It is the purpose and intent of the Mayor and
Town Council in enacting this article to provide those qualified electors
of the Town of Fenwick Island who are unable to appear at a municipal
election to cast their ballots with the ability to cast a ballot to
be counted in the total for the municipal election.
Any person qualified under the provisions of
the Charter to vote by absentee ballot in any municipal election held
in the Town ("elector") may vote by absentee ballot for any reason
authorized by the Charter or ordinances and for any of the following
reasons:
A. Because such person 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; or
B. Because such person is in the Armed Forces of the
United States or the Merchant Marines 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; or
C. Because of the nature of such person's business or
occupation, including the business or occupation of 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; or
D. Because such person is sick or physically disabled;
or
E. Because such person is absent from the Town while
on vacation; or
F. Because such person is unable to vote at a certain
time or on a certain day due to the tenets or teachings of that person's
religion.
The procedure for completing an absentee ballot
and returning it to the Town is as follows:
A. An elector who receives an absentee ballot pursuant
to this chapter shall complete the ballot by marking it with the elector's
selections and shall place the completed ballot in the envelope marked
"BALLOT ENVELOPE."
B. The elector shall confirm that the information about
that elector on the ballot envelope is correct and then sign the self-administered
oath.
C. The elector shall then seal the ballot envelope.
D. The elector shall return the sealed ballot envelope
to the Town by:
(1) Depositing it in a United States postal mailbox, thereby
mailing it to the Town issuing the ballot; or
(2) Delivering it, or causing it to be delivered, to the
Town before the polls close on the day of the election.
At any time between the opening and the closing
of the polls on an election day, absentee election judges selected
by a Town's Board of Elections, shall count absentee ballots at a
properly noticed public meeting in the Town's offices or at the place
of the election, at the Town's discretion, in accordance with the
procedures set out below. Anything herein to the contrary notwithstanding,
at the discretion of the Town, the Board of Elections may itself act
as the absentee election judges.
A. The Town's Board of Elections shall appoint a sufficient
number of teams of absentee election judges, each consisting of an
odd number of electors, to open and tally the absentee ballots before
the close of the polls. The Board of Elections shall be responsible
for deciding all challenges and overseeing the process.
B. The Town shall provide a list of persons who have
returned absentee ballots for review by the public and challengers
at the meeting. Challenges must be made prior to the opening of the
ballot envelope for the voter being challenged.
C. If a person has challenged an absentee voter as provided in §
13-6D of this chapter, an absentee election judge shall give that person's ballot envelope to the Board of Elections who shall then hear the evidence and decide the challenge. If the Board of Elections upholds the challenge, the Chairperson shall write the word "CHALLENGED" on the ballot envelope, the reason for the challenge and then sign his/her name. When the challenge is denied, the ballot envelope shall be returned to the team to be opened and counted. The Board of Elections, after the close of the polls, shall seal the ballot envelopes for all voters who were successfully challenged in a carrier envelope along with a log sheet showing the serial number of the carrier envelope.
D. Where absentee ballots have been prepared for counting in advance of the opening of the polls in accordance with §
13-15 and are in a carrier envelope, the absentee election judges, upon opening a carrier envelope, shall verify that the serial number on the log sheet is the same as the serial number on the carrier envelope. If the numbers are not the same, the judges shall report the discrepancy to the Board of Elections and then follow the instructions of the Board regarding that carrier envelope. If there are no discrepancies or the discrepancy has been resolved, the team shall remove the ballots from the carrier envelope.
E. Where the ballots are in the ballot envelopes, a team
of absentee election judges shall:
(1) Check the ballot envelopes against the list of absentee
voters. The teams shall not process any ballot envelopes that the
Town has not listed as returned on the list of absentee voters until
the discrepancy has been resolved to the Board of Election's satisfaction.
(2) Reject ballot envelopes that the voter did not sign
or seal, or for a voter who is known to be dead. An absentee election
judge shall print the word "REJECTED" and the reason for the rejection
on the front of the ballot envelope, and then at least two of the
absentee elections judges shall initial beside the entry.
(3) Open each ballot envelope in such a manner as not
to deface or destroy the self-administered affidavit thereon or the
absentee ballot enclosed and then remove the ballot in such manner
as to avoid seeing the markings thereon from the ballot envelope.
