the election of each election district shall within two time and place days after receiving from the Sheriff or Department of Election for the City of Wilmington, a list of officers to be chosen at the general election, give public notice of the time and place of hold- ing the then next general election in his election district and of the officers to be voted for at such election, by advertisements posted in at least five of the most public places in his election me ntf ls< district, i Section 9. If at the time for holding the general election there shall be no Inspector or other officer authorized by law to a b se nce e of f in- hold the election of any election district, or if he shall be absent spector who to from the place of election at half past eight o'clock of the fore- ho noon of the day of the election the Registrar of the said election district who shall be present with his Register and Book of Reg- istered Voters for said district or in the event of the Registrar's absence the Alternate Registrar of said election district who may be present with a Register and a Book of Registered Voters of said election district shall serve as the Inspector for said Elec- tion District and perform all the duties required of him as such Inspector. Section 10. The Inspector or other officer authorized by 50 d law to hold the election in any election district shall be a Judge presiding >f the general election held therein and the presiding officer. of 60 How chosen judges There shall also be two other judges of the said election one of whom shall be chosen by the County Committee of the Demo- cratic party and the other by the County Committee of the Republican party. In making said appointments, the respective County Committees shall name and certify two persons respec- tively one of whom they shall designate as Judge and the other as Alternate Judge and the said certification shall be presented to the inspector or other officer authorized by law to hold tbe election in the respective election districts on the morning of the general election and one hour before the opening of the polls. Should either or both of those designated to be the judge be absent, the person named for alternate Judge shall be Judge; in case^of ab- if from any cause both the persons named by either or both political parties should be absent a majority of the voters then present may elect such judge or judges in such a manner as at the time may be deemed most expedient for ascertaining the sense of the majority; the person or persons so chosen shall be of the same political party as those persons in whose place they are respectively chosen. When Alter- nate Judge to act sence of Judges who to act Political complexion Refusal to serve Penalty Section 11. If any person chosen to be a Judge of an elec- tion in any election district, shall refuse to serve he shall forfeit and pay to the State a fine of fifty dollars upon conviction thereof by indictment in the Court of General Sessions in the county where such offense is committed. oath of judge Section 12. Before opening the election the inspector or other officer authorized by law to hold the election, and judges, shall each take an oath or affirmation according to the form prescribed in Section 7. Such oath to be administered to the Judges by the Inspector or other officer authorized by law to hold the election and by one of them to him and they shall each signing oaths after taking such oath or affirmation sign one of the written or printed forms thereof delivered to the Inspector or other officer authorized by law to hold the election, by the Sheriff of the county as provided in Section 7, that is to say: The form dis- tinguished as No. 1 shall be signed by the Inspector or other officer authorized by law to hold the election, his name being first inserted in the blank; the form No. 2 shall be signed by one of the Judges, his name being first inserted in the blank, and the form No. 3 shall be signed by the other Judge his name being first inserted in the blank, before signing the said forms, it shall be ascertained whether the Inspector or other officer authorized by law to hold the election or either of the Judges conscientiously refuse to take an oath, and in case of such conscientious refusal the form for the person so refusing shall be made correct by Affirmation effacing the words "swear or" in the beginning, and "so help me God" in the end of the form, but as to the person who shall not 61 conscientiously refuse to take an oath the form shall be made correct by effacing the words "or affirm" in the beginning, and the words "or so I solemnly affirm" at the end of the form. The Inspector or other officer authorized by law to hold the election and Judges shall also sign the certificate of their qualifications Signing of oath as written or printed upon the sheet containing the aforesaid by forms. Section 13. Each of the said Judges after being duly quali- erk s sing fied shall choose one clerk of the election, to whom the Inspector or other officer authorized by law to hold the election, or one of the Judges shall administer an oath or affirmation as follows : Oath You do solemnly swear (or affirm) that as clerk of this elec- Form of oath tion you will not use or assent to any falsehood, fraud or deceit, and that you will keep the polls and perform your duties truly,- faithfully and impartially, so help you God (or so you solemnly Additional affirm.) If in reading the votes and keeping the tally lists, it clerks shall become necessary to appoint one or more additional clerks the Inspector or other officer authorized by law to hold the elec- tion and Judges may do so, administering to each clerk so appointed the foregoing oath or affirmation, no other certificate Oath need be made of the oath or affirmation administered to the clerks than that contained in the form of the certificate of election prescribed in the sixth section. Section 14. Before opening the election the Inspector or bSoftoxes f other officer authorized by law to hold the election and Judges shall also examine the ballot box provided with a lock and key, and see that the same contains nothing. The box shall then be locked and the key delivered to one of the Judges, who shall ^ h o m d d eii keep the same, and the box shall be kept by the Inspector orered, by whom other officer authorized by law to hold the election or the other kept Judge so that the person having the key shall not have possession of the box till the same shall be opened as hereinafter directed. Section 15. The Inspector or other officer authorized by law to hold the election, and Judges of the election and the Clerk same room shall during the time of the election being open be and continue alc in a room or place by themselves, separate from the other electors, and no persons other than such inspector or other officer author- ized by law to hold the election, Judges and Clerk, during the time of the election being open shall be admitted within su room or place without the unanimous consent of the Inspector or other officer authorized by law to hold the election and the Judges, and if any person shall enter such room or place without others such consent such person shall be deemed guilty of a misde- en 62 Misdemeanor m eanor and upon conviction thereof, shall be fined not less than Penalty five hundred nor more than one thousand dollars, or be impris- oned for a term not less than one nor more than two years, or both at the discretion of the Court. room in Section 16. The Inspector or other officer authorized by law to hold the election, the Judges chosen as provided in Sec- tion 10 of this Act and the Clerk chosen as provided in Section 13 of this Act, shall be the only persons who may lawfully enter the voting room or place where the election is held, except as hereinbefore provided; and if any person or persons shall enter the voting room or place where the election is held before the hour of opening the polls on the day of election or at the time of opening the election, or at any time during the day of the election and before the hour of closing the election or attempt to enter the same for the purpose or interfering with the election interference, officers in the discharge of their duties as such or for any purpose, disturbance' or or shall attempt to molest, disturb, or prevent the election offi- cers from proceeding regularly with any general or special elec- tion, or shall take charge or attempt to take charge of any vot- ing room or place where the election is held within the time herein mentioned for the purpose of preventing or delaying an election, or for any other purpose on election day such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred nor more than one thousand dollars, and shall be imprisoned for a term not exceeding three years, provided that a single represen- Dative of each political party, having nominated a ticket, and such party being represented on the ballot then printed for any general or special election, may at the opening of the election be present to aid in the proper qualification of the several election officers, but as soon as the election officers shall be qualified or ready to open the election, or the proper hour therefor having arrived such representatives of each political party shall imme- TO retire when dj a tely retire from the voting 'room or the place where the election is held. Penalty to be present ing ur eiec f tion en ~ BV whom Voting Section 17. The general election shall be opened in every election district of the State on the Tuesday next after the first Monday in the month of November in the year in which the same is held, between the hours of *eight and nine o'clock in the morning, by the inspector, or other officer authorized by law to hold the election, making proclamation that the same is open. Section 18. Each qualified elector shall deliver a single ballot which shall conform to the requirements of the law of this State as to ballots for any general or special election, containing the names of persons voted for to the Inspector or other officer Amended. Sec Chapter 57, Volume 23. 63 authorized by law to hold the election, who shall audibly pro- nounce the name of the elector, which shall be entered in words ^try ^ at length upon a list of polls to be kept by each of the 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, Ballots not to the word "voted". There shall be no examination of a ballot e except to determine that it is single ; and the Inspector or other r officer authorized by law to hold the election shall, immediately T after pronouncing the elector's name put the ballot into the box in his presence, unless the vote shall be objected to. Section 19. The Inspector or other officer authorized by law to hold the election, shall not at any election receive or deposit e ceived in the ballot box the ballot of any person offering to vote until his name shall have been found in the list of registered voters as contained in the Book of Registered Voters delivered to him for the purposes of said election, and the Judges, or a majority of them shall be satisfied that the person so offering to vote is the person named in said list; but no objection to the vote of any person whos3 name shall have been found on said list as contained in said Book of Registered Voters shall be entered or consid- ered by the Judges of the elections except for the following rea- sons, to wit : First. That he is not the person whose name appears m said Book of Registered Voters. Second. That he has become disqualified as a voter since he was registered. If a vote be objected to for any of the reasons above men- S tioned its admission or rejection shall be determined according to the opinion of a majority of the judges ; and Third. That no person who shall receive or accept or offer Briber v to receive or accept or shall pay, transfer or deliver, or offer or promise to pay, transfer or deliver, or shall contribute, or offer or promise to contribute to another to be paid or used any money or other valuable thing as a compensation, inducement or reward for the registering or abstaining from registering of any one qualified to register, or for the giving or withholding or in any manner influencing the giving or withholding a vote at any gen- eral election in this State, shall vote at such election unless such person being challenged for any of said causes, shall take and subscribe to the following oath or affirmation which shall be administered by the Inspector or other officer authorized by law to hold the election : 64 Oath I, , do solemnly swear (or affirm) that I have not received or accepted, or offered to receive or accept, paid, or transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to con- tribute to another to be paid or used any money or other valua- ble thing as compensation, inducement or reward .for the regis- tering or abstaining from registering of any one qualified to register, or for the giving or withholding a vote at this election. Signed Sworn and subscribed to before me this day of November, A. D., 189 Inspector. Oaths to be conclusive evidence Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under Section 8 of Article V of the Constitution of this State. In order to enable the election officers to carry into effect the provisions of this Section, the Sheriff Book of oaths o eac fa coun ty 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 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 or affirmation when signed and attested as herein provided, shall be competent evidence in any proceeding against the party making the same. Delivery of Oath to be evidence Closing elec- tion Section 20. The election shall be continued open until six 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. Counting of votes Section 21. When the election shall be closed the Inspector 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 cus- tody 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 Inspector or other offi- cer authorized by law to hold the election, as provided in the 65 third section, it being first seen that the said box contains noth- ing, and the same being kept during the reading in the posses- sion of one of the Judges; and two clerks at least shall keep accurate count of the ballots as they are read, which shall be done on such tally lists as aforesaid, by writing the name of every person voted for in the margin under a designation 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 con- sisting of five dots and each clerk shall upon reading of the name repeat it with the number of the dots 'n the row pronounc- ing 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 counting of therupted votes shall be continued, without interruption or adjournment until completed. Section 22. When the reading and counting of the votes is completed the Inspector or other officer authorized by law to Certificates of ... 1 T t 1 11 r 1 1 i result, signing hold the election and Judges shall forthwith make and sign three certificates of the election in their election districts according to the form prescribed in Section 6 stating every office for persons Form 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 Certificate to be put in separate envelopes, which shall be furnished by the Sheriff, and said envelopes shall be endorsed on the face thereof with the words "Certificate of the votes cast in. . Entrv on .. ..-,..- . envelopes election district of Representative . . District at the general election in county, A. D ," and on the back of each envelope after the same Election shall have been sealed, the Inspector or other officer authorized ffi? ers to write , 1 1 1 1 1 t T i their names on by law to hold the election and Judges shall respectively write the sealing their names crosswise the sealing. The tally lists shall be signed by the Inspector or other Signing of officer authorized by law to hold the election, Judges and Clerks, tallylii and deposited with one of said envelopes containing a certifi- Deposit cate 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 Securing and and sealed with sealing wax by one of the Judges not being the D e a x lmg l! Inspector or other officer authorized by law to hold the elec- tion, one of the said envelopes containing a certificate and ballot boxes shall be kept by the Inspector or other officer author- 66 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. SrtificSes f and "Section 23. The presiding election officer, of each election ballot box district in the respective counties of the 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 election shall at the same time present the same to the said Court, and the said Court shall at the same time convene for the performance Duty of Court of the duties hereby imposed upon it; and thereupon the said Court with the aid of such of its officers and such sworn assis- tants as it shall appoint shall publicly ascertain the state of the election throughout the county and in the respective hundreds 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. To whom delivered Delivery to Court Canvass of election toro53?t Court For the purposes of this Section the Superior Court shall consist in New Castle County of the Chief Justice and the Resi- dent 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 the respective counties of this State; and in case the certifi- cates of election of any election district in the county shall not be produced or in case the certificates produced do not agree or in case of conplaint 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 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- SSes in8 ballot tro ^' anc ^ to P en tne ballot boxes and take therefrom any paper contained therein, and to make a recount of the ballots con- tained therein, and to correct any fraud or mistake in any certificate or paper relating to such election. Court to be Board of Canvass Powers of Court Section 24. If the presiding election officer of any election Death, sickness presiding eiec- district after the election shall die or be prevented bv sickness tion officer ,67 or accident from delivering the certificate of election, together 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 ^ t n e d s in e g t - c certifi - boxes for his election district shall be sent by safe and secure conveyance (for the safety of which the presiding election offi- cer or his executors or administrators or heirs shall be respon- sible 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 f e e s r u t 1 i t ficates of ascertained by calculating the votes as aforesaid the said Superior Court shall make under the seal of sa'.d court the following certificates, to wit: Three certificates of the election of electors of President and Vice-President of the United States, certifying 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. Fou\r certificates of the election of Lieutenant Governor, cer- tifying in words at length, the number of votes given for every 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 every person voted for, for that office. : Four certificates of the ejection of State Treasurer, certify- ing in words- at length, the number of votes given for every person voted for, for that office. Four certificates of the election of Auditor of Accounts, cer- tifying in words at length, the number of votes given for every person voted for, for that office. 68 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 Commissioners 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 Commissioners or of such of said officers as shall have been voted for at the said election. 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 Assessor for Hundred (in Sussex County) . One certificate of the election of Inspector for Election District of Representative District. 69 One certificate of the election of Road Commissioners for Hundred (New Castle County) . The said Superior Court shall inclose and seal up each o said certificates separately in an envelope, with an endorsement thereon describing the certificates inclosed. Upon the paper Endorsement inclosing the certificates of the election of Senator or Representa- tive in the General Assembly, the name of the person chosen shall be endorsed. The said Court shall deliver the ballot boxes to the Sheriff of the countv, to be by him kept and delivered as Delivery of 1 ., . ballot boxes required by law. to sheriff Section 26. The aforesaid certificates may be according tof e ^ c f tes the following form, to wit: The State of Delaware ............ County, ss. Be it remembered, that at the general election held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand ............ hundred and ........... for ................ County, accodring to the Constitution and laws of the State of Delaware (here insert, to wit: If the certifi- cate be of an election of electors of President and Vice-President, 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 respec- tive offices ; if the certificate be of an election of Senator or Rep- resentative in the General Assembly, or, of Prothonotary, of Clerk of the Peace, of Register of Wills, of Recorder, of Reg- ister in Chancery, of Clerk of the Orphans' Court, of Levy Court Commissioner or Commissioners, of County Treasurer, of Re- ceiver of Taxes and County Treasurer, of County Comptroller, of Sheriff, of Coroner, of Assessor, of Inspector or of Road Com- missioner, the names of the persons elected), which is mani- fest 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, according 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. 70 filling ? P f ^ n d the manner of making the insertion aforesaid may be certificates 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. 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. 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. 71 IN TASK OF SENATORS TO GENERAL ASSEMBLY. was duly elected Senator for the Senatorial district for said county in the General 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 Representative 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 OF CLERK OF THE PEACE. was duly elected Clerk of the Peace for County. IN CASE OF REGISTER OF WILLS. was duly elected Register of Wills for County. IN CASE OF RECORDER. was duly elected Recorder for County. IN 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. 72 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 elected 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. 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. 73 IX CASE OF ASSESSOR IN THE CITY OF WIL- MINGTON. was duly elected Assessor for Assessment District of the City of Wilmington, and so on, giv- ing certificates for each Assessor elected in the respective assess- ment districts in the City of Wilmington. IX CASE OF ASSESSOR IN NEW CASTLE COUNTY OUT- SIDE 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 Representative Districts in said county. IX 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. IX CASE OF INSPECTOR OUTISDE OF THE CITY OF WILMINGTON. was duly elected Inspector for Election District of Representative Districts for County, and so on, giving certificates for each Inspector elected in each election district in each Rep- resentative District for the respective counties. IN CASE OF ROAD COMMISSIONERS 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 27. If, by reason of an equal number of votes hav-Tie votes 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, 74 Hvered to Governor de- Delivery of certificates of election by Court Duplicate returns Delivery of Clerk of the Orphans' Court, Levy Court Commissioners, County Treasurer, Receiver of Taxes and County Treasurer, County Comptroller, Sheriff, Coroner, Assessor, Inspector or Road Com- missioner (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 certifi- cate 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 Vice-President, either personally, or by a per- son 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 trans- mitted 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 immedi- ately lodged with the Prothonotary of each county, and shall transmit, deliver and lodge one of each of said certificates of the election for Representative, or Representatives, in the House of Representatives of the United States to the Governor, and lodge the other of the said certificates in the office of the Clerk of the Peace of the county; and shall transmit, deliver and lodge one of the certificates of the election for Attorney General, for Insurance Commissioner, for State Treasurer and for Auditor of Accounts to the Governor and the other of said certificates in the office of the Prothonotary of the county; and shall trans- mit and deliver one of said certificates of the election of Sena- tor and one of said certificates of the election of Representa- tive in the General Assembly, in the office of the Prothono- tary for Kent County, and further shall deliver, on the first day of the meeting of the General Assembly after the election the other certificate of the election of Senator to the Senate, and the other certificate of the election of Representatives to 75 * the House of Representatives; and shall transmit and deliver one of said certificates of the election of Pro t ho notary, 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 Prothonotary ; and shall transmit and deliver the certificate of the election 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 certificate of elec- tion 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 certificates of the elec- tion 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 eercer parties cert fied to have been elected. The Prothonotary of tain certificates Kent County shall, on a,ny day of the meeting of the General A Assembly, deliver, if required, the certificates of election of Sen- ators or of Representatives to the order of the House to which it belongs, or to the person named in the endorsement thereon. Section 29. Each Inspector or other officer authorized by law to hold the election, shall, on the day next after the general etc., to cierkW 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 "voted", as the same shall have been made in said last mentioned 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. Section 30. The Sheriff shall preserve the ballot boxes sheriff to 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 Feb- ruary next after the election. If the term of office of the said Sheriff shall expire prior to the said last day of February, he 76 term r ^foffice s ^ a ^ deliver, within two days after the expiration of his term, ofsheriff " the said ballot boxes containing the ballots and other papers required by law to be placed therein, preserved in the same man- ner in which they were when delivered to him, to his successor in office, who shall safely and securely keep the same in the man- ner in which the same shall have been delivered to him, until the said last day of February next after the election. senate to com Section 31. The Senate shall have power to compel a deliv- ei na deiivery OI Sf ery to that body of the ballot boxes aforesaid, and for that pur- pose to order and cause to be arrested and brought before them R^saiof an y Sheriff having the custody of the said ballot boxes, and to adjudge him guilty of a contempt for neglect or refusal to deliver any such ballot boxes and to proceed against him accordingly, House of Rep- and the House of Representatives shall have power to compel hlfve^iike 63 to the delivery of said ballot boxes in like manner and by like power proceedings. Duty of Gov- ernor to examine returns Section 32. The Governor, after receiving the certificates of the State 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 Certificate of returns and declare the person or persons elected, and shall issue certificates of such election under his hand, and the same together Filing with the returns, shall be filed in the office of the Secretary of State, and the Governor shall by proclamation make public the Proclamation state of the vote by causing the same to be published in one or stat? o? r vote fmore of the public newspapers of the respective counties of this State, and shall issue commissions to the persons. Section 33. That all Acts or parts of Acts supplied- by this Act or inconsistent with the provisions thereof are hereby repealed and made null and void. Approved June 1, A. D., 1898. 77 CHAPTER 65, VOLUME 27. AN ACT to Further Provide for the Secrecy and Purity of the Ballot. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: Section 1. That hereafter it shall be the duty of each ei n eSion?utsid e Inspector of Elections in this State, outside of the City of Wil- of Wilmington mington, to provide a room for the holding of any general or rangements r for special election in his hundred or election district which shall ^^^ be adapted to the requirements of this Act. Said room shall R 00 m to be at be at the place now or which may hereafter be established bygjg^^; w law in each hundred or election district for the holding of elec-for election to tions, or in as close proximity thereto as practicable, having due be regard to the convenience of the voters. Provided, however, if change in that if any Inpsector shall select a place for the holding of any shlif general or special election in his hundred or election district, other than the one established by law, he shall do it in time to give the notice of holding such election required by law. Said fg room shall have a door or entrance of easy or convenient access, tion room and if practicable, a separate means of exit. It shall be provided on the outside with a passage at least four feet wide and with a railing, rope or wire on each side commencing at least thirty feet away from and leading to the entrance to such place of elec- tion 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 f^ec- separating the part of the room to be occupied by the election cers to be e P - officers from the remainder of the room. He shall also pro vide SSe^parTof a suitable table and chairs for the use of the election officers. room The table shall occupy such a position in the said room as to Arrangement of enable the election officers and the challengers hereinafter pro- el( vided for, to easily communicate with each other. He shall cause to be constructed in the room at least one booth for every one Number of 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 hundred or election district. The booths shall be at least three feet square and six feet high if the ceiling will admit it. They shall each contain a shelf properly constructed and a cardboard box fastened to the booth to con- 78 Construction tain the ballots hereinafter provided for, and they shall be so con- structed and arranged that all the election officers in the room can see whether more than one voter enters any one of them Sections e of fat an y one time. I n tne City of Wilmington it shall be the city of wii- duty of the Department of Elections to select the voting place kct g loting se " in each election district within the city and to provide the room make 5 a?rln ge - m wn i cn the election is to be held and to protect the same with ments in wii- the required railing or rope and to construct therein the neces- sary number of booths and to do all other things required to be done by the Inspectors of Election outside of the City of Wil- alngton in and about the furnishing and fitting up of said room. party to^dect Section 2. Each of the political parties may select and challenger to accredit some suitable person as a challenger to stand without eiection"roSn 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 select judge^t^sefect suc ^ P erson or perons as challenger or challengers it shall be the challenger in duty of the Inspector and Judges, to make such selection or selec- to e seiX aamSSife 1 tion may be filed by the proper officers of the State, county. district "or hundred committees. In case of a division in anytLSTdfcfefoo party and claim by two or more factions to the same party name in a Party the or title, figure or device, if the division occurs at a State conven- piS s t assem- tion, or extends throughout the State, the Clerks of the Peace b n j ^sp-ai^as of the several counties shall, within ten days after any one of them to name, title. has received the certificates of the contending factions, assem- sy ble in the office of the Clerk of the Peace at Dover and deter- mine which faction the name, title or figure properly belongs to, giving the preference to the convention held at the time and place designated in the call of the regularly constituted party 80 authorities; and if within five days thereafter the other faction shall present no other party name or title, figure or device and Peace 8 to* se?ect cert if Y tne same to the Clerks of the Peace the latter shall again Party name, 60 immediately assemble and select some suitable title, figure or ce device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certificate of the sf d e conten ^ ng . f actions sna11 not ^e received by the Clerks of the * Peace in time for them to assemble at Dover before publishing : 3 the device and list of candidates in the newspapers, then and in that case each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other fac- cierk of _the t i on Provided that in case of division in any party extending when 6 a. county only throughout a county, district or hundred, the Clerk of the sfon^SJes dm ' Peace in the county in which such division occurs upon the place receipt of certificates from the contending factions shall deter- mine which faction is entitled to the party name, figure or device and to have their nominations printed 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. cierks of the Section 5. The Clerks of the Peace of the several coun- Feace to pre- ....... , ...... .. ~~ ni serve aii certifi- ties shall cause to be preserved in their respective offices all x certificates of nominations filed under the provisions of this act months f or s j x months after the date of the filing thereof. t Section 6. Certificates of nominations herein directed to be i e d ^th the Clerks of the Peace shall be filed not less than election day twenty days before the day fixed by law for the election of the persons in nomination. of n p o u mine h es list Section 7. At least ten days before an election to fill any ten days before public office the Clerk of the Peace of each county shall cause to new^pape? 