SPONSOR: Rep. Jaques & Sen. BuntingRep. Plant

HOUSE OF REPRESENTATIVES145th GENERAL ASSEMBLYHOUSE BILL NO. 245AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:Section 1. Amend Title 15 of the Delaware Code by striking the word “administrative” from the phrases“administrative director” and “deputy administrative director” wherever these phrases appear throughout the Title.Section 2. Amend Title 15 of the Delaware Code by striking the words “commissioner of elections” in their entiretyand substituting in lieu thereof the words “state election commissioner” wherever they appear within the title.Section 3. Amend §207, Title 15 of the Delaware Code by striking said section in its entirety and substituting a new“§207” in lieu thereof as follows:“§207. Compensation of members.The compensation of board members shall be as provided in the Budget Act.”.Section 4. Amend §208, Title 15 of the Delaware Code by striking said section in its entirety and substituting a new“§208” in lieu thereof as follows:“§208. Organization meeting, officers.(a) The board of elections for each county shall establish a schedule of meetings for the following calendar year at aregularly scheduled meeting of the board held between October 1 and December 31. Once established, the aforesaidschedule shall be subject to change by the respective board.(b) The schedule shall include an organizational meeting that shall be held between February 1 and June 30 of eachyear at which time the members of the board of elections for a county shall meet and organize by electing one member to be president and one member to be secretary, whose function other than that of a member shall be to record the minutes of the meetings of the board. The terms of office for each office shall be until the organizational meeting held in the followingyear or until a successor is elected.”.Section 5. Amend §211, Title 15 of the Delaware Code by striking subsection (e) thereof in its entirety and substitutinga new subsection “(e)” in lieu thereof as follows:“(e) The salary of the director and deputy director shall be as provided in the Budget Act.”.Page 1 of 10LC : JDN : RAY1901450431Released: 06/16/2009 05:23 PM

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Section 6. Further Amend §211, Title 15 of the Delaware Code by inserting a new subsection “(f)” thereto as follows:“(f) The director and deputy director, if in agreement, may authorize a person to vote whose application to register tovote at the division of motor vehicles was never completed as required elsewhere in this title. The person shall follow the procedures set forth by the state election commissioner prior to being permitted to vote.”.Section 7. Amend §213(a), Title 15 of the Delaware Code by inserting a period “.” in place of the comma “,” thatappears after the word “duties” and striking the balance of the subsection in its entirety.Section 8. Further Amend §213, Title 15 of the Delaware Code by striking subsection (b) thereof in its entirety and re-designating subsections (c) and (d) as subsections “(b)” and “(c)” respectively.Section 9. Amend §214, Title 15 of the Delaware Code by striking said section in its entirety.Section 10. Amend §215, Title 15 of the Delaware Code by striking the words “, secretaries and assistants,” in their entirety and substituting in lieu thereof the words “and employees”.Section 11. Amend §218, Title 15 of the Delaware Code inserting a period “.” after the second instance of the word“department” and striking the balance of the section in its entirety.Section 12. Amend §301, Title 15 of the Delaware Code by striking subsection (b) thereof in its entirety andsubstituting a new subsection “(b)” in its place as follows:“(b) The salary of the state election commissioner shall be as provided in the Budget Act.”.Section 13. Amend §302(7), Title 15 of the Delaware Code by striking the fourth sentence thereof in its entirety andsubstituting a new sentence in its place as follows:“The Commissioner shall collaborate with the departments of elections in developing these standards.”.Section 14. Amend §302, Title 15 of the Delaware Code by striking paragraph (11) thereof in its entirety andsubstituting an new paragraph “(11)” in its place as follows:“(11) To collect unofficial results for each primary, special and general election for each election district used in thesaid election and to tabulate, report and disseminate the results of the election as soon as possible to the public.”.Section 15. Amend §304(a)(3), Title 15 of the Delaware Code by inserting “Upon request,” prior to the words “Up to”at the beginning of the first sentence thereof.Section 16. Amend §304(h), Title 15 of the Delaware Code by striking said subsection in its entirety and substituting anew subsection “(h)” in lieu thereof as follows:“(h) Files and lists provided to members of the General Assembly and State agencies or county or local governments pursuant to subsection (f) of this section shall include voter names, addresses, political party affiliation, voting history,telephone numbers and dates of birth. Files and lists provided to major and minor political parties pursuant to subsectionsPage 2 of 10LC : JDN : RAY1901450431Released: 06/16/2009 05:23 PM

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(a) through (d) of this section and to candidates for elective office pursuant to subsection (e) of this section shall be limitedto voter names, addresses, political party affiliations, voting history, legislative district information, telephone numbers andyears of birth. Files and lists provided to the public shall be limited to voter names, addresses, political party affiliations,voting history, legislative district information, and years of birth. The Delaware Freedom of Information Act, 29 Del. C.Ch. 100, shall not apply to information contained in voter lists and files created and maintained pursuant to Title 15.”.Section 17. Further Amend §304, Title 15 of the Delaware Code by inserting a new subsection “(i)” thereto as follows:“(i) The state election commissioner, in collaboration with the departments of elections, shall develop and implement policies and procedures for protecting the information about persons in the state’s election management system, and onrecords and electronic media in the possession of the state election commissioner’s office and the departments of elections.”.Section 18. Amend Section 307, Title 15 of the Delaware Code by striking said section in its entirety.Section 19. Amend §1101(b), Title 15 of the Delaware Code by striking the word “reregister” as it appears in the firstsentence and substituting the words “update their voter registration record” in lieu thereof.Section 20. Further Amend §1101(b), Title 15 of the Delaware Code by striking the second sentence thereof in itsentirety.Section 21. Amend §1705(d), Title 15 of the Delaware Code by striking the words “the decedent's spouse or asurviving child” in their entirety and substituting in lieu thereof the words “the decedent's spouse, adult child, sibling or parent”.Section 22. Amend §1707, Title 15 of the Delaware Code by striking subsection “(b)” thereof in its entirety andsubstituting a new subsection “(b)” in its place as follows:“(b) The departments of elections shall consider a written notice from a spouse, adult child, sibling or parent that aregistered voter has moved out of state as permission from that person to cancel his/her voter registration. The notice shall be signed and the relationship to the previously mentioned voter stated.”.Section 23. Amend §2011(a), Title 15 of the Delaware Code by striking the last sentence of said subsection in itsentirety.Section 24. Amend §2013(c), Title 15 of the Delaware Code by striking said subsection in its entirety.Section 25. Amend §2014(a), Title 15 of the Delaware Code by striking paragraph (5) thereof in its entirety andsubstituting a new subsection “(5)” in lieu thereof as follows:Page 3 of 10LC : JDN : RAY1901450431Released: 06/16/2009 05:23 PM

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