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NOV 2 1933

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LAWS OF DELAWARE.

CONSTITUTIONAL AMĖ

CHAPTER 1.
AN ACT proposing An Amendment to the Constitution of this State.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each house deeming it necessary and concurring herein and by and with the approbation of the Governor):

SECTION 1. That the following amendment be and is Amendment hereby proposed to the first clause of the first section of the Clause of 1st Fourth Article of the Constitution of this State, that is, by Article adding the following thereto immediately after the word the Constitu“ballot."

to the ist

Section of

tion pro-
posed

“But the Legislature may by law prescribe the means, Means,

methods and methods and instruments of voting so as to best secure instruments secrecy and the independence of the voter, preserve the of voting. freedom and purity of elections, and prevent fraud, corruption and intimidation thereat."

SECTION 2. The Secretary of State, after the Governor Secretary of shall have approved of the above proposed amendinent and intento put this act, shall duly publish the above proposed amendment posed and this act in two or more newspapers of this State, for in two or the consideration of the people of this State, at least three pa and not more than six months before the next general thi election for Senators and Representatives in this State.

Amend ment

more news

is State,

Passed at Dover, April 28, 1891.

CONSTITUTIONAL AMENDMENTS.

stitution proposed.

CHAPTER 2.
AN ACT proposing An Amendment to the Constitution of this State.

SECTION 1. Be it enacted by the Senate and House of
Representatives of the State of Delaware in General Assem-

bly met (two-thirds of each Hause : deeming it necessary and Amendment by and with the approbation.of. 'the Governor): That the of the Con? following amendment besind: the same is hereby proposed to

. Article Nine of the Constitution of this State, that is to say, strike out all of said.article which reads thus:

“No canvention shall be called but by the authority of the people::ind an unexceptionable inode of making their sense known; will be for them at a special election on the third Tuesday of May in any year to vote by ballot for or against a convention as they shall severally choose to do; and if thereupon it shall appear that a majority of all the citizens in the State, having the* right to vote for representatives, have voted for a convention, the General Assembly shall accordingly at their next session, call a convention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be elected. The majority of all the citizens in the State, having right to vote for representatives, shall be ascertained by reference to the highest number of votes cast in the State at any one of the three general elections next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention; and whenever the General Assembly shall deem a convention necessary, they shall provide by law for the holding of a special election for the purpose of ascertaining the sense of a majority of the citizens of the

State entitled to vote for representatives.” At any Gen. And in lieu thereof insert the following, that is to say: voters may “No convention shall be called but by the authority of the

people: and the mode of making their sense known shall be, that at any general election held for representatives in the

the number of votes whenever the Gerhall provide by

of

eral Election

vote for or against a Conven. tion.

*So enrolled.

CONSTITUTIONAL AMENDMENTS.

shall be separate from

General Assembly, and which shall have been prescribed by the General Assembly at its regular session next preceding the said election as the proper occasion for ascertaining such sense, the citizens of this State entitled to vote for representatives at such election may vote by ballot for or against a convention as they shall severally choose to do, and in so voting the ballot shall be separate from those cast for any Ballots for person voted for at such election and shall be kept distinct Convention and apart from any other ballot so cast; and if at any such election the nuinber of votes for a convention shall be equal those cast

for any perto a majority of all the citizens in the State, having right to son. vote for representativesas, ascertained by reference to the highest number of votes cast in the State at any one of the Mode of asthree general elections next preceding the day of voting for the majority a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention, the General Assembly shall, at its next session, call a convention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be elected. The Legislature shall provide by law for receiving, tallying, and counting the said votes for and against a convention and for returning to the General Assembly at its next session the state of the said vote, and also for ascertaining and returning to the said General Assembly the number of ballots cast at said election on or by which representatives were voted for, so as to enable it to determine whether a majority of those who voted for representatives voted for a convention; and shall also by law enact all provisions necessary for giving full effect to this article."