If there is no ballot in the ballot envelope or if there is more than
one ballot in a ballot envelope, an absentee election judge shall
write the word "REJECTED" and the reason for the rejection on the
front of the ballot envelope and then at least two absentee elections
judges shall initial beside the entries. In the case where there was
more than one ballot in a ballot envelope, the team shall put the
ballots back into the ballot envelope.
(4) Once an absentee ballot judge has removed a ballot
from a ballot envelope, he/she shall put it face down on the table
without examining it. The team shall open ballot envelopes until they
have a sufficient number of ballots and ballot envelopes to fill a
carrier envelope, create a predetermined batch, or they have opened
all of the ballot envelopes for a municipal election district or the
election, whichever occurs first. The team shall then shuffle the
ballots and then proceed to tally the votes for that group of ballots.
F. The team of absentee election judges shall then tally
the votes for a group of ballots on absentee vote tally sheets with
one person reading the votes and two others tallying the votes on
separate absentee vote tally sheets. Once the team has tallied a group
of ballots, they shall verify that the results on both absentee vote
tally sheet are the same. If the results are not the same, the team
shall re-tally the votes until the result is the same. During the
tally process, the team shall:
(1) Attempt to determine the voter's intent pursuant to
15 Del. C. § 4972 in the event that a voter did not mark
the ballot as instructed; and
(2) Tally votes for write-in candidates on the absentee
vote tally sheets if the Town's Charter or Code permits write-in votes.
G. Once a team has tallied the absentee votes for a group
of ballots, the members shall sign both copies of the absentee vote
tally sheet and then put the voted ballots, rejected ballots, ballot
envelopes, and one copy of the absentee vote tally sheet into a carrier
envelope. The team shall then complete the log sheet showing the serial
number of the carrier envelope, put the log sheet into the carrier
envelope and then seal the carrier envelope. The team shall then give
the carrier envelope and the second copy of the absentee vote tally
sheet to the Board of Elections.
H. Upon receipt of a carrier envelope and the second
copy of the absentee vote tally sheet for that carrier envelope, the
Board of Elections shall:
(1) Put the carrier envelope in a secure location until
such time it is needed for a recount, legal action, or is to be destroyed
as provided in this chapter; and
(2) Record the results from the absentee vote tally sheet
onto a master absentee vote tally sheet for the election. After the
Board of Elections has received all of the absentee vote tally sheets
and has entered the results for each candidate on the master absentee
vote tally sheet, the Board shall total the votes for each candidate
and then, after the polls have closed, enter the results on the Vote
Tabulation for the election. The Board of Elections shall then seal
the absentee vote tally sheet(s) in a carrier envelope along with
a log sheet showing the serial number of the carrier envelope.
I. Ballot envelopes received after the ballots have been
counted or the ballots for a specific municipal election district
have been counted shall be opened and tallied in accordance with the
above procedure except that they all shall be sealed in one or more
carrier envelopes, as necessary, after the polls have closed.
J. The teams shall repeat the above process as many times
as necessary in order to count the absentee ballots.
K. Anything herein to the contrary notwithstanding, when
the number of absentee ballots returned to the Town is less than five,
the Town may develop a counting procedure protective of the secrecy
of the ballot.
Notwithstanding any other provision of this chapter, the Board of Election may open absentee ballot envelopes in a public meeting in order to prepare them to be counted. Such meeting shall take place, upon proper notice, at any time between 8:00 a.m. of the day prior to the election and up to one hour before the polls are scheduled to open. The Town shall notify each candidate on the ballot that they may have challengers at the meeting during which the Board of Election opens the absentee ballots. At such meeting, the Board of Elections shall act in accordance with the same procedures as set out in §
13-15, Subsections
A,
B,
C, and
E(1) through
(4) inclusive, with the exception that the absentee ballot judges shall not proceed to tally the votes for any group of ballots but shall then secure such ballots, ballot envelopes, and any rejected ballot envelopes in a carrier envelope along with the log sheet showing the serial number of the log sheet. The absentee ballot judges shall then seal the carrier envelope(s) and deliver it/them to the Board of Elections. The Board of Elections shall then secure the carrier envelope(s) in locked cabinets until opened at a subsequent public meeting to tally the ballots on the day of the election in accordance with §
13-15D through
K.