Delaware Code Title 15 Sec. 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.”
Terms Used In Delaware Code Title 15 Sec. 4940
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- Election officers: means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title. See Delaware Code Title 15 Sec. 101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Inspector: means inspector of elections. See Delaware Code Title 15 Sec. 101
- Oath: A promise to tell the truth.
- Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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.
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; 79 Del. Laws, c. 275, § ?77;