Any qualified voter of the Town of Dagsboro
may cast his vote by absentee ballot in any municipal election held
under the provisions of Section 7 of the Charter, such votes to be
counted in the total for the municipal election if he is unable to
appear at the polling place because of being:
A. In the public service of the United States or of this
state; or
B. 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, Society of
Friends or United Service Organizations; or
C. Unavoidably absent from the Town on the day of the
municipal election; or
D. Sick or physically disabled; or
E. Because of his absence from the municipality while
on vacation.
Any voter who is qualified under §
267-1 of this chapter to vote by absentee ballot and who desires to do so shall, not later than 12:00 noon of the day prior to any such municipal election, request the Town Council for an official ballot to be voted at such election.
Upon receipt of a request from a voter, together with an affidavit if required by §
267-2 of this chapter, the Council, not more than 60 or less than 3 days prior to a municipal election and within 3 days after the ballots, envelopes and instructions for absentee voters become available, as provided by the general election law, shall mail to the voter, postage prepaid, an official ballot for the municipal election enclosed in an official envelope along with a voucher envelope marked "voucher envelope," an envelope marked "mailing envelope." Nothing contained in this chapter shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon of the day prior to any municipal election when the request is made less than 3 days prior to the municipal election.
There shall be printed on the face of each voucher
envelope an affidavit in substantially the following form:
"I do solemnly swear (affirm) that I will be
absent from the Town of Dagsboro on the day of election because of
being: ( ) In the public service of the United States or
this state, ( ) 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,
Society of Friends or the United Service Organization, ( )
Unavoidably absent from the municipality, ( ) Sick or physically
disabled, ( ) Absent while on vacation. For the reason
indicated, I cannot appear at the polling place in the municipality
in which I am a qualified voter. I further swear (affirm) that I marked
my ballot in secret.
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"I, .... do solemnly swear (or affirm) that
I have not received or accepted, or offered, to receive or accept,
paid or transferred or delivered, or offered or promised to pay, transfer
or deliver or contributed or offered or promised to contribute to
another to be paid or used any money or other valuable thing as compensation,
inducement or reward for the registering or abstaining from registering
of anyone qualified to register or for the giving or withholding a
vote at this election.
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Print name.
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"Subscribed and sworn (affirmed) before me this
_____ day of __________, A.D. 20_____; and I hereby certify that the
affiant did in such manner that I could not see his ballot mark such
ballot and that the affiant was not solicited or advised by me to
vote for or against any candidate.
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Notary Public or other qualified person; state
title."
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The Mayor shall prepare a list of instructions
to assist an absentee voter in properly marking and returning his
ballot under the provisions of this chapter which shall be known as
"instructions to absentee voter." Before each municipal election the
Mayor shall deliver a copy thereof to the Council in sufficient time
for the Council to have such instructions printed and forwarded to
absentee voters requesting an official ballot for the ensuing municipal
election.
The absentee voter shall make and subscribe
to the affidavit printed on the voucher envelope, 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 such
ballot but in such 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 Town Council
and after the voter has enclosed the voucher envelope containing the
marked ballot in the mailing envelope, he shall securely seal the
mailing envelope and mail it, postage prepaid, to the Town Council
of the Town of Dagsboro, or if more convenient, it may be delivered
to the Town Council in person, to be received in either case, by the
Town Council before 12:00 noon of the day before the election and
not thereafter.
The absentee voter shall return his marked ballot
enclosed in the voucher envelope to the Town Council of the Town of
Dagsboro before 12:00 noon of the day before election; and any absentee
ballot received by the Council after 12:00 noon of the day before
election shall not be forwarded to the polls, but the Council shall
endorse on the voucher envelope containing such ballot the time such
was received and shall retain all such envelopes unopened and so endorsed
until the last day of February next after the election, and longer
if directed to do so by proper authority.
Before the absentee ballots are conveyed to
the polling place, the Council shall securely seal all absentee ballots
in one or more carrier envelopes which shall have printed thereon
the following:
ABSENTEE BALLOT
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for the
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Municipal Election of the Town of Dagsboro
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This carrier envelope contains absentee voter
ballots and shall be opened only at the polls of said municipal election
on election day while said polls are open. This carrier envelope and
the enclosed voucher envelope(s) shall be preserved by the Board of
Election and at the close of the count, shall be placed in the ballot
box, into which the ballots have been put when read, and returned
therewith.
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When an absentee voter's ballot is received by the Council, the voucher envelope containing the marked ballot shall be safely and securely kept in the Town office until the day of the election when it shall be delivered to the polling place. A duly authorized representative of the Council shall deliver all such voucher envelopes, sealed in one or more carrier envelopes as set forth in §
267-11 of this chapter, to the Board of Election at the polling place after the opening of the polls and at least two hours before the closing of the polls. The representative, who shall carry suitable identification provided by the Council, shall obtain a receipt form the Board of Elections for delivery of the absentee ballots.
The Board of Elections shall refuse to receive
any absentee voter's ballot from any person other than a duly authorized
representative of the Council.
The vote of any absentee voter may be challenged for the same causes and in the same manner as provided in the Charter for other voters. In addition, the vote of an absentee voter may be challenged on the ground that the affidavit filed by the voter in compliance with §
267-2 of this chapter is false. Upon challenge, proceedings thereon shall be as provided elsewhere in this Charter.
If any request for an absentee ballot and accompanying
envelopes or any marked ballot of any such voter are addressed to
and returned to any official of the Town of Dagsboro other than the
Town Council, then such other official shall immediately transmit
such request or returned marked ballot to the Town Council, to be
acted upon the Council as provided by this chapter.