Delaware § 4942 Electioneering in polling place; penalties; definitions

Delaware Statutes

§ 4942 — Electioneering in polling place; penalties; definitions

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

(a)No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election. No political headquarters or gathering shall be permitted within that building during the conduct of the election.

(b)Whoever violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.

(c)Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(d)For the purposes of this section the following definition shall apply: “Electioneering” includes political discussion of issues, candidates or pa

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(a) No election officer, challenger or any other person within the polling place or within 50 feet of the entrance to the building in which the voting room is located shall electioneer during the conduct of the election. No political headquarters or gathering shall be permitted within that building during the conduct of the election.

(b) Whoever violates subsection (a) of this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.

(c) Whoever, being an election officer, violates subsection (a) of this section shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(d) For the purposes of this section the following definition shall apply:

“Electioneering” includes political discussion of issues, candidates or partisan topics, the wearing of any button, banner or other object referring to issues, candidates or partisan topics, the display, distribution or other handling of literature or any writing or drawing referring to issues, candidates or partisan topics, the deliberate projection of sound referring to issues, candidates or partisan topics from loudspeakers or otherwise into the polling place or the area within 50 feet of the entrance to the building in which the voting room is located.

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Legislative History

19 Del. Laws, c. 39, § 31 ; Code 1915, § 1793; Code 1935, § 1882; 45 Del. Laws, c. 154, § 16 ; 15 Del. C. 1953, § 4949; 57 Del. Laws, c. 181, § 63 ; 58 Del. Laws, c. 148, § 88 ; 58 Del. Laws, c. 215, § 36 ; 70 Del. Laws, c. 186, § 1