In order to be qualified to vote in any election in the Town, a person or entity shall be registered to vote and meet the qualifications established in the Charter and state law.
Persons desiring to register may do so in person at the Town Hall or by mail as provided in § 13-31. Registration forms shall require the person's full name, birth date, present residence address within the Town (including street address and box number, if applicable) and the date when such person commenced his/her residence within the Town. Persons claiming the right to vote as a record owner of real property in the Town but not identified as such on the Town's tax records shall submit proof of such record ownership, showing the date such ownership commenced. Registrants shall provide the Registrar with appropriate proofs as provided in § 13-28 hereafter. Registration is not complete until the application has been approved and accepted by the Registrar.
Persons may register, by mail or in person, during normal business hours of the Town on every day of every month of every year except Saturdays, Sundays and Town holidays; provided, however, that registration of qualified voters shall cease on June 30 for the annual election and 30 days preceeding any special election and recommence on the first hour of business on the next regular business day following the general or special election. If necessary for the performance of registration or for the convenience of the eligible voters of the Town, the Board of Elections may designate additional days, Saturdays, Sundays or holidays as registration days, provided that notice of registration is given in at least one newspaper published in Sussex County, Delaware, and having general circulation in Town, not less than four days before the additional registration days, and by posting a notice thereof in at least one public place in Town. Any person who has registered shall continue to be registered unless removed in accordance with the provisions of this article. No person shall be entitled to vote in any Town election unless such person is identified on the Town's tax records as an owner of record of real property in the Town or registered to vote under this article.
A. 
The Town Council shall appoint the Town Manager to be the Registrar, and he may appoint one or more Town employees as Assistant Registrars.
B. 
The Registrar shall be the custodian of the permanent registration records. Records may not be removed from Town Hall without the express permission of the Registrar. The Registrar shall also review and approve the applications for registration.
If any registered voter shall fail to meet any of the requirements established for registration by this article, he shall be disqualified and stricken from the registration books in the following manner:
A. 
Certification.
(1) 
The Town Registrar shall certify to the Town Council a list of those registered individuals who are deceased, who have failed to vote in the past five municipal elections or for any other reason failed to qualify as a voter of the Town according to this article or the Town Charter.
(2) 
It shall be the duty of the Board of Elections to keep the registration list up-to-date by identifying those persons who have failed to qualify as a voter of the Town and presenting such information to the Town Council as hereafter provided.
B. 
Method of striking. The list shall be presented to the Town Council at any regular meeting. The Town Council shall be vested with the responsibility of determining, by the most effective means available, those individuals who shall be stricken from the registration books.
C. 
Recording and filing of cancellation of registration:
(1) 
The Registrar shall record the action taken by the Town Council on the original registration record in the space provided for cancellation of registration. This recording shall include the date of cancellation, the reason for cancellation and the signature of the Registrar. Any person who is determined not qualified to vote will be notified within three working days after that determination and that person may then request an appearance before a regular meeting of the Town Council for an explanation concerning that determination.
(2) 
There shall be kept in alphabetical order an inventory of all registration forms which have been removed from the registration lists or which have been voided for clerical error during issuance. This record shall be maintained permanently.
A change of address or residence within the Town shall not disqualify any person as a voter in the Town of Fenwick Island. Such voter shall, upon proper identification at the polls, be permitted to fill out a change of address form and to vote if he is otherwise qualified.
Any registered voter who changes his or her name, by marriage or otherwise, and continues to qualify as a voter within the Town shall not be disqualified as a voter in the Town of Fenwick Island. Such voter shall, upon proper identification at the poll, be permitted to fill out a change of name form and to vote if he or she is otherwise qualified.
Any person seeking to register shall be required to present appropriate proof of identity (e.g., driver's license, social security card, draft card, or other similarly reliable proof of identification issued by a federal, state, county, or local government agency), and of residency (e.g., driver's license, signed lease) or record ownership of real property (e.g., copy of recorded deed showing the date such ownership commenced) within the Town, as appropriate. In the event any person seeking to register is unable to provide proof of identity, such person may submit, in lieu thereof, a signed and notarized affidavit stating that the person seeking to register is, in fact, the person identified on the registration form, shall set forth such person's social security number (which shall not be available as a public record), and such person's address.
The books of registered voters shall be of the same general type as those used by the County Board of Elections and shall be of a type which shall require the signature of the voter at the time of the registration of the voter.
The Town Council, members of the Election Board, the Registrar, assistant registrars, any candidate for Town election office or any registered voter may challenge the right to be registered of any person applying to be registered. Any challenger shall state the grounds of challenge, and the same shall be entered in the registration book. Upon challenge, if the applicant for registration shall then withdraw his application, the Registrar shall note in the registration book that the application has been voluntarily withdrawn. If the applicant does not withdraw his application, the Registrar shall, within five working days after said registration day, make a determination as to whether the challenge shall be sustained or rejected and shall cause an appropriate entry to be made in the registration book. If the challenge is sustained, the applicant shall be notified of his right to appeal the Registrar's decision to the Town Council at a regular meeting of the Board.
[Amended 1-23-2009]
Any person who is unable to register in person at the Town Hall shall be permitted to register by mail. To register by mail, a person shall request, either verbally, by mail or in writing, that an application be forwarded to a stated address. Within three working days of receipt of the request, the Registrar shall send the registration form and instructions to the person requesting to be registered. Forms shall provide spaces for obtaining the information outlined in § 13-22 above. The completed registration form must be received by the Registrar not later than 4:30 p.m. on July 8 for the annual election or the next business day if July 8 falls on a Saturday, Sunday or holiday. Completed registration forms for a special election shall be received by the Registrar no later than 4:30 p.m. on the business day preceding such election. Registration forms shall be accompanied by a photocopy of the appropriate proof of identity and of residency or property ownership within the Town.