[HISTORY: Adopted by the Commissioners of the Town of Dewey
Beach 4-6-2013 by Ord. No. 706.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 48,
Voter Registration and Voting, adopted 5-14-2005 by Ord. No. 537,
as amended.
A.
Persons who will be at least 18 years of age on the date of the next
municipal election and who meet the remaining voter qualifications
set forth in the Charter of the Town of Dewey Beach shall be eligible
to vote.
B.
Voters in municipal elections must be registered in accordance with
the provisions of this chapter on or before the 30th day prior to
any scheduled municipal election in order to vote in the following
elections.
[Amended 4-8-2017 by Ord.
No. 738]
C.
Persons who properly registered or voted in previous municipal elections
shall be identified on the registration rolls for successive elections,
provided eligibility status of the voter does not change. Once registered,
a person shall not be required to reregister, provided that person's
eligibility status does not change.
A.
Persons
may register, by mail or in person, during Town Hall's normal
business hours on every day of every month of the year, except Saturdays,
Sundays, and Town holidays; provided, however, that registration of
qualified voters shall cease on the 30th day prior to any scheduled
municipal election and recommence on the first hour of business on
the next regular business day following the election. The Board of
Elections may designate additional days for registration, provided
that notice is given in at least one newspaper published in Sussex
County, Delaware, and having a general circulation in the Town, not
less than 10 days before the additional registration days, and by
posting a notice thereof at Town Hall, the Lifesaving Station, and
on the Town website.
[Amended 4-8-2017 by Ord.
No. 738]
B.
Persons may register by submitting the required information in person at Town Hall or by mail as provided in § 48-2C below. Registration application forms shall require the person's full name, date of birth, present mailing address, telephone number, e-mail address, Dewey Beach address(es) and signature. Applicants shall present accepted proofs of qualification to register provided in § 48-2D below. Disclosure of telephone numbers and e-mail addresses is voluntary. Telephone numbers and e-mail addresses shall be used only for official Town business and shall not be disseminated on lists of registered voters or in any other manner.
C.
Registration by mail shall be permitted as set forth herein. To register by mail, a person may request a registration application form from Town Hall or access the form and related instructions from the Town's website. The registration application form shall provide spaces for obtaining the information specified in § 48-2B above. Completed registration forms accompanied by a photocopy of valid proof of identity, age, and basis for qualifying to register to vote must be received by the Registrar on or before the 30th day prior to any scheduled election. Registration is not complete until the application has been approved and accepted by the Registrar. Applicants will be contacted for additional information, if necessary, and will be notified when registration is completed.
[Amended 4-8-2017 by Ord.
No. 738]
D.
To
register to vote, a person must meet one or more of the following
class qualifications:
(1)
A bona fide resident and domiciliary of the Town supplying two proofs
of residency, such as a current and valid photo ID indicating a Dewey
Beach address, a copy of a current utility bill, bank statement, government
check, paycheck or other government document indicating a Dewey Beach
address and identifying the resident by name.
(2)
A current owner of real property located within the Town whose name
has been identified as such in the Sussex County tax rolls prior to
July 16, 2013, or who provides a copy of the recorded deed for the
property or other evidence of Sussex County property records to prove
property ownership.
(3)
A holder of a valid recorded lease for a term of five years or more
on real property located within the Town who provides a copy of the
portions of the lease that identify the parties to the lease and the
effective and termination dates of the lease.
(4)
A holder of a valid recorded trust to which real property that is
located within the Town has been conveyed who provides a copy of the
portions of the trust document identifying the settlor(s)/creator(s)
and the trustee(s) of the trust.
E.
For
purposes of this chapter, the term "recorded" shall mean that the
document has been recorded in the office of the Recorder of Deeds
in and for Sussex County, Delaware.
Registration shall be denied to any person to whom a transfer
of property is made or to whom a lease is executed for the sole and
limited purpose of qualifying the person to vote.
The Board of Elections, as described in the Charter of the Town of Dewey Beach, Section 6, shall be responsible for voter registration. Members of the Board of Elections shall oversee the registration and shall determine the eligibility of the voters and the authenticity and validity of the documentation provided at the time of registration.
A.
Any member of the Board of Elections, any candidate for Town Commissioner
election, or any registered voter may challenge the right to be registered
of any person applying to be registered.
B.
Upon challenge, the Board shall convene to adjudicate the matter
within three business days following receipt of the challenge. The
majority decision of the Board shall determine the eligibility of
the applicant voter. The applicant voter shall be notified of the
decision of the Board by written notification postmarked or delivered
within three business days of the Board's decision. If the challenge
is sustained by the Board, the applicant voter shall have three business
days to postmark or deliver a written appeal of the Board's determination
to the Town Manager for a hearing before the Town Commissioners at
the next regularly scheduled Commissioners' meeting.
A.
The Town Council shall appoint the Town Manager to be the Registrar
and he or she may appoint one or more Town employees as Assistant
Registrars.
B.
The Registrar shall be the custodian of 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, acting under the oversight of the Board
of Elections. The registration records, with the exception of dates
of birth, telephone numbers and e-mail addresses, shall be open to
inspection without fee during normal business hours by appointment
with the Registrar. Electronic and paper copies of the unrestricted
portions of the registration records may be obtained from the Registrar
upon filing a written request.
In addition to the reasons authorizing a person to vote by absentee
ballot as set forth in the Delaware Code, eligible voters shall be
authorized to vote by absentee ballot if they have plans that make
them unavailable to vote in person on the date of the election.
