§ 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 (b) [Repealed.]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. […]
§ 5947. Security for costs.
§ 5947. Security for costs. Any person contesting any election under this subchapter 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. 17 Del. Laws, c. 33, § […]
§ 5948. Citation; service and return.
§ 5948. Citation; service and return. Before the statement is filed, the Prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as […]
§ 5949. Dismissal of proceedings.
§ 5949. Dismissal of proceedings. The Court may dismiss the proceedings if the statement of the cause or causes of contest do not conform to the requirements set forth in this subchapter or for want of prosecution. 17 Del. Laws, c. 33, § 10; 19 Del. Laws, c. 572, § 3; Code 1915, § 1907; […]
§ 5950. Trial.
§ 5950. Trial. If proceedings are not 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 Superior Court, so far as the same are applicable. 17 Del. Laws, c. 33, […]