Delaware Statutes § 3166 Illegal election conduct; general penalties

Statute Text

(a) Whoever, at any primary election:

(1) Falsely personates any elector or other person and votes or attempts to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not that person's own; or

(2) Knowingly, wilfully or fraudulently votes more than once for any candidate for the same office; or

(3) Votes in any other primary election district than the 1 in which that person is a bona fide resident; or

(4) Votes or attempts to vote more than 1 ballot at any primary election district; or

(5) Solicits from any candidate or from any other person or receives, directly or indirectly from such candidate or from any other person, any money, or promise of place or position, or any valuable consideration of any kind, for that person's vote or support; or

(6) Not being entitled thereto, votes or attempts or offers to vote in any primary election district; or

(7) Having once voted, attempts or offers to vote again; or

(8) Knowingly, wilfully or fraudulently does any unlawful act to secure opportunity for himself or herself or for any other person to vote; or

(9) By force, threat, menace, intimidation, bribery or reward or offer to or promise thereof, or otherwise unlawfully either directly or indirectly, influences or attempts to influence any elector in giving that person's vote; or

(10) Promises any place or position for the purpose of securing any voter's support; or

(11) Prevents or hinders or attempts to prevent or hinder any qualified voter from freely exercising the rights of suffrage; or

(12) By any such means induces or attempts to induce any such voter to refuse to exercise any such right; or

(13) By any such means or otherwise compels or induces or attempts to compel or induce any inspector of any primary election or other officer of any primary election to receive the vote of any person not legally qualified or entitled to vote at the primary election in such district; or

(14) Knowingly, wilfully or fraudulently interferes with, delays or hinders in any manner any inspector of any primary election, clerk or other officer of such election in the discharge of such officer's duty; or

(15) By any such means or other unlawful means, knowingly, wilfully or fraudulently counsels, advises, induces or attempts to induce any inspector of any primary election, clerk or other officer of any primary election, whose duty it is to ascertain, proclaim, announce or declare the result of any such primary election or to give or make any certificate, document, report, return or other evidence in relation thereto, to refuse or neglect to comply with such officer's duty or to violate any law regulating the same, or to receive the vote of any person in any primary election district not entitled to vote therein or to refuse to receive the vote of any person entitled to vote therein; or

(16) Aids, counsels or advises, procures or assists any voter, person or inspector of any primary election or other officer of such primary election to do any act by law forbidden, or in this chapter constituted an offense, or to omit to do any act by law directed to be done;

shall, when not in this chapter otherwise particularly specified, for each offense be fined not more than $200 or imprisoned not more than 2 years, or both.

(b) Whoever votes at the primary election of more than 1 political party before any 1 general election shall be punished as provided in subsection (a) of this section.

(c) Any act or deed declared an offense by the general laws of this State concerning elections and not in this section particularly mentioned shall also be an offense in all primary elections, and shall be punished in the same form and manner as is provided for the punishment of similar offenses by the general laws; and all the penalties and provisions of the general laws shall apply in such case with equal force and shall be as effective as though fully set out in this chapter.

History

20 Del. Laws, c. 393, § 22; 27 Del. Laws, c. 66, § 1; Code 1915, § 1696; Code 1935, § 1784; 15 Del. C. 1953, § 3168; 70 Del. Laws, c. 186 , § 1 .;

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