SECTION 2. And be it further enacted, That the Secre- Secretary of tary of State be and he is hereby directed, after the Governor lish the proshall have approved of the above proposed amendment, duly as to publish the said proposed amendment in print in the in the sevseveral newspapers published in this State, at least three and papers in not inore than six months before the next general election of representatives, for the consideration of the people.

Passed at Dover, May 16, 1891.

posed Amendment

eral news

this State.

CONSTITUTIONAL CONVENTION.

CHAPTER 3.

Preamble.

Time of

Election.

AN ACT to provide for the holding of a Special Election for the purpose

of ascertaining the sense of the people in respect to calling a Constitutional Convention.

WHEREAS there appears to be a general desire that the General Assembly, at its present session, shall provide by law for the holding of a special election for the purpose of ascertaining the sense of the majority of the citizens of the State entitled to vote for representatives in respect to the calling of a convention to change, alter and amend the Constitution, therefore,

Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Time of SECTION 1. That on the third Tuesday of May, in the Special year of our Lord one thousand eight hundred and ninety-one,

a special election shall be held for the purpose of ascertaining, by ballot, the sense of the people of this State in respect to calling a convention to change, alter and amend the Constitution of the State.

At the said election the citizens of the State entitled to vote for representatives inay have written or printed on their ballots the words “For a Convention” or “Against a Convention." Said ballots may be of any size and form, not

exceeding the size now provided by law. Election offi- SECTION 2. That at said special election, to be held as election prescribed in Section 1 of this act, the inspectors and judges

chosen in the several hundreds throughout the State to hold the last general election shall hold said special election. Every vacancy in the said offices shall be filled in the same manner as now prescribed by law.

SECTION 3. The Sheriff of each county shall, on or beand other fore the twelfth day of May in the said year of holding said

special election, deliver to the inspector of each hundred or election district of his county two suitable ballot boxes, with tape and sealing wax therefor, together with alphabetical lists of voters and of delinquents, and written or printed forms

Ballots.

cers to hold election.

d in Section hundreds throid said spe

Duties of the Sheriff

officers.

CONSTITUTIONAL CONVENTION.

of tally-lists, of certificates of election, of official oaths or affirmations of the election officers and the certificates and directions relating thereto, and also a proper election stamp, all prepared (subject however to such alterations thereof as may be necessary to adapt them to the requirements of said special election) as now prescribed by law for the general election. The said alphabetical lists of voters and of delinquents shall be delivered by the Clerk of the Peace of each county to the Sheriff of his county on or before the fifth day of May in the said year of holding said special election. The said special elections shall be held at the same places, during the same hours, in the same manner, according to the same regulations and subject to the same penalties, so far as the same may be applicable to the purposes of this act, as now prescribed concerning the general election ; and the votes cast at said special election shall be counted, tallied and certified by the inspector, judges and clerks of each poll, and the state of the said election shall be ascertained and certified by the board of canvass of each county, on the Thursday next succeeding the day of holding the said special election, at the same times, in the same manner, at the same places and by the same persons as prescribed in Chapter Eighteen of the Revised Statutes and any amendments and supplements thereto for the counting, tallying and certifying the votes cast at, and for the ascertaining and certifying the state and result of the last general election throughout each county. The certificates, respectively, of said special election shall contain and show accurately the nuinber, in words at length, of votes cast “For a Convention" and “Against a Convention."

:

the elec

SECTION 4: That the returns of said special election, so Returns of certified by the board of canvass of each county as aforesaid, tion. and duplicates thereof, shall be delivered in the same manner, by the same persons, in the same way, and to the same officers as the returns of the election for Governor and duplicates thereof are required to be delivered by direction of the Constitution of the State.

SECTION 5. That the General Assembly shall, at the next Duties of session thereof after said special election, and on the second th Wednesday after its organization, meet in joint session, in the ascertaining Hall of the House of Representatives, to be present at the of the elecopening and publishing of the said returns of such election, " and to ascertain therefrom the result of said election through

the General Assembiy in

the results of the elec. tion,

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