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 parties. in cities hav i -P rov ^ e( ^' that in all cities where a daily newspaper is published daify newspa-* such notice shall also be published in two daily papers represent- ?a r rtie p sto ic bl kig such political parties, if such there be. The lists of nomina- ' ^bScation in ^ ons Polished by the Clerk of the Peace shall be arranged as whenever 011 far as practicable in the order and form in which they will be possible 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 certifi- cate of nomination shall have been filed in his office who shall 81 have notified him in writing duly signed and acknowledged that he will not accept the nomination. The names of such candidates shall not be included in the names of the candidates declines a nom- to be printed on the ballot as hereinafter provided. SSaS t? ! Clerk of the Peace Section 8. The Clerk of the Peace in each county shall Names of can- cause the names of all candidates to be voted for in his county S^^iETcS* and the several hundreds or districts in the same to be printed UI ns H nder 11 1 1 i 11 ^ 11 f party device 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 and device to be selected by the Clerk of the Peace. The ballots Ballots to be of shall be of uniform size and of the same quality and color of paper "Sd^s^nie^Li and sufficiently thick that the printing cannot be distinguished ity of m paper 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. 82 DEVICE DEMOCRATIC PARTY DEVICE REPUBLICAN PARTY For Electors of President and Vice President JOHN DOE For Electors, etc. JOHN DOE For Electors of President and Vice President JOHN DOE For Electors, etc. JOHN DOE For Electors, etc. JOHN DOE For Electors, etc. JOHN DOE For Governor JOHN DOE For Governor JOHN DOE For Lieutenant Governor JOHN DOE For Lieutenant Governor JOHN DOE i 83 Section 9. In case of the death, removal or resignation of J^or removal any candidate after the printing of such ballots and before such of candidate election, it shall be lawful for the Chairman of the State, county, ofbaiSJf ^ hundred or district political organization by which such candi- Chairman of date was nominated to make a nomination to fill such vacancy ty? hundr and to provide the election officers of each election district in ^"Jani which such candidate is to be voted for, with a number of pasters to mi vacancy containing only the name of such candidate. Said number to be at least equal to the number of ballots provided for each elec- tion district as hereinafter provided, and to deliver said pasters in the same manner as it is hereinafter provided that ballots shall be delivered. Section 10. The Clerk of the Peace in each county shall cierk of the cause to be printed within the State of Delaware, in the form hereinbefore provided, not less than fifteen ballots for every voter in each hundred or Election District in his county, and the num- ber shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding 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 the said Clerk of the Peace, according to the best information he can obtain. The Clerk of the Peace in each county, in addition to the above men- ^ t f tioned ballots, shall cause to be printed such further number of printed in ad- ballots as shall be directed by the Chairman of any committee numbe/of bai- of any political party, in any county, provided, however, that said Clerk of the Peace shall not have printed any ballots upon the order or request of any Chairman of any political party Ktkai part unless the said request shall have been made to him in writing j^ d n 23 e it at least thirty days prior to the holding of the Election at which cover cost the said ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the said Chairmen of the various polit- ical parties shall be delivered to the said Chairmen or to their agents upon their request or order, at least five days before the Chair Election at which the said ballots are to be used. In addition to the ballots so ordered by the Chairmen of the various politi- cal parties, the Clerk of the Peace shall deliver to each Chair- man of the various political parties, two ballots for every voter in each hundred or Election District, who at the last preceding election cast his ballot for the head of the ticket of such political party, which ballots shall be furnished to the County Chairmen free of all charges. The Clerk of the Peace shall cause the ballots, other than those delivered to the Chairmen of the various politi- cierk cal parties for each hundred or Election District, to be caref ully wrapped and tied in two packages. One of such packages shall ^J 1 ^ 5 f e r e Tf h contain two ballots for even- voter in each hundred or Election charge 84 oTbai- District in his county, and shall be retained by the Clerk of the i?ackage nted in Peace, and the ballots therein contained shall only be used to take the place of any ballot that may have been destroyed 01 lost by any accident or casualty. The other packages of ballots shall be delivered by the Clerk of the Peace in the manner herein- after provided for. The Clerk of the Peace in each county shall also provide ungummed envelopes of a sufficient size to contain the ballot to be used at any election. Each envelope shall have printed thereon, O fficial Envelope - vide ungummed envelopes T> For Representative District Number ...... Date of Election. . Clerks of Election sha11 be signed by the Clerks of Election on the lines above envelopes the words, "Clerks of Election". k) r ur each ve iote? He sna ^ nave prepared four envelopes for each voter in each hundred or Election District in his county, and the number shall be ascertained in each hundred or Election District by reference to the highest number of votes polled therein at any preceding 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, Enveiope-s^to according to the best information he can obtain. The Clerk of packages 1 " the Peace shall cause the envelopes for each hundred or Election District to be carefully wrapped and tied in two packages, one package containing one envelope for each voter in each hundred or Election District, in his county, and shall be retained by the Clerk of the Peace, and the envelopes therein contained shall only be used to take the place of like envelopes that may have Package been destroyed or lost by any accident or casualty. The said Safe k d d * packages of envelopes shall be plainly marked and securely sealed with wax. The Clerk of the Peace in each county shall also Pencils to be provide, and inclose in each of said packages, not less than one dozen black or indelible pencils or crayons and a sufficient num- ber of rubber bands to secure the number of envelopes in each hundred or Election District. 85 Section 11. It shall be the duty of each Inspector of Elec- tion outisde of the City of Wilmington to appear at the office side of wu- of the Clerk of the Peace of his county on the day preceding the f cierks election before the hour of three o'clock in the afternoon, and the J* ^eive ffi bli- Clerk of the Peace shall deliver to him the packages of ballots, lots, envei- envelopes, pencils, and rubber bands for his hundred or Election opes> etc> District, and the said Inspector shall safely keep the said pack- ages arid produce 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 pack- ages herein mentioned, for his hundred or Election District by the hour of three o'clock in the afternoon of the day preceding the election, the said Clerk of the Peace shall deliver said pack- ages to some trusty person who .shall deliver them on the day peace to make of the election to the Inspector of Election, of such hundred or delivei 7 to , . .... , f .,. ... ..., some trusty election district at the place of election and immediately upon person when the qualification of the election officers. Slj fa In the City of Wilmington it shall be the duty of the Presi-^ D f^ c . dent of the Department of Elections, or in case he cannot attend tions in wn- some other member of the Department of Elections authorized {Sv??harg ( e of in writing bv the President of the Department of Elections to distribution of ~, - . ~. - - XT X-A 1 ballots, envel- appear at the office of the Clerk of the Peace of New Castle opes, etc., ob- County on the day preceding each election on or before the hour SJS^faSktii of three o'clock in the afternoon, arid the said Clerk of the Peace the Peace shall deliver to him the packages provided for each election dis- trict of the City of Wilmington and the said Department of Elections shall safely keep the same and deliver to said board of election officers and at the polling place on the day of the elec- tion at the time provided by law for the delivery of the ballot boxes, the ballots, envelopes, pencils and rubber bands intended for their several and respective districts. Section 12. If by any action or casualty the ballots or LOSS of ballots envelopes delivered to any Inspector or other person by any or envelopes Clerk of the 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 whereupon such Clerk of the Peace shall at once re-supply such c^ dk e ^ c of to person. In case such person having in custody said packages report 'loss "to fails or refuses to report and make proof of the * loss, any quali- p l ^ e O a f n d he 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 found no ballots or other necessarv means or contrivances for 86 OT h means all of ts votm g> at tne opening of the election it shall be the duty of the voting are lack- election officers at such election place to secure the same as speed- o^cers ec to n act ilv as possible, and, if necessary, such election officers shall have pScc^same "r Danots printed or written and envelopes procured; provided, devise a means however, that such ballots and envelopes shall conform as nearly as possible to the official ballots and envelopes 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 and envelopes prescribed in this Act. Section 13. 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 packages of ballots and envelopes. He shall place in ox P rov ided in each tooth, at least ten ballots, and at ten ballots to all times during the election it shall be his duty to see that at least ten ballots are kept in said boxes in said booths. He shall then s to e cie?k deliver to the Clerk of the Election, of the opposite political of opposite po- party from his own, twenty-five of the envelopes. The Clerks of the Election shall at once proceed to write their full names in tkfn k towrit?~ i 1 ^ i n the places designated on the envelopes in their ordinary full names on handwriting and without any distinguishing mark of any kind. As each successive elector calls for a ballot and envelope, the Clerks of the Election having custody of the ballots and envelopes shall deliver to him the first signed of the twenty-five envelopes, and one ballot, and the Inspector shall immediately deliver to the said Clerk of the Election another envelope which the Clerks of the Election shall at once sign as before, and add to the envel- opes already signed so that it shall be delivered for voting after all of those theretofore signed. Pe e a r c k e to ^int Section 14. The Clerk of the Peace of each county shall on cards ex- cause to be printed in large type on cards, in English and such iaw ct fn EngH e sh other language as he may deem necessary, instructions for the iTn d g u S age h s as h he ^ ui( ^ ance ^ electors m preparing their ballots. He shall fur- may deem 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 and envelopes for his hundred Deliver Beards or Election District. Each Inspector shall cause to be posted who n sS t0 post one of each of said cards in each place or compartment provided them or th e preparation of ballots, and one of each kind of such cards at or near to the outer end of the enclosure leading to the poll- ing 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. 87 Said cards shall contain full instructions to the voters as to what must be done: First, to obtain ballots and envelopes for voting; Second, to prepare the ballots for voting; Third, for depositing the ballot in the envelope; Fourth, to obtain either a new ballot or an envelope or both in place of either or both accidently defaced, mutilated or spoiled, also copies of Sections 30, 31, 32 and 33. Section 15. One challenger appointed and designated by each political party as hereinbefore provided shall be entitled to party to stand stand at the side of the passage and near the entrance to the ?om n but"no room. No other person shall remain within thirty feet of said { b StS thirty entrance except for the purpose of offering his vote, except as feet of entrance hereinafter provided for, and voters shall approach and enter w the passage in the order in which they appear, for the purpose of voting. If any person offering to vote shall be challenged by one of such challengers, or by one of the Election officers, his officers to de- right shall be at once determined by the proper officers, and to^fe ri 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 foot space around the entrance to the room. Section 16. When a voter shall have been passed by the challengers, he shall be admitted to the election room ; provided, however, there shall not be in the room, at any time more than one voter for each booth therein. On entering the room the ^ Jf r ^J n voter shall announce his name to the Clerks of Election, who each booth ai- shall register it, and one of said Clerks shall deliver to him an lc " envelope and ballot furnished to the Election officers by the Clerk of the Peace. The voter shall then, and without leaving S^ ^?; the room, go alone into any of the booths which may be unoc-ope to go alone cupied and deposit the ballot which he desires to vote in envelope handed him by the Clerk, and on leaving the booth, in or compartment, he shall deliver the -envelope containing the lot to the Inspector or the Judge who may temporarily be author- ballot therein ized to act for the Inspector, who shall forthwith in the presence officer * 1 ' of the voter and of the other election officers place a rubber band about the said envelope in such a manner as to keep the ballot placed therein from slipping out of the said envelope and shall deposit the said envelope in the ballot box, and the Clerks of the election shall write the word "voted" after the name of Voter to leave the voter on the poll list. The voter shall immediately after room i voting leave the room, and upon his refusal to do so ma 88 ejected therefrom. But no voter to whom an envelope has been delivered shall be permitted to leave the room without voting or returning the said envelope to the Clerk of the Election. Any ^e?m e itt v edto e be 7 oter wno Sn . a11 attempt to leave the room with the envelope taken from in his possession shall be at once arrested on demand of an elec- 1 tion officer. S th o e btaTn e in h g 0ds Section 17. It shall be lawful for any voter to secure a ballot at any time from the Chairmen of the various political parties or from any other source whatsoever, and to mark the same at any time and at any place before voting the same, and to carry the ballot which he has marked to the designated poll- ing place in the hundred or election district of which he is a reg- istered and qualified voter and there to vote the said ballot in the manner heretofore prescribed. one Sr'soVin^ Section 18. Not more than one person shall be permitted booth at one 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 to deposit the same in his envelope, and in no event longer than three minutes. No more than one person for each booth in the room, other than the election officers shall be permitted to enter or be in the election room at any one time except as hereinafter provided and no voter or person offering to vote shall hold any conversation or communicate with any other person than an election officer while in the election room except as hereinafter provided. aTe e spoid o S r Section 19. Any person who shall by accident or mistake defaced voter spoil or deface or mutilate his ballot or envelope, on returning othe r r e e n "the spoiled ballot or envelope to the Clerks of the Election and satisfying the'm that such spoiling, defacing or mutilation was not intentional, shall receive another ballot or envelope or both in place thereof, and such Clerk shall make a minute of the fact Spoiled ballot on ^ e P^ ^ s ^ s a ^ ^ e time, an d the mutilated ballot and envelope to be de- shall then be destroyed bv the elector in the presence of the election officers. Assistance in Section 20. Any person who shall be physically unable to SfowSFundCT* prepare or fold his ballot or deposit Ms ballot in his envelope t?ons in ondi " ky reason of defective eyesight or the los's of the use of one or both hands, or inability to walk with safety without assistance as manifestly renders him unable to prepare or fold his ballot, or to deposit his ballot in his envelope, or to reach the polling place alorte with 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 to the polling district, for the purpose 80 of rendering him the necessary assistance, and no yoter shall receive any other assistance in voting than that herein provided for and the office of the so called voter's assistant is hereby expressly abolished. abolished In case any elector shall feign any of such physical defects, he shall be guilty of a misdemeanor and upon conviction thereof tance is feigned by indictment shall be fined one hundred dollars and shall be imprisoned for not more than two years. Section 21. No Inspector of election or Judge acting for the Inspector shall deposit any envelope upon which the names of the Clerks of the election as hereinbefore provided for, does bearing e d?tin- not appear or any envelope on which appears any distinguishing ^^e^ced^to mark, defacement or mutilation; provided, however, that no be deported in mark shall be considered distinguishing, and no envelope shall ball ' be considered defaced or mutilated unless it plainly appears that it was the intention of the voter to so mark, deface or mutilate his envelope. Section 22. The election officers before entering upon the ^lectio ^officers duties of their office shall each take an oath that he will not in before 6 Entering any manner attempt to influence, intimidate, persuade, bribe or ;g s their coerce any voter in the marking of his ballot or in the making Character of the choice of the person or persons for whom he votes, and that O f oath he will not disclose the manner in which any person has voted, and any election officer who shall violate his oath in any of these particulars shall be guilty of wilful and deliberate perjury, and upon conviction thereof by indictment he shall in addition to the Penalt for penalties and disabilities annexed to such crime be fined not vi'oiation r more than five hundred dollars and may at the discretion of the Court be imprisoned not exceding two years. Section 23. Whenever under any provision of the laws of this State any voter or elector at any election hereinafter to be held in this State is required to indicate on the official ballot the candidate for whom he desires to vote at such election by marking his ballot in such manner as to indicate for whom he casts his vote such voter or elector at any election aforesaid shall indicate his choice of candidates aforesaid by marking his ballot with a black or indellible lead pencil or black crayon in the follow- ing manner: Rules for the When any elector desires to vote a straight ticket, that is ng of the to vote for all of the candidates of a party appearing in the party cross mark column on the ballot he shall place a cross mark or "X" " 11 the square at the head of the party column containing the names ^ d{ ^ te f^ of such candidates. In the event that any elector does not any one party 90 Cross mark or desire to_ vote for all of the candidates whose names appear in a't X ieft n oTthS an y one P art y column he shall place a cross mark or "X" in the names 9 f can- square at the left of the name of the candidate for whom he straight Ballot desires to vote, and he may also scratch out the name of the is not voted candidate for whom he does not desire to vote, or he mav do May scratch .. -, out the name Cltner. of a candidate All ballots cast at any election shall be counted for the per- AII ballots to sons f r wnom they were intended so far as such intention can be counted for be ascertained therefrom and in determining the intention the those for whom / 11 < 1111 1 i they were in- following rules shall be observed: tended to be cast Rules to be de- First. If the elector shall place on his ballot a cross mark cerShitng in th a e S " or " x " within the square containing a party designation at TOtT 1 f the t ^ ie h ea/ d f the column he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or unless in some other column he shall have placed a mark in the square at the left of the name of some other candidate for the same office. Second. When the voter shall place a mark against two or more names for the same office he shall be deemed to have voted for none of them and the ballot shall not be counted for either candidate therefor, but shall be counted for such other candidates as it is the evident intention of the voter to vote for. If a name be Sdt n itSii Third. If any name be written on any ballot the ballot be void ' shall be void and not counted. Fourth. When the elector shall have made a mark in the square at the left of the name of a person in the proper place he shall be deemed to have voted for that person although he shall have omitted to erase or scratch out the name printed in any other column for the same office. Fifth. A ballot put in without any marks shall not be counted, a*nd a ballot not marked at the top shall be counted only for the persons for whom the marks therein are applicable. Names of the Section 24. In the counting of the votes any ballot con- iiectfon f neces- tamed in an envelope which is not endorsed with the names of ^have^ 6 Clerks of the election as provided in this Act, and any ballot unted which shall bear such a distinguishing mark that it is apparent Ballot having a that such distinguishing mark was placed thereon with the intent ' of the voter, or any ballot which is contained in any envelope 91 which shall bear any such distinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidate or candidates affected thereby; provided, however, that such ballots and envelopes and Disputed bal . all disputed ballots and envelopes shall be preserved by the inspector and at the close of the count, placed with the seals of the envelope packages in the box into which the ballots shall have been put when read. If any envelope should be found to contain more than ballot none of the ballots contained in that envelope shall be than one ballot counted. The election officers shall also record on the tally list memoranda of such ballots and envelopes and the condition of the seal of the envelope packages ; and in any contest of election such ballot, envelope and seals may be submitted in evidence. Immediately on closing the polls, the envelopes remaining unused u se t shall be counted and destroyed by the election officers of the sev- stayed at e c iose eral hundreds or election districts by totally consuming by fire of election and the election officers shall certify the number of envelopes so destroyed by them on the respective tally lists. In the counting of the ballots each ballot shall be removed ^ n ^ g ns for from its envelope and counted for the candidates voted for ballots thereon and immediately returned to the envelope from which it is taken and secured therein by a rubber band,' and the said envelopes and ballots after the count is made shall be returned to the ballot boxes from which the are taken. Section 25. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the ballots Peace to print and envelopes printed and prepared according to the provisions {SS??hein e of this Act, or shall neglect or refuse to deliver them in time to the parties properly entitled to receive them, or shall neglect or refuse to do or perform any other duty in and about the prepa- ration and distribution of the ballots and envelopes 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 Penalty for the discretion of the Court be imprisoned for not less than one nor refusal more than five years. Section 26. If any person being an election officer shall reveal to any person how any elector has voted, or what person veai vote or persons were voted for by him on any ballot or give any infor- mation concerning the appearance of any ballot voted or envelope used, such person or persons so offending shall be cmilty of a 92 misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be impris- oned not less than two and not more than five years. Section 27. 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 Defacing or de- knowing the same or any part thereof to be falsely made ; or ?naSon g *ertifu~ suppress any certificate of nomination which has been duly filed c ate or any part thereof or forge or falsely make the official endorse- ment of any ballot or envelope or either of them ; or print or cause to be printed any imitation ballot or envelope 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 Penalty for upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the discre- tion of the Court not more than five years. Penalty for Section 28. If any Clerk of the Peace, Inspector of Elec- violation by 1 f T-M , T 1 * t-w .i> officers men- tion, Clerk of Election or Judge of Election or trusty person shall wilfully violate any of the provisions of this Act in the per- formance 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 imprisoned for a term not exceeding three years. ' ghenff x ak e Section 29. The Sheriff shall make the ballot boxes and the andtaiiv x iists tally lists and all other papers to be delivered to the several inspectors conform to the requirements of this Act. The inspector or trusty person for his services in receiving and delivering at the S m uvering P^ ace ^ holding the election as aforesaid the packages containing packages- of the ballots and stamps shall receive two dollars. ballots, etc. Section 30. If any person not herein authorized so to do shall enter or attempt to enter the election room, or enter or Attempt to attempt to enter within the railing leading to the entrance of the room fn c yiSa- election room, or shall remain within thirty feet of the polling tion of this act pi ace contrary to the provisions hereinbefore made, he shall be guilty of a misdemeanor and on conviction thereof be fined not more than two hundred dollars. Section 31. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the 93 name of any person or any sign or device of any kind as a di languishing mark by which to indicate to any other person how tor to place such elector has voted, or shall enter into or attempt to form any SS^TbSt agreement or conspiracy with any other person to induce or ?J^ re f e r nalty attempt to induce electors or any electors to so place any distin- guishing mark or name on his ballot whether or not said act be committed or attempted to be committed, such persons so offend- ing shall be guilty of a misdemeanor and on conviction be impris- oned for not exceeding two years. Sect'on 32. If any person shall induce or attempt to induce ^us^aV'eiec- any election officers to violate any of the provisions of this Acttwn officer to whether or not such election officers shall violate or attempt to and penalty M violate any of the provisions of this Act, such person so offending therefor shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preceding section to the election officers at the opening of the polls and each member thereof shall thereupon take an oath that he has not violated and will not violate the provisions of said sections. Section 33. Any person who shall during the election re- Removal or de- move or destroy any of the supplies or other conveniences placed I U ppiiS n and in the booths as aforesaid or delivered to the voter for the purpose "Si'Too'm 6 an C d' of enabling the voter to prepare his ballot, or shall during the penalty there- election remove, tear down or deface the cards printed for the f01 instruction of the voters, or shall, during an election destroy or remove any booth, railing or other convenience 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 com- mitted or attempted to be committed shall be guilty of a misde- meanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year. Section 34. All necessary costs and expenses incurred by the inspector and Clerks of the Peace in carrying into effect the th^ ^ct to be provisions of this Act shall be paid as other County expenses Sinty 8 ex- er are paid, except however the ballots ordered to be printed by the P enses County Chairmen of the various political parties shall be paid for by such political party as shall order the same. Section 35. At the first General election held after the t f approval of this Act, it shall be the duty of the Clerks of thepi.y each voter Peace of the various counties to mail, as soon as he conveniently baiiot a a t ai fi?st can after the last registration day to each voter registered in county, a sample ballot, with instructions how to mark and vote the same, but the provisions of this section shall apply to only the next preceding election after the approval of this Act. 94 municipal 'eke- Section 36. This Act shall apply to all municipal elections in wii- held in the City of Wilmington, but it shall not apply to the election for members of the Board of Education in the City of Wilmington. Board of Edu- Section 37. All acts or parts of acts inconsistent with this Act are hereby repealed, provided, however, that nothing con- tained in this Act shall repeal, alter or in any way affect the chapters 36 validity of Chapters 36 and 38, Volume 21, Laws of Delaware, not affected' 2 ^ or ^Y ^ tne provisions thereof, or any of the acts amendatory thereof, or any of the provisions of any such amendatory acts. Approved March 10, A. D., 1913. 95 CHAPTER 42, VOLUME 26. AN ACT fixing the compensation of Election Officers at General and Special Elections held in this State. Be it enacted by tlie Senate and House of Representatives in General Assembly met: Section 1 . From and after the approval of this Act, Judges Compensation of Election, Inspectors of Election and Clerks of Election shall SffiS? 01 each be entitled to receive Five Dollars for each day's service rendered by them in holding any General or Special election in this State and Three Dollars for each day's service rendered by them for duties required of them or any of them on any other day than the day upon which such general or special election is held. Section 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved March 28, A. D., 1911. 96 CHAPTER 396, VOLUME 20.** AN ACT to Further Provide for the Secrecy and Purity of the Ballot Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Who may be Abolished Section 1. (*) Provided, that any person who shall be physically unable to prepare, ***or fold his ballot by reason of such defective eye- sight, or the loss of the use of one or both hands, or inability , to walk with safety without assistance, as manifestly renders him unable to prepare, (**) ***or fold his ballot, or to reach the polling place alone with 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 Feigning phys- than one, such as a total disability to walk) of the polling dis- mtsdwnSnor trict for the purpose of rendering him the necessary assistance. In case any elector shall feign any of such physical defects he Punishment shall be guilty 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. Printing of ballots Stamping ballots Changing ballot 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 elector desiring to vote at any such election shall stamp his bal- lot 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 nominated 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 Marked ballot and is hereby declared to be A a marked ballot and void and shall not be counted. * Amended. See Chapter 64, Volume 22. ** See Chapter 65, Volume 27. 97 Challengers to Section 3. That the challengers of the Democratic and Republican parties, respectively, chosen for any general or spe- 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 xhallengers shall be stationed out- side the entrance to the polling room, and shall not be allowed Resisting inside of said room. Any person resisting such challenger challengers shall be deemed guilty of a misdemeanor and upon conviction thereof by indictment shall be fined not more than one hundred dollars, and may, at the discretion of the court, imprisoned for a term not exceeding one year. *Such challen- j count ger shall be appointed by the respective county committees the two leading political parties. political parties Section 4. The County Committees of the Democratic andj udges , how Republican parties in each county shall name and select each a selected Judge of Election for each election district outside of the City cf 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 par- ties" now occur, or words equivalent thereto or so designating 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 Committees may each select and designate one suitable, repu- table and sober person as a special officer to stand at the entrance polling place 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 regu- late the admission of persons to the polling place, and while so stationed and performing their duties as herein provided, the persons so designated shall be clothed with all the powers of officers of the peace as those now given by law to inspectors of election, and any person resisting such special officer shall be ' deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall be fined not more than one hundred dollars and may, at the discretion of the Court, be imprisoned 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 after- wards at any time during the day of the election and before the act * Amended. See Chapter 49, Volume 26. 