Delaware Law Article V- ELECTIONS

Delaware Constitution – Article V: Elections

Overview:

Article V of the Delaware Constitution governs the state's electoral process, including the qualifications of voters, election procedures, and administration of elections. It provides the legal framework for fair and free elections in the state.

Key Sections of Article V (Summary):

Section 1 – Qualifications of Voters

Every citizen of the U.S. who is:

At least 18 years old,

A resident of Delaware,

Properly registered,

Is entitled to vote in all elections (state, local, and federal).

Section 2 – Registration

The General Assembly must provide a system for voter registration.

No person may vote unless registered under the law.

Section 3 – Election Day

General elections are held on the Tuesday next after the first Monday in November (i.e., the federal Election Day).

The General Assembly may establish dates for municipal or special elections.

Section 4 – Manner of Voting

All voting must be done by official ballot.

The ballot design, printing, and distribution are regulated by law.

Ensures secrecy in voting.

Section 5 – Uniformity and Fairness

Elections must be conducted under uniform standards to ensure fairness and prevent fraud.

Section 6 – Absentee Voting

Permits absentee voting for those unable to appear at polling places (e.g., due to sickness, military service, or being away from the state).

Legislature may expand absentee voting rights by law.

Section 7 – Contested Elections

The House and Senate are the sole judges of the elections and qualifications of their own members.

Procedures for resolving disputed elections are set by law.

Section 8 – Bribery and Corrupt Practices

Any person convicted of bribery, fraud, or corrupt practices related to elections loses the right to vote or hold public office.

Can only be restored by a legislative act passed with a two-thirds vote.

Section 9 – Election Officers

Laws are to be enacted for the appointment and duties of election officers, including their qualifications, compensation, and term of office.

Section 10 – Political Activity Restrictions

Election officers and officials involved in conducting elections must remain nonpartisan and free from improper influence during their duties.

Summary:

Article V of the Delaware Constitution ensures:

Eligibility and registration requirements for voters.

Uniform election procedures, including absentee ballots.

Voter protections and anti-corruption measures.

Election integrity through oversight and enforcement.

 

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