§ 2101. Right to appeals; person entitled. (a) From the decision of the Department or the registration officers granting or refusing registration or removing or refusing to remove names from the registration records, any person interested or any member of such Department or any registration officer may appeal to the court. (b) The word “court” […]
§ 2102. Notice of appeal. (a) In order to prosecute an appeal, the person taking the same shall notify the Department or registration officers of the decision from which the appeal is taken and also the person affected by the appeal, stating in the notice the time when the appeal will be presented. (b) To […]
§ 2103. Notice of appeal to correct name; correction by judge. Any person applying to the court to have any name appearing in any manner incorrectly in the Election District Record for such person’s election district to be corrected shall give notice as provided in this chapter to the Department of that person’s intention to […]
§ 2104. Manner of giving notice; time; proof. (a) All notices required to be served upon any person by this chapter shall be in writing and shall be served personally or by registered mail, return receipt requested, addressed to the person’s address that appears in the County Master Record. (b) All required notices shall be […]
§ 2105. Affidavit of appellant. No appeal shall be received and acted upon by the court unless the appellant shall at the time of presenting that appellant’s appeal also make and file therewith an affidavit that notice of that appellant’s intention to present the appeal on the day was given to the Department or registration […]
§ 2106. Disposition of appeals. In the event any appeal is taken or any appeal remains undetermined within the period of 30 days before the date of the general election, the court shall give priority to any such appeal over any other business before the court, and the court shall hear and determine the appeal […]
§ 2107. Limit on appeals presenting the same issue. Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the court which presents the same or substantially the same issue as has already been determined in a prior appeal. 45 Del. Laws, c. 148, § 35; 45 Del. Laws, c. […]
§ 2108. Duty of registration officers to attend appeals. The registration officers of an election district shall attend and be present at all hearings of which they had notice, before the court sitting for that purpose, of appeals which have been taken from their decision. 21 Del. Laws, c. 36, § 17; Code 1915, § […]
§ 2109. Alternate registrars. All the powers and duties conferred or enjoined upon registration officers by this chapter are expressly made the powers and duties of all alternate registration officers in the absence of any registration officer from that registration alternate officer’s election district or the registrar’s disability to perform the duties imposed upon such […]
§ 2110. Order by court. The court hearing any appeal shall order and direct the Department to make such entries in the registration records as the law and the facts shall warrant. 21 Del. Laws, c. 36, § 16; Code 1915, § 1637; 34 Del. Laws, c. 106, § 1; Code 1935, § 1724; 15 […]
§ 2111. Finality of decisions. The decision of the court on any appeal provided for in this chapter shall be final. Code 1935, § 1744; 45 Del. Laws, c. 145, § 15; 15 Del. C. 1953, § 2111; 50 Del. Laws, c. 171, § 1;
§ 2112. Costs. The person who makes the affidavit taking such appeal shall pay all the costs of the appeal if the appeal is finally dismissed. The costs shall be fixed by the court and taxed upon the appellant at the time of such dismissal. Code 1915, § 1637; 37 Del. Laws, c. 117, § […]
§ 2113. Registration appeal dockets. (a) The Department shall provide books of permanent record to be known as “registration appeal dockets,” in which a permanent record shall be made and preserved of all registration appeals made to, and acted upon by, the court hearing registration appeals. The dockets shall contain the following information in respect […]
§ 2114. Timing of appeal. Notwithstanding the sections of this chapter, any person who asserts that he or she properly registered but has been denied the right to vote may appeal such denial to the court up to and including the day of the election. 73 Del. Laws, c. 34, § 6; 70 Del. Laws, […]
