Perform

ance of

duties,

within what

time.

What ballots not counted.

Proviso.

preserved.

OF ELECTIONS.

spector belongs. The duties herein imposed upon the commissioners aforesaid shall be performed by the first day of March, A. D. 1892, and a report of their proceedings certified to the Clerk of the Peace of the proper county. The election districts so established and certified by the commissioners shall be election districts of the respective counties and shall remain such until altered or changed by law and all the laws applicable to the election districts shall be applicable to them.

SECTION 27. In the counting of the votes any ballot which is not endorsed with the initials of the clerks of the election as provided in this act, and any ballot which shall bear any distinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidate or candidates affected thereby; provided, however, that such ballots and all disDisputed puted ballots shall be preserved by the inspector and at the ballots to be close of the count placed with the seals of the ballot packages in the box into which the ballots shall have been put when read. The election officers shall also record on Memoranda the tally list memoranda of such ballots and the condition. of the seal of the ballot packages; and in any contest of election such ballot and seals may be submitted in eviRemaining dence. Immediately on closing the polls all the ballots stroyed, how remaining unvoted or unused shall be counted and destroyed by the election officers of the several hundreds or election districts by totally consuming by fire, and the election officers shall certify the number of ballots so destroyed by them on the respective tally lists.

ballots de

Clerks of the
Peace to de-

left over.

The several Clerks of the Peace shall preserve the ballots stroy ballots left over in their hands after supplying the hundreds and election districts, as hereinbefore provided, until six o'clock P. M. of the day of election, and shall then count and destroy, by totally consuming by fire, all of such ballots but one, which he shall preserve in his office as a record together with his certificate of the number of ballots counted and destroyed by him.

Penalty for neglect or

refusal of Clerk of the

SECTION 28. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the Peace to per- ballots and stamps printed and prepared according to the duties under provisions of this act, or shall neglect or refuse to deliver them in time to the parties properly entitled to receive

form the

this act.

OF ELECTIONS.

them, or shall neglect or refuse to do or perform any other duty in and about the preparation and distribution of the ballots and stamps required to be done and performed by him by the provisions of this act, he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars and he may in the discretion of the Court be imprisoned for not less than one nor more than five years.

election offi

ers' assis

knowledge.

SECTION 29. If any person being an election officer or Penalty for a voters' assistant shall reveal to any person how any cers or vot elector has voted or what person or persons were voted for tants revealby him on any ballot or give any information concerning ing certain the appearance of any ballot voted, such person or persons so offending shall be guilty of a misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be imprisoned not less than two years and not more than five years.

falsely or

etc., any

nominations

SECTION 30. Any person who shall falsely make or Penalty for fraudulently deface or fraudulently destroy any certificate of fraudulently nomination, or any part thereof; or file any certificate of destroying, nomination knowing the same or any part thereof to be certificate of falsely made; or suppress any certificate of nomination which has been duly filed or any part thereof; or forge or falsely make the official indorsement of any ballot; or print or cause to be printed any imitation ballot or circulate the same; or conspire with others to do any of said acts, or induce or attempt to induce any other person to do any of said acts whether or not said acts or any of them be committed or attempted to be committed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the discretion of the court not more than five years.

violation of

ions of this

SECTION 31. If any Clerk of the Peace, inspector of Penalty for election, clerk of election or judge of elections or trusty any provis person or voters' assistant shall willfully violate any of the provisions of this act in the performance of any duty herein imposed upon him for the violation of which no other punishment is herein provided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the court be imprisoned for a term not exceeding three years.

Penalty for entering or

to enter elec

tion room or

SECTION 32.

OF ELECTIONS.

The Sheriff shall make the ballot boxes and the tally lists and all other papers to be delivered to the several inspectors conform to the requirements of this act. The inspector or the trusty person for his services in receiving and delivering at the place of holding the election as aforesaid the packages containing the ballots and stamps

shall receive two dollars.