98 hour of closing the election, if any person or persons shall enter the voting room or attempt to enter the same for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose, or shall attempt to molest, 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 within the time Misdemeanor 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 shall be Punishment fined not less than three nor more than five hundred dollars, and shall be imprisoned for a term not exceeding three years, Each party provided, that a single representative of each political party, SnTed be a t r the*" having nominated a ticket, and such party being represented preparation for on the ballot then printed for any general or special election, eiection nmg f 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 therefor having arrived, such representatives of each political party shall immediately retire from the election room; provided, further, that such per- sons may first vote before retiring if they shall so desire. Clerks of Peace Section 8. That in addition to the duties now required of folded^ ' ts 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. c?erks ls of f eiec- Section 9. That the clerks of the elections shall write their tjon on back of 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 Folding ballot 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 elec- tion shall be exposed. Section 10. In case any elector who may be selected to nature of vote ass i s t any person by reason of the physical defects hereinabove 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 99 information concerning the appearance of any ballot voted, such elector or electors so offending shall be guilty of a misdemeanor Misdemeanor and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned not less than one nor Punishment more than three ears. Section 11. That if any inspector of election, judge election, clerk of election or challenger, shall in any way or man- ting unlawful ner or by any means or device whatsoever make known or com- ac 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 fined not less than one hundred dollars and . . - 1 r ".rumsnment may, in the discretion of the court, be imprisoned for a term not exceeding one year. Section 12. That if any person other than the election Secreting officers shall secrete or attempt to secrete himself in any part room of the polling room during the hours of the election for any pur- pose whatsoever, he shall be deemed guilty of a misdemeanor Misdetneanor and upon conviction thereof he shall be fined not less than one .. ,-! 1 . / 1 ,1 Punishment hundred dollars, and may in the discretion of the court be imprisoned for a term not exceeding one year. Section 13. If any Clerk of the Peace, Inspector of Elec- Any^. violation 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 Misdemeanor deemed guilty of a misdemeanor and upon conviction thereof 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 imprisoned 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, Mav 20. 1897. * This word omitted in enrolled bill. 100 CHAPTER 39, VOLUME 21. AN ACT to Enable the Qualified Voters in the Military or Naval Service of this State or of the United States to Exercise the Rights of Suffrage. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Voters engaged Section 1. That whenever any of the qualified voters of mv^slrvlce 01 " this State shall be engaged in the military or naval service of this State or of the United States, and as such absent from the hundred, election district or ward or their residence on the days appointed by law for holding County, State, Congressional or Presidential elections within this State, or on the days appointed in writs of election issued by the presiding officer of either house of the General Assembly or the Governor for holding 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 Right to vote were present at their usual places of election, notwithstanding 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 quarters of the captain or other commanding officer thereof, 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. Hours of voting Section 3. The polls shall be open at ten o'clock in the morning and close at five o'clock in the afternoon. ?ppSnt n m tnf of Section 4. At ten o'clock in the morning on the day of election officers election the voters present at each of the polling places afore- 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. Oath of officers Section 5. Before any votes shall be received said Judges 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 may administer 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. 101 Section 6. All elections shall be by ballot and the Judges Ballot of election may, and upon challenge of any voter shall examine Challenge under oath such voter (which oath any of the Judges may admin- ister) 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 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 Entries 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 entered opposite his name. As soon as the ballot of the voter has been deposited in the ballot box, the Clerk 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 authorized 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. Section 9. At the close of the polls, the poll lists of each * ting of county shall be counted and the number of names of voters thereon written in words at the foot of the lists, and the lists shall be signed by the Judges and Clerks under oath or affirma- tion declaring them to be true and correct lists of those from Signing lists. whom they have accepted ballots, and any blank spaces on such etc lists between the names of the voters, and the election officers shall be checked through in ink. Section 10. After the poll lists are signed the ballot boxes g?iST ion f 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 he counted. A count shall be kept of the number 102 Count Envelopes Certificates 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 for the purpose. The Judges shall then certify under oath or affirmation as to the number of votes returned by them for the respective counties of the State, this certificate together with Securing ballots "the lists of those who voted as kept by the Clerks, shall be placed in envelopes m suc h envelopes. The envelopes shall be marked plainly in the name of the prothonotary of the proper county; it shall be sealed and held by them jointly until collected by the persons assigned by the Governor of this State, as Election Messenger, to go upon the field and collect these returns which shall be depos- ited by them in a lock pouch, which shall be locked with two 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 s ^ a ^ be pl ace d the .returns for each county. As soon as they have gathered the election returns they shall lock the pouches and shall take them jointly with the greatest speed to the Pro- thonotary of the county to which they belong; notifying the Prothonotary in advance upon what train to expect the returns if they are to be brought in by train. Collection of Locked pouch Collection and conveying of returns Delivery to Boa.d of Can- vass Section 11. The Prothonotary of the county receiving the returns shall keep them as other election returns of the State received by him, and shall deliver them to be counted by the Board of Canvass which shall open the ballots and count them as other election returns made from voting precincts within the State. Appointment Section 12. The Governor shall at a suitable time in viaifcaim>8 advance of the election designate two persons who shall be mem- with i ots, k ers of different political parties, whose duties it shall be to visit any encampment contemplated in this Act,, (a'nd where there is more 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 To collect votes information and paraphernalia necessary to be had at a place of 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. '"Section 13. The ballots used at the pulls herein provided^ 45 of ballot 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 offi- cers nominated by the different political- parties throughout the List of nomi- State shall be furnished to be posted at each polling place for ne the convenience of the voters. Section 14. The registration officers of this State shall keep during the registration of voters, separate lists of all those whose separate list of names that have been registered by them as returned for regis-?umed r by tering by the Auxiliary Registrar provided under the laws of^Hary i 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 fur- nished to the election officers at the polls provided for in this Cle f rk ra g h peace act. He shall also furnish them complete lists of the registra- copies, <*c. 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 fJS^er in Section 12 of this act, shall be commissioned by him as Elec- tion Messenger and shall take their commission with them as evidence of authority when their authority is questioned. They oath, etc. shall be sworn and shall qualify as other election officers. Section 16. If any person shall at the election herein pro- vided for violate the election laws of this State by voting or attempting to vote more than once at any election, falsifying the count or returns in any manner, they shall upon conviction be p en aity disfranchised for a period of ten years from the date of such conviction. Section 17. The election messenger herein provided for compensation shall be paid a per diem equivalent to that paid to a judge of of messenger 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 expenditure sub- mitted by them. Section 18. When two or more ballots are found folded or Double ballots rolled together they shall be adjudged fraudulent and not returned. The election officers shall note, in their returns, the number of rolls or folds of ballots so thrown out as fraudulent, in order to *Amended. See Chapter 65, Volume 27. 104 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 parts 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 met: Section 1. A primary election within the meaning of this act is an assemblage of voters who are members of any political 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. TO be by ballot 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 delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall Throughout be by ballot. The primary election for any political party, t?me ty at same organization or association for the nomination of the same class of candidates to be voted for at any subsequent election, or for the selection of delegates or representatives to any political con- vention thereafter to be held for the purpose of selecting can- * See Act extending provisions to Kent and Sussex Counties, Chapter 66, Volume 27. 105 didates as aforesaid, shall be held in the several hundreds at the Notice same time. Notice of the time and places for holding all pri- mary 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 NO two parties 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, xot more than organization or association in any one year. SSi jrty for Section 3. That every primary election hereafter to be held ^ J f eld el ^ by any political party, organization or association for the pur- tion 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 HOW composed one inspector, who shall be a judge and the presiding officer, and a pp inted 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, organization 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 proceed 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 presiding officer, judge or judges, two qualified voters of the district to be nomi- nated and appointed by the electors shall be the judge or judges. Section 4. That the inspector of each election district for inspector all primary elections hereafter held in New Castle County, (out- side the City of Wilmington) under the direction of any politi- cal party, organization or association shall be the person who was the candidate of the political party, organization or asso- ciation 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 with- out regard to the division of any hundred into election districts for general election purposes, trie 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 regularly organized and constituted County Committee or'gov- 106 erning authority of the political party, organization or associa- judge?m r and tion holding such primary election. The inspector and judges Wilmington of all primary elections hereafter held in the City of Wilmington 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 Terms of office e i ect ion. The term of office of said inspectors and judges shall be for one year. Said committee or governing authority shall designate which person shall act as inspector, and which per- Ouaiifioations sons sna ^ ac ' t as judges of such primary elections. The persons so appointed shall be residents of the primary election district 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 Vacancy person designated in this section to be inspector of any primary election shall die, remove from his primary election district, or be for any reason physically unable to attend in his primary election district at any primary election held by his political party, organization or association, then the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such pri- mary election shall appoint an inspector to fill the vacancy Primary eiec- thereby created. If any political party, association or organiza- not n hlvmg rt in tion desires to hold a primary election for the purpose of nomi- inspector nating candidates for public office, and there is no recognized 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 number of recognized members for said purpose, then the regularly organ- ized and constituted County Committee or governing authority of such political party, association or organization shall appoint the inspector and judges to hold such primary election. In Refusal of ap-case of refusal or neglect on the part of any person designated act by this act or appointed pursuant to the provisions hereof to be an inspector or judge, as the case may be, of any primary elec- tion, to qualify according to the requirements of this act, or to Penalty serve, or to act, he shall be liable to a penalty of two hundred HOW recovered dollars, recoverable by the County Treasurer of New Castle 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 what deemed County; and the failure on the part of any such person to com- ply with any of the requirements of this act, preliminary to opening the polls, or to attend on the day of any primary elec- tion during his term, unless prevented 1> ,:s cr other suffi- * So enrolled. 107 cieni cause, the burden of proof of which shall be upon the delin- quent, shall be deemed a refusal within the meaning of this act. The election officers whose appointment is provided for in this section, shall be appointed at least t\vo weeks before such primary election is to be held. Section 5. That before opening the election, the presiding Oath of officers officers 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, accord- ing to the best of my skill and judgment; that I will cause the ballots that shall fte taken at said primary election to be fully read and ascertained, and a true statement thereof to be made, according 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, unfair- ness or corruption in the conducting of the said primary election, I shall disclose the same to the executive authority that shall have directed the holding of the said primary election, "and to the Attorney General, to the end that the subject may be investi- gated, so help me God or (so I solemnly affirm). Section 6. That each of the said judges, after being duly cierks 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 administer the same, shall on. the day of such primary election administer the oath or affirmation, which shall be subscribed as follows, viz.: I do solemnly swear (oroaths affirm) that as clerk of this primary election to be this day held, I will not use or assent to anv falsehood, fraud or deceit, and 108 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 officers County Committee or governing authority of any political party, organization or association holding such primary election shall, at any time within ten days of the day that the first primary 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 it shall be to administer to the inspectors and judges of the primary elections held in their respective districts the oath or affirma- tion prescribed in Section five of this act, and shall deliver to the chairman of the committee or governing authority appointing him the oaths or affirmations subscribed by the inspectors 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 the sum of Compensation ten dollars. HOW admin- Oath of officer In case any inspector or judge is chosen by the electors present at the time of opening the primary election, pursuant to Section three of this act, the oath or affirmation prescribed in Section five of this act shall be administered to the inspector or judge so chosen by any officer of primary elections there present who has been qualified by the Qualifier of. Primary Elec- tion Officers, the said officer being hereby empowered to admin- ister said oath or affirmation; and in case there is no such quali- fied officer there present the said oath or affirmation shall be administered to the judges by the presiding officer, and by one of them to him, each of whom are hereby empowered and directed to administer such oaths or affirmations. Oath of quaii- Section 8. The person appointed Qualifier of Primary Elec- tion Officers, pursuant to the provisions of Section seven of this act, shall within two days after the appointment and before entering upon his duties, take and subscribe an. oath (or affir- mation) according to the following form, viz. : I do solemnly swear (or affirm) that, as Qualifier of Primary Election Officers, I will not use or assent to any falsehood, fraud, or deceit, and that I will perform my duties truly, faithfully and impartially, so help me God, (or so I solemnly affirm). 109 The oath or affirmation prescribed in this section shall be g ed admin - administered by the chairman of the regularly organized and constituted County Committee or governing authority of the chairman of political party, organization or association for which said Qual- m Jtee y may < ad" ifier of Primary Election Officers was appointed. The said 1S oaths er ~ chairman is hereby empowered and directed to adminsiter oaths and affirmations pursuant to the provisions of this act. Any Failure of quai- person appointed Qualifier of Primary Election Officers whooith* shall fail to qualify as aforesaid, shall upon conviction therefor, be adjudged guilty of a misdemeanor, and shall be punsihed for Misdemeanor each such offence by a fine not exceeding one hundred dollars. Punishment Section 9. That the time for the registrars to sit alone i New Castle County (outside the City of Wilmington) for ascer- County by ' taining and registering, under the provisions of Chapter thirty- reglst eight, Volume nineteen, Laws of Delaware, the persons who are or may become qualified to enjoy the right of an elector at the general election shall be on three successive Saturdays, begin- ning with the first Saturday in August next preceding the gen- eral election. That the time for the board of registration, pro-s y board of vided for by Chapter thirty-eight, Volume nineteen, Laws of registration Delaware, to sit for the performance of the duties required by said board of registration under existing law, shall be on the last Friday and Saturday of the month of August next preced- ing the general election, and on the third Saturday of the month of October next preceding the general election. In order to fix and ascertain the persons who are to be the associate officers Judges of eiec- of registration in and for New Castle County, pursuant to Chapter county N ' C ' thirty-eight, Volume nineteen, Laws of Delaware, the two judges to . b * , a P- T , e ,t' 1 1 i- 1 r> -i pointed in July 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 heretofore, and all be t the duties directed to be performed by Section fourteen of Chapter in J ul ^ 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 reg- t T i n f istration, pursuant to the provisions of Chapter thirty-nine, Volume 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 on the third Saturday in the October next preceding the general 110 I election. That the inspectors of election for the City of Wil- appointed mington 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. quliffi g ed vSe?s Section 11. That the Sheriff of New Castle County shall, for primary ^ in addition to the registers and things he is now required by side of wa- " law to furnish to the registrar of each hundred or election dis- mington tr j c t o f his county (outside of the City of Wilmington), here- after, 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 Dela- ware, 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 alphabetical lists of all persons whose names may be entered on the registers pur- suant to Chapter thirty-eight, Volume nineteen, Laws of Dela- Entnes ware. Said books shall be ruled in parallel columns and so arranged as to admit of the convenient entry in alphabetical order of the name of every person who may be entered on the register aforesaid as a "qualified voter" or "may become quali- fied voter", and in the parallel column opposite the name of such person the following particulars, to wit: First, his resi- dence; second, his color*; third, the day of his registration. Said books shall contain six parallel 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 "qualified voter" or "may become qualified voter", he shall immediately thereafter enter, in the presence of such applicant, if he remains in attendance, in its proper alphabetical place in the "Voting Book of Quali- fied Voters for Primary Elections" hereinbefore provided for, the name of such applicant and also his residence,*** and date TO be compared o f registration. The said two ' ' Voting Books of Qualified Voters and certified - J? . . , . ,,<-n, -i-/~i ., 1 how for Primary Elections shall be compared and certified on the last day of registration in the month of August, in the same manner and by the same persons as now required by Section fifteen of Chapter thirty-eight, Volume nineteen, Laws of Dela- TO be delivered ware. It shall be the duty of the registrar, within one secular to Sheriff (j a y after the certification by the board of registration as herein required, to deliver to the Sheriff of New Castle County, who shall safely keep the same, the two "Voting Books of Qualified Voters for Primary Elections" required by this act. * Amended. See Chapter 64, Volume 22. Ill Section 12. That the Department of Elections for the City gggg e of of Wilmington shall, in addition to the registers and things they furnish voting are now required by law to furnish to the inspectors of elections &S voters^oV in said city, hereafter, before the first day of any registration Jjj 1 ^ $ of voters of said city made pursuant to the provisions of Chapter mington thirty-nine, Volume nineteen, Laws of Delaware, as amended by this act, prepare and furnish to the inspectors of elections in every election district, in said city, now existing or hereafter created, two "Voting Books of Qualified Voters for Primary Form Elections", said books being in the same form as designated in Section eleven of this act. The said two "Voting Books of Qualified Voters for Primary Elections", shall be compared byj re |j e com " the inspectors, on the last day of registration in the month of August, to see that they agree with each other in every particu- lar, and also with the register to see that every name entered on the register as a "qualified voter" or "may become qualified voter" is entered in its' proper alphabetical place on each of the two "Voting Books of Qualified Voters for Primary Elections", together with the residence, color* and date .of registration. And if any name in the registers which ought to have been entered corrections on the said alphabetical list shall have been omitted therefrom, it shall be the duty of said inspectors to enter such name in its proper alphabetical place on the alphabetical list, together with the proper entries as they appear on the said registers. And it shall be the further duty" in such comparison of the alphabetical list with the registers, to make such corrections in the alpha- betical lists as will make the names and entries appearing on the alphabetical lists agree with the same names and entries" as entered on the registers. It shall be the duty of the said inspec- Certificate tors, immediately after their last sitting in the month of August, to append to each of said alphabetical lists of "qualified voters" contained in said "Voting Books of Qualified Voters for Pri- mary Elections" a certificate, verified by the oath or afnrma- oa e th tion of the inspectors, or at least two of them, that the said "Voting Books of Qualified Voters for Primary Elections" con- tain a complete list of the "qualified voters" and "may become qualified voters" of said Election District as the same are entered in the Registers of voters of such election district. After said two "Voting Books of Qualified Voters for Primary Elections " have been compared and certified as aforesaid, the said inspec- Department of tors in each of said election district shall, immediately after said certification, return the same* to the said Department of Elections. Section 13. It shall be the duty of said Department of gggg^JJ of Elections to compare and correct said two "Voting Books of compare and ualified Voters for Primar Elections". lime before the^n * r.ded. See Chapter 64, Volnme 22. 112 day the first primary election is held in the year of a gener; election, and, when it shall appear by any date in their posse sion that any person has registered in more than one electic ce district, they shall, upon due inquiry, strike his name from tl to be stricken said "Voting Books of Qualified Voters for Primary Elections of any and all election districts in which he is not a "qualifie voter", and shall, opposite his name, state the reason therefo Said two "Voting Books of Qualified Voters for Primary Ele< Disposition of tions", in each election district of the City of Wilmington, sha books - be preserved and delivered by said Department of Elections i hereinafter prescribed and directed. Terms of office Section 14. That from and after the first day of June, 1 in D. 1898, the terms and powers of office of the inspectors of ele< tions f r the City of Wilmington, who shall then be in offic 1898 ' shall be and the same are hereby declared to be terminated ar ended. Division of Section 15. That the division of the City of Wilmingtc Sto^StriSs to into election districts, as is directed by sub-division one of Se be by June i ^ion three, of Chapter thirty-nine, Volume nineteen, Laws < Delaware, shall hereafter be made on or before the first day < June instead of on or before the first day of September, as therei provided. Section 16. Every Inspector of any primary election, pc etc., election clerk, or other officer or person having the custody of any "Vo ing Book of Qualified Voters for Primary Elections," oat] return of votes, certificate, poll list, or any paper, document, ( evidence of any description in this act directed to be made, file or preserved, who is guilty of stealing, wilfully destroying, mut lating, defacing, falsifying or fratidulently removing or secretir the whole or any part thereof, or who shall fraudulently mal< any entry, erasure or alteration therein, except as allowed an directed by the provisions of this act, or who permits any oth( Misdemeanor person to do so shall, upon conviction thereof, be adjudge guilty of a misdemeanor and shall be punished for every sue Punishment offence by imprisonment in the county jail for a period nc exceeding two years, or by fine of not more than two hundre dollars, or both. Sitting C Q? ad- Section 17. Every person not an officer, such as is mei vising, etc. ' tioned in the last preceding section, who is guilty of any of tl Commission of acts specified in said section, or who advises, procures or abe wrongful acts the commission of the same, or any of them, shall, upon coi Misdemeanor viction thereof, be adjudged guilty of a misdemeanor, and f( Punishment every such offense shall be punished by imprisonment in tl 113 county jail for a period not exceeding two years, or by a fine of not more than two hundred dollars, or both. ' *Section 18. >That the time for holding any primary elec- g tion shall be after tihe last day of registration in the month of elections August, for the ensumg general election and the time for hold- ing primary elections >m the City of Wilmington to nominate candidates to be votedNjor at a municipal election shall be in the month of May after f^e day for the revision of the registra- tion of voters. The time for the revision of registration of voters Time for in the City of Wilmington for municipal elections shall be a the same is hereby made the fourth Saturday previous to the Wilmington day set for holding the election for municipal officers in the said city. The election officers and the members of the Depart- ment of Elections for the City of Wilmington in addition to the duties now required of them by law "siiall revise and prepare Duties of De _ the "Voting Books of Qualified Voters for Primary Elections," partment of as herein provided for general elections, and no person whose Elec name does not appear on the said "Voting Books of Qualified who may vote Voters for Primary Elections", shall be entitled to or shall permitted to vote at a primary election to nominate candidates tions to be voted for at the subsequent municipal election in the City of Wilmington. The time for opening the polls for the purpose Time for open- of conducting a primary election under the provisions of this "^ v lls act shall be one o'clock in the afternoon, and the time for clos- ing the polls at such primary election shall be seven o'clock; in Time {or the evening. ^ closing *Section 19 X That whenever a political party, organization or association desires to hold a primary election for the purpose elections mentioned in Section 2 of this act, the chairman or secretary of the regularly organized and constituted County Committee or governing authority of such political party, organization or association shall notify by letter the respective parties having the custody of the "Voting Books of Qualified Voters for Pri- mary Elections" in this act provided, of their intention of hold- ing a primary election, stating the day on which they desire the election held, which notification shall be at least two weeks prior to the time named for holding such primary election. If no Custodians O j * previous notice shall have been received by the said parties voting books to from no other political party of their intention to hold a primary S erS ^Spec- election on that day, the said parties shall, on or before twelve tors o'clock of the day for holding such primary election for that political party, organization or association, deliver the two "Vot- ing Books of Qualified Voters for Primary Elections" provided for in this act, for each general election district that may be * Amended. See Chapter 285, Volume 22. 114 contained in the primary election district, to the inspector of such primary election in the hundred or election district of the county to which such "Voting Books for Qualified Voters for Pri- mary Elections" shall apply. And it shall be the duty of the said inspector to inspector to have the same at the place of holding the primary have same at ^ . ,* .... , x 1 . * place for hold- election at the time of opening the polls on primary election day. If any inspector shall refuse, neglect, or fail to" have the sa id "Voting Books of Qualified Voters for Primary Elections", at the place of holding the primary election at the time desig- nated in this act, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall be punsihed for each such offence by imprisonment in the county jail for a period not exceeding ninety days, or by a fine not exceeding one hundred dollars, or both. Neglect Misdemeanor Punishment Method of re- votes Elector shall Entry must ma W e1ect?on of what party whose vote re- fused inspector to re- sons from Neglect Section 20. The qualification of electors under this act sna n foe such as the political party, organization or association authorizing such election may prescribe and publish, and in default of any prescribed or published rule, the past usages of such political party or organization shall be recognized and adopted, and ignorance of such past usages shall be no defense against any of the penalties of this act. As each person shall apply to vote at any primary election, *the officers thereof shall examine the "Voting Books of Qualified Voters for Primary Elections " provided by this act, and if they find thereon the name of the person applying to vote, and be satisfied that he is the P erson whose name is so registered, they shall enter the word "voted" after his name, and such voter shall not be per- mitted to vote at any succeeding primary election held by any ^ ner political party, organization or association, the entry of the word " voted " as aforesaid, shall be in such a manner as to indicate at what party primary election the voter has voted. No person whose name is not contained in the "Voting Books of Q ua ^ ec ^ Voters for Primary Elections" herein provided for, shall be allowed to vote or participate in any primary election hereafter held. It shall be the duty of each of the inspectors, within two days after the day of the primary election, to return tne "Voting Books of Qualified Voters for Primary Elections", used by him at any primary election, to the person or persons from whom he received the same, who shall preserve them. If an y inspector shall neglect, refuse or fail to return said "Voting Books of Qualified Voters for Primary Elections," as directed in this section, the said inspector so neglecting, failing, or refus- ing shall, upon conviction therefor be adjudged guilty of a mis- demeanor and shall for every such offense be punished by a fine * Amended, Sec Chapter 285, Volume 22. 