Bill Text: DE HB331 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Titles 14 And 15 Of The Delaware Code Relating To Absentee Voting.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-06-20 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits [HB331 Detail]
Download: Delaware-2011-HB331-Draft.html
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SPONSOR: |
Rep. D.E. Williams & Sen. Sokola |
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Reps. Keeley, Scott, B. Short |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 331 |
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AN ACT TO AMEND TITLES 14 AND 15 OF THE DELAWARE CODE RELATING TO ABSENTEE VOTING. |
Section 1. Amend Section 1086(a), Title 14 of the Delaware Code by making deletions as shown by strike through as follows:
(a)
Any individual qualified to vote in a school district election who shall be
unable to appear to cast their ballot at the polling place of their school district
on the date of the election may cast their vote by absentee ballot provided
that the voter qualifies under one of the provisions of §5502 of Title 15
and files an affidavit of eligibility, in a form prescribed by the State
Commissioner of Elections, with the appropriate county department of elections
by 12:00 noon, local time of the day prior to the election.
Section 2.Amend §5502, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
Any
qualified elector, duly registered, of this State may cast the qualified
elector's vote by absentee ballot in any primary election, general election,
special election for statewide or local offices and in any election held
under the provisions of Chapter 73 of this title. Votes cast by absentee ballot
pursuant to this chapter shall be counted in the total for the election
district in which the elector is registered. if the elector is unable
to appear at the polling place of the elector's election district due to the
following reasons:
(1)
Because such person is in the public service of the United States or of this
State, or is a citizen of the United States temporarily residing outside the
territorial limits of the United States and the District of Columbia, or such
person's spouse or dependents when residing with or accompanying the person, or
is absent from this State because of illness or injury received while serving
in the armed forces of the United States; or
(2)
Because such person is in the armed forces of the United States or the merchant
marine of the United States, or attached to and serving with the armed forces
of the United States in the American Red Cross or United Service Organizations;
or
(3)
Because of the nature of such person's business or occupation, including the
business or occupation of providing constant care to a parent, spouse or that
person's child who is living at home and requires constant care due to illness
or injury; or
(4)
Because such person is sick or physically disabled; or
(5)
Because such person is absent from the district while on vacation; or
(6)
Because such person is unable to vote at a certain time or on a certain day due
to the tenets or teachings of that person's religion; or
(7)
Because such person is otherwise authorized pursuant to the federal Uniformed
and Overseas Citizens Absentee Voting Act (UOCAVA) [42 U.S.C. §1973ff et seq.]
to vote by absentee ballot; or
(8)
Because such person is otherwise authorized by federal law to vote by absentee
ballot.
Section 2.Amend §5503(d)(2), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(2) Include at least the following information:
a. The elector's name;
b. The address of the elector's domicile in the State;
c. The address to which the elector requests that the absentee ballot be mailed;
d. The elector's date of birth;
e. The elector's social security number (optional);
f. The elector's political party affiliation;
g.
The elector's expected location on election day;
h.
The reason that the elector cannot appear at the regular polling place for the
elector's election district on the day of the election, which shall identify at
least 1 of the reasons set forth in §5502 of this title;
i.
g. A telephone number, if available, to assist in resolving any
challenge;
j.
h. An e-mail address, if available, to assist in resolving any
challenge; and
k.
i. The elector's signature;
Section 3.Amend §5503(e), Title 15 of the Delaware Code by making deletions as shown by strike through as follows:
(e)
Notwithstanding any other provision of this section to the contrary, the
affidavit of any elector desiring to receive an absentee ballot because the
person qualifies under any of the reasons set forth in §5502(1), (2), (4) or
(7) of this title may be self-administered.
Section 4.Amend §5503(f)(1), Title 15 of the Delaware Code by making deletions as shown by strike through as follows:
(f)(1)
If the elector does not indicate the election or elections for which the
elector is requesting an absentee ballot, it shall be presumed that the
affidavit is for the next scheduled election in which the elector is eligible
to vote; provided however, that an affidavit on which the person indicates
that the reason the person is requesting to vote by absentee ballot is that the
person is temporarily or permanently physically disabled or that the person
qualifies under any of the reasons set forth in §5502(1), (2), (4) or (7) of
this title shall be presumed to be for all elections in a calendar year unless
otherwise indicated on the affidavit.
