§ 4937 — Voting procedure

Delaware § 4937

• Jurisdiction: Delaware
• Title: 15
• Part: General Elections
• Ch. 49: CONDUCT OF ELECTION
• Subch.: Regulations Governing Conduct of Elections During Hours of Voting

Text

(a) A voter, upon entering the room where an election is being held, shall announce that voter’s own name and address and provide proof of identity, whereupon the clerks shall place a mark or make a notation of his or her name upon the election district record. In the event the voter does not have proof of identity with them, the voter shall sign an affidavit of affirmation that the voter is the person listed on the election district record.

(b) If it appears that the voter is properly registered, an election officer shall hand to the voter a voter signature card which the voter shall sign. In the event that the voter is unable to sign a voter signature card for any reason the election officer shall sign the voter’s name on the voter signature card and the election officer’s name and make note that the voter is unable to personally sign the card.

(c) In the event of a challenge as to the identity of the voter or residency of the voter, the voter’s right to vote shall be determined by a majority vote of the inspector and the 2 judges of the election. In the event that the voter is not permitted to vote, the voter’s signature card shall be marked “not permitted to vote” and signed by 2 election officers and shall be forwarded to the department at the same time and in the same manner as other voter signature cards are sent to the department.

(d) If the voter is not challenged or if a challenge is decided in the voter’s favor, 1 of the election officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit the voter to pass through the entrance to the booth of the voting machine for the purpose of casting the voter’s vote. No voter shall remain in the voting machine longer than 3 minutes, unless for good and sufficient reason the voter be granted a longer period of time by the election officers in charge. When the voter has cast a vote, the voter shall at once leave the room. If the voter refuses to leave after a reasonable period, they shall be removed by the election officers. No voter, after having entered and emerged from the voting machine booth shall be permitted to enter the voting machine booth. No voter shall hold any conversation or communicate with any other person than an election officer while in the voting room, except as otherwise provided in this title.

(e) The rest of this title notwithstanding, any parent, guardian or caregiver may be accompanied in the voting area and voting machine by the parent’s, guardian’s or caregiver’s children or by children for whom they are providing care who are 17 years of age or younger. Any challenge to the age of any child shall be resolved by the voter affirming to the inspector that the child or children being challenged are 17 years of age or younger.

Legislative History

19 Del. Laws, c. 37, § 19 ; 19 Del. Laws, c. 576 ; 21 Del. Laws, c. 38, § 18 ; 22 Del. Laws, c. 62 ; 27 Del. Laws, c. 65, § 16 ; Code 1915, §§ 1767, 1772; 34 Del. Laws, c. 111, § 1 ; Code 1935, §§ 1856, 1861; 45 Del. Laws, c. 154, § 12 ; 15 Del. C. 1953, § 4939; 57 Del. Laws, c. 181, § 58 ; 58 Del. Laws, c. 148, § 84 ; 68 Del. Laws, c. 222, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 388, §§ 1, 2 ; 70 Del. Laws, c. 505, § 3 ; 72 Del. Laws, c. 470, § 1 ; 73 Del. Laws, c. 404, § 1 ; 75 Del. Laws, c. 287, § 1