115 not exceeding one hundred dollars or by imprisonment in the county jail for a period not exceeding one year, or both. Section 21. If at any primary election, the presiding officer P^f and judge shall knowingly and wilfully receive, or advise, or consent to the receiving of the vote of any person not entitled to vote at such primary election, or if such presiding officer or judge shall knowingly and wilfully refuse to receive the vote of Refusing legal any person entitled to vote at such primary election, every such vot< presiding officer or judge shall, for every such offence, forfeit and pay the sum of one hundred dollars to any person who will sue for the same, or shall, for every such offence, forfeit and pay the sum of one hundred dollars to any person who will sue for Penalt y the same, or shall, for every such offence, upon conviction there- for, be adjudged guilty of a misdemeanor, and be fined not less Misdemeanor than one hundred dollars, and, in either case, be imprisoned until the fines, forfeitures and costs are paid in full or discharged Punishment by the court. Section 22. If at any primary election hereafter held any political party, organization or association, as provided in vote illegally this act, any person falsely personate any elector or other person, and vote or attempt to offer to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed, or fictitious name, or in or upon any name not his own, or shall knowingly, willingly or fraudulently vote more than once for any candidate for the same office, or shall vote in any other pri- Receiving or mary election district than the one in which he is a bona fideward tmg r resident, or vote or attempt to vote more than one ballot at any primary election district, or shall solicit from any candidate or from any other person, or shall receive, directly or indirectly, from such candidate or from any other person any money, or promise of place or position, or any valuable consideration any kind, for his vote or support, or if any person shall vote at of more than the primary election of more than one political party, organiza- one party tion or association, held for the purpose of nominating or select- ing a candidate or candidates to be voted for at any subsequent general election, or for the purpose of selecting delegates or repre- sentatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, before any one general election, or shall vote or attempt to offer to vote Attempting in any primary election district, or having once voted shall attempt let unlawfl or offer to vote again, or shall knowingly, wilfully or fraudulently do any unlawful act to secure opportunity for himself or for any other person to vote, or shall by force, threat, menace, intimidation, bribery or reward or offer to or promise thereof, or otherwise unlawfully either directly or indirectly influence or attempt to influence any elector in giving his vote, or shall 116 tion to do illegal act Interference with election neglect his duty voter encmg promise any place or position for the purpose of securing any voter's support or prevent or hinder or attempt to prevent or hinder any qualified voter from freely exercising the rights of suffrage, or any such means induce or attempt to induce any such voter to refuse to exercise any such right, or shall, bv any Influencing officer of eiec-sucn means or otherwise, compel or induce or attempt to com- pel or induce any inspector of any primary election or other officer of any primary election in any primary election district to receive the vote of any person not legally qualified or enti- tled to vote at the said primary election in such district or shall knowingly, wilfully or fraudulently interfere with, delay or hinder in any manner any inspector of any primary election, Advising or in- poll clerk or other officer of any primary election in the dis- charge of his duty, or by any such means or other unlawful means, knowingly, wilfully or fraudulently counsel, advise, induce or attempt to induce any inspector of any primary elec- tion, poll clerk or other officer of any primary election, whose duty it is to ascertain, proclaim, announce or declare the result of any such primary election, or to give or make any certificate, document, report, return or other evidence in relation thereto, to refuse or neglect to comply with his duty, or to violate any law, regulating the same, or to receive the vote of any person in any primary election district not entitled to vote therein or to refuse to receive the vote of any person entitled to vote therein or shall aid, counsel, or advise, procure or assist any voter, person or inspector of any primary election, or other officer of such primary election, to do any act by law forbidden, or in this act constituted an offence, or to omit to do any act by law directed to be done, every such person shall, upon conviction thereof, Misdemeanor be adjudged guilty of a misdemeanor, and shall, when not herein otherwise particularly specified, be punished for every offence by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both. Punishment other offences Punishment Territory in primary elec- tion district not to be divided Any act or deed declared an offence by the general laws of this State concerning elections and not herein particularly men- tioned, shall also be an offense in a primary election, and shall be punished in the same form and manner as is provided for the punishment of similar offences by the general laws; and all the penalties and provisions of the general laws shall apply in such cases with equal force, and shall be as effective as though fully set out in this act. Section 23. That the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding any primary election shall, at least two weeks before such primary election is held, deter- mine what territory shall comprise a primary election district; 117 provided, that such primary election districts shall be so formed that the whole of each election district for the general election. shall be in one primary election district. They shall also desig- nate the place for holding the primary election in each primary election district and secure the room for holding the same. Said room, in all cases where one primary election district comprises place o{ hold more than one general election district, shall be in the general ing election election district where the greatest number of votes were polled by the political party, organization or association holding such primary election at the general election next preceding the said Designation of primary election. They shall also designate each of said dis- districts tricts by appropriate titles or distinctions. No primary elec- tions shall be held under the provisions of this act in a place or Not to be held building where intoxicating liquor is sold. Sing ifqSon are sold Section 24. If the Sheriff of New Castle County or the x eg iect of De- members of the Department of Elections for the City of Wil- ggggJs of mington shall wilfully neglect, refuse or fail to deliver to each sheriff r to de- inspector of primary- elections the "Voting Books of Qualified Books Votmg Voters for Primary Elections" in his or their custody, for each general election district that may be contained in the primary election district for which he is appointed, then in that case the said Sheriff or any member of said Department of Elections so neglecting, failing or refusing shall, upon conviction therefor, be adjudged guilty of a misdemeanor and shall for every such offence Misdemeanor be punsihed by imprisonment in the county jail for a period not exceeding one year, or by a fine of not more than two hundred Pl1 dollars, or both, and such conviction shall of itself work a for- Forfeiture of feiture of his office. office Section 25. Whoever, during the time that any primary election is in progress in any primary election district in New into place of Castle County or during the time the ballots cast thereat are ele being counted, shall bring, take, order or send into, or attempt to bring, take or send into any place of holding any primary elec- tion, any intoxicating liquors whatever, or shall at any such time and place drink or partake of any such intoxicating liquors, he or they shall, upon conviction therefor be adjudged guilty of a misdemeanor and shall for every such offence be punished Misdemeanor by a fine of not less than five dollars, and not exceeding ten Punishment dollars. Section 26. That the sheriff of New Castle County, shall Ballot boxes to provide and deliver, or cause to be provided and delivered to bepro the officers at every polling place in the county outside of the City of Wilmington (and the Department of Elections to per- form the same duties in the City of Wilmington), where a pri- 118 Description Other box mary election is to be held, a ballot box, the same to be pro- vided with a lock and key ; the said ballot box to be not less than twelve inches long, nine and one-half inches wide, and nine inches high; both sides of said box shall be entirely of clear glass and shall have a lid so constructed that the said lid will slide with ease. The lid of said ballot box shall have an opening in the top not more than one inch long and not more than three- sixteenths of an inch wide; the opening to be entirely enclosed with iron, steel or tin, which material shall be securely fastened to the lid. He shall also furnish to the officers holding any pri- mary election a box of sufficient size to hold the ballots cast at such primary election. ' Ballot box where placed Section 27. That part of the ballot box composed of glass -1111 -, -, . ^ 1 shall be so placed during the time that any primary election is in progress that it can be seen at all times by the persons on the outside of the polling places. The lid of the ballot box shall be securely locked during the time that the primary election is being elecuon during conducted, and shall not be unlocked until the polls are closed. Number of votes cast to be announced at close of elec- tion Reading of ballots Custody of same Section 28. That at the time for closing the polls at a pri- mary election held under the provisions of this act, the presiding officer shall publicly proclaim in a clear and distinct voice the number of votes that have been cast at such primary election as shown by the poll books kept by the clerks. After closing the polls at a primary election, the presiding officer and judges shall openly and publicly remove the lid of the box containing the ballots. The ballots shall be taken separately from the box. One of the judges shall keep in his custody the said box while the other judge shall publicly in the presence of the watch- ers, hereinafter provided for, take the ballots one by one from the box and read the same. When a ballot shall be read it shall be submitted to each of the other judges for inspection and put in the other box directly to be procured in Section twenty-four of this act, it being first seen that the said box is empty; two clerks at least shall keep an accurate account of the ballots as they are read, which shall be done on the tally sheets herein- after provided to be furnished, by writing the name of every person voted for in the margin under a designation of the office for which the vote is given to him. The clerk shall make a dis- tinct mark with a pen and ink in the row opposite such name for every vote such person shall receive for the same office. At Result of can- the close of the canvass of the ballots cast for each candidate, nounced ^h?n" the inspector shall publicly announce the vote and the result of P ?eted com - the canvass. Tally sheets Section 29. After having counted the ballots cast at any primary election, the officers holding such election shall forth. Clerks to keep tally 119 with fill out and sign two tally sheets and two certificates, here- inafter provided to be furnished, with the number of votes in words at length entered thereon that have been cast for each and every candidate at such primary election, and the exact time that said canvass was completed. One of said certificates, Disposition of together with one of said tally sheets and one poll list, shall be 53 delivered by the inspector outside of the City of Wilmington, on the first secular day following such primary election, to the chairman of the regularly organized and constituted County Committee or Governing authority of the political party, organ- ization or association holding such primary election. One of said certificates, together with one of said tally sheets and one poll list, shall be delivered by the inspectors in the City of Wil- mington to the chairman of the regularly organized and con- stituted County Committee or governing authority of the politi- cal party, organization or association holding such primary election, within one hour from the time that the canvass of the votes has been completed. The said ballots, after having been ^j,^* 011 of counted, shall be deposited in the box furnished for that purpose, together with the other said certificates, tally sheets and poll lists. The lid of said box shall be secured by tape crossed and sealed in sealing wax by one of the judges not being the inspector, and shall be delivered by the inspector on the first secular day following such primary election, to the Sheriff of New Castle County, who shall make such disposition of the same as the regularly organized and constituted County Committee or gov- erning authority of the political party, organization or associa- tion holding such primary election may direct. The regularly organized County Committee or governing authority of the political party, organization or association holding any primary election shall furnish at every polling place in the county where a primary election is to be held, blank tally sheets, blank certifi- sheets, etc* by cates, blank poll books and stationery sufficient for the use o^ the officers holding such primary election. They shall also fur- nish to the primary election officers printed instructions of the printed in- parts of this act that in the judgment of the said committee isj^jf 08 to necessary for the proper performance of their duties. Section 30. The poll books used at any primary election Poll books hereafter held shall have every line therein numbered, com- mencing with the figure 1, and continuing serially. On offering voting to vote at a primary election the voter shall deliver to the presid- ing officer a single ballot containing the name or names of the person or persons for whom he desires to vote. He shall announce his name and residence, and, if he is qualified as hereto- fore provided, his vote shall be received and deposited in the ballot box having the glass sides, and his name and residence entered on the poll book on the line directly opposite the first 120 questednumber unoccupied number in order that the election officers may, at must'be n St an ^ ^ me Curing the progress of the primary election know the a exact number of votes that have been cast. The election offi- cers of such primary election shall at any time announce to any person who is in the act of voting and so inquiring, the number of votes that have been cast up to that time. fobl fumishS Section 31. The Sheriff of New Castle County shall furnish each voting at every polling place where a primary election is held, outside of the City of Wilmington, and the Department of Elections to perform the same duty in the City of Wilmington, two pieces of rope or chain. The officers holding such primary election shall place the said rope or chain at a distance not less than six feet on either side of the window or door where a primary election is held; the said rope or chain shall be at least twelve feet in length, and shall be at least twenty-four inches from the ground and snail so remain during the time such primary election is in prog- ress. No person shall be permitted to be on the inside of said rope or chain excepting to cast his ballot, after which he shall immediately retire. Any person violating the provisions of this Section shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for every such offense be punsihed by a fine of ten dollars. place How used No one per- mitted within enclosure ex- cept to vote Violation Punishment Watchers Section 32. That each candidate for nomination at any primary election hereafter held shall have the right to appoint one qualified elector as watcher, who shall be entitled to be in the room where such primary election ^ is held, from the com- Removai for mencement to the close of such primary election and signing of the certificates thereof. If any person appointed watcher shall so conduct himself as to interfere with the progress of any pri- mary election he may, upon complaint made by the primary election officers to the chairman of the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election, or to any member thereof from the hundred wherein such interference occurs at the direction of the said chairman or member aforesaid, be removed from the room where such primary election is being held, and the candidate whose represen- tative the watcher so removed was shall be without representa- tion during the continuance of said primary election. If any Attempt to ex- -person shall exclude, or attempt to exclude any elector, except elude watcher T... 1 -i < -11 ii"t . * in the manner hereinbefore provided, who has been appointed watcher, from the room where any primary election is being held, he shall, upon conviction therefor, be adjudged guilty of a mis- Misdemeanor demeanor, and shall for every such offence be punished by a fine of one hundred dollars, or by imprisonment in the county jail for a_ period not exceeding ninety days, or both, Punishment 121 Section 33. That any recognized member of the political ^J llenge of party, organization or association in whose interest any primary election is held, may challenge the right of any person offering to vote at such primary election; and the board of election offi- cers holding the same shall determine whether the person so Decision offering is entitled to vote, and shall receive or reject such vote, as the evidence for or against the right of the person to vote shall warrant. The officers may, of their own motion, or in May require case' of challenge if there be doubt of the propriety of receiving oath of voter the offered vote, require of a person so offering to vote, his oath or affirmation, which shall be administered by the presiding offi- cer, who is hereby authorized to administer the same in the fol- lowing form, viz.: Do you solemnly swear (or affirm) that you are a legally qualified voter under the rules of the party authorizing this primary election; that you will be legally qualified to vote at the following election for which candidates are now being selected to be voted for; that you are at this time a bona fide resident x)f this primary election district; that you have not voted, or you will not vote at any other voting place this day; that you have not voted or you will not vote at the primary election of any other political party, organization or association held for the purpose of nominating or selecting can- didates to be voted for at the ensuing election, so help you God (or so you solemnly affirm). After the voter has taken the said f fte b r e oa r ^ e > r e t | oath or affirmation, the ballot of such voter shall be received and deposited in the ballot box; and if any person offering to vote at any primary election decline to make the oath or affirma- tion demanded, his vote shall be rejected. If at the time a per- son proposes to vote he is challenged and there are several per- sons waiting their turn to vote, said challenged person shall challenged 'vote stand to one side until unchallenged voters have had an oppor- oth t unity to vote, when his case shall be taken up and disposed of; provided, that if any person shall challenge a qualified voter, resident of such primary election district, well known as a mem- ber of the political party, organization or association holding such primary election, for the purpose of annoying or delaying vote lle fo? m !eiay voters, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for each and every such offence be Misdemeanor punished by fine of one hundred dollars, or by imprisonment in punishment the county jail for a period not exceeding six months, or both. Section 34. That each of the officers of any primary elec- P wei ^ of elec - tion hereafter held is clothed with the powers and duties of a county constable, and is required to see that good order is pre- served at such election, and may arrest and present for commit- ment to any justice of the peace any and all persons guilty of anv unlawful conduct. 122 Compensation of election officers How paid Section 35. The compensation of the officers and clerk for holding primary elections under the provisions of this act shall be two dollars and fifty cents for each judge and clerk and three dollars for each inspector at each primary election so held. The expenses for holding primary elections under the provisions of this act including stationery, pay of officers and clerks, shall be paid by the Levy Court of the county wherein such primary election is held to nominate persons to be voted for at a subse- quent general election and by the Mayor and Council of Wil- mington in any year when a primary election is held in the City of Wilmington to nominate officers to be voted for at the subse- quent municipal election in the said city. Section 36. If any person appointed to hold a primary Election officer acting unlaw- fully may be election shall conduct such election in violation of any of the provisions of this Act, the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election is hereby empowered and directed to remove such officer or offi- cers and substitute others in their stead, and the person so sub- stituted shall take the oath or affirmation prescribed by Section five of this act, which said oath or affirmation shall be adminis- tered by any qualified inspector or judge who is hereby author- ized to administer the same. Substitutes Who declared nominated Vacancy Section 37. In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party, organization or association holding such primary election. In case of death, resignation or removal of any candidate subse- quent- to a nomination the political party, organization or asso- ciation in which such vacancy exists, shall provide the manner in which such vacancy shall be filled. Nominee, how ascertained Tie votes of contests Section 38. The regularly organized and constituted County Committee or governing authority of the political party, organ- ization or association holding any primary election is hereby empowered to calculate the aggregate number of all the votes that shall have been cast, in all the hundreds of the county or any subdivisions thereof, for every person voted for for any one office at such primary election, and to declare the candidate or candidates in cases where candidates for more than one office are to be nominated, receiving the highest number of votes the nominee or nominees of such political party, organization or association for the office for which he was voted for at such pri- mary election. In all cases of a tie vote or of contests, the regu- larly organized and constituted County Committee or govern- ing authority of the political party, organization or association 123 holding at such primary election shall have the power to hear How decided and determine such contests, and to decide who shall be entitled to the nomination. The proceedings in such cases shall be in Form of pro- such form and manner as the said committee or governing author- ce ' ity shall determine upon. Before entering upon the discharge of the duties set forth in this section the members of the com- mittee or governing authority aforesaid, shall be sworn by a notary public to faithfully' and honestly discharge the duties herein imposed and the failure upon the part of any member of the said committee or governing authority to discharge such duties faithfully and honestly shall be deemed a misdemeanor, and the person so offending shall upon conviction therefor, be fined not less than one hundred dollars nor more than five hundred dollars, and be imprisoned in the county jail for a period of not less than sixty days nor more than one year. Section 39. .That the ballots used at any primary election gjf^ 8 of hereafter held shall be printed by the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election. The names of all candidates for nomination for the Form of ballot same office shall be placed under the title of said office, the sur- name of candidates to be placed in alphabetical order and shall not be separate one from another by any other matter. Where there are several candidates for the nomination for the same office, the elector shall indicate his choice by crossing out the HOW voted name of all the candidates except those for whom he desires to vote, and in case an elector has omitted to cross out the names on his ballot as aforesaid, the said ballot shall not be counted for any such candidate or candidates. Any person desiring to be voted for as a candidate for nomination at any primary elec- Person desiring tion hereafter to be held shall notify the regularly organized and mu5t e nqty f constituted County Committee or governing authority of the authorities political party, organization or association of which he is a mem- ber in writing of such desire at least ten days before such pri- mary election is to be held. The said ballots shall be printed Ballots printed and ready for distribution at least five days before the day of wl such primary election. I *Section 40. That the provisions of this act shall not apply ^g le n J *g u to any primary election held for the election of delegates to any tion of deie- State convention called for the purpose of electing delegates or SkSS *c* ltv ' * 500 shall forfeit and pay a fine of five hundred dollars. Section 11. If any person, not entitled to vote, shall vote, Illegal voting or offer to vote, at any election, or if any person shall vote or offer to vote, in a hundred in which he shall not at the time of such voting or offering to vote reside; or if any person, having voted once, shall vote, or offer to vote, a second time at the same election, either in the same, or in another hundred; or if any person shall fraudulently deliver, or offer, to the presiding officer of an election, more than a single ballot; every person, so offending, shall for every such offence, forfeit and pay the sum Penalty, $100 of one hundred dollars to any person who will sue for the same; or the person so offending shall, for every such offence, forfeit and pay to the State a fine of not less than fifty dollars, nor more Penalty, $50 to than five hundred dollars. Both of the aforesaid penalties shall $50 not be incurred for the same offence, and a conviction upon Proviso an indictment, or a judgment in an action of debt, may be pleaded in abatement of the alternative proceeding. Section 12. If any person shall give, offer or promise, any Bribery money, goods, chattels or other thing or matter, or release, or 132 Penalty o g er fo re i ease an y debt, or obligation by way of bribe, gift, benefit or reward, for the purpose or with the object of influ- encing any elector in giving his vote, or in refusing to vote, or in absenting himself from the polls at any election; or if any candidate for office at an election, shall, at such election, influ- ence or attempt to influence, any elector, in giving or withholding his vote or in absenting himself from the polls by any of the means aforesaid, or by offering to serve in such office for nothing, or for a less allowance than that prescribed by law; every such person or candidate shall, for every such offense, forfeit and pay the sum of two hundred dollars, one-half thereof to be for the use of the State, and the other half thereof for the person who will sue for the said penalty; and further, any person or candi- date so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall be imprisoned in imprisonment the public jail of the county wherein such offence may be com- mitted for a term of not less than one and not more than nine months; and for the term of two years next after said convic- Forfeiture tion such person shall forfeit the right of an elector; and if any candidate for office, so offending as aforesaid, shall be elected, his office shall, upon his conviction for such offence as aforesaid, Disqualifies- fo e vacated, and he be rendered incapable of serving therein for the term for which he shall have been elected. . I?!' And if any person shall accept or receive anything so given, Accepting bribe O ff er ed or promised as above^ with the intent, purpose and object misdemeanor . . , . f. .~ - * . in this section specified, such persons shall also be deemed guilty of a misdemeanor, and upon conviction thereof shall, for the period of four years from such conviction, forfeit all the rights and privileges of an elector, and in case of a second or subse- quent conviction, for a like offence, shall forfeit all the rights and privileges of an elector for the period of eight years from the date of any such conviction, and shall also, during the period of such disfranchisement, be incompetent to serve as a juror. Pro- vided, however, that when any person, a party to such prohibited informers not transactions, shall inform against the other party thereto, and shall give evidence against such other party upon a trial, the person so testifying shall not be indicted for that offence. Forfeiture Proviso Betting Penalty Section 13. If any person, either before or pending an elec- tion, or during the reading and tallying of the votes cast at an election, shall, for himself, or for another or others, lay any wager or bet on the result of such election, or on the election or defeat of any candidate or person voted for at su,ch election, every per- son so offending shall, for every such offence, forfeit 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 133 stakeholder shall, in all cases, be a. competent witness to prove Witness such illegal wager. Section 14. If any stakeholder, or person with whon any On stakeholder money or thing, so illegally betted, shall be deposited, shall at 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 for- feiture to which the person betting may be liable under the next foregoing section ; either of the persons betting shall be competent witness witnesses against such stakeholder. 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 peace 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 Inspectors and Sheriff, or other presiding officer, when assembled as a board of canvass, in performing any of the duties of such board, 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 forth- with, to be committed to prison, and shall further forfeit and pay to the State a fine of not less than ten dollars nor more than e gaity, $10 to one hundred dollars. Section 16. If any person shall, on the day of an election, ^liquor Sn- or on the day next before or after such day, make, set up, or lawful have, any booth, stall, or other temporary convenience, for the purpose of selling any spirituous, vinous, malt, or other intoxi- cating liquors, or shall sell, or expose to sale, any spirituous, Selling liquor vinous, malt or other intoxicating liquors, at any place where prohiblted 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 twenty dollars; and it shall be the duty of every justice of the peace Penalty $20 fine or constable, residing in any hundred, to abate or remove any Duty of officers such booth, stall, or other temporary convenience, so set up or used in such hundred in the manner and for the purpose afore- said, and to hold the person so having or using such booth, stall, or other temporary convenience, to surety of the peace, and in default of such surety being immediately given, to commit 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 abat- 134 ing or removing of any booth, stall, or temporary convenience r lui ? e i1 as aforesaid; but this section and the truth of the case may in Chapter 418, . '. . -1,1 1 * * * * Section 14. Un- any suit be given in evidence under the general issue. intScathifT 11 And no person licensed to sell liquor shall sell, give away, or dis- dayof Section P ense an y 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 reckoned from the midnight before till the midnight after such election; and any person violating Misdemeanor this provision, shall be guilty of a misdemeanor, and upon con- Fine viction thereof shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, and, if holding a license Forfeiture of under this act, shall forfeit the same in addition to such fine, and be incapable of receiving a license for the space of two years thereafter. d out Section 22. If any officer or other person, shall call out or order any of the militia of this State to appear, exercise, or mus- ter on the day of any election, or within ten days before any gen- eral election, or three days before any special election or election for assessor and inspector, or within three days after either of Penalty, $1,000 such elections, except in case of invasion or insurrection, every such officer or other person shall for every such (page 142) offence, forfeit and pay to the State a fine of one thousand dollars. Special bail in Section 23. In every suit or action for a forfeiture, or pen- ties 8 f r penal " alty, under the foregoing provisions (except in cases cognizable before a justice of the peace) special bail may be required 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 135 CHAPTER 487, VOLUME 12. AN ACT Further to Protect the Free Exercise of the Elective Franchise. Section 1. That if any person who is a duly qualified elector of this State, according to the constitution and laws thereof, ence shall hereafter be prevented from voting or obstructed in his effort to vote at any election, by reason of any interference by any person or persons, or military power, or other power, exercising or attempting to exercise force, intimidation or threats, or requir- ing any qualifications or conditions unknown to such constitu- tion and laws, he shall be deemed and taken to have suffered 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, whether by active participation or by advising, counselling or in any wise civil action for encouraging the same, and in any trial under this act the jury, dama e e 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 State who has knowledge of any design on the part of any other ur es 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 elections, or by the employment of any other organized or unorganized body of men, or by intimidation or threats forthwith to make public disclosure of such knowledge, stating names, by an affi- davit 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 under Limitation this act shall be ten years from the time of the accruing of the cause of action. 