This article shall provide that those qualified voters of a
proposed sanitary sewer and/or water district established, or being
established, pursuant to Chapter 65, Title 9, of the Delaware Code,
who shall be unable to appear to cast their ballots at the polling
place at any such election may be able to cast such a ballot to be
counted in the district, if such a privilege has been granted to them
herein.
Any qualified voter of the sanitary sewer and/or water district
may cast his vote by absentee ballot if he or she is unable to appear
at the designated polling place or places due to the reasons stated
in Delaware Code, Title 15 § 5502.
A.
Any voter desiring to receive an absentee ballot because he qualifies
under any of the reasons set forth in § 5502 (4, 5 or 6)[1] shall file an affidavit with the Sussex County Engineering
Department, subscribed and sworn to by him/her before an officer authorized
by law to administer oaths. The affidavit shall be dated not more
than 90 days prior to the day of the election. It shall state the
reason why he or she cannot appear at the designated polling place
on the day of the election, his or her birthdate, social security
number and expected location, including address and telephone number
(if available) to be used for the purpose of challenge on election
day. The Engineering Department shall mail or deliver the official
ballot, envelope and instructions to the voter as soon as possible
after receiving the affidavit.
[1]
Editor's Note: See 15 Del. C. § 5502(4), (5) or
(6).
B.
Any voter desiring to receive an absentee ballot because he qualifies
under any of the reasons set forth in § 5502 (1, 7 or 8)[2] may execute an affidavit sworn to by the voter, under
penalty of perjury, to be filed with the Sussex County Engineering
Department. The affidavit shall be dated during the calendar year
in which the election is to be held. It shall state the reason why
he or she cannot appear at the designated polling place for the election
on the day of the election, his or her birthdate, social security
number and expected location, including address and telephone number
(if available) to be used for the purpose of challenge on election
day. The Sussex County Engineering Department may hold an affidavit
dated more than 90 days prior to an election until 90 days prior to
the election, and shall mail the official ballot, envelopes and instructions
to the voter as soon as possible thereafter.
[2]
Editor's Note: See 15 Del. C. § 5502(1), (7) or
(8).
A.
Each affidavit submitted shall conform to the requirements of Delaware
Code Title 15 § 5503.
B.
Any voter who receives an absentee ballot because he/she qualifies
under Delaware Code § 5502 (1, 7 or 8)[1] may subscribe to and swear a self-administered oath, under
penalty of perjury, affirming that he/she was not solicited or advised
to vote for or against the question presented.
[1]
Editor's Note: See 15 Del. C. § 5502(1), (7) or
(8).
Each absentee ballot shall be in substantially the following
form:
|
For sanitary sewer/water district
|
 |
|
Against sanitary sewer/water district
|
|
A.
The absentee voter shall return his marked ballot to the Sussex County
Engineering Department, before 12:00 noon of the day before the election,
and any absentee ballot received by the Sussex County Engineering
Department, after 12:00 noon of the day before the election shall
not be counted, but the Engineering Department shall endorse on the
ballot the time such was received and shall retain all such ballots
for one year following the date of the election, and longer if directed
to do so by Delaware Department of Election.
B.
The deadline for absentee ballot returns shall be noted on the official
referendum notice required under Chapter 65, Title 9, of the Delaware
Code.
C.
Affidavits may be sent via email at the discretion of the Engineer
to meet time requirements. However, an executed original affidavit
must be returned with the ballot. If voter is deemed ineligible to
vote upon receipt of the affidavit, the Engineering Department shall
endorse on the ballot the time such was received and shall retain
all such ballots for one year following the date of the election,
or longer if directed to do so by the Delaware Department of Election.
Upon receipt of the official envelope from the absentee voter,
the Engineer shall forthwith enclose the sealed ballot as received
and unopened in a secure location and shall place his or her written
signature on the official envelope, together with the date and time
of receipt. The Engineer, or his designee, on the day of the election
after closing of the polls, shall open the sealed ballots and shall
record the vote of the absentee voter.
The Engineer shall cause to be provided a register of absentee
voters. From the register, a list of names and addresses of all applicants
for absentee ballots shall be compiled and shall be made available.
Whoever willfully files a false affidavit under the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $50 nor more than
$200 or imprisoned for a period of not more than 30 days, or both,
and shall pay the costs of prosecution.