Section 5.Amend §5503(k), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(k)
Notwithstanding any other provision of this title, a registered voter
eligible to vote by absentee ballot for reasons stated in §5502 (1), (2), (4),
(7) or (8) of this title may apply in writing to the department of
elections for the county in which the voter is registered to vote for permanent
absentee status. The respective departments of elections shall automatically
send an absentee ballot to each person in permanent absentee status for each
election in which the person is entitled to vote.
(1) The State Election Commissioner shall promulgate instructions that people shall follow to apply for permanent absentee status.
(2) Overseas citizen and military voters may apply for permanent absentee status by writing that request in the remarks section of the federal post card application or its successor.
(3)
A department of elections shall cancel a person's permanent absentee status
upon the return of an absentee ballot or other correspondence sent by first-class
mail as undeliverable, the person's death or disqualification, the cancellation
of the person's voter registration, or the receipt of a written request
from the person, or receipt of written notification that the reason that the
person has stated for voting by absentee ballot is no longer valid.
(4)
Persons in permanent absentee status shall keep the department of elections
informed of changes in address, or changes in name or changes
in the reason that the person has listed for voting by absentee ballot.
(5) Each department of elections shall post a list of permanent absentee voters on their web site.
Section 6.Amend §5504(a), Title 15 of the Delaware Code by making deletions as shown by strike through as follows:
(a)
Upon receipt of an affidavit from an elector pursuant to §5503 of this title,
the department shall process the same and confirm that the elector qualifies
for an absentee ballot pursuant to §5502 of this title.
Section 7.Amend §5504(b), Title 15 of the Delaware Code by making deletions as shown by strike through as follows:
(b)
Not more than 60 nor less than 4 days prior to an election, and within 3 days
after the absentee ballots, envelopes, and instructions therefore become
available, the department shall mail, to each elector who requests and
qualifies for an absentee ballot pursuant to §5502 of this title,
the following:
Section 8.Amend §5518(a), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
Any person who qualifies for an absentee ballot pursuant to §5502(1), (2)
or (7) of this title,:
(1) is in the public service of the United States or of this State, or is a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or such person's spouse or dependents when residing with or accompanying the person, or is absent from this State because of illness or injury received while serving in the armed forces of the United States; or
(2) is in the armed forces of the United States or the merchant marine of the United States, or attached to and serving with the armed forces of the United States in the American Red Cross or United Service Organizations; or
(3) is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [42 U.S.C. §1973ff et seq.] to vote by absentee ballot,
and who has requested the same
an absentee ballot, shall qualify for an absentee ballot in all elections
conducted under the provisions of this title during the period from receipt of
the application following the last general election and the next general
election.
Section 9.Amend §5520(a), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
Notwithstanding any other provisions of this title, an elector who qualifies
under meets any of the reasons definitions set forth in
§5502(1), (2) or (7) §5518(a)(1), (a)(2) or (a)(3) of this title
may, during the calendar year in which an election is to be held for President,
United States Senator or Representative in Congress, request a special write-in
absentee ballot.
Section 10.Amend §5521(a), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
Notwithstanding any other provisions of this title, an elector who qualifies
under meets any of the reasons definition set
forth in §5502(7) §5518(a)(3) of this title may:
Section 11.Amend §5524(a), Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
In the event that a national or local emergency makes substantial compliance
with the provisions of this title and/or the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. §1973ff et seq.) impossible or unreasonable for
some of all of the citizens covered under §5502(1) or (2) §
5518(a)(1) and (a)(2) of this title, the State Election Commissioner may
direct the use of special procedures to facilitate absentee voting for those
citizens directly affected who are eligible to vote in the State. Such an
emergency may be a natural and/or humanitarian disaster; and/or armed conflict
involving United States Armed Forces to include mobilized State National Guard
and/or Reserve components.
Section 12. This Act shall take effect on January 1, 2014.
SYNOPSIS
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Under current Delaware law, only certain voters are eligible to vote by absentee ballot.Similarly, only certain voters qualify for permanent absentee voting status.This bill extends absentee voting, including permanent absentee voting status, to all voters in the State of Delaware. |