136 CHAPTER 491, VOLUME 12. AN ACT Further to Secure the Free Exercise of the Right to Vote at Elections. Military inter- Section 1 . That if it shall so happen hereafter that by res- ference son o f the presence of any military force at or near the place of holding an election in this State, under the provisions of Chapter 18 of the Revised Code, electors duly qualified by the constitu- tion and laws of this State to vote at said place at said election 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 Electors shall place within the voting district where such prevention or inter- vote 2 'HOW and ference shall take place, and having there, by a majority of the where 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 be 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 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 hun- dred, 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 affirm) that you are of the age of twenty-two years, and that you at this time reside Oath 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 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 reg-' ular place of holding the election, by military interference, or by the requirement of oaths unauthorized by the constitution and laws of this State. 137 Section 2. That the polls authorized to be held by the pre-^ s - 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 neces- sary), 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- Return to said, when he shall appear before the said Board, with the saidST 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 dif- ferent persons voted for, and that at the said poll held by him he did not, knowingly, receive the ballot of any person not a duly qualified voter within his election district, according to the constitution and laws of the State of Delawere, 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 unauthorized by the constitution and law r s 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, according to the best of his skill and judgment. Section 3. That it shall be the duty of the Board of Can- gug^ Board vass to receive the said certificate, and in ascertaining and cer- tifying 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 effect, and it shall have the same force and effect 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 Insepctor in the same manner as if they had been given at the regular place Proviso of voting in said district: Provided always, however, That the said Board shall be, and they are hereby required to hear and determine challenges of the right of any person who delivered 138 his ballot to the said Insepctor, and reject any ballot if the per- son who cast the same had not a right to vote under the consti- tution 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 rejected by the Board of Canvass, and also the list 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 presid- ing Officer of the Board of Canvass. The said Board shall also have power to examine, on oath the said Inspector, touching 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. ?as a s rd may ^ Section 4. That if it shall be apparent to a Board of Can- meetin P incase vass ^ * an ^ interference with the performance of their duties of military in- under Chapter 18 aforesaid and this act will be attempted by military force or, if after they have 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 interference 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 according to law, but no such Inspector shall be a member of the Board of Canvass. no^Hmitid 01 ^ Section 5. That nothing herein contained shall limit the two^in each dis- voting places to two in an election district, but the emergency contemplated above rising, 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 hold- ing 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 havejDOwer to appoint a Clerk to aid him in the dis- charge of such duties as are clerical, and shall administer to him 139 before he enters upon the discharge of the duties to be assigned to him an oath or affirmation in these words: "You do solemnly swear (or affirm) that as Clerk of this election you will not use ath nor assent to any falsehood, fraud or deceit, and that you will keep the polls and perform all your duties truly, faithfully 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. CHAPTER 575, VOLUME 19. AN ACT Concerning Bribery. Section 1. That if any person shall bribe or attempt to g bi j' bribe any one holding or expecting to hold any official position an P eiection under the election or registration laws of this State, either as Registrar, Judge, Inspector, Voters' Assistant or otherwise, by giving money or the promise of money, office or the promise of office or position, either under the State or Federal government, 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 indictment shall be fined not exceeding one thousand dollars, and may also, in the discretion of the Court, be imprisoned for a term not exceeding six months. Passed at Dover, May 4, 1893. 140 CHAPTER 29, VOLUME 17. AN ACT in Relation to the Election of Assessors and Inspectors. Amended, Voi- Section 1. That hereafter the election of assessors for the several hundreds in the respective counties of this State, and assessors for the assessment districts in Wilmington hundred, shall be held by ballot biennially in the hundreds aforesaid, (excepting Wilmington hundred, which election for assessor shall o7Toid"n g place be held quadrennially) on the Tuesday next after the first Mon- eiection ^ay j n 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 Ballots for other officers 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 additional casting vote. * Section 3. * * * * Section 4. * * * * Section 5. * * * * Section 6. * * * * Section 7. * * * * Section 8. * * * * Section 9. * * * * Passed at Dover, April 13, 1883. 141 CHAPTER 43, VOLUME 21. AN ACT Providing for the Election of Assessors in Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That at the general election to be held in the Election of As year A. D., 1898, and every second year thereafter there shall be ses^ore'L? elected from each of the representative districts into which Kent 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 resident of the district for which he shall be elected; and shall at 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. * * * * * * Approved June 1, A. D., 1898. 142 Inspectors for general elec- tion in 1898 (Wilmington excepted) . ap- pointed by Governor 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 Wil- mington. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Governor of this State be and he is hereby authorized to appoint an Inspector for each and every election district in the State of Delaware, (exclusive of the City of Wilmington) to hold the general election for the year A. D. 1898. Thereafter to 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. 143 CHAPTER 21, VOLUME 15. Preceding Sections of this Chapter supplied. SPECIAL ELECTION FOR GENERAL ASSEMBLY. Section 37. Whenever a vacancy shall happen in either Vacancies branch of the General Assembly, whether by death, resignation of removal of a member, by tie vote at the general elect 'on, 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, writs of eiec- directly to the Sheriff of the county in which such vacancy tlc happens. 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 at the general election, unless a session of the General Assembly shall, in the meantime, be convened by the Governor. Section 39. If a vacancy shall happen in the House of Rep- Not to issue, resentatives after an adjournment without day, of the General wi Assembly, no writ of election shall be issued under Section 37, unless the Governor shall also issue a writ for convening the General Assembl. Section 40. The Sheriff shall, on the next day after receiv- gotug by ing a writ of election, unless the same shall be Sunday, and 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 pub- lic places of each hundred of this county, a proclamation recit- Proclamation ing the said writ and appointing a day for holding a special elec- tion pursuant thereto such day not to be more than five nor less than four days next after the day of receiving the writ exclu- sive 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 of Notice to in- election, deliver a written notice thereof, and of the day appointed sp for holding an election pursuant thereto, to the Inspector 144 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 hundred; and the said Sheriff shall, in such written notice require the Inspector or Assessor to produce the certificate of the election, to be held in his hundred, at the Court House of his county, on the day next after the day of holding the election by twelve o'clock noon. by In ~ 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 officer or officers to be chosen. Presiding Offi- 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 Inspector 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 general election. judges of Eiec- 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. Place 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. Section 46. The Inspectors of the several hundreds shall, on ^ e ^ a y next a fter tne day f holding a special election, -at twelve 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 ;s there attend as the presiding officer of the said board; and in case of his absence, the coroner shall act; and in case of his absence, 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 hundreds, Substitutes shall be produced and the State of the election throughout the county shall fae ascertained, and certificates thereof shall b e 145 made and returned, in the same manner and under the same regulations as provided for the general election; and the sheriff, or other presiding officer of the board of canvass, shall have the power for compelling the attendance of inspectors 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 1. 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 having the 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 Novem- e ber) of the' year in which such electors are to be chosen, in the'oJ32??V Vol same, (and at least sixty days before the first day of 'the term of 19 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 ^ t ^ D J^ ;h for the county -in which said contest is made a full, particular SSesTis baaed and explicit statement, setting forth fully and specifically the names of any and all officers and judges upon the malconduct sixty days be- of whom he will rely and respecting which he. intends to procure coSrt^ evidence, and setting forth the precincts or election districts of such officers and tr^e particular malconduct of each respectively, what the state- the names and residences of the witnesses and the substance Si s S t forth of their testimony by whom he expects to prove such malcon- duct; and if such contest shall be based upon the second ground, as set forth in Section 1, such statement shall specifically, fully and explicitly state the grounds and causes of the ineligibility ^^ * be of the person w T hose right to the office is contested, and when s *a^ in in the such contests shall be made for causes comprised within the third cm! Instances item of said Section 1 the said statement shall explicitly fully and clearly state the name of any elector, inspector, judge, clerk or other person to whom any bribe or reward shall have been offered; and the time, place and amount of such br be or reward, and the name and residences of the witnesses by whom the con- testant 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 state- ment 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 favor- ing the acceptance of such vote, whether such vote was chal- lenged 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 accepting 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 Names and res- e At r 1 1 1 -i 1 j_ j_i 1 i*x idences of wit- of the party of which the contestant was a candidate, the legality nes ses to be set or illegality of such vote shall not be brought into question in ^' t j ge ^ any such contest; and the said statement shall further set forth ^ a ^ on of to t j| the names and residences of the witnesses who will be produced give^by each on behalf of the contestant to prove such illegal votes and the substance of the testimony to be given by each; and at the trial of any contest, cause or proceeding to be instituted or continued, 154 Contestant to or wn ich has been instituted or will be continued under the be limited to . . . , 1 . . witnesses provision of this act or of the act to which this act is an staTe e ment filed amendment , the contestant or plaintiff shall be limited in his proof and in the admission of evidence to the witnesses named hed ne in se the!? 1 " ^ n sa ^ statement, and the witnesses shall be limited in their testimony testimony to the facts set forth in the statement filed and deliv- ered as aforesaid with respect to which it shall be therein alleged that they will be expected to testify; said statement shall be verified by the oath of the contestant that the matters therein statement shall set forth are so far as they relate to his own act and deed and that be verified by w h a t relates to the act and deed of any other person he believes oath of con- testant to DC tTUCJ . Chap. 572, Vol. Chap. 572, Vol. Section 8. ********* thoSotary Pr ~ 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, Vol. ti on f or the person whose right to office is contested to appear on the first day of the second term of the said court to make citation for de- such defense as he may have in said case, which citation shall whom n issued 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 Notice party defendant in person, or, if he cannot be found, by leaving HOW served a copy thereof at the house where he last resided at least five days before the day to which such citation is returnable. The Return 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. may dis- 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 evidence governing the determination of questions of law and facts in the Chap. 572, Vol. courts o f law j n t ^ s state, so far as the same are applicable. * 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. ion C urt Section 12. All.cases of contest under this act shall be fully heard and determined by the Court, without the aid or inter- vention of a jury, unless one or both of the parties to the contest 155 shall claim a trial by jury, and the Court shall v in their judgment determine that it is a case which, under the Constitution and laws of the State, the party or parties are entitled to a trial by jury. In such case a jury shall be empaneled, and the cause proceed according to the rules and practice of the Court in jury 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 JJ ap - 572 - Vo! the ballot boxes, ballots, poll lists, tally sheet, or other books or records, pertaining to any election, excepting the certificate of election of the officer against whom the contest may be made, duly signed by the Sheriff or presiding officer of the Board of Can- when ballot vass and the Inspectors present, and filed according to law, shall pCiTusS^and' have come in any way, legally or illegally, into the possession, Jjjjy b s e he og| red care or custody of any person, officially or otherwise who shall in evidence have been a candidate and voted for upon the same official bal- lot as a candidate of the same political party as the contestant, no such ballot boxes, poll lists, tally sheets, or other books or rec- ords pertaining to the said election, excepting the certificate of election as aforesaid, shall be offered in evidence in any con- test 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 conforming or annulling such election altogether, or declar- ing some other person than the one whose election is contested duly elected. Section 14. If it appear by the judgment of the Court O r 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: ***** * Chap. 572. v< Section 15. When the person whose election is contested is proved to be ineligible to the office, judgment shall be rendered declaring the election void and the office vacant, and such pro- ceedings 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 vacant, and such proceedings shall then be had as in vacancies happen' ng from fined any other cause 156 5> x sts uti n for Section 16. Judgment for costs shall be rendered in all cases against the unsuccessful party to the contest, and execution may issue against him for the same. ve* security Section 17. Any person contesting any elecetion under the for costs provisions of this act, shall be required to give security for costs in such amount and manner as the court shall order. Such security, however, shall in no case be enforced unless judgment for costs be rendered against the contestant. Proviso con- (Section 18. Provided, however, that this act shall not be - construed to prevent a further prosecution of any contest now pending under the provisions of the act hereby amended if advan- tage shall be taken of the provisions of this act and the state- ment required by Section 1 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. 157 CHAPTER 22, VOLUME 18. AN ACT Concerning the Appointment of Electors of President and Vice- President. Section 1 . Any person intending to contest the election of Notice of con- any one declared by the Governor to have been chosen an elector oFeiectore^haU of President and Vice-President of the United States shall, within ^ n g ^ e y n s within ten days after such declaration by proclamation of the Governor, give written notice of such intention to the person whose elec- tion he intends to contest and also to the Governor; and within five days after the delivery of said notice shall deliver to the person whose election he contests and to the Governor written ^j-^ ^yedfi- specification of the grounds upon which it is intended to contest founds and said election of the person so declared to 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 particularly set forth the What xt fort h name of each alleged illegal voter, with the several objections to the legality of his vote; and shall also distinctly set forth Hundred, eiec- and state the'hundred and election district or precinct at which p^incfSSu 01 " the illegal vote was cast. be stated Section 2. The person declared to have been elected as Person whose aforesaid and who shall receive notice of contest as aforesaid, tested shall shall, within ten days after receiving specification of the grounds of contest, deliver to the person so contesting his election, and son to the Governor, a like specification of objection to the right his objection of the contestant to be declared an elector; and in such specifi- cation may also state any other ground upon which he rests the validity of his election. Section 3. Every specification as aforesaid shall be verified specification by the affidavit of the party delivering the same, stating that verily believes that the grounds of objection set forth are sub- stantially true; and that the voters specified as illegal voters were not entitled by law to vote at the election in question. Section 4. The notice and specification verified as afore- Specification said, which shall have been delivered to the Governor, shall be deiivlred. to to be by him delivered to the Canvassing Board, hereinafter created, together with the certificates of the votes given for each person, voted for for elector as returned to him by the respective Boards of Canvass under the election laws of this State, on the first day of the assembling of the Canvassing Board herein created. 158 Pa e S d ha to be Section 5. In the trial of the case of a contested election 6 of ob- the parties shall be restricted to the grounds of objection in the specl " specifications set forth ; and the statements of the other grounds upon which the person declared to have been elected rests the The illegality of validity of his election; and shall not examine into the illegality other votes of any other voter other than those specified as illegal, nor impeach quired nto e m " such votes for any causes other than those so specified as afore- said. Party declared Section 6. When any contestant or person who has been electee! or con- * * * testant may ap- declared elected, and whose election is contested, is .desirous of thonotery o?" obtaining testimony respecting a contested election, he may apply to the Prothonotary of the Superior Court of the State of Dela- ware, in and for Kent County, for a supboena or subpoenas for summoning such witnesses as he may wish to appear before the directfd a to to the Board of Canvass at such time as shall be in the subpoenas desig- ty e w1ie re c 5- mte d- Such subpoena shall be directed to the Sheriff of the nesses reside county in which the witness or witnesses reside, and shall be served in the same manner as subpoenas for witnesses in civil sheriff shall cases are served. The Sheriff to whom a subpoena may be make returns directed shall make return of his service thereon to the said Board of Canvass on the first day of its meeting to hear the contest. ?f U s?ate r of C De r i- Section 7. The Superior Court of the State of Delaware, aware for Kent in and for Kent County, is hereby created and declared to be a aBoard S e cS Board of Canvass to hear and determine all contests of elec- vass tions of electors of President and Vice-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 Duty of the it shall be the duty of the Governor, whenever a notice of con- test is served upon him, immediately to make proclamation con- vening said Superior Court in special session at the Court House n 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 Supe- Section 8. The said Superior Court, after hearing any con- test of election of an elector or electors, shall make out and cer- tify, under the seal of the Court, the ascertainment of the vote of the State for electors, and also certify the names of the per- sons chosen as electors, and cause said ascertainment and cer- tificate, 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. 159 CHAPTER 329, VOLUME 16. AN ACT to Secure Free Elections. Section 1 . That if any person or corporation existing or Jj^jgjj^ t " at doing business in this State shall hinder, control, coerce or intim- person or cor- idate, or shall attempt to hinder, control, coerce, or intimidate SSSed 11 pr 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, abso- lutely or contingently, directly or indirectly, every such person Penalty or corporation so offending shall be guilty of a misdemeanor, 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 offending as aforesaid the sum of five hundred dollars. Section 2. That in all trials under the provisions of the Extent of iia- foregoing section the act or acts of any officer of a corporation, so far as they affect or concern any employe or servant of such 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 160 "CHAPTER 26, VOLUME 19. AN ACT in Relation to the Levy Court of New Castle County. ******** E Sncation d of Section 6. * * * That at the general election in the Receiver of year A. D. 1892, and the general election in each and every fourth CoSnty and year thereafter, there shall be voted for and elected by the voters Treasurer o f N ew Castle County qualified to vote for members of the Gen- eral Assembly, a person being a resident freeholder as aforesaid, to fill the sa'd office of Receiver of Taxes and County Treasurer. Term of office 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. * * Election of Section 16. * * * That at the general election in the Comptroller y ear 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- Term of office 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 duly qualified. * Amended. See Chapter 50, Volume 22. 161 CHAPTER 50, VOLUME 22. AN ACT in Relation to the Levy Court of New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the County of New Castle, for the pur- pose of this Act shall be and the same is hereby divided into seven districts, as follows, to wit: One shall comprise and be composed of the Second, Fourth, Sixth, Eighth and Ninth wards of the City of Wilmington, being Representative Districts Num- ber One and Number Two in New Castle County, as the same Boundaries now are bounded and described or may be hereafter extended or enlarged in any way, and the said district shall be known as the First Levy Court District; another shall comprise and be composed of the First, Third, Fifth, Seventh, Tenth, Eleventh and Twelfth Wards of the City of Wilmington, being Represen- tative 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 Hundred, together with all that portion of Christiana Hundred lying north of and bounded by the central line of the Lancaster Turnpike, being Senatorial District Number Three in New Cas- tle County and the said district shall be known as the Third Levy Court District; another shall comprise and be composed of Mill Creek Hundred, together with all that portion of Chris- tiana Hundred lying south of and bounded by the central line of the Lancaster 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 Senatorial District Number Six in New Castle County, and the said district shall be known as the Sixth Levy Court District; and the remaining district shall comprise and be com- posed of Appoquinimink .Hundred and Blackbird Hundred, being Senatorial District Number Seven 'n New Castle County, and the said District shall be known as the Seventh Levy Court District. effect 162 Section 2. That at the general election to be held in the year A. D., one thousand nine hundred and four, and at the general election to be held in every fourth year thereafter, there 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 office, as such Commissioner, for the term of four years, commencing on the first Tuesday in the month of January next following each election. of vacancy Section 3. That the said Levy Court Commissioners so to first Tuesday in be elected, shall thereafter constitute the Levy Court of New election after Castle County, and shall meet for organization on the first Tues- day 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 organization, 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 Con- stitution 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, ineligibility 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 having the qualifications hereinbefore required in that behalf to fill the vacancy so created pursuant to the provisions of the Constitu- tion in that behalf. The Levy Court Commissioners to be elected under this act shall have as full and complete jurisdiction 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 in the several members thereof, and shall exercise every power privi- lege, 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. in case of tie Section 5. Should any two or more persons voted for as vote Governor T _. . .. J . .... . .,., to appoint 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 per- sons to be the Levy Court Commissioner from said district. Powers of 163 The Levy Court Comnv ssioners to be elected under the pro- Salary of visions 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. Section 6. That from and after the time this Act becomes Levy Court to a law until the thirty-first day of December, A. D. 1904, the Levy S5&? * Court of New Castle County shall consist and be composed 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 Commissioners to be appointed by the Governor; and the said five Levy Court Govemor to ap _ Commissioners so elected as aforesaid, and the said two Levy point two addi- Court Commissioners so to be appointed as aforesaid shall con- the"eof me stitute the Levy Court of New Castle County until the time aforesaid; and the Governor is hereby authorized and empowered to appoint two suitable persons from among the electors, of said county to be Levy Count Commissioners of New Castle County as aforesaid for the term aforesaid. The said Levy Court Commissioners so elected and so fj^ e 7 ^ T du ' appointed shall have, possess, enjoy and exercise all the rights, Court thus con- powers, privileges and duties of Levy Court Commissioners 01 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 possesses, enjoys and exercises. Section 7. That all Acts or parts of Acts inconsistent here- with, or repugnant hereto, or supplied or manifestly superseded hereby, be and the same are hereby repealed and made null and void. Approved March 7, 1901 164 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 Representatives of the State of Delaware in General Assemb y met: Section 1. * * * * * * Levy Court Section 2. That from and after the said first Monday in how composed j^^ jgg^ the Levy Q ourt Q 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 provided. Section 3. * * * * * * Districts Election Term Qualifications Districts Term Election Term District Term Vacancies Tie vote 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 qualified 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 offices 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 resi- dent freeholders in each of the following representative dis- tricts, to wit: Numbers one, five, six, seven and nine by the qualified voters thereof, one person to be a Levy Court Commis- sioner of Kent County. The persons elected at the said general election in the year A. D. 1900 shall hold their respective offices until the first Tuesday in February A. D. 1905 and until their successors are duly elected and qualified. Section 5. * * * * * * 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 here- inbefore required in that behalf. 165 Should any two or more persons voted for as Levy Court Com- missioners of anv district receive an equal and highest number . 1 1 T- 1 r /-^ 111 r Appointment of votes cast at any election the Board ot Canvass shall certily the fact to the Governor, who shall forthwith select one of said persons to be Levy Court Commissioner from said district, who shall hold the said office for two year^ from the first Tuesday in February then next ; and at the general election then next to be ScSssor f held in said county a successor shall be elected in said district for the unexpired term of two years. * * * Approved May 19, A. D. 1898. CHAPTER 54, VOLUME 22. AN ACT Reorganizing the 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 1. That from and after the first Tuesday in Feb- ruary, A. D. 1903, the Levy Court of Sussex County, as now to be abolished organized and constituted, be and the same shall be abolished, m and the terms, duties and powers of the office of the Levy Court Commissioners now compos' ng 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 Tuesday in February, A. D. 1903, the Levy Court of Sussex County shall be composed of ten members, one of whom shall be chosen fromone from each each of the ten Representative Districts into which Sussex County D?Jtrict ntative is divided by the Constitution of the State, in the manner hereinfater provided. Section 3. That at the General Election to be held in the How elected 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 even numbered Representative Districts, by the qualified electors thereof, a Levy Court Commissioner for Sussex County for said districts for the term of four years. 166 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 freeholders 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 qualified. 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 free-holders in each of the even numbered Representative Districts, 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. 1906, shall hold their respective offices until the first Tuesday in February, A. D. 1911, and until their successors are duly elected and qualified. TO meet for Section 5. The persons elected Levy Court Commissioners 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 num- ber presiding officer, and in case of two of said Levy Court Com- missioners shall receive an equal and highest number of votes for said presiding officer, and in case there shall be a tie vote on any other question whatever (all the members of said Levy Pelce to have Court being present and voting), the Clerk of the Peace of Sussex deciding vote County, or such other person as may hereafter be Clerk of the e Peace of the said Levy Court, shall have the deciding 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 Commissioners shall have TO make rules power to make rules for their government not inconsistent with the Constitution and the laws of the State of Delaware; and Meetings of after their first meeting they shall meet at the County Build- ing in the Town of Georgetown, on the first Tuesday in each and every month, in each and every year, excepting the months of June, July, August and September. In case of death, resig- nation or removal from the district of any Commissioner elected or appointed under the provisions of this Act, it shall be the duty Governor to ap- of the Governor to appoint some suitable person to fill such vacancy case f unexpired term having the qualifications hereinbefore required in that behalf. The Levy Court Commissioners appointed and . to be elected under the provisions of this act, shall have full and complete jurisdiction over all and every the matters and things now vested by law in the Levy Court of Sussex County as at pres- 167 ent constituted, and in 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 cetirfy to the fact vote to Govern- to the Governor, who shall forthwith select one of said persons or to be Levy Court Commissioner from said district, who shall hold the said office for two years from the first Tuesday in February, thence next ensuing, and at the general election then next to2SoS?2a be held in said county, a successor shall be elected in said dis-next election trict for the unexpired term of two years. The Levy Court successor Commissioners appointed and to be elected under the provisions ^^ te^ 11 " of this Act shall be paid for their services the yearly sum of two hundred dollars ($200.00), in quarterly instalments of fifty dollars Sa each, in lieu of all other compensation, by warrants duly drawn on the County Treasurer. That it shall be the duty of the pres- ent Levy Court of Sussex County and every Commissioner 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 February, A. D. 1903, TO surrender to surrender and deposit the same with the Clerk of the Peace of the said county, who shall keep the same subject to the con- Peace trol 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 penalty for re- upon conviction thereof shall forfeit and pay a fine of five hundred fusing dollars, and be imprisoned for the term of one year, or until the said records, books, papers or other property shall be delivered into the custody of the said Levy Court or Levy .Court Com- missioners. Section 6. That the sad Levy Court Commissioners, at T 11 ^J ) r in t f a their first meeting in March, A. D. 1903, and in each and every Taxeffor each year thereafter, after having settled with the collectors of the district said several districts as hereinafter provided, shall appoint for each of the ten Representat've Districts one qualified voter resi- dent therein, to be Collector of Taxes of said district for the year in which he shall be appointed, who shall have all the power and authority, and be subject to all the requirements, qualifi- cations and duties heretofore imposed upon Collectors of Taxes in and for the county aforesaid. 