§ 1078 — Determination of qualifications of the voter

For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, that individual shall complete an affidavit, promulgated by the Commissioner of Elections, which shall affirm that the individual offering to vote is a qualified voter of the school district pursuant to § 1077 of this title. If it can be determined by a majority opinion of the inspector and both judges assigned to that polling place that the individual offering to vote has met the qualifications for that school election pursuant § 1077 of this title, then said individual shall be permitted to vote. Otherwise, an election official shall require the person offering to vote to produce reasonable identification of himself or herself and their place of residence in the school district. The said identification may be:

(1) Delaware driver’s license;

(2) Delaware ID card;

(3) Work ID card with photo and address; or

(4) U.S. postal material.

If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the inspector and both judges assigned to that polling place.

Legislative History

14 Del. C. 1953, § 1078; 56 Del. Laws, c. 292, § 6 ; 59 Del. Laws, c. 231, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 515, §§ 8, 9 ; 71 Del. Laws, c. 446, § 1 ; 74 Del. Laws, c. 122, §§ 25, 26