(a)Â
A regular town of Elsmere election shall be held on the last Saturday
in April 2011 and on the last Saturday of April in each two years
thereafter. Council shall by ordinances set the hours during which
the polls shall be open. The Council shall designate the place or
places of election and make all necessary ordinance rules and regulations
not inconsistent with this Chapter, or with the general laws of the
State of Delaware for the conduct of elections, for the prevention
of fraud in elections and for the recount of ballots in case of doubt
or fraud. Unless otherwise specified in this Chapter, write-in votes
shall not be permitted in any town of Elsmere election.
(b)Â
At all such elections the voters shall be received at each polling
place by three qualified voters of the Town of Elsmere appointed by
the Council. One of the said persons for each polling place shall
be designated as the Inspector and the other two as Judges of the
election, and the three at each polling place shall be known as Election
Officers, and no such person shall be a candidate for office at any
such election. In addition to the Election Officers, there shall be
two clerks at each polling place. The clerks shall be appointed by
the Council and shall reside in the district for which they are appointed.
The result of the balloting at each polling place for said officers
of said Town shall be ascertained by the said Election Officers, who
shall certify said results under their hands to the Council. The Council
may appoint clerks to assist the officers of election.
(c)Â
The Inspector shall be the chief Election Officer in the polling
place.
(d)Â
The Inspector shall determine all challenges and all other issues
involving the conduct of the election at the polling place. The Board
of Elections may provide advice and guidance to the Election Officers.
(e)Â
Election Officers individually and collectively shall conduct elections
in a fair and equal manner.
(f)Â
Election Officers who violate the provisions of this Chapter shall
be removed forthwith by the Board of Elections.
(g)Â
In case of referenda or special elections, the same procedure shall
be followed to the extent applicable as with respect to the regular
elections, and the penalty for fraud and misconduct shall be the same.
(77 Del. Laws, c. 410, § 1, 7/15/10)
(a)Â
Every person domiciled in the Town of Elsmere who shall have reached
the age of 18 years of age, who is a citizen of the United States
who has registered as a voter with the Department of Elections for
New Castle County and who can prove the foregoing by proper identification,
shall be entitled to vote at all regular and special municipal elections
and referenda.
(b)Â
Since the town uses the State's voter Registration System as the
source of its list of registered voters, it must enter into a written
agreement with the Department of Elections that specifies the responsibilities
of each party registering voters, maintaining voter records, and providing
Election Day support.
(c)Â
Persons appearing to vote shall present proof of identity and address.
The identification shall be one or more of the following items that
individually or together show the identity and address of the person:
(1)Â
A current State of Delaware driver's license or ID card;
(2)Â
A uniformed service ID card;
(3)Â
Another current photo ID issued by the State of Delaware, U.S.
Government, the voter's employer, high school or higher education
institution;
(4)Â
A current utility bill, bank statement, credit card statement,
a paycheck or pay advice, or another type of bill or statement;
(5)Â
A lease or sales agreement; and/or
(6)Â
Any other documentation that a person can reasonably and commonly
accept as proof of identity and address.
(d)Â
Personal recognition by a majority of the Election Officers in the
polling place can attest to a voter's identity and address. (75 Del.
Laws, c. 187, 7/12/05; 77 Del. Laws, c. 410, § 1, 7/15/10)
Any qualified elector who is duly registered may vote by absentee
ballot in any Town of Elsmere election for any of the following reasons:
(1)Â
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.
(2)Â
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,
society of Friends, or United Service Organizations; or
(3)Â
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;
(4)Â
Because such person is sick or physically disabled;
(5)Â
Because such person is absent from the Town of Elsmere while on vacation;
(6)Â
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; or
(7)Â
Because such person is unavoidably absent from the Town on the day
of the election. (75 Del. Laws, c. 187, 7/12/05; 77 Del. Laws, c.
410, § 1, 7/15/10)