168 f Collec " It shall be the duty of said several collectors in' said county to 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, delinquents and uncollectable taxes as it shall deem meet and proper. After such errors, delinquents and uncollectable taxes and the percen- tum hereinbefore provided for shall be allowed and deducted from the aggregate amount of the duplicate delivered to each of said collectors, if then any or all of said collectors are in arrears Collectors in ar- to said county, such collector or collectors as are in arrears shall fo^eappom^^be ineligible for reappointment unless such arrearages shall be immediately paid over to the County Treasurer of said county. ?eSof th f e 'po 1 o s r Section 7. That from and after the first Tuesday in Febru- terminated A. ary, A. D. 1903, the terms of office of tlie several Trustees of the Poor heretofore appointed by the said Levy Court of Sussex 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 app y in?ten to directed, and it shall be their duty to appoint for each of said Trustees er Representative Districts a qualified voter of and resident in the district, and the person so appointed shall compose the Trustees HOW and when of the Poor for Sussex County. The said Levy Court shall, at appointed fts 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 February, 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 successor shall be appointed by the said Levy Court for the term of two years, and likewise every two years thereafter. In case fined" 1 ?? Levy of a vacancy or vacancies happening by death or otherwise, the any Levy Court shall at any meeting thereof fill the same for the unexpired term. In addition to the powers and duties now other duties to possessed and imposed on the Trustees of the Poor of Sussex Co r irt y a t moun V t yCount y aforesaid it shall be their duty to certify to the Levy necessary for Court, on or before the first Tuesday in March, A. D 1904, and A\m"house ce in each and every year thereafter, an estimated amount of the appropriation which it will require for. the maintenance of the Alms House for the year succeeding, beyond the produce and income derived from the Alms House farm; and the said Levy Levy Court to Court shall levy a proper rate for that purpose, to be levied levy tax there- with the other county rates, and to be collected by the county collectors of said county, as provided by this Act. 169 Section 8. That for all work and labor required to be done upon the public roads of said county, or for the construction, of $200 shall repair and maintenance of bridges which are maintained at pub- lie expense, and for all materials, tools, implements and machinery to be furnished, had, used for or on account of said county, where the cost in any particular case, section or district which may be established by said Levy Court, which will probably exceed two hundred dollars, the Levy Court shall publicly advertise for proposals for the doing of said work and for the furnishing of said materials, tools, implements and machinery, and shall give the contract to the lowest, competent and responsible bidder or bidders, and the Levy Court shall require of each bidder or bond bidders a bond to the State of Delaware in double the amount of such bid, with surety or sureties to be approved by the said Levy Court for the faithful performance of such contract. Section 9. That it shall be the duty of the said Lew Court TO appoint of Sussex County at its first meeting in March, A. D. 1903, and in each and every year thereafter, to appoint for each of said ^P*** 6 dis ~ ten Representative Districts one or more qualified voters resi- dent therein to be Overseer, or Overseers of Roads, whose duties, powers, qualifications and requirements shall be the same as now required and imposed by law upon Road Overseers, except as herein provided; provided, that the said Levy Court shall not assign to any of said Road Overseers a road lying partly 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 be the duty of court cdm'mis- each of said Levy Court Commissioners on such days in Feb- ^9 T oversell ruary, A. D. 1903, as he shall designate, and in each and every of his district year thereafter, to settle with the said Road Overseers in his district at some central and convenient place to be by him desig- nated, notice of which time and place of meeting shall be given Notice of meet- to each of said several Road Overseers by each of said Levy ing Court Commissioners, either in person or by letter at least ten days before the time of meeting, and the said Levy Court Com- missioners, and shall make a report in writing to said Levy Court Levy Court at its next session which report will show an itemized statement of all expenditures made by each of said Road Overseers, accom- panied by the stubs of orders drawn on the County Treasurer for all such items. Provided, that no per diem or mileage shajl N9 per diem for be allowed to any Road Overseer or Levy Court Commissioner said meeting for or on account of attending said meeting or making said report. Section 10. That the said Levy Court shall, on the first J Tuesday in March, A. D. 1903, and in each and every year there- stable in each after, appoint for each of the said several ten Representative d1Srict ntatlve 170 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 appointed Powers of an( j w h o s hall have all the power and authority and shall be subject to all the requirements, qualifications and duties hereto- F- fore imposed or obligated by law upon Constables in and for Sussex County aforesaid. Majority to Section 11. That the votes of a majority of all the mem- !rs 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 place t f decide hereafter authorized by law to elect or appoint; provided, that tie vote in case of a tie between the two candidates receiving the highest 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 provided Levy Court for. And further provided, that each Levy Court Commissioner Commissioner s hall nominate, and the Levy Court shall elect, all officers for of each district . .*,. i 1 T r^ / to have right to their respective districts which said Levy Court is now or may officers therein be hereafter authorized by law to elect or reappoint, which, offi- subect tobond cers are not ky law required to enter bond. bedl* Section 12. The said Levy Court in selecting Grand and equally Petit Jurors shall apportion the number required by law among the several Representative Districts equally as may be. listing feS^to Section 13. That all existing laws in relation to the Levy be applicable Court of Sussex 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 parts of Acts inconsistent with this Act are hereby repealed. Approved, March 9, A. D., 1901 171 CHAPTER 27, VOLUME 19. Of the Election of County Treasurer. Section 5. At the general election to be held in Kent County Election of in November, A. D. 1892, and at every general election to be 2^ Treas ~ 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 Thurs- Term of office day next following the first Tuesday in February next succeeding said general election. * * * * * CHAPTER 28, VOLUME 19. Of the Election of County Treasurer. ******** Section 5. At the general election to be held in Sussex Election of County in November, A D. 1892, and at every general election nty ' 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 hs office for the term of two years, commencing on the Term of office Thursday next following the first Tuesday in February next succeeding said general election. * * * * 172 CHAPTER 31, VOLUME 17.* AN ACT in relation to the Election of Road Commissioners in New Castle County R ton anc ^ Great Valley Turnpike Company, and South of the CotTntyf Lund- Baltimore and Ohio Railroad, shall be and the same is hereby ary of changed made> & part Q f the Second Election District of the Sixth Repre- sentative District in New Castle County, with the voting place at Sharpley's School House. Section 2. All Acts or parts of Acts inconsistent herewith are hereby repealed. Approved March 29, A. D. 1907. 177 CHAPTER 69, VOLUME 24. AN ACT in Relation to the Election Districts of Representative District Number Eleven in New Castle County. Be it enacted by the Senate and Rouse of Representatives of the State of Delaware in General Assembly met: Section 1 . That for the purpose of holding all General and Representative Special Elections for State, County, District and Hundred Offi- cers, in Representative District Number Eleven, in New County, said Representative District shall be and is hereby Election Dis- divided into two Election Districts by the following line, to wit: tncts Beginning at the intersection of the State Road, with the boundary line between the States of Delaware and Maryland; thence by said State Road in a northeast course through the Milage of Glasgow to the intersection of the aforesaid State Road T with the boundary line between Pencader Hundred and New Castle Hundred. All that portion of said Representative District Number Eleven, in New Castle County, lying north of the aforesaid State Road, shall be designated and called the First Election District of Representative District Number Eleven, in New Castle County, and the polling place for said Election District shall be the build- ing now owned or occupied by William C. Brooks, in the Village of Glasgow. All that portion of the aforesaid Representative District Number Eleven, in New Castle County, lying south of the afore- said State Road, shall be designated and called the Second Elec- tion District of Representative District Number Eleven in New- Castle County, and the polling place for said last mentioned Election District shall be the house occupied by Samuel M. McClenaghan, in the Village of Glasgow. Section 2. All laws or parts of laws inconsistent with the provisions of this Act, be and the same are hereby repealed. Approved March 29, A. D, 1907 178 CHAPTER 50, VOLUME 26. AN ACT changing the boundaries of the First and Second Election Dis- tricts of the Seventh 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: Fi ? rst nda Ei e e S ctio n Section 1. That all that portion of the Seventh Represen- pistrict of the tative District in New Castle County lying South of a line begin- beventh Repre- . , ., 1 1 r -r 1 /->i /-> 1 j 1 j sentative Dis- rung on the easterly side of Red Clay Creek at the intersec- tion of the line dividing the land owned by G. M. D. Lynam and that owned or lately owned by Richard Rothwell, and extend- ing Easterly along the line from said point to the lane leading from the property now or lately owned by Richard Rothwell; thence Northerly along said lane to its intersection with the Black Road; thence along center of said Black Road in an East- erly direction to the intersection of said road with the Newport and Gap Turnpike; thence in a Northerly direction from the Newport and Gap Turnpike along the center of the road lead- ing from Newport to Price's Corner to a point where the Bal- timore & Ohio Railroad crosses said road; thence along the said Baltimore & Ohio Railroad in an Easterly direction to a point where the said Baltimore & Ohio Railroad crosses Mill Creek; thence along said Mill Creek in an Easterly direction to its intersection with Silver Brook ; thence Northerly along the center of Silver Brook in its various courses to a point in the division line between the Estate of Dr. ]. P. Stidham and the Northerly side of the Right of Way of the old Delaware West- ern Railroad ; thence Easterly along the said division line between the Estate of Dr. J. P. Stidham and the Northerly side of the said Right of Way to a point in the- Easterly side of an old lane leading from the Newport Pike to the Estate of Dr. ]. P. Stid- ham and being also the division line between the Estates of Dr. ]. P. Stidham and A. C. Cleland; thence North Northwest- erly along the said Easterly side of the said lane and division line between the Estates of Dr. ]. P. Stidham and A. C. Cle- land to a corner; thence still along the said Easterly side of said lane and division between the Estates of Dr. J. P. Stidham and A. C. Cleland Northerly to a corner; thence Northeasterly along still another division line between the Estates of Dr. J. P. Stidham and A. C. Cleland to a point on the line of the City of Wilmington. Shajl be and the same is hereby created the First Election District of the Seventh Representative District in 179 > New Castle County with the voting place at Red Men's Hall Votin in the town of Newport. Section 2. That all that portion of the Seventh Represen- tative District in New Castle County lying North of that line Seventh Repre- described in Section One of this Act and South of the Wilming- S?* ton and Lancaster Turnpike shall be and the same is hereby known as the Second Election District of the Seventh Represen- tative District in New Castle County with the voting place at Voting place Foard's Store, Marshallton. Section 3. All Acts or parts of Acts inconsistent herewith are hereby repealed. Approved March 30, A. D. 1911. CHAPTER 51, VOLUME 26. AN ACT to change the Voting Place in the Fifth Election District of the Seventh Representative District of New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That from and after the approval of this Act the place for holding all general elections in and for the Fifth changed to du Election District of the Seventh Representative District in New HOU^ Castle County, shall be in the building known as "du Pont School House" in said Election District, and the holding of General Elections in and for said Election District at "Mt. Pleasant Holding ei> Hotel" in said Election District is hereby discontinued and abol- pjSLnt* Hotel ished, and the place for holding general elections in said Elec- discontinued tion District, herein established, shall be the legal place for hold- ing all general elections in said Election District. Section 2. That all Acts or parts of Acts "inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 30, A. D. 1911. 180 CHAPTER 67, VOLUME 27. AN ACT to change the boundaries of the Third and Fourth Election Dis- tricts of the Seventh Representative District in New Castle County. Be it enac ed by the Senate and House of Representatives of the State of Delaware in General Assembly met: of Section 1. That all that part or portion of the Fourth pre- Election District of the Seventh Representative District of New tnct of New Castle County, bounded and described as follows, to wit: Castle County Beginning at Adams Cross Roads, and running from thence Boundaries of ^ , & , fe .. , . e TV -, r -r, 1 1 -, new district Easterly, along the centre line or the road trom Rockland to Chadds Ford to the Rockland Bridge; thence along the centre line of the road from Rockland to Wooddale to where it crosses the Du Pont Road; thence along the centre line of the Du Pont Road to where said road intersects with the Chadds Ford Road at Adams Cross Roads and place of beginning, be and the same is hereby made and constituted a part of the Third Election Dis- trict of the Seventh Representative District of New Castle County ; and all persons within the said above described bounds, entitled to vote, shall hereafter register and vote at the place designated by law for the voters of the Third Election District of the Seventh Representative District to register and vote. Section 2. That all Acts or parts of Acts inconsistent here- with be and the same are hereby repealed. Approved March 19, A. D. 1913. 181 CHAPTER 68, VOLUME 27. AN ACT creating five election districts in the Tenth Representative Dis- trict of New Castle County (New Castle Hundred). Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . For the purpose of holding all elections for Creating five State, County, Hundred and District offices, and for all other trictSnstSd of purposes, as may now or hereafter be held by and under author- f ur . as hereto- ity of any acts passed by the General Assembly the Tenth Rep- Tenth 1 Repre- resentative District (New Castle Hundred) shall be divided into S a of ve NeS is " five election districts, by the following lines, viz. : Castle County (a) Beginning at the Delaware River in the center line of Boundaries of Delaware Street in the City of New Castle; thence by the said First District center line of Delaware Street until it intersects the center line of Fourth Street; thence by the said center line of Fourth Street until it intersects the center line of the street or road leading from New Castle to Wilmington; thence by the said center line of said street or road to a point where said road or highway reaches the limits of New Castle Hundred near Eden Park; thence by the boundary of said Hundred to the Delaware River and thence by said river to the place of beginning, shall be the First or Eastern District and the elections in said District shall be- held in the Old Court House in the City of New Castle. (b) Beginning at the point of intersection of Fourth Street Boundaries of and Delaware Street in the City of New Castle; thence by the Second District said centre line of Fourth Street until it intersects the center line of the street or road leading from New Castle to Wilming- ton; thence by the said center line of said street or road to a point where said road or highway reaches the limits of New Castle Hundred, near Eden Park; thence Westerly by the boundary of said Hundred to a point in the center line of the Christiana River; thence by the center line of said Christiana River to a point in the center of the drawbridge over said river at the town of Newport; thence from the center of said river by the center line of the road leading from Newport to New Castle until said road intersects the road known as the New Castle and French- town road (or Delaware Street extended) ; thence by the said road or street to the place of beginning, shall be known as the Second or Northern District and the elections in said District shall be held in the shop of Charles H. Clewell in the City of New Castle. 182 Thfrf d Diltrict ( c ) Beginning at a point in the center of the drawbridge over the Christiana River at Newport; thence from the cen- ter of said river by the center line of the road leading from New- port to New Castle until the said road intersects the road known as the New Castle and Frenchtown road (or Delaware Street extended); thence by said road or street to the center line of the right of way of the Wilmington and New Castle cut-off of the Delaware Railroad; thence by the said center line of the right of way of the cut-off of the Delaware Railroad until said cut- off intersects the right of way of the main line of the Delaware Railroad; thence by said center line of said Delaware Railroad until it intersects the center line of the public road at State Road Station; thence by the center line of said public road to a point dividing lands of James W. Denning from lands late of John Johns ; thence by said dividing line to a point in the center of the right of way of the Delaware Railroad; thence by center of said right of way to the point of intersection of the road (extended) that leads from the New Castle and Frenchtown road to the road that leads from New Castle to Christiana; and thence by the center line of last named road and by the center line of the road leadingjirom New Castle to Christiana, to a point in the center of the drawbridge over the Christiana River at Christiana; thence by the center line of said Christiana River to the place of begin- ning, shall be the Third or Western District and the elections in said District shall be held in the store of James J. Ryan in the City of New Castle. Fourth a D?strict (d) Beginning at a point in the center line of the right of way of the cut-off of the Delaware Railroad where it intersects Delaware Street (extended) in the City of New Castle; thence by the center line of said Delaware Street to the Delaware River; thence by the said Delaware River to a point dividing lands of Florence B. Hilles from lands of Mark M. Cleaver; thence by said dividing line to the center line of the public road leading from New Castle to Delaware City; thence by the center line of said public road to a point of intersection with the road known as Federal School Lane; thence by the center line of said road to the center line of the road leading from Wilmington to Red Lion; thence by the center line of said road to a point dividing lands of James W. Denning from lands late of John Johns ; thence by said dividing line to a point in the center line of the right of way of the Delaware Railroad; thence by said center line of said right of way to a point of intersection with the right of way of the Wilmington and New Castle cut-off of the Delaware Rail- road; thence by the center line of said cut-off right of way to the place of beginning, shall be the Fourth or Southern District and the elections in said district shall be held in the building of the Good Will Fire Company in the City of New Castle. 183 (e) Beginning at a point on the Delaware River dividing p lands of Florence B. Hilles from lands of Mark M. Cleaver; thence by said dividing line to the center line of the public road leading from New Castle to Delaware City; thence by the cen- ter line of said public road to a point of intersection with the road known as Federal School Lane; thence by the center line of said road to the center line of the road leading from Wilmington to Red Lion; thence by the center line of said road to a point dividing lands of James W. Denning from lands late of John Johns; thence by said line to the center line of the right of way of the Delaware Railroad; thence by the center of said right of way to a point of intersection of the road (extended) that leads from the New Castle and Frenchtown road to the road that leads from New Castle to. Christiana; thence by the center line of said road and by the center line of the road leading from New Castle to Christiana to a point in the center of the drawbridge over the Christiana River at Christiana; thence by the center line of said River and other lines dividing New Castle Hundred from White Clay Creek, Pencader and Red Lion Hundreds from New Castle Hundred to the Delaware River and thence by said River to the place of beginning, shall be the Fifth or Southwest- ern District and the elections in said District shall be held in the village of Bear at such place as shall be procured by the Inspec- tor or other officer holding the election in said district. Section 2. It shall be the duty of the Governor to appoint Governor to ap- an Inspector of Election for the said Fifth Election District ere- J*or of Eiic- ated,by this act, to hold the general election next ensuing after ^ t s g ^ er ^ old the passage of this act, (but any special election held before election after the next general election shall be held in the four election dis- ict^for Fifth 15 tricts existing prior to the passage of this Act) and at the next District ensuing general election and every two years thereafter an Inspec- tor for said District shall be elected by the electors of the said District, Section 3. The persons who were elected at the general inspectors for election held in November, A. D. 1912, as Inspectors in the Third and n First, Second, Third and Fourth Election Districts shall continue ***** in said office in the First, Second, Third and Fourth Districts until their successors are elected at the general election to be held in A. D. 1914. NOTE. This bill became a law on March 6, 1913, without the approval of the Governor and in accordance with Sec. 18, Article III of the Constitution of Delaware. THOMAS W. MILLER, Secretary of State. 184 CHAPTER 158, VOLUME 21. AN ACT to Divide Kenton Hundred and Representative District Number Three of Kent County into Two Election Districts. Be it enacted by \he Senate and House of Representatives of the State of Delaware in General Assembly met: Representative Section 1. That for the purpose of holding elections for No ' 3 Hundred, District, County and State offices in Kenton Hun- dred and Representative District number three of Kent County the said Hundred and Representative District is hereby divided into two Election Districts, viz. : By a line beginning at a point on a line between the State of Maryland and the State of Del- aware where the said State line is intersected by the center line of the road leading from Millington to Clayton; thence along the centre line of said road in an easterly direction to the center line of the road leading to the Middle Alley road and the Ken- ton R a d; thence along the center line of the said road leading to the Middle Alley road and the Kenton Road, in a southerly 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 Spring's 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 Delaware Railroad at Brenford. All that part of Kenton Hundred and E>Tstrict Ele 3n Representative District Number Three of Kent County lying north and east 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. divided into two Election Districts Dividing line First Election District 185 CHAPTER 6, VOLUME 22. AN ACT Designating the Voting Place in the First Election District of Rep- resentative District Number Three of Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That after this Act becomes a law, every gen- Place of hoid- eral and special election held in the First Election District of E Representative District Number Three of Kent County, shall held at the times and in the manner fixed by law in the building District NO. 3 now occupied and used by Thomas Holliday, in the town of Clay- ton, as and for a wheelwright shop. Approved February 18, A. D. 1901. CHAPTER 8, 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 House of Representatives of the State of Delaware in General Assembly met: Section 1. That after this Act becomes a law, every Gen- eral and Special Election held in the Second Election District Election Dis- of Representative District Number Three of Kent County, shall Representative be held in the building now kept as an inn, tavern and hotel, by District Xo - 3 Samuel Fortner, in the town of Kenton. Approved February 18, A. D. 1901. 186 CHAPTER 9, VOLUME 22. AN ACT to divide Representative District Number Seven of Kent County into Two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Representative Section 1. That for the purpose of holding elections for divide? into' ? District, County and State offices in Representative District two election Number Seven of Kent County, the said Representative District is hereby divided into two Election Districts, viz. : Boundaries thereof By a line beginning at Stubbs Corner where the public road from Camden to Willow Grove intersects the northern line of the Sixth Representative District of Kent County and following the centre line of said Camden and Willow Grove road in a northeasterly direction to the centre line of the Cedar Lane road; thence along the centre line of the Cedar Lane road, in a southeasterly direction to the centre line of the public road from Camden to Canterbury; thence along the centre line of the said Camden road a short distance in a northerly direction to the centre line of the public road leading to Green's Mill and Rising Sun; thence along the centre line of the Green's Mill and Ris- ing Sun road in an easterly direction to the centre line of the public road leading from Camden to Magnolia at Rising Sun; thence following the centre line of the said Camden and Mag- nolia road in a southeasterly direction to the northern line of the Eighth Representative District of Kent County. All that part of Representative District Number Seven of Kent County lying north, east and west of said dividing line shall be the first Elec- tion District of Representative District Number Seven of Kent County, and all that "portion of said Representative District lying south, east and west of said dividing line shall be the Sec- ond Election District of Representative District Number Seven of Kent County. * Camden to be Section 2. That the town of Camden, Kent County, shall voting place in be the voting place of the First Election District of the said fricfNo. D i*~ Representative District, and the town of Woodside, Kent County, Woodside to be s ^ a ^ ^e ^ e voting place of the Second Election District of the voting place in said Representative District. Election Dis- trict No. 2 Approved March 9, A. D. 1901. 187 CHAPTER 70, VOLUME 24. AN ACT to establish the Voting Place of the First Election District of the Ninth Representative District of Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: * Section 1. That from and after the passage of this Act, the voting place for all primary and general elections to be held in ersentti the First Election District of the Ninth Representative District District in Kent of Kent County shall be at the Town Hall of Harrington, situate Co> changed in the town of Harrington, Kent County, Delaware. Section 2. That all acts or parts of acts inconsistent with this act are hereby repealed. Approved March 4, A. D. 1907. 188 CHAPTER 10, VOLUME 22. AN ACT dividing the Fifth Representative District of Sussex County into two Election Districts by a new dividing line of said district. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for the purpose of holding elections for Hundred, District, County and State offices in the Fifth Repre- sentative District of Sussex County, the said Representative District, in lieu of the present subdivision into election districts, viz.: At Warrington's Store, thence in a westerly course by the changing farm of E. H. Warrington, thence over the branch by the farm of the Two dec- of J. Cannon to the junctions of the road; thence in a north- Repres?ntative fwesterl y direction by the residence of T. Ward and J. Ward to District NO. s the mill stream of Ellis' Mills, over the stream to the main coun- try road leading from Laurel to Smith's Mills by Kings Church; thence in a westerly course by a new road by the farm of E. C. Go'rdy to the old State road; thence south down the old State road to Mrs. H. Lynch; thence in a westerly course by the farm of E. Oliphant and the farm of S. Hill to the main road lead- ing from Laurel to Delmar; thence in a northerly direction to the road leading to Bacon's Switch; thence in a westerly direc- tion leading to Bacon's Station, across the railroad, down the main country road by Jonathan Rickards, by the farm of J. W. Rickards till it strikes the road leading to Spring Hill; thence southerly to fork of road near Ralph Store; thence in a north- erly direction to the land of Charles Walson; thence in a west- erly course around said land back; thence in a westerly direc- tion to the main country road by William B. Rickards, S. P. Twilley and J. E. Twilley to the corner of D. M. Phillips; thence in a westerly direction to William Owens; thence in a southerly direction to A. R. Bradley; thence in a westerly direction to a point of R. Twilley 's fanm. Approved March 9, A. D. 1901. 189 CHAPTER 11, VOLUME 22. AN ACT Designating the Voting Places in the Election Districts of Repre- sentative District Number Five in Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That from and after this Act becomes a law ^ n n pl gj| o every general and special election held in the First Election tricfNo. s to'be District of the Fifth Representative District of Sussex County a * 1 4^ s a / i ] n au - shall be held at or near the Laurel House in the town of Laurel, town of Laueri Voting place of And every such election held in the Second Election District of the said Fifth Representative District of Sussex County shall be held at or near the store house of William L. Sirman in the to'bat or near townofDelmar. l m re L Ho staan f town of Delmar Approved March 9, A. D. 1901. 190 CHAPTER 12, VOLUME 22. AN ACT to Divide the Second Election District of the Tenth Representa- tive District of Sussex County into Two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Election Dis- Section 1. That for the purpose of holding elections for trict NO. 2 of Hundred, District, County and State offices in what is now the Dis^ridl^To Second Election District of the Tenth Representative District divifed Se into Co ' of Sussex County, the said Election District is hereby divided two election into two Election Districts, as follows: By a line beginning at Broadkiln Inlet at the entrance to the Delaware Bay; thence up Broadkiln Sound on a line of Broadkiln Hundred to Broad- Boundaries kiln Ri ver; thence up said river to Mill Creek; thence up said Mill Creek to Black Oak Gut; thence up Black Oak Gut and across the new road leading from Lewes, to Nassau to the old road leading from Milton to Lewes, at or near Yellow Hill School House; thence with said public road by way of Five Points and Prettyman's Corner to the public road leading from Lewes to Rehoboth, at William H. Virden's farm; thence in a southeast- erly direction across said Virden farm and southwest of the farm house to the head of Wolf's Glade; thence down and with the stream in said Wolf's Glade to Lewes Creek; thence turn- ing and running in an easterly direction to a point at the ocean shore, one-half mile south of Cape Henlopen Life Saving Sta- tion. All that part of the Second Election District of the Tenth Representative District of Sussex County lying on the north side of said dividing line shall remain and be the Second Elec- tion District of the Tenth Representative District of Sussex County; and all on the south side of said dividing line shall be the Third Election District of the Tenth Representative Dis- trict of Sussex County. Approved March 14, A. D. 1901. 