§ 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 (b) [Repealed.]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. […]
§ 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, […]
§ 5951. Trial by Court; by jury.
§ 5951. Trial by Court; by jury. All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgment, determine […]
§ 5952. Proof and evidence limited by statement.
§ 5952. Proof and evidence limited by statement. At the trial of any contest under this subchapter the contestant shall be limited in that contestant’s proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their testimony to the facts set forth in the […]