Del. Code tit. 15 § 4940

Current through 2024 Legislative Session Act Chapter 269

Section 4940 - Disqualification because of bribery; determination of challenge

(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 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.

15 Del. C. § 4940

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.;