191 CHAPTER 13, VOLUME 22. AN ACT Designating the Voting Places in the Second and Third Election Districts of the Tenth Representative District of Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That after this Act becomes a law every general Voting place in and special election held in the new Second Election District of the Tenth Representative District of Sussex County shall held at the place heretofore designated by law for holding elec- trict NO. 10 to tions in the Second Election District of the Tenth Represen- b( tative District of Sussex County, and every general and special E*Jg n pI f)2_ election held in the Third Election District of the Tenth Repre- trict NO. 3 of sentative District of Sussex County shall be held at Henry Wolf's Old Store, or as near thereto as practicable, in said district. Old Approved March 14, A. D. 1901. CHAPTER 55, VOLUME 23. AN ACT Designating the Voting Place in the First Election District of Repre- sentative District Number Six of Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That after this Act becomes a law, every gen- eral and special election held in the First Election District of g Representative District Number Six of Sussex County, shall be Representative held at the times and in the manner fixed by law at or within a radius of one-half mile from "Marvel's Old" Tan Yard" in the County and District aforesaid, and in the building owned by Geo. W. Marvel, or any other suitable building within the above boundary. Approved March 2, A. D. 1905. 192 vided election dis- tricts r?istrict ecti n CHAPTER 71, VOLUME 24. AN ACT to divide the Second Election District of the Third Representative District of Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: 2nd Election Section 1. That for the purpose of holding elections for Rep^sent^tiv^ Hundred, District, County and State officers in what is now the x 'coUty 8 ^- Secon(i Election District of the Third Representative District nto 2 of Sussex County, which includes Seaford Hundred, the said Election District is hereby divided into two Election Districts, as follows : By a line beginning at a point at the foot of Spring Alley in the town of Seaford on the North Bank of the Nanticoke River, thence with said Spring Alley to High Street, thence westward with said High Street to Arch Street, thence northward with said Arch Street to the County road forming the north- ern boundary of the town of Seaford, thence westward with said County road to a point of intersection with Pine Street, thence with the road leading by Ross Station to Wesley Church, thence with the County road leading from said Wesley Church over the branch and by the farms of John J. Kinder, Charles Friedel, Amos K. Corbin and others to the point of intersection of said road with the County road leading from Bridgeville to Federals- burg, and forming the northern boundary of said Second Elec- tion District of said Third Representative District. All that part of the said Second Election District of the Third Representative District of Sussex County lying on the east side of said dividing line shall remain and be the Second Election District of the Third Representative District of Sussex County, and all lying on the west side of said dividing line shall be the Third Election District of the Third Representative District of Sussex County. Approved March 4, A. D. 1907. CHAPTER 72, VOLUME 24. AN ACT Designating the Voting Place in the Second and Third Election Districts of the Third Representative District of Sussex County. Be it enacted by the Senate and House of Representatives of ike State of Delaware in General Assembly met: Section 1. That after this Act becomes a law every General inspectors to and Special Election held in the new Second Election District S? e *S>S u! of the Third Representative District of Sussex County shall be .* g_ held at some suitable place within that part of the town of Sea- tricts of 3rd ford included within the said new Second Election District, and SiS every General and Special Election held in the Third Election County District of the Third Representative District of Sussex County shall be held at some suitable place within that part of the said town of Seaford included within the said Third Election District. The place of holding the election in each of the aforesaid Dis- tricts to be selected by the Inspector or other officer appointed by law to hold the election Approved March 4, A. D. 1907. CHAPTER 73, VOLUME 24. AN ACT Providing for Inspectors to Hold Elections in the Second and Third Election Districts of the Third Representative District of Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1 . That Norman Rawlins shall be Inspector of inspector of Election in the Second Election District of the Third Repre- gjj^ 6 ^ ^ sentative District of Sussex County at the General Election to Representative be held in the year A. D. 1908, and the Governor shall appoint District a suitable elector of the Third Election District of the Third Representative District of Sussex County to be Inspector of for 3rd Election said General Election to be held in the year A. D. 1908, in said ReSSe d Third Election District. District Approved March 4, A. D. 1907 194 CHAPTER 46, VOLUME 25. AN ACT to Divide the First Election District of the Fifth Representative District of Sussex County into Two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Sussex County; Section 1. That for the purpose of holding general and spe- DiSktof e FiShcial elections in the First Election District of the Fifth Repre- sentative District of Sussex County the said Election District is hereby subdivided into two Election Districts, viz. : By a line Boundaries beginning at Laurel River at the foot of Central Avenue in the town of Laurel and running thence in a southerly direction with said Central Avenue to Clayton Avenue; thence with said Clay- ton Avenue in a westerly direction to the easterly line of lands of the Delaware Railroad Company ; thence with the easterly line of lands of the Delaware Railroad Company in a southerly direction to the line now dividing the Fifth Representative Dis- trict into two Election Districts, at Bacon Station. All that portion of what has heretofore been the First Election District of the Fifth Representative District of Sussex County lying east, north and south of said dividing line shall be the First Election District of the Fifth Representative District of Sussex County, and all that portion of what has heretofore been the First Election District aforesaid lying west, north and south of said dividing line shall be the Third Election District of the Fifth Representative District of Sussex County. Dfstrict Election Section 2. That the voting place of the First Election Dis- Voting place trict of said Fifth Representative District shall be in the town of Laurel aforesaid on the easterly side of said dividing line, Srict Electi n an< ^ ^ e v ti n S pl ace f the Third Election District of said Repre- Voting place sentative District shall be in the town of Laurel on the westerly side of said dividing line. Assessors Section 3. The assessor elected at the last general election for the First Election District of the said Fifth Representative District shall be the assessor for the Districts as herein pro- vided and his successor when elected shall be the assessor for the said First Election District and the said Third Election Dis- trict of the said Fifth Representative District. inspectors Section 4. The Inspector elected at the last general elec- tion for the First Election District of the said Fifth Representa- 195 tive District shall be the inspector for the Third Election Dis- trict as herein provided, and the Governor shall appoint an inspector for the First Election District of the said Fifth Repre- sentative District to serve until his successor is duly elected. Approved March 1, A. D. 1909. CHAPTER 54, VOLUME 26. AN ACT to Divide the Second Election District of the Second Representa- tive District, of Sussex County, into two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for the purpose of holding Elections for Election Dis- Hundred, District, County and State officers, in what is now the cSLir divided Second Election District of the Second Representative District, of Sussex County, the said Election District is hereby divided into two Election Districts as. follows: "By a line beginning at Norton's Mill Stream, thence in a District divided westerly direction with the public road leading to Dale's Cross- ing, thence by the public road to Cocked Hat, thence by the pub- lic road to the farm of Oliver A. Newton to a road leading to Bridgeville, thence by said road in a northwesterly direction to the first public road on the right leading to Scott's store, thence following said road to Scott's store, thence by said road to Wooden Hawk, thence following said road and crossing another road at Adams' Mill, thence straight to the Maryland line on road lead- ing to Anderson Town. All that part of the Second Election Dis- f^f gj^ t e io n f trict of the Second Representative District, of Sussex County , D '*** ^J be lying on the south side of said dividing line, shall remain and a be the Second Election District of the Second Representative District of Sussex County, and the polling place for said Second Election District shall be in the Town of Bridgeville as hereto- fore ; all on the north side of said dividing line shall be the Third Polling place of Election District of the Second Representative District of Sus- jrdj^ctkm sex County, and the polling place for said Third Election District at Greenwood e shall be in the Town of Greenwood. Approved March 30, A. D. 1911. 196 CHAPTER 55, VOLUME 26. AN ACT changing the voting place in the Third Election District of the Tenth Representative District of Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Voting place Section 1. That from and after the approval of this Act, every general and special election in the Third Election District of the Tenth Representative District of Sussex County, shall be held at Westcott's Shops at Westcott's Corner in said County, instead of Murray's Shops at Murray's Corner. Approved March 24, A. D. 1911. 197 Laws Relating Especially to Wilmington Hundred CHAPTER 40, VOLUME 21. AN ACT Creating a Department of Elections for the City of Wilmington. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That for the objects and purposes hereinafter set forth the Governor of the State of Delaware shall in the man- of elections of ner and at the times and for the terms set forth in Section 2 ofnmgton this act appoint three persons of the City of Wilmington, who shall constitute a department of Elections for the said city of Wilmington, and with the powers and duties prescribed in the sections following : Section 2 . That the terms of office of the present members Offices of pres- of the Department of Elections for the City of Wilmington, as depa^men? 8 c the same was constituted pursuant to the provisions of Chapter continued 39, Volume XIX, Laws of Delaware, shall not be vacated, but the said officers shall continue during the orignal term thereof, and said members shall during the continuance of their respective terms be members of the Department of Elections for the City of Wilmington created by this act. At the expiration of the term of office of the said member which shall be the first to terminate and biennially thereafter the place of the retiring member shall be filled by appointment by the Governor for the term of six years. No person shall be eligible to appointment as a member of said Department of Elections who is not a citizen of the Ouaiifications United States of America and a resident in the said city for which he is appointed, and who has not resided therein for a term of five years next preceding his appointment. No member Members not to of said Department of Elections shall hold or be a candidate f or Jg es other any elective office during his membership in said department, nor until the expiration of six months after he shall have ceased to be a member of said department. When any vacancy occurs in said department by or from any cause whatsoever, the Gov- ernor aforesaid shall fill the unexpired term by appointment, but at no time shall all the members of said department be of 198 piexk> c n l c m " the same political faith and opinion. Each of said members shall hereafter before entering upon his duties and within one month from the time of his appointment take and subscribe and file in the office of the Clerk of the Peace of the county wherein he resides an oath or affirmation that he will perform the duties of his office with fidelity and impartiality. The members of the Department of Elections shall meet and organize said Depart- ment of Elections, by this act constituted, by selecting one of their number to be President, whose term of office shall continue for one year from the date of such organization, when and bien- nially thereafter the said Department of Elections shall select one of their number to be President. Each member of the Department of Elections shall receive as compensation for his services in any year in which there is held a general or special election a salary of five hundred dollars, said compensation to be paid as hereinafter provided. Organization Officers Compensation Duties of de- Section 3. The duties of the members of the Department of partment Elections, shall be as follows: Division of city I. They shall, on or before the first day of June next, pre- districS ctl n ceding the time of the first registration held under the provisions of this act, and in every sixth year thereafter, on or before the first day of June, divide the city into as many election districts as they shall deem necessary, and shall establish the boundaries Number of yot- thereof . Provided that each election district shall contain as ers in district ,1,1 111 1 . 1 near as may be, not more than three hundred, nor less than withSfone rep- one hundred qualified voters. And further provided, that each resentative dis- o f sa jd election districts shall be entirely within the boundaries of one representative district. And on or before the first day of June A. D. nineteen hundred, and biennially thereafter, said department of elections may divide such of the election districts, and such only as, by the election last preceding such division, shall be found to contain a greater number of voters than can conveniently vote therein. They shall also designate each of Designations said election districts by appropriate titles or distinctions. Subsequent divisions Dismissal of Registrars Employees Limit of ex- pense II. They shall have power to dismiss any Registrar at any time and supply his place with another person. They may also employ a clerk, counsel and such other assistants as, in the judg- ment of the members of said Department of Elections, shall be necessary and proper for the faithful performance by it of the duties by this act imposed; provided the expense thereof shall not exceed fifteen hundred dollars in any one year in which the general election is held, which said sum shall not include the compensation of members of the Department of Elections and Registrars, to be paid upon warrants of the president of the Department of Elections in the same manner as is provided for 199 the payment of the legal compensation of members of said HOW paid Department of Elections. III. They shall, hereafter, appoint all registrars in the City Appointment of Wilmington, and shall make all necessary removals of regis- RemoS^ tration officers, and fill all vacancies which from any cause occur, vacancies IV. They shall in the month of June, in each year in which o a general election is held, appoint for each election district in the officers City of Wilmington three capable persons, who shall be voters and residents in the Election District, for which they shall be appointed, who shall be the registration officers of the election Qualifications district for which they are appointed; one of whom shall be designated as "Registrar", and the other two "Assistant Regis- trars", and not more than two of them shall be of the same politi- cal faith ; provided, that the total number of registration officers Politics in each representative district, shall be divided as equally as possi- ble between the two leading political parties, as the same shall be determined upon by the department of elections at the time of making the appointments. And further, for each appointment . accredited to any political party under this section the City tween parties Executive Committee of such political party shall furnish the Department of Elections on or before the first day of June of the year in which said appointment is to be made, a list of three F urn i s hi ng of names of properly qualified persons, from which list the Depart- Ksts, for officers ment of Elections shall make its appointments. Time Provided, however, that if the said lists of names are not furnished as aforesaid, then and in that event the Department De artment of Elections shall appoint some suitable person, or persons, ofseSX such political party having all the qualifications provided by this section. Provided, however, that in the case of the Registration offi- cers to be appointed in this present year, eighteen hundred and officers for ninety-eight, the appointment of the said Registration officers shall be made some time between Saturday, the eleventh day of June, and Saturday, the twenty-fifth day of June in said year; and, provided further, that the lists of names to be furnished by the City Executive Committee from which the appointments of such Registration officers shall be made with regard to those to be appointed in the year aforesaid shall be furnished not later than Saturday, the eleventh day of June in the year aforesaid. The terms of office of such Registration officers shall begin s of on the first Tuesday in July next after their appointment and shall continue for two years thereafter, and until their successors 200 Term shall be duly chosen and qualified, unless sooner removed as provided in this act. V. They shall also when appointing Registration officers for the several election districts of the City of Wilmington at the same time appoint in each election district in the said City one capable person, who shall be a voter and resident in the elec- tion district for which he shall be appointed, to be "Alternate Term of office Registrar" for the said election district. The term of office of said "Alternate Registrar" shall be the same as that of the Reg- istrar, and whenever the Registrar provided for by this act shall be incapable from any cause -whatsoever of performing the duties required of him by the laws of this State, the Alternate Regis- trar in the same election district shall act in his stead, and while acting shall possess all the powers and do and perform all the duties of a Registrar. Alternate Registrar When to sit Powers and duties When Alternate not to act Vacancies VI. But nothing herein contained shall authorize or em- power the Alternate Registrar to act at any time when there is a Registrar of the election district able and willing and present to act. If any Registration officer or Alternate Registrar shall remove from the election district for which he shall be appointed, or shall cease to be a voter therein, his office shall thereupon become vacant. Vacancies ir Registration office VII. If any vacancy or vacancies should occur in the office of Registrar, Assistant Registrar or Alternate Registrar, before the expiration of such term, from any cause whatsoever, the said Department of Elections shall appoint some suitable person or persons to fill such vacancy or vacancies who shall serve for the residue of such unexpired term or terms, who shall possess the same qualifications and be qualified in the same manner, possess the same powers and perform the same duties as the original appointee or appintees. Each Registrar, Assistant Reg- istrar and Alternate Registrar before entering upon the duties of his office, shall take and subscribe before the Clerk of the Peace of the county in which he shall reside the following oath ?Hon f offic e e?s S ~ or affirmation which the said Clerk of the Peace is hereby author- ized to administer: How filled Term of appointee Form "I, residing in Election District of Representative District in County, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Consti- tution of the State of Delaware, and that I will faithfully dis- charge the duties of the office of 'Registrar (Assistant Registrar or Alternate Registrar) for Election District in Representative District in County 201 . faithfully, honestly, fairly, impartially and according to the best of my ability; that I am a citizen of the United States and of the State of Delaware, and am not a candidate for any office to be voted for by the election district for which I am appointed Registrar (Assistant Registrar or Alternate Registrar), and that I am a qualified voter in said election district." VIII. Should the said Registrar, Assistant Registrars or either of them or Alternate Registrar after taking said oath and to vacate office before entering upon the active duties of the said office become 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 HOW filled become vacant and be filled by the appointment of another per- son to the same. After any Registrar, Assistant Registrar, or Alternate Registrar shall have entered upon the active duties of officers to be his office he shall thereby become ineligible to any office to be^igiWe_to be voted for at the next ensuing general election. voted for Section 4. Each and every person appointed as aforesaid JJSf and to act as Registrar, Assistant Registrar or Alternate Registrar tying shall qualify as such Registrar, Assistant Registrar or Alternate Registrar by taking and subscribing the oath or affirmation pre- scribed in the preceding section within ten days after being noti- fied of his appointment and shall perform the duties of the office for the time for which he was appointed, unless he shall become disqualified by sickness or otherwise. But any Registrar, Assis- tant Registrar or Alternate Registrar, who shall be appointed to Appointees to fill a vacancy, shall qualify forthwith. And if any Registrar, qSify ie f rth- Assistant Registrar or Alternate Registrar, who being appointed 1 * either for a full term or to fill a vacancy, shall refuse to qualify Refusal to as aforesaid, or having qualified, shall fail or refuse to perform qualify 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 Sessions of the county where Penalty v such offense was committed. The Department of Elections shall deliver a certificate of Certificate of appointment to whomsoever it shall appoint and who shall be ap sworn into office as Registrar, said certificate to be in such form Form of as shall be prescribed by such Department of Elections, speci- fying the election district in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The Department of Elections shall have full power and authority to remove any of the regis- Removal of tration officers appointed by them as aforesaid for want of requi- site qualification or cause, but in either of such case such removal, unless made while the Registrars are actually on duty, on a day 202 of registration, and for improper conduct as a registration officer, shall only be made after notice in writing to the officer sought to be removed, which notice shall set forth clearly and distinctly the reasons for removal. Any person appointed to fill any vacancy shall serve for the unexpired term of the person whose office he is appointed to fill. The registration officers during the time they hold such officers office shall be exempt from the performance of military and jury Disqualification duty, and no person who by the laws of the State is exempt Registratioif from jury duty shall be required to serve as registration officer. officers office of DC- Section 5. The said Department of Elections may rent Sections some suitable and convenient place in the said city, and fit up the same for an office for the use of the said Department of Elec- Limit of rent tions at a yearly rental not to exceed three hundred dollars, to be paid upon warrants of the President of the Department of 1 1 b Elections in the same manner as is provided for the payment of P aid r e the legal compensation of members of said Department of Elec- tions. Time of pay- Section 6. The legal compensation of all members of the ment of com- .._. . _.. . . c 1111 1 1 11 pensation of Department ot Elections shall be paid quarterly, on the last pTrTmen S t of [e ' days of March, June, September and December, by the State Treasurer out of any money belonging to the State, not other- wise appropriated. Neglect of duty Section 7. If any members of the Department of Elections or corrupt or . . J 1 . , . 1111 -,. r fraudulent of whom any duty is required in this act, shall be guilty of any members of wilful neglect of such duty, or of any corrupt or fraudulent con- department d uc t or practice in the execution of the same, he shall on con- viction thereof, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both. notif?Attnly Section 8. It is hereby made the special duty of the Depart- Generai of vio- ment of Elections to notify the Attorney General of all violations lations of act Section 9. All acts and parts of acts supplied by or incon- sistent with this act are hereby repealed. Approved May 20, A. D. 1898. 203 CHAPTER 41, VOLUME 21. AN ACT More Clearly Defining the Duty of the Department of Elections in the City of Wilmington. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That the Department of Elections in the City Powers and of Wilmington shall have and exercise all the powers and privi- K^artmenf of leges in respect to elections, which shall hereafter be held in said Elections city, which the Department of Elections had and possessed by virtue of an Act of General Assembly, entitled "An Act to pro- vide for the Registration of 'Voters in the City of Wilmington," passed at Dover, May 13, A. D. 1891, shall select election places in the respective districts, appoint all election officers with power to remove the same, and have all other powers and privi- leges exercised and possessed by said Department of Elections, in respect to elections under this act. Section 2. Nothing in this act shall be construed to repeal Not to impair or impair any act or part of an act passed by the present session * 1 of the General Assembly. Approved June 1, A. D. 1898. 204 CHAPTER 70, VOLUME 22. AN ACT in Relation to the Department of Elections for the City of Wil- mington. Be it enacted by the Senate and House of Representatives of the Department of State of Delaware in General Assembly met: Elections to be increased to five Section 1. That the Department of Elections for the City of Wilmington, as established and constituted by Chapter 39, Volume 19, Laws of Delaware, as constituted and created by Chapter 40, Volume 21, Laws of Delaware, be and the same is hereby enlarged to, and made to consist of five members, for all Governor to ap- general or special elections to be hereafter held in said City. point two suit- able persons Section 2. That the Governor be and he is hereby author- ized and empowered to appoint and commission two suitable One for two persons, residents of the City of Wilmington, to be members of thre r e s 'year e s f r the said enlarged Department of Elections for the City of Wil- mington. Govlmor to ap- *Section 3. That the term of office of one of the said two three ylars members shall be for two years and the term of the other and remaining members shall be three years, and at the expiration Powers of of said two terms and thereafter every three years, the Governor sna U appoint suitable persons to succeed the said members for the term of three years. Section 4. That the members so appointed shall have, Duties and . .. in .. ,1 1 j_ compensations possess, enjoy and exercise all and every the nghts, powers, and privileges which are now held, possessed, enjoyed and exercised by the present members of said Department and vested in them by law, and shall perform each and every duty which the present members of said Department are now required to perform by law; and they shall each receive the same compensation as now fixed by law for the other three members, which shall be paid by the State Treasurer, at the same time and in the same way Board to con- as now provided by law for the payment of the compensation sist of five . J , -; < 1 T-X , members oi the present members ot said Department. Section 5. That from and after the first day of April, A. D. 1 90 1, the Department of Elections shall consist and be com- posed of five members, to wit: the three members who are now * Amended. See Chapter 74, Volume 24. 205 members of said Department and the two members appointed by the Governor; and the said five members shall constitute the Department of Elections for the City of Wilmington. The Department of Elections for the City of Wilmington Jurisdiction of so constituted as aforesaid, shall have a full and complete juris- diction over all and even 7 the matters and things now vested by law in the Department of Elections for the City of Wilmington, as at present constituted, and shall exercise every power, privi- lege, right and duty which now belongs to the said Department of Elections for the City of Wilmington, as fully and completely as the said Department of Elections now by law is authorized to do. Section 6. That the Department of Elections for the City Organization of of Wilmington, so constituted as aforesaid, shall meet for organi- zation on the first Tuesday in April, A. D. 1901, and after taking the oath of office prescribed by the Constitution of the State, shall proceed to elect one of their number to be the president of the Department and shall also elect a clerk. Three members shall be sufficient for the purpose of organization and shall con- stitute a quorum for the transaction of business. The said TO make rules Department shall have the power to make rules for its govern- for goven ment not inconsistent with the Constitution and Laws of the State. Section 7. That it shall be the duty of the present Depart- ment of Elections for the City of Wilmington, and every mem- ber thereof, and every officer, clerk or agent thereof, and every AH records, other person having possession or control of any records, books, SuJr^STdo- papers, or other property of or relating to or connected with | j^ r t ed to Pres ~ said Department of Elections, immediately after the organiza- tion of the Department created by this Act, to surrender and deposit the same with the President of the Department elected pursuant to the provisions of Section Six of this Act, or with such other person as the said President shall order and direct. And in case the said members, officer, clerk or any other person having possession as aforesaid, shall neglect or refuse on demand of the said President to be elected as aforesaid, to deliver up and surrender any such records, books, papers or other prop- erty as aforesaid, each and every person neglecting or refusing as aforesaid, shall be guilty of a misdemeanor and upon convic- tion thereof, shall forfeit and pay a fine of five hundred dollars, Penalty and be imprisoned for a term of one year, or until the said records, books, papers or other property shall be delivered into the custody of the said President. Section 8. That all Acts or parts of Acts inconsistent here- with or manifestly superceded hereby, be and the same are hereby repealed. Approved March 8, A. D. 1901. 206 CHAPTER 74, VOLUME 24. AN ACT Making the Terms of Office of All Members of The Department of Elections for the City of Wilmington, hereafter Appointed to said Office for Full Terms under Chapter 70, Volume 22, Laws of Delaware, Six Years. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1, That, from and after the approval of this Act, of Elections of the terms of office of all members of the Department of Elections m?n y gtot ^Jiade for the City of Wilmington, hereafter appointed to said office six years f or f^ terms, under Chapter 70, Volume 22, Laws of Delaware, shall be six years, and said appointments shall be so made: pro- vided, however, that all appointments, hereafter made to said office under said Chapter 70, Volume 22, Laws of Delaware, to fill vacancies therein, shall be made for the residue of the then unexpired term. Section 2. That all provisions of Law inconsistent here- with, be and the same are hereby repealed. Approved March 9, A. D. 1907. 207 CHAPTER 75, VOLUME 24. AN ACT to Authorize the Submission to the People of Wilmington of Ques- tion of Public Policy in Connection with the Affairs of the said City. