§ 6102. Definitions.
§ 6102. Definitions. (a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Disqualifying felony” shall mean that type of felony set forth in § 2, article V of the Constitution of this State which permanently […]
§ 6103. Application for registration: felony conviction reviews.
§ 6103. Application for registration: felony conviction reviews. (a) The county office of the Department of Elections shall not register any applicant as a qualified voter until it has been determined that such applicant is lawfully eligible to vote. The county office shall, for each registration application, perform an electronic inquiry against the Criminal Justice […]
§ 6104. Commissioner’s review of application.
§ 6104. Commissioner’s review of application. (a) If the applicant has been convicted of a felony which is not disqualifying, the State Election Commissioner shall request that the Department of Correction review its records to determine if all sentences of imprisonment and community supervision imposed upon the applicant have been fully discharged. (b) [Repealed.] (c) […]
§ 6105. Cooperation between agencies; waiver of fees.
§ 6105. Cooperation between agencies; waiver of fees. Notwithstanding any statute or other provision to the contrary, in any request for information or any act by the State Election Commissioner under this chapter, fees which would otherwise be assessed for criminal background or other computer searches shall be waived. Each state agency and public subdivision […]
§ 6106. Rules and regulations.
§ 6106. Rules and regulations. The State Election Commissioner shall promulgate rules and regulations when information regarding an applicant is incomplete or uncertain. These guidelines and standards shall be used to determine whether or not the applicant shall be permitted to register to vote. 72 Del. Laws, c. 314, § 1; 77 Del. Laws, c. […]
§ 6107. Appeals.
§ 6107. Appeals. Any decision by the State Election Commissioner may be appealed to the Superior Court. No person whose registration application has been denied by the State Election Commissioner shall be permitted to register or to vote until the State Election Commissioner or the Court, in writing, approves such person’s registration application. 72 Del. […]
§ 5926. Subpoenas for witnesses.
§ 5926. Subpoenas for witnesses. Where any contestant or person who has been declared elected and whose election is contested is desirous of obtaining testimony respecting a contested election, such person may apply to the Prothonotary of the Superior Court in Kent County, for a subpoena or subpoenas for summoning such witnesses as the contestant […]
§ 5954. Judgment.
§ 5954. Judgment. (a) After hearing the allegations and proofs in the cause the Court shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried the cause) either confirming or annulling such election altogether. (b) If it appear by the judgment of the Court or the verdict of […]
§ 5927. Superior Court for Kent County declared a special board of canvass to hear contest.
§ 5927. Superior Court for Kent County declared a special board of canvass to hear contest. The Superior Court for Kent County is continued and declared to be a special board of canvass to hear and determine all contests of elections of electors of President and Vice President with power to regulate and determine the […]
§ 5955. Costs.
§ 5955. Costs. (a) Costs in all cases under this subchapter shall be awarded against the unsuccessful party to the contest. (b) Charges for costs shall be as near as possible to the charges for similar services in other cases tried in the Superior Court. (c) Execution may issue to collect costs. 17 Del. Laws, […]