[HISTORY: Adopted by the Mayor and Council of the City of Harrington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal elections — See Charter § 6.
[Adopted as Ch. XIX of the 1962 Municipal Code]
[Amended 12-15-2008 by Ord. No. 08-07]
Voting by absentee ballot shall be permitted for any qualified voter, duly registered, who shall be unable to appear at any City of Harrington municipal election for any of the following:
A. 
Because the voter is in the public service of the United States or of this state, or is a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia, or such person's spouse or dependents when residing with or accompanying the person, or is absent from this state because of illness or injury received while serving in the Armed Forces of the United States.
B. 
Because the voter is absent from the City while on vacation.
C. 
Because the voter is sick, physically disabled or providing care to a parent, spouse or that person's child who is living at home and requires constant care due to illness or injury.
D. 
Because the voter is in the Armed Forces of the United States or the merchant marine of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross or United Service Organizations.
E. 
Because of the nature of the voter's business or occupation.
F. 
Because the voter is unable to vote at a certain time or on a certain day due to the tenets or teachings of that person's religion.
G. 
Because the voter is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to vote by absentee ballot.
H. 
Because the voter is otherwise authorized by federal law to vote by absentee ballot.
[Amended 12-15-2008 by Ord. No. 08-07]
Any qualified voter, duly registered, desiring to receive an absentee ballot because the voter qualifies under any of the reasons set forth in § 16-2 of this article shall file an affidavit with the City of Harrington, subscribed and sworn to by him/her before an officer authorized by law to administer oaths. The affidavit shall be dated not more than 90 days prior to the day of any City of Harrington municipal election. It shall state the reason why the voter cannot appear at the regular polling place on the day of the elections, his/her birth date and his/her expected location, including his/her address and a telephone number (if available) to be used for the purposes of challenge on election day. The City of Harrington shall mail or deliver the official ballot, envelopes and instructions to the voter as soon as possible after receiving the affidavit.
[Amended 12-15-2008 by Ord. No. 08-07]
Any elector who is qualified under § 16-2 of this article to vote by absentee ballot in any City of Harrington municipal election and who desires to do so shall, not later than 12:00 noon of the day prior to any such City of Harrington municipal election, request in writing or by electronically prepared affidavit that the City of Harrington provide an absentee ballot. If the day preceding any City of Harrington municipal election is a Saturday, Sunday, or state or national holiday, the request for an absentee ballot must be made not later than 12:00 noon of the last nonholiday weekday prior to the City of Harrington municipal election.
[Amended 12-15-2008 by Ord. No. 08-07]
The form of the affidavit to be utilized by anyone requesting an absentee ballot for voting in a City of Harrington municipal election shall be in a form substantially complying with the provisions of 15 Del. C. § 5503, as amended.
[Amended 10-15-2012 by Ord. No. 12-22]
The absentee voter who qualified for his/her ballot under any of the reasons set forth in § 16-2 of this article shall make and subscribe to the affidavit before an officer authorized by law to administer oaths, and such voter shall thereupon in the presence of such officer, and of no other person, mark the ballot but in a manner that the officer cannot know how the ballot is marked, and the ballot shall then, in the presence of the officer, be deposited by the voter in the official envelope. The official envelope containing the ballot shall then be deposited in the voucher envelope and the voucher envelope shall be securely sealed by the voter. Thereupon, the voucher envelope containing the marked ballot shall be enclosed in the mailing envelope received by the voter from the City of Harrington; and after the voter has enclosed the voucher envelope containing the marked ballot and the mailing envelope, he/she shall securely seal the mailing envelope and mail it, postage prepaid, to the City of Harrington, or if more convenient, it may be delivered to the Department in person, to be received in either case by the City of Harrington before the close of the polls on the day of the election and not thereafter.
The vote of any absentee voter may be challenged for the same causes and in the same manner as provided for in Chapter 55 of Title 15 of the Delaware Code. In addition, the vote of any absentee voter may be challenged on the ground that the affidavit filed by the voter in compliance with the provisions of this article is false.
Any affidavit required under this article may be taken before any person with authority to administer oaths and affirmations in the place where such affidavit may be taken; and whenever taken outside the State of Delaware, the authority of such person shall be conclusively presumed. Any affidavit required under the provisions of this article, when made by an elector in the Armed Forces or Merchant Marine of the United States, or by persons serving with the American Red Cross, the Society of Friends, and the United Service Organizations who are attached to and serving with the Armed Forces of the United States, may be taken before any commissioned or noncommissioned officer not below the rank of Sergeant or Petty Officer in the Armed Forces of the United States, or any member of the Merchant Marine of the United States properly designated for such purpose, or any other person authorized to administer and attest oaths or affirmations; and whenever taken outside the State of Delaware, the authority of such person shall be conclusively presumed.
[Amended 12-15-2008 by Ord. No. 08-07]
Whoever willfully makes a false affidavit for voting or attempting to vote in any City of Harrington municipal election shall be guilty of perjury and shall be punished in accordance with the laws of the State of Delaware.