Bill Text: DE HB196 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Specific Offenses.
Spectrum: Slight Partisan Bill (Republican 8-4-1)
Status: (Engrossed - Dead) 2010-01-20 - Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits [HB196 Detail]
Download: Delaware-2009-HB196-Draft.html
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SPONSOR: |
Rep. Jaques & Sen. Katz |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 196 |
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AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VOTERS AND TO POLLING PLACES. |
Section 1.Amend Chapter 17, Title 15 of the Delaware Code by deleting the title it in its entirety and substituting in lieu thereof the following:
"CHAPTER 17. REGISTRATION QUALIFICATIONS; PROCEDURES FOR CANCELING REGISTRATIONS."
Section 2.Amend §1704, Title 15 of the Delaware Code by deleting subsections (a) through (j) in their entirety and substituting in lieu thereof the following:
"(a) If any correspondence sent by a state official or agency using voter registration address data is returned as undeliverable, the department for the county in which the person is registered shall send an address verification request by forwardable first-class mail to the person at the address on his or her permanent registration record or to the address indicated by the U.S. Postal Service on the returned undeliverable notice or correspondence. Additionally, the department shall send the same or similar request to any registered voter whom the Division of Motor Vehicles informs the department has surrendered their Delaware driver's license when obtaining a driver's license from another state. The address verification request shall include a postage-paid preaddressed return card. The person shall be asked to sign the return card and:
(1) Authorize cancellation of their Delaware voter registration because he or she is no longer a permanent resident of the State;
(2) Provide the address of his or her permanent place of residence if he or she still resides within Delaware; or
(3) Certify that the address at which he or she is are currently registered to vote is the correct address and place of permanent residence.
(b) The Department, upon receipt of the return card in accordance with the response, shall:
(1) Upon authorization by the board of elections at a meeting of the board of elections of the county, remove the voter from the records of the State Election Commissioner and the Department;
(2) Update the person's voter registration record with the new address if it is within the Department's jurisdiction;
(3) Send the returned card and the person's voter registration record to the Department of Elections that has jurisdiction over the new address; or
(4) Update the person's voter registration record showing that the person has certified that the address on the permanent voter registration record is his or her permanent place of residence.
(c) If the person does not return the return card within 60 days of mailing, or if the address verification request is returned as undeliverable, the person shall be transferred to inactive status.
(d) A person shall be returned to active status if the person subsequently returns the return card with a new Delaware address or certification that the person has not changed their address, by completing any other voter registration transaction permitted by this title, or by voting in any election conducted in accordance with this title.
(e) Persons classified as inactive shall remain eligible to vote in any election conducted in accordance with this title upon presenting themselves at their polling place and affirming in writing under penalty of perjury on the form promulgated by the State Election Commissioner the address of their permanent place of residence. If the person's permanent place of residence is different than the permanent place of residence shown on the voter's permanent record, the person shall be permitted to vote in accordance with §2047 of this title.
(f) A person properly removed from the voting rolls in accordance with this chapter must reregister in order to vote in any election conducted in accordance with this title. A person removed in error through the process described in this chapter, however, may be restored to the voting rolls upon the concurrence of the respective department of elections director and deputy director.
(g) On or before June 1 of each year following a general election, the State Election Commissioner, in collaboration with the departments of elections, shall remove from the voting rolls any person who has been in inactive status for 2 consecutive general elections."
Section 3.Amend §2014, Title 15 of the Delaware Code by deleting the title in its entirety and substituting in lieu thereof the following:
"§ 2014. Notification of disposition of a person's voter registration application."
Section 4.Amend §2014(a), Title 15 of the Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof:
"(a) A Department, upon receipt of a voter registration application for a person who is not registered to vote, shall, upon determination that the applicant is eligible to register to vote, complete the registration process."
Section 5.Amend §2014, Title 15 of the Delaware Code by deleting subsections (c) through (h) in their entirety and substituting in lieu thereof the following:
"(c) A department, upon registering a person to vote or updating a registered voter's address, name, or political party affiliation, shall send or cause to be sent to the person a notice by non-forwardable mail showing the person's political party affiliation and the name and address of the place where the person votes."
Section 6.Amend §4512(e), Title 15 of the Delaware Code by inserting the phrase "or by recipients of State funding" after the phrase "by agencies or subdivisions of this State", as well as inserting the phrase "or recipients of State funding." after the phrase "officials of such agencies or subdivisions".
Section 7.Amend §5502(3), Title 15 of the Delaware Code by striking everything after the word "providing" and substituting in lieu thereof the following:
"care to his/her parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury; or".
Section 8.Amend §5503(e), Title 15 of the Delaware Code by inserting after the word "title" the following:
"or because a person's business or occupation is providing care to his/her parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury,".
Section 9.Amend §5503(k), Title 15 of the Delaware Code by inserting after the second instance of the word "title" the following:
"or because a person's business or occupation is providing care to his/her parent, spouse or child who is living at home and requires constant care due to illness, disability, or injury".
Section 10.Amend §5503, Title 15 of the Delaware Code by inserting as subsection (l) the following:
"(l) Upon request, a registered voter eligible to vote by absentee ballot for reasons stated in §5502(4) of this title may be sent and may return his or her absentee ballot by electronic transmission in accordance with §5525 of this title."
Section 11.Amend subsection §5518(a), Title 15 of the Delaware Code by striking the words "the next general election" in their entirety and substituting in lieu thereof the following:
"through December 31st of the year following the last general election. Additionally, if a person states the duration of his or her absence from the State, their FPCA shall be valid for that period.".
SYNOPSIS
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This act would give sole responsibility for voter list maintenance to the Departments of Elections in the counties, permit persons whose business or occupation is providing care to a parent, spouse or child requiring constant care due to illness, injury or disability to self-administer the affidavit for an absentee ballot, expand the validity of Federal Post Card Applications, and permits voters who are sick or physically disabled to be sent and to return absentee ballots by electronic transmission. This act would also require recipients of State funding to make facilities available for polling, so long as it would not be incompatible with the recipient's primary purpose. |
