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  • DELAWARE VOTING LAW UPDATE

    Filed at 8:09 pm under by dcobranchi

    I think I found the law that the elections officer was trying to invoke.

    § 4933. Persons permitted in the voting room.

    No person, other than members of the departments, employees of the department who shall be identified by a badge from the department, election officers, State Election Commissioner, employees of the State Election Commissioner’s office, who shall be identified by a badge from the Commissioner, persons actually voting and 1 challenger from any political party which is represented by a candidate in that district as provided in § 4934 of this title, shall be admitted within the voting room nor within 50 feet of the entrance thereof, except for the purpose of offering his or her vote or except as provided in this title. Other persons necessary to the conduct of the election may be admitted within the voting room or within 50 feet of the entrance thereof upon first obtaining unanimous consent of the inspector and judges. (21 Del. Laws, c. 38, §§ 15, 16; 22 Del. Laws, c. 63; Code 1915, §§ 1754, 1755; Code 1935, §§ 1843, 1844; 15 Del. C. 1953, § 4933; 57 Del. Laws, c. 181, § 53; 58 Del. Laws, c. 148, § 82; 70 Del. Laws, c. 186, § 1.)

    The law, though, makes an exception for children:

    § 4937. Voting procedure.

    …(e) The rest of this title notwithstanding, any voter permitted to enter the voting machine may be accompanied by a child of not more than 16 years of age. Any challenge as to the age of the child shall be resolved by the voter signing an affidavit (which shall be prepared by the Election Commissioner) that the child is not more than 16 years of age. (19 Del. Laws, c. 37, § 19; 19 Del. Laws, c. 576; 21 Del. Laws, c. 38, § 18; 22 Del. Laws, c. 62; 27 Del. Laws, c. 65, § 16; Code 1915, §§ 1767, 1772; 34 Del. Laws, c. 111, § 1; Code 1935, §§ 1856, 1861; 45 Del. Laws, c. 154, § 12; 15 Del. C. 1953, § 4939; 57 Del. Laws, c. 181, § 58; 58 Del. Laws, c. 148, § 84; 68 Del. Laws, c. 222, § 1; 70 Del. Laws, c. 388, §§ 1, 2; 70 Del. Laws, c. 505, § 3; 72 Del. Laws, c. 470, § 1; 73 Del. Laws, c. 404, § 1.)

    I’m printing this out and taking it with me. I guess I can only bring one of the kids in, though.

    2 Responses to “DELAWARE VOTING LAW UPDATE”


    Comment by
    Michelle
    October 30th, 2004
    at 12:35 pm

    I don’t know what the laws in Texas say (I’ll find out right after this), but I’m sure as heck not leaving 4 kids aged 6 and under to stand around by themselves in a public place while *I* vote. They’re coming in with me, like it or not.


    Comment by
    Michelle
    October 30th, 2004
    at 12:42 pm

    I looked it up, and Texas law basically says a child under 18 who is legally a minor (not married, not emancipated, not registered to vote) may enter the voting book with the parent. The trick will be trying to fit the double stroller in there… 😉