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Delaware Statutes § 4940 Disqualification because of bribery; determination of challenge

⤴ Up to Subchapter II: Regulations Governing Conduct of Elections During Hours of Voting

Statute Text

(a) No person who receives or accepts or offers to receive or accept, or
pays, transfers or delivers, or offers or promises to pay, transfer or
deliver, or contributes or offers or promises to contribute to another to be
paid or used, any money or other valuable thing as a compensation, inducement
or reward for the registering or abstaining from registering of any one
qualified to register or for giving or withholding or in any manner
influencing the giving or withholding a vote at any general election in this
State, shall vote at such election unless such person being challenged for any
of said causes takes and subscribes to the following oath or affirmation,
which shall be administered by the inspector:
"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 any one qualified to register, or for the
giving or withholding a vote at this election.
Signed ....................
Sworn and subscribed to before me this .... day of November, A. D........
....................................... Inspector."
(b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section, shall be competent evidence in any proceeding against the party making the same.
(c) In order to enable the election officers to carry into effect this section, the [department of each county] Department shall cause to be prepared not less than 15 blank forms of the oath or affirmation provided for in this section and shall cause said oaths to be delivered to each inspector in each of the election districts of that inspector's county at the time provided in § 4509 of this title.

History

Amended by Laws 2013 , ch. 275 , s 77 , eff. 7/1/2015 .

21 Del. Laws, c. 38, § 19; Code 1915, § 1773; 34 Del. Laws, c. 111, § 2; Code 1935, § 1862; 15 Del. C. 1953, § 4946; 55 Del. Laws, c. 67; 70 Del. Laws, c. 186 , § 1 .;

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