[Adopted 1-6-1987 by Ord. No. 290]
Any qualified elector, duly registered, may cast his/her vote by absentee
ballot in any city election, if he/she is unable to appear at the polling
place in the city due to the following reasons:
A. Because such person is in the public service
of the United States or of this state;
B. Because such person is 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;
C. Because such person is unavoidably absent from
the city on the day of the election;
D. Because such person is sick or physically disabled;
E. Because such person is absent from the city
while on vacation; or
F. Because such person is unable to vote at a
certain time or on a certain day due to the tenets or teachings of his/her
religion.
Any elector who is qualified under §
78-1 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 election, request the Absentee Ballot Clerk for an official ballot to be voted at such election.
Upon receipt of a request from an elector, together with an affidavit if required by §
78-2, the Absentee Ballot Clerk shall mail to the elector, postage prepaid, an official ballot for the city enclosed in an official envelope along with a voucher envelope marked "voucher envelope," a copy of instructions to absentee voters and a mailing envelope marked "mailing envelope."
There shall be printed on the face of each voucher envelope an affidavit
in substantially the following form:
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"I do solemnly swear (affirm) that I am a bona fide resident of the
City of New Castle and will be a resident of the City on the date of the election
___________, 19___; that my voting address is
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Street address,—Road
New Castle, Delaware 19720
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"That I will be absent from the city on the day of election because
of being () In the public services 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 city, () Sick or physically disabled. For the
reason indicated, I cannot appear at the polling place in the city. 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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(Signed)
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Write name here
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Print name here
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"Subscribed and sworn (affirmed) before me this _______ day of ______________,
A.D. 19___; and I hereby certify that the affiant did in such manner that
I could not see his/her 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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(Signed)
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Notary Public; or other qualified person; state title
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A list of instructions to assist an absentee voter in properly marking
and returning his/her ballot shall be prepared by the Absentee Ballot Clerk
which shall be known as "instructions to absentee voter."
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 city and, after the voter
has enclosed the voucher containing the marked ballot in the mailing envelope,
he/she shall securely seal the mailing envelope and mail it, postage prepaid,
to the city, or if more convenient, it may be delivered to the city in person,
to be received in either case by the city before 12:00 noon of the day before
the election and not thereafter.
The absentee voter shall return his/her marked ballot enclosed in the
voucher envelope to the city before 12:00 noon of the day before election;
and any absentee ballot received by the city after 12:00 noon of the day before
election shall not be forwarded to the polls, but the city shall endorse on
the voucher envelope containing such ballot the time such was received and
shall retain all such envelopes unopened and so endorsed, with the election
returns.
Upon receipt of the mailing envelope from the absentee voter, the Absentee
Ballot Clerk shall open only the mail envelope and take therefrom the voucher
envelope containing the ballot of the absentee voter and shall deposit the
voucher envelope in the special envelope for the Board of Elections when all
ballots are received. When all ballots are received, on the day of the election,
they shall be placed in an envelope and turned over to the Board of Elections.
The election officers shall refuse to receive any absentee voter's
ballot from any person other than the Absentee Ballot Clerk.
The vote of any absentee voter may be challenged for the same causes and in the same manner as provided 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 §
78-2 is false.