SECTION 33. If any person not herein authorized so to do attempting shall enter or attempt to enter the election room, or enter or attempt to enter within the railing leading to the entrance of railing con, the election room, or shall remain within thirty feet of the polling place contrary to the provisions herein before made, he shall be guilty of a misdemeanor and on conviction thereof be fined not more than two hundred dollars.

trary to this

act.

Distinguish

ing marks on ballot. Penalty for making.

Inducing

election offi

visions of

this act.

SECTION 34. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the name of any person or any sign or device of any kind as a distinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors or any electors to so place any distinguishing mark or name on his ballot whether or not said act be committed or attempted to be committed, such person so offending shall be guilty of a misdemeanor and on conviction be imprisoned for not exceeding two years.

SECTION 35. If any person shall induce or attempt to cers to vio- induce any election officer to violate any of the provisions late the pro- of this act whether or not such election officer shall violate or attempt to violate any of the provisions of this act, such person so offending shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preceding section to the election officers at the opening of the polls and each member thereof Oath of elec- shall thereupon take an oath that he has not violated and tion officers. will not violate the provisions of said sections.

Duty of inspector.

Penalty for tearing down

ing conveni

SECTION 36. Any person who shall during the election or destroy- remove or destroy any of the supplies or other conveniences placed in the booths as aforesaid or delivered to the voter for the purpose of enabling the voter to prepare his ballot, or shall during an election remove, tear down or deface the

ences at vot

ing place.

OF ELECTIONS.

cards printed for the instruction of the voters, or shall, during an election destroy or remove any booth, railing or other convenience provided for such election, or shall induce or attempt to induce any person to commit any of such acts whether or not any such acts are committed or attempted to be committed, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year.

tion of Com

SECTION 37. The commissioners for dividing the hun-Compensadreds or election districts shall receive two dollars per day for missioners. actual services rendered by them; provided that no commis- Proviso. sioner shall receive more than the sum of twenty-five dollars: The fees of the commissioners and all necessary costs and Expenses expenses incurred by the inspector and. Clerks of the Peace how paid in carrying into effect the provisions of this act shall be paid as other county expenses are paid.

elections the

this act ap

SECTION 38. This act shall apply to all municipal elec- To what tions held in the city of Wilmington except the election to provisions of be held on the sixth day of June, A. D. 1891, but it shall not ply. apply to the special election to be held on the third Tuesday in May, A. D. 1891, nor to the election for members of the Board of Education in the city of Wilmington.

acts repealed

SECTION 39. All acts or parts of acts inconsistent with Inconsistent this act are hereby repealed.

Passed at Dover, May 15, 1891.

OF ELECTIONS.

tions of

generat elec

CHAPTER 38.

GE ELECTIONS.

AN ACT providing for the Registration of Voters.

Be it ended by the Senate and House of Representatives of the State of Delaware in General Assembly met:

QualificaSTION 1. In all elections for Governor, Senators, Vote Representatives, Sheriffs, Coroners, or any other county or State officers, of Representatives in Congress, or of Electors of President and Vice President, every male citizen of the age of twenty-two years and upwards, having resided in the State one year next before the election, and the last month thereof in the county where he offers to vote, and having within two years next before the election paid a county tax which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every male citizen of the age of twenty-one years, and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax; provided, that no person in the military, naval or marine service of the United States shall be considered as acquiring a residence in this State by being stationed in any garrison, barrack, or military or naval station within this State; and no idiot or insane person, pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector.

Proviso.

Governor to

appoint a

SECTION 2. That for the purpose of preventing fraud at Registrar for such elections and facilitating the ascertainment of those dred or elec. who are duly qualified electors, according to the constitution tion district. and laws of the State, the Governor shall, at least six

each hun

Term of office.

months before every general election, appoint in each hundred, or election district where a hundred is divided into two or more election districts, in this State (outside the city of Wilmington) one capable person, who shall be a voter and resident in the district for which he shall be appointed, to be Registrar for the said hundred or election district. The terms of office of such Registrars shall begin on the third Tuesday of May next after their appointment and shall continue for two years thereafter, or until their successors shall be duly chosen and qualified.