Delaware Statutes § 1303 Confidentiality of addresses
Statute Text
(a)
A person may petition the Superior Court for an order to have that person's own address, which is required to be placed on voter application, registration or transfer records, kept confidential upon a showing of a legitimate need and lawful purpose. A person's participation in Department of Justice's Address Confidentiality Program shall constitute a legitimate need and lawful purpose for the purposes of this section. Upon submission to the State Election Commissioner and department of elections for the county in which the voter seeks to register of a certified copy of the court order granting confidentiality, the person's address shall be removed from all voter records available for public inspection, as long as the submission is not 21 days prior to an election, in which case the person's address shall be removed from the voter records within 7 days after the election.
(b)
Following submission of the court order, the person's address may not be made available for public inspection or copying, except under the following circumstances:
(1)
If requested, to a law enforcement agency; or
(2)
If directed by a court order, to a person identified in the order.
Within 3 days of the date of any disclosure of a confidential address under paragraph (b)(2) of this section, the State Election Commissioner shall give to the person whose address was disclosed written notification of the disclosure, the name of the person to whom the information was disclosed and the reason for the disclosure. The Commissioner may attach a copy of the court order to satisfy these requirements. A person to whom disclosure is made under paragraph (b)(2) of this section shall sign a statement agreeing to keep such information confidential.
(c)
Any address rendered confidential pursuant to this section shall remain confidential for as long as the Court shall order.
(d)
Unlawful acts and penalties. --
(1)
Procurement for unlawful purposes. -- It shall be unlawful for any person knowingly to obtain or disclose any address from voter records that is rendered confidential for any use not permitted under this section.
(2)
False representation. -- It shall be unlawful for any person to make false representation to obtain from voter records a person's address that has been rendered confidential under this section.
(3)
Penalties. -- Any person requesting the disclosure of personal information from voter registration records who misrepresents the person's identity or knowingly makes a false statement in order to obtain restricted information or who knowingly violates any other provision of this chapter shall be guilty of a class A misdemeanor.
(e)
The State's election officials shall use e-mail addresses obtained through registration and absentee voting activities for official business only; these addresses shall not be subject to Freedom of Information requests and shall not be disseminated outside of the Departments of Elections on lists of registered voters or in any other manner.
History
70 Del. Laws, c. 512 , § 1 ; 70 Del. Laws, c. 186 , § 1 ; 77 Del. Laws, c. 227 , § 2 ; 77 Del. Laws, c. 269 , § 1 ; 78 Del. Laws, c. 28 , § 2 .;
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