Current through 2024 Legislative Session Act Chapter 494
Section 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. (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.;