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each house concurring therein}: Section 1. On application addressed to the Mayor Council of Wilmington, signed by citizens of the City of Wil- Wilmington mington, qualified to vote at the last preceding election for the Mayor of the said city, aggregating in number not less than ten 'per centum of the whole number of votes cast at such elec- vote tion for such Mayor, asking for the submission to the people of the said city of any question relating to the affairs of the said city, for an expression of opinion thereon, such question shall be placed before the people at the next City Election. Every per- son signing any such application shall put or have put after his signature the designation of the election district in the said city in which he was qualified to vote at the last preceding election for Mayor of said city. Section 2. Such application shall be filed with the Mayor ^n and at least sixty days before the election at which such question is where to be submitted, and the person signing such applications shall be considered prima facie as citizens qualified to vote at the last preceding election for the Mayor of the said City. Section 3. It shall be the duty of the said Mayor, not less Ma y r dut y of than twenty days before the city election at which the said ques- tions are to be submitted, to transmit the same to the persons who may then have the duty of preparing ballots for the said election; and it shall be the duty of such persons to prepare separate ballots to be used at the said election, containing the Ballots, form of question so to be submitted as aforesaid, with the words "yes" and "no" printed at the foot of such ballot; that is to say, fol- lowing the question to be voted upon as it appears upon the ballot, the words "Yes" and "No" shall appear in the following form: Yes.. No Any person qualified to vote at such City Election may cast HOW marked a vote in favor of such question by placing a cross opposite tho word "yes" and any such person desiring to vote against the same may do so by placing a cross opposite the word "no", 208 HOW canvassed Section 4. The said ballots shall be prepared, counted, can- vassed and returned in the same way as provided by law in rela- tion to ballots cast at the said City Election. separate ballot Section 5. It shall be the duty of the persons so required by law to furnish ballot boxes to be used at the City Election, to furnish a separate ballot box for each election district in said city, in which separate ballot box the ballots herein provided for shall be cast, and the said ballots shall not be commingled with the other ballots used at such City Election. Section 6. It shall be the duty of the election officers in each election district in the said city to count the said ballots after the same have been cast, and to make return thereof in all respects as provided by law in relation to ballots cast at the said City Election, provided, however, that the number of ballots cast for or against the said question shall be entered upon separate Certificates of sheets to be furnished for that purpose. Certificates showing results the resu i t O f fae said vote, shall be made in the manner as now provided by law in relation to certificates of the vote cast at the City Election, which certificates shall be certified, returned and delivered in all respects as now provided by law in relation to the City Election. Expenses to be Section 7. The expense of printing said ballots, procuring paid by city the ballot boxes, and all expenses connected with the taking of the said vote shall be borne as is provided in relation to other expenses incurred at the said City Election. Approval of Section 8. Should any question submitted to the qualified submSteTby electors of the City of Wilmington, as provided in this Act, receive of e tCouncii a majority of the votes cast thereon at the said election, and the etc. 'subject be within the corporate powers of the said Mayor and Council of Wilmington, or of any department or branch thereof, then it shall be the duty of the City Council, or of any commis- sion or any other official or officials of the City of Wilmington having jurisdiction therein, to adopt, without unnecessary delay, such ordinances, rules or regulations as may be necessary for putting into effect the popular will thus expressed. The failure: Penalty for o f an y member of such City Council or Commission, or of any- duty imposed official of said City to perform any duty herein imposed upon him, or the obstruction, hinderance, or delay by him of the adop- tion of any ordinance, rule or regulation as herein provided for, shall be deemed a misdemeanor and be punishable by a fine at the discretion of the trial court. Conviction to Conviction of such an offense shall operate to remove the- operate as oust- er from office " person so convicted from any municipal office he then holds, and render him uneligible to hold any position as an official or 209 employee of the City of Wilmington for a period of five years from the date of such conviction. Approved March 9, A. D. 1907. "CHAPTER 30, VOLUME 17. AN ACT Providing for the Election of Three Assessors for Wilndngtofl Hundred. Section 1. That for the purpose of more convenient assess- Thr f ,. ment of persons and property in Wilmington Hundred of the County of New Castle, the said hundred shall be divided into three assessment districts, as follows; (The first assessment district of said hundred shall consist ^p. -svvoi. 2$ of so much of said hundred as is contained or comprised within the limits of the (First Representative District) of the City of Wilmington, as the said wards are now laid out, or as the said wards, or either of them, may be hereafter extended or enlarged Soft's 2 o by act of the General Assembly. "The second assessment district of the said hundred shall of consist of so much of said hundred as is contained or comprised within the limits of the (Second Representative District) of the City of Wilmington, as the said wards are now laid out, or as the Chap. 27, Vol. said wards, or either of them, may be hereafter extended or 21 enlarged by act of the General Assembly. "The third assessment district of the said hundred shall Limit ^ thw consist of so much of said hundred as is contained or comprised within the limits of the (Third Representative District) of the ftep, 27, Voi, (City of Wilmington, as the said wards are laid out, or as the said wards or either of them, may be hereafter extended or enlarged ^ h - a p-. ? 7 * v< ^' by act of the General Assembly.") (And all that portion of the" said hundred comprised within the limits of the Fourth Repre-. sentative District of the said city, as now laid out and established by law, shall be the Fourth Assessment District, and all that * This act has been amended without a proper knowledge of its provisions and is so full .of inconsistencies that it will require further amendment to cure its many defects. 210 Elections When held Qualifications of voters Qualifications of assessors portion of the said hundred comprised within the limits of the Fifth Representative District of the said city, as now laid out and established by law, shall be the Fifth Assessment District.) Section 2. That an election for the purpose of choosing an assessor for each of said assessment districts shall be held at the time and in the manner prescribed by Chapter 17 of the Revised Statutes of this State, pursuant to the laws now in force as to the election of county officers in the City of Wilmington. Section 3. That every citizen qualified to vote for inspector of an election district in the said hundred of Wilmington may vote for an assessor of the assessment district within which such election district is comprised, and no persons shall be elected assessor under the provisions of this act who shall not at the time of the election be a freeholder within Wilmington hundred and a resident in the assessment district for which he shall be elected. Certificates Meeting of Section 4. Immediately after making the certificate required by Section 8 of Chapter 19 of the Revised Statutes of this State, when and the presiding officers and judges of the several election districts of the said hundred shall assemble in the City Hall. And the presiding officers and Judges of the election districts comprised within the first assessment district aforesaid, as laid out and established by the first section of this act shall ascertain the number of votes given for assessors in the said election district oYvo r te ainment so com prised as aforesaid, and the candidate having the highest number of votes shall be declared assessor of the said first assess- ment district; and the presiding officers and judges last afore- said shall make, sign and deliver certificates of said election in the manner prescribed by law for certifying the election of the assessors of the several hundreds. And. the presiding officers and judges of the election districts comprised within the second assessment district, as laid out and established by the first" sec- tion of this act, shall ascertain the number of votes given for assessor in the different election districts so comprised as afore- said, and the candidate having the highest number of votes shall be declared duly elected assessor of the said second assessment district; and the presiding officers and judges last aforesaid shall make, sign and deliver certificates of said election in the manner now prescribed by law as aforesaid. And the presiding officers and judges of the election districts comprised within the third assessment district, as laid out and established by the first section of this act, shall ascertain the number of votes given for assessor in the different election districts so comprised as aforesaid, and the candidate having the highest number of votes shall be declared duly elected assessor of the third assessment 211 district; and the presiding officers and judges last aforesaid shall make, sign and deliver certificates of said election in the manner now prescribed by law as aforesaid. If two candidates for the office of assessor of either of the assessment districts hereby laid out and established shall receive the highest and at the same time an equal number of votes the presiding officers of Tie the election districts comprised within the assessment district in which the same shall happen shall agree upon and give a casting vote. Section 5. ****** Section 6. ****** Section 7. ****** Section 8. ****** Section 9. That all acts or parts of acts inconsistent here- with be and the same are hereby repealed. Passed at Dover, April 6, 1883. CHAPTER 57, VOLUME 23. AN ACT to Amend Section 17 of Chapter 18 of the Revised Code of 1893, by Providing for the Opening of the General Election in the City of Wil- mington, between seven and seven-thirty o'clock in the nlorning. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Section 17 of Chapter 18 of. the Laws of Section 17, Delaware as published in the Revised Code of 1893 be and theS^lS code, same is hereby amended by stirking out the period at the end of J^ve 1 to 6 tfme said Section and inserting the following : ' ' Provided that in the of opening polls City of Wilmington the general election shall be opened between in seven and seven-thirty o'clock in the morning." Approved March 20, A. D. 1905. 212 CHAPTER 43, VOLUME 26. AN ACT to further amend Chapter 35, Volume 21, Laws of Delaware, being an Act entitled " An Act concerning the appointment of Registration Offi- cers 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: chapter 35, Section 1. That said Chapter 35, Volume 21, Laws of Dela- amended 21 ware be and the same is hereby amended first, by inserting in line ten of paragraph III of section one of said Chapter, after the word "Registrar" and before the word "before" the following words,, viz.: "appointed for an election district outside the City of Wilmington," second, by inserting in line twelve of said para- graph III of said section one of said Chapter after the word "reside" and before the word "the" the following words, viz.: "each Registrar, Assistant Registrar and Alternate Registrar appointed for an election district in the City of Wilmington before entering upon the duties of his office, shall take and sub- scribe before the Department of Elections for the City of Wil- mington." to Section 2. That any member of or the Clerk of said Depart- oathT"' ment of Elections for the City of Wilmington, is hereby authorized and empowered to administer such oaths or affirmation; pro- No fee to be vided that no fee be charged for administering such oaths or charged affirmations. Acts inconsis- Section 3. All acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved March 20, A. D. 1911. 213 CHAPTER 45, VOLUME 26. AN ACT to amend Chapter 36, Volume 21, Laws of Delaware, being an act entitled " An Act providing for a uniform system of Registration of all Qualified Voters in this State." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 36, Volume 21, Laws of Delaware be and the same is hereby amended by changing the period the end of Section 2 of said act to a semicolon, and further by adding to the end of said Section 2, the following: "provided, however, that in the City of Wilmington, the ESt Department of Election for the City of Wilmington, shall at least give public ten days prior to the first day set for the purpose of Registra- notlce tion as aforesaid, give the public notice by advertisements,- posted in ten or more of the most public places in each election district, in the City of Wilmington, of the places where the registration officers shall sit for Registration of voters as aforesaid, and the day or days when they will sit at each of said places." Section 2. That Section 6 of said Chapter 36, Volume Laws of Delaware, be amended by changing the period at end of Paragraph III of said Section 6 to a semicolon, and further by then adding to the end of said Paragraph III of said Section 6, the following, viz. : "provided, however, that in the City of Wilmington, ttejJSrtJfSu <* Department of Elections for the City of Wilmington, shall within %$%*** one week after the third sitting of the registration officers as aforesaid, cause to be printed not less than twenty-five copies of the alphabetical lists of registered voters of each election dis- trict in the City of Wilmington as contained in "Book of Reg- istered 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 the election district, and shall useshaii be put>- the remaining copies in such a manner as in their judgment will hcly posted be most likely to secure publicity and general inspection." That Section 6 of said Chapter be further amended by add- ing at the end of said Section 6 a new paragraph as follows: 214 t C oTfde Hvei S ed " Five copies of the alphabetical list of Registered voters for to County each district shall immediately be delivered to the County Com- mittees of each of the two leading political parties, by the persons who caused the same to be printed." Approved March 20, A. D. 1911 CHAPTER 48, VOLUME 26. AN ACT to amend Chapter 38, Volume 21, Laws of Delaware, being an act entitled " An Act in regard to General Elections." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: chapter 38, Section 1. That Chapter 38, Volume 21, Laws of Delaware amended be and the same is hereby amended by striking out of said act all of Section 3 thereof, and inserting in lieu thereof a new sec- tion to be known as Section 3 of said Act, which is as follows, viz.: sheriff to de- Section 3. The Sheriff of each county shall after the Twenty- liver ballot box- , . ., .. 1 1 , ... ~ ,11 f r\ ^ i j.i es, list of offi- third day and before the Twenty-seventh day of October in the inTwat? outside Y ear f holding the General Election deliver to the inspector mm to f n Wil " ^ eSiC ^- e ^ ec ' t i on district or other officer authorized by law to hold the election therein (outside of the City of Wilmington) two suitable ballot boxes, with a piece of tape and sealing 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 persons to be taken as Judges of Election, and also of the clerks who shall be chosen to act at such election, and of the certificate of administering such oaths Oaths or affirmations, with printed or written directions as to correct- ing, completing and signing such oath or affirmation and cer- tificate of administering the same, and shall also deliver to each cSty'of wif inspector or other officer authorized by law to hold the election mington as aforesaid (outside of the City of Wilmington) a book of blank 215 forms of oaths (or affirmations) provided for in Section 19 of this Act. That the Department of Elections for the City of Wilming- ton shall in addition to the registers and things they are now lot boxes/ list of required by law to furnish to the inspectors of election in said city shall between the Twenty-third and Twenty-seventh days of October in the year of holding the General Election deliver to the inspector of each election district or other officer author- ized by law to hold the election therein, in the City of Wilmington, two suitable ballot boxes with a piece of tape and sealing 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 affir- mation of the inspector or other person authorized by law to hold the election therein, and the persons to be taken as Judges of Election, and also of the Clerks who shall be chosen to act at such election, and of the certificate of administering such oaths or affirmations with printed or written directions as to correct- ing, completing and signing such oath or affirmation, and cer- tificate of administering the same, and shall also deliver to each inspector or other officer authorized by law to hold the election as aforesaid, in the City of Wilmington, a book of blank form of oaths (or affirmations) provided for in Section 19 of this Act. Oaths Section 2. That Chapter 38, Volume 21, Laws of Delaware be further amended by inserting in the third line of Section 8 thereof after the word "Sheriff" and before the word "a" the following: "or Department of Election for the City of Wil- mington." Approved April 4, A. D. 1911. 216 CHAPTER 56, VOLUME 26. AN ACT fixing the compensation of Election Officers at Municipal Elections in the City of Wilmington. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Compensation Section 1. From and after the approval of this act Judges Srs of Election, Inspectors of Election and Poll Clerks shall each be entitled to receive Five Dollars for each day's service rendered in holding a municipal election in the City of Wilmington and Three Dollars for each day's service rendered for duties required of them or any of them on any other day than- the day upon goM^appiy to wn ich such Municipal Election is held. Nothing in this Act Education shall be construed to apply to elections in said City for members of jthe Board of Education. Section 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved April 4, A. D. 1911. INDEX. A AGE Not entered in Registration Book 34 ALPHABETICAL LIST Printing and Posting 18 Mutilation, Defacement, Pulling Down or Destroying, Penalty 29 ALTERNATE REGISTRARS (See Registration Officers.) When to Act 8 When not to Act 8 To have Powers and Duties of Registrar 25 Compensation of 27 APPEALS From Decision of Registration Officers 21-35 To Resident Associate Judge : 21 Notice, Hearing, Decision, &c 21 Sittings of Judges 21-35 Notice to Registrar 21-23 Attendance of Registrar 23 ASSAULT, RIOT, &c. At Registration, Penalty 29 ASSESSORS Election of 140 Time and Place of Holding, Ballots, &c 140 Counting of Votes, Tie 140 Certificate of Election of : 68 (In Kent County.) Qualifications, Election of % . 141 ASSISTANT REGISTRAR (See Registration Officers) To make all Entries in Books 22 ASSISTANCE In marking Ballots 88 ASSOCIATE JUDGE Appeals to 21 Sittings to hear Appeal 21-22-24 Orders 24 ATTORNEY GENERAL Certificate of Election of 67-70-76 AUDITOR OF ACCOUNTS Certificate of Election of 67-70-76 AUXILIARY REGISTRAR Appointment of 31 Qualification, Bond, Duties, &c 31 To give Notice of Time of Visiting Camps 32 To Make Separate Lists 32 To Collect Registration Fee 32 Return to Registration Officers 32 Compensation of 33 Registration Fee Abolished 36 B BALLOTS (See Ballot Law of 1913.) Size, Form, Style and Color of 96-105 Arrangement of 96 Delivery of 102 Initials of Clerks 98 Preparing of, alterations and changes, folding, deposit, &c 96-98 Marked ballot 96 Counting 102 Separation 102 Collection of 102 Delivery of, to Board of Canvass 102 Double ballots not returned 103-129 Disposition of 63 Not to be examined by Election Officers 63 What received 63 BALLOT BOXES See Ballot Law of 1913 77 to 94 Sheriff to make and deliver 54-92-214 How made, size, &c 55 Examination of, before election, &c 61 Custody of 61 Sealing and Securing 65 Delivery of, to Prothonotary 66 Sheriff to keep 75 Delivery of, to the Senate and House 76 BALLOT LAW OF 1913 An Act to further provide for the secrecy and purity of the ballot 77 to 94 ASSISTANCE: In marking ballot by invalids 88 Office of Voter's Assistant abolished 89 BALLOTS : Clerk of the Peace to print 78 Devices on 79 Arrangement of 81-82 Clerk of the Peace to print fifteen ballots for every voter 83 To print additional number at expense of political parties 83 To print in addition two ballots for each voter 83 Delivery of 85 In the event of loss of 85 Number of, in each booth 86 Other methods of obtaining 88 When spolied or defaced 88 Assistance in marking ^ 88 Rules for marking 89-90 Distinguishing mark on 90 Directions for counting 91 Refusal of Clerk of the Peace to print 91 Sheriff to make boxes for 92 Sample ballot at first election 93 BOOTHS: Number of 77 Dimensions and construction of 77 Number of ballots in 86 No more than one voter for each 87 No more than one person in 88 CANDIDATES: Nomination of, to be certified to Clerks of the Peace .... 79 Death, resignation or removal of 79-83 Names of, on ballots 81 Death, resignation or removal of, after printing ballots . . 83 CERTIFICATES: Of nomination 79 Form of certificates 79 Destroying or defacing a nomination 92 CHALLENGERS : Political parties to select ' 78 In event of failure to select . . 78 To be peace officers of State 78 Misdemeanor to resist 78 May challenge voters 87 CLERKS OF ELECTIONS: See Election Officers. CLERKS OF THE PEACE: For duties of, see. DEVICE: To be used uniformly by party ^ 79 Same device to be used by only one party 79 Prior right to use 79 United States or State Seal prohibited as a 79 Dispute as to, when factional differences 79 ELECTION OFFICERS: Arrangement of room for 77 Clerks of^election to sign envelopes 84 Inspector to deliver envelopes to clerk of the election. . . 86 Clerks of the Election to have custody of ballots and envelopes in election room 85 May challenge voters 87 Voters to announce names to Clerks of Election 87 To return spolied envelopes or ballots to Clerks of Elec- tion 88 To take oaths 89 To keep tally list of envelopes containing more than one ballot 91 Penalty for revealing vote 91-92 Further penalties 92 ENVELOPES : Clerks of the Peace to provide ungummed 84 Clerks of Election to sign 84 Wrapping and delivery of 84 Loss of 85 Clerks of Election to write full names on 86 Not to be taken from election room 87 Distinguishing mark on 89 Names of Clerks necessary to have ballot counted. . . . 90-91 INSPECTORS: Outside of Wilmington to make arrangements for holding elections 77 To provide for an election room 78 To select challenger under certain conditions 78 To obtain ballots from Clerks of the Peace when out- side of Wilmington : 85 Loss of ballots by . . 85 Duties of, upon opening of election 86 To post ins truction cards 86 Voter to deliver envelope to 87 Xot to deposit envelope unless names of the Clerks are written thereon 89 Penalties for violation by 92 To read sections 31 and 32 upon opening of the Polls. . 93 INSTRUCTION CARDS : Clerks of the Peace to supply 86 Inspectors to post 86 Form of 87 NOMINATIONS : Officers of convention to certify names of nominees to Clerks of the Peace 79 Form of certificate 79 Clerks of the Peace to preserve certificates of 80 Time of filing certificates of 80 To publish list of nominees 80 Defacing or destroying certificate of 92 PARTIES: Definition of political 78 Certificate designating title of 79 Device of 79 Names of 79 Chairman of political committees to fill vacancies 83 Challengers of 87 PENALTIES: For resisting challenger 78 For feigning need of assistance 88 For violating oath 89 For refusal of Clerk of the Peace to print ballots 91 For revealing vote 91-92 For destroying nomination certificate 92 For violations by certain officers 92 For attempting to enter election room 92 For causing elector to deface ballot 92-93 For attempting to cause election officer to violate act. . 93 For removal or destruction of supplies in election room . . 93 SHERIFF: To make ballot boxes and tally lists 92 VACANCIES: Chairman of party organization to fill 83 VOTERS : Directions to, upon admittance to election room 87-88 WILMINGTON, CITY OF: Department of Elections to select voting places and make arrangements in 78 Department of Elections to distribute ballots in 85 Applicable to all Municipal Elections held in, except Board of Education 94 BETTING At elections on result, Penalty 132 BOARD OF CANVASS Superior Court to be 65-66 Meeting of : 66 Canvass of returns 66 Return in case of Military interference 136 May choose place of meeting in case of interference 138 BOOKS OF REGISTERED VOTERS (See Books of Registration.) BOOKS OF REGISTRATION- Governor, to provide 10-34 Entries, how arranged 10-34-36 Form of 10-11-34-36 Delivery of, to Sheriff 11-12-37 Delivery of, by Sheriff 11-37 Endorsements on 12 Entries in 13-31 Signing 17 Comparison of 20 Corrections in 21 Certificate appended to 21 Custody of 24 Alternate Registrar to have when 25 Delivery of 25 Loss, destruction, &c., of 29-30 Procuring for special election 30 BOOTHS (See Ballot Law of 1913.) BRIBERY Penalty for 130-131 A misdemeanor 134 Of election officer 139 Challenge for, at registration 17 Oath, form of 17 False oath. . . . , IT Of the registration officers 29 Objection to votes for 63 Oath, to be administered 64 C CERTIFICATES (See Ballot Law of 1913.) Of nomination 7 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 89-96 Elector assisting voter, disclosing nature of vote, penalty 98 Entering election room without consent, penalty. . 61-62-92 Interference with elections 65 Disqualified voters causing or attempting to cause them- selves to be registered, penalty 28 Intimidation, threats, &c., penalty 29 Mutilation, destruction or pulling down of alphabetical lists, penalty 29 Officer of election giving information as to how persons vote, penalty 91-92-99 Secreting self in election room, penalty 99 15 Violation of law in voting of military or naval organiza- tions 103 Neglect of duty at elections by Justice of the Peace, Col- lectors and Constables, penalty 130 Neglect of duty of election officers, penalty 130 Receiving unlawful votes, fine, penalty 131 Destruction of certificates of election by officers, penalty 131 Illegal voting, penalty, fine 131 Bribery, penalty. ..." 131-132 Accepting bribe misdemeanor, penalty 132 Betting, penalty 132 Breaches of the peace 132 Sale of liquor, penalty 133-134 Calling out of militia, penalty, fine 134 Refusal of Judges to serve, penalty 60 Intimidation at elections by persons or lorporations, penalty 159 PENCIL Kind to be used in marking 89 PERJURY- Election officers receiving unlawful votes guilty of 131 POLL LIST For voters in military or naval organizations . . . 101-102-103 POLLING PLACE Place of T .... 40-100-129 Notice or change of 54 Change of, in case of military interference 138 PRESIDENT AND VICE-PRESIDENT Election of electors for 145 PRESIDING OFFICER OF ELECTION (See Election Officers.) PRIMARY ELECTIONS Act regulating, in New Castle County 104-124 Amendment of 125-128 Extending law to Kent and Sussex Counties 124 PRINTER OF BALLOTS Duty of 78 PROCLAMATION Of vote in State 76-146-148 PROTHONOTARY- Certificate of election of 71 (Kent County) delivery of certificates of result of elec- 16 tion 74-75 Duty of, in case of contested elections, other than the members of Legislature 152 Duty of, in contested election of Electors of President and Vice-President 157 R RECEIVER OF TAXES AND COUNTY TREASURER (New Castle County) Election of 160 Certificate of election of 72 RECORDER Certificate of election of . 71 REGISTER IN CHANCERY- Certificate of election of 71 REGISTER OF WILLS Certificate of election 71 REGISTERS (See Books of Registration.) REGISTRARS (See Registration officers.) To make entries on books 12-34 To give notice of the place and days of sitting for regis- tration 13-38 Registration Fee abolished 36 To administer bribery oath . 17 Giving certificate, abolished 18-39 Notice to, of appeal 21-24 To make certificates of registration, abolished 18-39 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 lists, returned by auxiliary registrar 32 Registration of names on list, challenges 32-33 Keeping books 33 Account of registration fees abolished 33-36 To act as Inspector, when 59 17 REGISTRATION CERTIFICATES- GO vernor to furnish books of, repealed 11-39 REGISTRATION FEE Abolished 36 Collection of 14-33 Account of 33 REGISTRATION 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 11-37 Entries on books 12 Times, place and purpose of sitting 13-38 Notice 13 Who to admit in room 14 Meeting of 14 Registering of voters 14-38 Entries in books 14^15-16 Postponement of registration 16 Signing book 17 Making entries in books of "Registered Voters " 18 To print and post alphabetical list 18 Review of registration, notice, hearing, &c 19 Entries, certificate, &c., in case of removal 19 Quorum and acts 20 To compare books 20 Corrections in books 21 To append certificates to books 21 Compensation 26-27 Making fraudulent entries, &c 28 Losing books, &c 29 Making registration for special election 30 Auxiliary registration of voters, appointment, duties, &c 31-33 To keep separate lists of names returned by auxiliary registrar 103 REGISTRATION OF VOTERS Duties of Registrars and Assistant Registrars 13 Sittings for registration 13-38 Notice of place of sitting 13 Quorum 20' Persons admitted in room 14 Meetimgs of officers 14 18 Collection of registration fee 14 Registration Fee abolished 36 Entries of Register 14-15-16 Qualifications for registration 16 Disqualifications 16 Challenger, appeal, &c 16 Postponement of registration 16 Signing each day's registration 17 Challenge for bribery 17 Oath, form of 17 Oath conclusive 17 False oath, perjury 17 Refusal to make oath 18 Entries in book of "Registered Voters" 18 Certificate of registration bolished 18-39 Printing and posting of alphabetical list 18 Review of decision of registration on affidavit 19 Hearing, notice, entries 19 Removal from district after registration 19 Application, certificate, entries, &c 19-20 Notice, what sufficient 20 Comparison of books 20 Entries of omitted names 20 Correction of books 21 Certificate appended to books 21 Appeal to Judge , 21 Notice, hearing, decision, &c 21-23-24-25-26 Corrections, notice to registrar, service 23-24 When application to be heard 24-25 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 33 Disqualified voters causing or attempting to cause them- selves to be registered; intimidation, threats, &c. ; assaults, riots, &c. ; penalty 28-29 Destruction, mutilation, erasion or alteration of registers or voting books, penalty 28-29 Mutilation, destruction or pulling down of alphabetical lists of qualified voters, penalty 29 Special elections 30 Duty of Clerks of the Peace 30 Delivery of books, &c 30 REPREvSENTATIVE IN GENERAL ASSEMBLY- Certificate of result in election of . . 71 19 REPRESENTATIVE IN CONGRESS Election of 148-149 Certificate of result of election of 70 RESIDENCE Necessary for Registration 15 Rules as to 129 ROAD COMMISSIONERS (NEW CASTLE COUNTY) Election of 172 Certificates 73 Election of, in New Castle Hundred 174 S SENATORS, STATE Certificates of result of election of 71 SHERIFF Certificate of election of 72 Ballot boxes, tally lists, &c., to make and deliver. 54-55-214 Delivery of registration books 11-37 Delivery of ballot boxes, time of 54-55-214 To have printed and deliver to election officers oaths for bribery 64-214 Preserving ballot boxes, ballots, &c 69-75 Notice of writ of election 143-149 Proclamation of special election to fill vacancies in office of Representative in Congress 148 Fees of, for serving process under registration act 26 SPECIAL ELECTION- Additional registration for 30 To fill vacancies in General Assembly 143-144 To fill vacancy in office of Representative in Congress .. . 148 Special officers 97 STATE TREASURER Certificate of election of 70-76 To pay compensation of registration officers 27 SUPERIOR COURT Delivery of certificates and ballot boxes to 66-67 Canvass of return 66 Of whom c'mrt to consist 66 Powers of court 66 Delivery of ballot boxes, to Sheriff 69 20 To make certificates r>f result of election, selaing, &c. . . . 67-69-74-75-76 To whom to deliver certificates 74-75-76 T TALLY LISTS- Form of , &c 55 Signing 22 Of envelope 91 VACANCIES In office of Registration officer 8-9 Governor to fill 8-9 * In nominations 83 VOTES Penalty for receiving unlawful 131 Counting 64 VOTERS Qualifications of I 62-63-64 Assistance, when 88-96 Persons, engaged in military, &c 100 VOTERS' ASSISTANTS Office of, abolished , 89-94 VOTING- Place 40 &c., 129. Mode of ./ 62 ' 63 Of person engaged in military and naval organizations . . 100 Illegal, penalty 131 Changes in, places . .175, 176, 177, 178, 179, 180, 181, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196. W WRIT OF ELECTION- To fill vacancies in General Assembly 143 Notice 143 To fill vacancy in office of Representative in Congress . . 148 WILMINGTON- Titne to open election in 211 Compensation of Election Officers in 216 21 INDEX TO Laws Relating to Wilmington Hundred ASSESSORS Districts in Wilmington Hundred 209 Election of, when held 210 Qualifications of 210 Qualifications of Voters 210 Ascertainment of, result of election of 210 Certificate 210 Tie vote, &c 211 D DEPARTMENT OF ELECTIONS Appointment of 197-204-206 Present members continued 197 Qualifications of members 197 Members not to hold other offices 197 Vacancies in 197 Political complexion 198 Oath of 198 Organization 198 Compensation, how paid 198-202 Duties of 198-199-202-203-204-206 Office of, rent, &c 202 To receive ballots 85 To select voting places 203 Appointment of election officers, &c 203 Increase in membership of 204 Term of 204-206 Powers of new members 204 Duties and compensation of 198-213-214 Neglect of duty, or corrupt or fraudulent practices 202 Powers and privileges 204 Public notice 213 Print lists. . 213 22 To deliver to County Committees 214 To deliver ballot boxes, tally lists, oaths, &c., to In- spectors 215 E ELECTION DISTRICTS Division of Wilmington into 198 Limits of, voters in, &c 198 Titles of 198 ELECTION OFFICERS Compensation of 216 G GOVERNOR To appoint Department of Elections 197-203-204 To fill vacancies in 197-203-204 I INITIATIVE AND REFERENDUM 207-208 O OATH Of members of Department of Elections 198 Of registration officers 200-212 P POLLS Time of opening 211 R REGISTRATION OFFICERS Appointment of, certificate 199-201-212, Recommendation of names 199 Dismissals and removals 198-199 Qualifications, politics, &c 200 Time and method of appointment 199 Terms of office. 199-200 Alternate registrar, when to act 200 Filling vacancies in 200 Oath and qualification of 200-201-202 Vacancies, how filled 201 When ineligible to office 201 Exemptions from certain duties 202 Exemptions from appointment as 201-202 Have lists printed and give public notice 213 997 UNIVERSITY OF CALIFORNIA LIBRARY