Delaware Code Title 9 Sec. 559 – Persons qualified to vote
(a) The voting list theretofore prepared by the clerk of the peace shall be evidence of the right of a person to vote and the number of votes to which each freeholder is entitled, except as hereinafter provided.
Terms Used In Delaware Code Title 9 Sec. 559
- Clerk of the peace: means the clerk of the peace of the county in which the suburban community is situated. See Delaware Code Title 9 Sec. 551
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Suburban community: means any unincorporated community within this State:
- Trustee: A person or institution holding and administering property in trust.
(b) Any freeholder who has sold his or her property or properties in the community prior to the date of the election shall not be permitted to vote but the then-owner of the property or properties shall be entitled to vote in his or her place and stead upon furnishing the judge of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.
(c) Any person claiming the right to vote at the election as an heir of any freeholder in the community who has died since the preparation of the voting list, or as trustee or guardian under the terms of the last will and testament of any such freeholder (who has died in the community since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person’s ownership of, or interest in, the property of any such freeholder, and shall thereupon be entitled to vote in the place and stead of such deceased freeholder.
(d) Wherever the property of such deceased freeholder in the suburban community is left to joint tenants or tenants in common, the following rules shall prevail:
(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;
(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;
(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;
(4) The vote of any life tenants shall be accepted over the person having a reversionary interest in the property in the suburban community.
48 Del. Laws, c. 331; 9 Del. C. 1953, § ?559; 70 Del. Laws, c. 186, § ?1;