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Delaware Statutes § 6104 Commissioner's review of application

⤴ Up to Chapter 61: Registration of Former Felons

Statute Text

(a) If the applicant has [not] been convicted of a felony which is not disqualifying, [within the 5 years preceding the date of the application, the State Election Commissioner shall request that both the Office of State Court Collections Enforcement (OSCCE) and the Department of Correction separately conduct a review and data search of all records relating to the applicant] the State Election Commissioner shall request that the Department of Correction review its records to determine if all sentences of imprisonment and community supervision imposed upon the applicant have been fully discharged .
(b) [Repealed by 2016 Amendment.]
[(b) Upon request by the State Election Commissioner, the OSCCE shall review its records to determine if the applicant has paid all financial obligations assessed against such applicant. Upon request by the State Election Commissioner, the Department of Correction shall review its records to determine if all sentences of imprisonment and community supervision imposed upon the applicant have been fully discharged.]
(c) Where it has been determined that the applicant was convicted of a felony which is not disqualifying, has fully discharged all imposed sentences, and otherwise meets all constitutional requirements, the applicant shall be permitted to register as a qualified voter. Each stage of the review process shall be completed within a reasonable time.
(d) Where the State Election Commissioner determines from information received from [OSCCE or from] the Department of Correction that [there are financial obligations which have not been paid; or that] [not all sentences have been] the applicant has not fully discharged [; or] all sentences or that other questions or issues relating to the applicant's eligibility are still unresolved, the Commissioner shall deny the application for registration. Upon denial of an application under this section, the applicant shall be notified by mail.

History

Amended by Laws 2015 , ch. 311 , s 3 , eff. 7/13/2016 .

72 Del. Laws, c. 314 , § 1 ; 77 Del. Laws, c. 227 , § 2 .;

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