Delaware Statutes § 5503 Request for ballot; statements for absentee ballots; delivery of absentee ballots

Statute Text

(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the Department by filing a handwritten or electronically prepared statement with the [department] Department no later than 12:00 noon the day before the election.

(b) [An affidavit] A statement may be filed pursuant to this section by mailing it, delivering it, or causing it to be delivered to the Department.

(d) [Affidavits] Statements filed pursuant to this section shall:

(1) Indicate the election or elections for which the elector is requesting an absentee ballot;

(2) Include at least the following information:

a. The elector's name;

b. The address of the elector's domicile in the State;

c. The address to which the elector requests that the absentee ballot be mailed;

d. The elector's date of birth;

e. The elector's social security number (optional);

f. The elector's political party affiliation;

g. The elector's expected location on election day;

h. The reason that the elector cannot appear at the regular polling place for the elector's election district on the day of the election, which shall identify at least 1 of the reasons set forth in § 5502 of this title;

i. A telephone number, if available, to assist in resolving any challenge;

j. An e-mail address, if available, to assist in resolving any challenge; and

k. The elector's signature;

(3) Be subscribed and sworn to by the elector [, before an officer authorized by law to administer oaths affirming that under penalty of perjury, the information on the affidavit is correct and true except that the affidavit for a person voting in person at the Department shall not be notarized but shall be accepted upon the voter presenting a form of ID acceptable by a notary] ;

(4) Be dated during the calendar year in which the election is to be held, provided that when a presidential primary election is scheduled and the date of the presidential primary election is less than 90 days before January 1 in the year in which a President of the United States is to be elected, the [affidavit] statement shall not be dated more than 90 days before the day of the presidential primary election, and further provided that, for special elections conducted pursuant to Chapter 71 of this title, the [affidavit] statement may be dated as of any date after a writ of election has issued; and

(5) Be promulgated by the State Election Commissioner, in consultation with the Department, and personally approved by the Attorney General of the State; provided however, that the Federal Post Card Application or its successor as promulgated by the Federal Voting Assistance Program or its successor shall also be considered an [affidavit] statement as used in this chapter.

[(e) Notwithstanding any other provision of this section to the contrary, the affidavit of any elector desiring to receive an absentee ballot because the person qualifies under any of the reasons set forth in § 5502(1), (2), (4) or (7) of this title or because a person's business or occupation is providing care to his or her parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury, may be self-administered.]

(e) [Deleted by 2017 Amendment.]

(f)

(1) If the elector does not indicate the election or elections for which the elector is requesting an absentee ballot, it shall be presumed that the [affidavit] statement for the next scheduled election in which the elector is eligible to vote; provided however, that an [affidavit] statement on which the person indicates that the reason the person is requesting to vote by absentee ballot is that the person is temporarily or permanently physically disabled or that the person qualifies under any of the reasons set forth in § 5502(1), (2), (4) or (7) of this title shall be presumed to be for all elections in a calendar year unless otherwise indicated on the [affidavit] statement .

(2) If the Department is unable to determine the election and/or elections for which a person is requesting an absentee ballot, it shall attempt to contact the person in order to determine the person's intent; provided however, that if time is of the essence and the Department is unable to contact the elector, the Department's county director and deputy county director in the county where such person has requested an absentee ballot shall confer and determine the proper course of action.

(g) [Affidavits] Statements filed pursuant to this section on which the elector's domicile is different than the address at which the person is registered to vote within the State shall be used to transfer the person's registration.

(h) [Affidavits] Statements filed pursuant to this section on which an elector indicates that the elector has legally changed the elector's name shall be taken as authorization to transfer the elector's previous registration information, including the elector's voting record to the new name. The Department shall then use the [affidavit] statement to make the change on the Department's records.

(i) [Affidavits] Statements filed pursuant to this section on which a person indicates a change in political party affiliation received during a period in which changes in political party affiliation are closed shall be used to change the person's political party affiliation when the period for changing political party affiliation re-opens.

(j) The Department may adopt a printed or electronic [affidavit] statement form (or both), containing blanks associated with each item required by this section to be listed on [an affidavit] a statement , which may be completed by any elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request to the Department for the Department-prepared [affidavit] statement form, which the Department shall forward to the elector upon receipt of a request therefor.

History

Amended by Laws 2019 , ch. 170 , s 44 , eff. 7/30/2019 .

Amended by Laws 2017 , ch. 106 , s 1 , eff. 1/1/2018 .

Amended by Laws 2013 , ch. 275 , s 86 , eff. 7/1/2015 .

44 Del. Laws, c. 118, §§ 1, 2, 11, 19, 19A; 45 Del. Laws, Sp. Sess., c. 5, § 1, 3; 45 Del. Laws, c. 155, §§ 2, 10; 47 Del. Laws, c. 316, § 1; 15 Del. C. 1953, §§ 5504, 5505, 5514, 5521; 49 Del. Laws, c. 278, §§ 4, 5, 10; 50 Del. Laws, c. 173, §§ 1, 5; 52 Del. Laws, c. 92, § 3; 52 Del. Laws, c. 223; 57 Del. Laws, c. 567, § 49; 58 Del. Laws, c. 148, §§ 124-127; 60 Del. Laws, c. 414, §§ 13, 22; 61 Del. Laws, c. 480, § 17; 65 Del. Laws, c. 455, §§2, 3; 68 Del. Laws, c. 301, §§3, 9, 10, 15; 69 Del. Laws, c. 36, §1; 70 Del. Laws, c. 186 , § 1 ; 70 Del. Laws, c. 245 , § 3 ; 72 Del. Laws, c. 275 , § 8 ; 74 Del. Laws, c. 168, § 14; 75 Del. Laws, c. 149 , § 1 ; 75 Del. Laws, c. 287 , § 4 ; 77 Del. Laws, c. 227 , § 1 ; 77 Del. Laws, c. 269 , § 5 ; 78 Del. Laws, c. 297 , §§ 3 - 5 ; 78 Del. Laws, c. 304 , § 7 .;

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