Delaware Constitution

Article V, § 2 — Qualifications for voting; members of the Armed Services of the United States stationed within State; persons disqualified; forfeiture of right

Delaware Const. art. V, § 2

This text of Delaware Const. art. V, § 2 (Qualifications for voting; members of the Armed Services of the United States stationed within State; persons disqualified; forfeiture of right) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionDelawareDocumentConstitution
ArticleV
Section§ 2
CitationDelaware Const. art. V, § 2
Bluebook
Del. Const. art. V, § 2.

Full Text

Section 2. (a) Every citizen of this State of the age of 21 years who shall have been a resident thereof 1 year next preceding an election, and for the last 3 months a resident of the county, and for the last 30 days a resident of the hundred or election district in which the citizen may offer to vote, and in which the citizen shall have been duly registered as hereinafter provided for, shall be entitled to vote at such election in the hundred or election district of which the citizen shall at the time be a resident, and in which the citizen shall be registered, for all officers that now are or hereafter may be elected by the people and upon all questions which may be submitted to the vote of the people; provided, however, that no person who shall attain the age of 21 years after the first day of January in the year of our Lord, 1900, or after that date shall become a citizen of the United States, shall have the right to vote unless the person shall be able to read this Constitution in the English language and write the person’s name; but these requirements shall not apply to any person who by reason of physical disability shall be unable to comply therewith; and provided also, 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 place or station within this State; and no person adjudged mentally incompetent or person convicted of a crime deemed by law felony, or incapacitated under the provisions of this Constitution from voting, shall enjoy the right of an elector; and the General Assembly may impose the forfeiture of the right of suffrage as a punishment for crime. (b) Any person who is disqualified as a voter because of a conviction of a crime deemed by law a felony shall have such disqualification removed upon being pardoned, or after the expiration of the sentence, whichever may first occur. The term "sentence" as used in this Section shall include all periods of modification of a sentence, such as, but not limited to, probation, parole, and suspension. The provision of this subsection shall not apply to (1) those persons who were convicted of any felony of murder or manslaughter, (except vehicular homicide); or (2) those persons who were convicted of any felony constituting an offense against public administration involving bribery or improper influence or abuse of office, or any like offense under the laws of any state or local jurisdiction, or of the United States, or of the District of Columbia; or (3) those persons who were convicted of any felony constituting a sexual offense, or any like offense under the laws of any state or local jurisdiction or of the United States or of the District of Columbia.

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History

54 Del. Laws, c. 370; 55 Del. Laws, c. 44; 71 Del. Laws, c. 379; 72 Del. Laws, c. 136; 71 Del. Laws, c. 344; 72 Del. Laws, c. 356; 72 Del. Laws, c. 436; 73 Del. Laws, c. 99; 78 Del. Laws, c. 332; 79 Del. Laws, c. 34; 83 Del. Laws, c. 351; 84 Del. Laws, c. 18; 84 Del. Laws, c. 281; 85 Del. Laws, c. 5

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Bluebook (online)
Delaware Const. art. V, § 2, Counsel Stack Legal Research, https://law.counselstack.com/constitution/de/V/2.