The Town shall hold annual municipal elections for the offices of Commissioners as established by the Charter of the Town and following the procedures established in the Charter, state law, 15 Del. C, Ch. 75, Subchapter IV, § 7501 et seq., and this chapter.
Voting machines obtained through the State of
Delaware Department of Elections shall be used. The Town shall contract
with the Department of Elections to conduct elections.
A.
A notice of solicitation of candidates shall be posted
within the Town no later than 20 days prior to the filing deadline
for the offices up for election and shall include the term(s) of each
office up for election, the deadline and procedure for declaring candidacy
for an office up for election and the qualifications for holding each
office.
B.
A notice of election shall be posted within the Town
no later than 20 days prior to the date of the election and shall
include: the date, time and location of the election; the candidates
for each office on the ballot; and the qualifications to vote in the
election.
C.
Deadlines falling on a Saturday, Sunday or holiday
in the Town shall be extended to the next day that is not a Saturday,
Sunday or holiday, which deadlines shall be no earlier than 4:30 p.m.
A.
Not later than 60 days prior to the election, the
Mayor shall appoint, with the concurrence of the Town Council, a Board
of Election consisting of an Inspector and two judges who shall be
qualified voters in the Town and who shall not be an elected official
or an immediate family member of an elected official.
B.
The term of the Board of Election shall be one year.
C.
Upon confirmation, the appointed members of the Board
of Election shall swear or affirm the following oath orally and in
writing:
"I, __________, do solemnly swear (or affirm)
that I will support the Constitution of the United States and the
Constitution of the State of Delaware, and that I will faithfully
discharge the duties as a member of the Board of Election for the
Town of Henlopen Acres by ensuring that elections within the Town
are conducted fairly, impartially and in accordance with the Delaware
Code, Town charter and ordinances, to the best of my ability.
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D.
The names of the Board of Election shall be posted
within the Town and shall be forwarded to the Department of Elections.
E.
The Board of Election shall hear any complaints regarding
any aspect of pre-election activity that is contrary to this ordinance,
the Charter or applicable state law using the procedure established
in 15 Del. C. § 7552, as it may be amended from time to
time.
Pursuant to 15 Del. C. § 7555, candidates shall file a certificate of intention or a statement of organization establishing a campaign committee with the Delaware Department of Elections no later than seven days after filing a notice of candidacy/declaration of candidacy with the Town (Charter § C-6B).
A.
Election officers. The Commissioners shall appoint
election officers, who may also be members of the Board of Election,
in sufficient number to conduct the election with the Board of Election.
The Inspector shall be chief election officer in the polling place.
The Inspector shall determine all challenges and all other issues
involving the conduct of the election at the polling place. The Board
of Election may provide advice and guidance to the election officers.
The Board of Election may remove election officers who violate the
provisions of this chapter, the Charter or state law.
B.
Conduct of the election. Only the persons authorized
by 15 Del. C. § 7558(b) may be in the polling place and
voting room.
C.
Electioneering practices. 15 Del. C. § 4942
applies to such practices.
D.
Challenges and challengers.
(1)
Each candidate on the ballot may appoint and accredit
one or more suitable persons as challengers. One challenger at a time
for each candidate may be present inside the polling place to observe
the conduct of the election and all election records. Challengers
may be changed and their places filled in like manner during the day.
Each challenger shall present to the Inspector an authorization from
his/her candidate for that election. Each candidate may have additional
challengers present equal to the number of election machines being
utilized.
(2)
The Inspector shall issue each challenger a badge
which shall be worn while in the polling place. If the challenger
leaves the polling place, the challenger shall surrender the badge
to the Inspector.
(3)
Challengers may act as peace officers with the same
powers of preserving the peace as election officers; however, challengers
may be ejected by the Inspector for persisting in objectionable behavior.
(4)
Any person legally in the polling place may challenge
any voter for identity, address or bribery. The Inspector shall hear
each challenge before the person being challenged enters a voting
machine. Once the Inspector decides the challenge, the matter is decided
and the challenged person will be either permitted to vote or not
permitted to vote and to leave the polling place immediately. However,
a person challenged for bribery may take and subscribe to the oath
as provided in 15 Del. C. § 4940 and be permitted to vote.
E.
Voting machines; supplies; certification. The Department
of Elections shall prepare the voting machines for the election and
supervise the preparation and certification of the machines with two
members of the Board of Election.
F.
