[HISTORY: Derived from Ch. 12 of the prior Code; amended in its entirety 2-7-2022 by Ord. No. 2022-001. Subsequent amendments noted where applicable.]
Any qualified voter of the Town who shall be unable to appear to cast his ballot at any annual municipal election at the regular polling place in the Town for any reasons permitted under 15 Del. C. § 7571, as amended, shall be entitled to cast an absentee ballot and to have his vote counted.
Any voter desiring to obtain an absentee ballot because of any of the reasons set forth in 15 Del. C. § 7571, as amended, shall file or cause to be filed with the Town Clerk a written statement pursuant to 15 Del. C. § 7572, as amended.
Upon receipt from a voter of the affidavit as required by the provisions of § 5-2 of this chapter, the Town Clerk shall confirm that the elector qualifies for an absentee ballot and process the request pursuant to 15 Del. C § 7573, as amended.
Upon receipt by the Town Clerk of a proper request under this chapter, the Town Clerk shall provide to each elector to whom it sends an absentee ballot an envelope pursuant to 15 Del. C. § 7574, as amended.
The absentee voter shall complete the absentee ballot and return it to the Town pursuant to 15 Del. C. § 7575, as amended.
Any absentee ballot shall be returned in compliance with 15 Del. C. § 7576, as amended, to be counted; the Town Clerk shall retain any late ballots in compliance with the same.
Upon receipt of the ballot envelope from the absentee voter, the Town Clerk shall follow the procedure set forth in 15 Del. C. § 7577, as amended.
When an absentee voter's ballot is received by the Town Clerk, the official envelope containing the marked ballot, sealed in the special carrier envelope of the Town, shall be enclosed and sealed in a package and safely kept in the Town Clerk's office until the day of the election and delivered to the Board of Election after the opening of the polls on the election day and at least one hour before the closing of the polls. The Town Clerk shall deliver all such absentee voters' ballots separately enclosed in a special carrier envelope to the Board of Election at the polls taking their seat of the Board of Election for the delivery of such a ballot or ballots.
The Board of Election shall follow the procedure set forth in 15 Del. C. §§ 7578 through 7579, as amended.
The Town Clerk shall ensure that carrier envelopes are available and processed pursuant to 15 Del. C. § 7580, as amended.
The vote of any absentee voter may be challenged pursuant to 15 Del. C. § 7581, as amended.
Ballots shall only be rejected based on 15 Del. C. § 7582, as amended, and processed pursuant to the same.
A. 
Whoever willfully makes a false affidavit under the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $200 or imprisoned for a period of not more than 30 days, or both, and shall pay the costs of prosecution.
B. 
Whoever, other than the Board of Election on the day of the annual municipal election and at the polls, opens or attempts to open any sealed official envelope or whoever prints or causes to be printed in the envelope identical or purportedly similar to the official envelope or the special envelope from the Town Clerk, other than the printing of such envelopes by the official printer selected by the Town Council for the printing of such envelopes pursuant to the provisions of this chapter, or whoever abets or aids or attempts to abet or aid any fraud in connection with any vote cast or to be cast under the provisions of this chapter shall be imprisoned for a term of not less than 15 days nor more than 30 days.
C. 
Whoever fraudulently signs the name of a voter to the affidavit on any affidavit or official envelope or of the Town Clerk of the Town on any envelope provided for by this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100 or imprisoned for a period of not more than 30 days, or both, and shall pay the costs of prosecution.
D. 
Whoever, being a member of the Board of Election or other public official of the Town of Milton, knowingly violates any of the provisions of this chapter and thereby aids in anyway the illegal casting of a vote or attempting to cast a vote or whoever connives to nullify any provision of this chapter in order that fraud may be perpetrated shall be fined not less than $100 nor more than $500 or imprisoned for a term not less than 15 days nor more than 30 days, or both, and shall pay the costs of prosecution.