Oath of office for the Inspector and any other appointed
election officer, including the Board of Election, if acting as election
officers, shall be as set out in 15 Del. C. § 7558(f), as
follows:
"I do solemnly swear (or affirm) that in the
election to be held on the _____ day of __________, A.D. 20_____,
I will not knowingly or willfully receive or consent to the receiving
of the vote of any person who is not a citizen, and also that I will
not receive or consent to the receiving of the vote of any person
whom I shall believe not entitled to vote, unless my associates shall
adjudge such person to be entitled to vote. That I will not receive
or reject, nor concur in receiving or rejecting any vote through partiality
or under bias, and that I will determine every matter that shall come
before me and perform every act and duty by law required of me, touching
the election, truly, faithfully and impartially, according to the
best of my skill and judgment; that I have not received, nor will
I receive directly or indirectly from or through any candidate to
be voted for at such election, or any other person, any money, pay,
or other valuable thing or reward; that I have not been promised,
or in any manner been led to believe that I will at any time directly
or indirectly receive any money, pay or other valuable thing or reward
from such candidate or other person other than that provided by law
and if I shall discover any partiality, unfairness or corruption in
the conduct of the election, I shall disclose the same to the Board
of Elections that is conducting the election and to the Attorney General
to the end that the subject may be investigated, so help me God (or
so I solemnly affirm).
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G.
Preparation of polling place. The election officers
shall arrive at least one hour prior to the opening of the polls,
prepare the polling place, post signs, and certify with the Department
of Elections the voting machines, all as provided in 15 Del. C. § 7558(i).
H.
Voting procedure.
(1)
A person shall show proof of identity and address
which the election officers shall check against the Town's voter or
registration books. Once verified as a qualified voter, the person
shall sign the voter log and be directed to the voting machine. If
the person is challenged, the Inspector shall determine whether the
person is qualified to vote. The Inspector's determination is final
and there is no appeal at the polling place.
(2)
If a person has voted by absentee ballot, that person
shall not be permitted to vote at the polling place. The Town shall
provide to the Board of Election and election officials the list of
persons who have returned absentee ballots prior to the opening of
the polls. Any person who returns an absentee ballot while the polling
place is open shall not be permitted to vote in person but the absentee
ballot shall be included with other absentee ballots.
I.
At close of polls. The Inspector shall announce the
closing of the polls 30 minutes prior to such closing and at the closing
time. Any person in line at the time the polls closed shall be permitted
to vote.
J.
Election results.
(1)
The election officials shall, with the representative
of the Department of Elections, remove the cartridges and tapes from
each voting machine, record the protective counter and seal numbers
on the Voting Machine Certificate, closing the voting machines, complete
the vote tabulation for the election, and post a copy of the results
tape from each voting machine on the door of the polling place. The
election officials shall deliver all election documents to the Board
of Election, which shall secure the documents until such time that
they need to canvass the election.
(2)
The Board of Election shall announce the results of
an election as soon as possible following the close of the polls.
(3)
Election contests are subject to 15 Del. C. §§ 5941
through 5955.
K.
A person certified by the Board of Election as being
elected shall not take office before the seventh day following the
election.
A.
Whoever willfully makes a false absentee statement
shall be guilty of perjury and shall be punished as in such case by
law provided.
[Amended 1-12-2018]
B.
Whoever, other than the Board of Election on the day
of the municipal election at the polls, opens or attempts to open
any sealed voucher or carrier envelope; or whoever prints or causes
to be printed any envelope identical or purportedly similar to the
voucher envelope or either carrier envelope, other than the printing
of such envelopes by the official printer selected by the Commissioners
for the printing of such envelopes pursuant to the provisions of this
section; or whoever aids or abets, or attempts to aid or abet, any
fraud in connection with any vote cast, or to be cast, under this
article shall be imprisoned not less than 15 days nor more than 30
days.
C.
Whoever fraudulently signs the name of a voter to
the absentee statement on any voucher envelope shall be guilty of
forgery and shall be punished for such crime as by law provided.
[Amended 1-12-2018]
D.
Whoever, being an elected officer or public official,
knowingly violates this section and thereby aids in any way the illegal
casting of a vote, or attempting to cast a vote; or connives to nullify
any provision of this section, in order that fraud may be perpetrated
shall be fined not less than $50 nor more than $100 and imprisoned
not less than 15 days nor more than 30 days.
E.
Whoever, in any way in voting or attempting to vote
himself, or any other person pursuant to the provisions of this article
who violates any of the provisions enacted to secure secrecy and the
independence of the voter, preserve the freedom and purity of elections
and prevent fraud, corruption and intimidation, shall be punished
as provided by law.