(a) Every applicant for registration shall be a qualified voter in a general or primary election if such applicant is a citizen of this State of the age of 18 years and upwards, or who will be 18 years old on or before the day of the general election next succeeding the applicant’s registration, and is a bona fide resident of this State. An applicant shall be a qualified voter in a special election if such applicant is a citizen of this State of the age of 18 years and upwards on the date of the special election. No person in the military, naval or marine service of the United States shall become a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State; and no person adjudged mentally incompetent, person who is ineligible to vote under Chapter 61 of this title, or person rendered incapable of voting by reason of violating § 7 of Article V of the Constitution of this State for 10 years next following that person’s conviction and sentence thereunder, shall be a qualified voter. For purposes of this chapter, the term “adjudged mentally incompetent” refers to a specific finding in a judicial guardianship or equivalent proceeding, based on clear and convincing evidence that the individual has a severe cognitive impairment which precludes exercise of basic voting judgment.
(b) The Department shall permit registration of any citizen and bona fide resident of this State 16 years of age or older through the Division of Motor Vehicles as set forth in § 2050(a) of this title, provided that such applicant shall not be a qualified voter unless qualified under subsection (a) of this section.
19 Del. Laws, c. 38, § 8; 21 Del. Laws, c. 36, § 4; 22 Del. Laws, c. 64, §§ 1, 2; 24 Del. Laws, c. 66; Code 1915, § 1627; 37 Del. Laws, c. 117, § 6; 40 Del. Laws, c. 140, § 5; Code 1935, § 1714; 44 Del. Laws, c. 105, § 1; 15 Del. C. 1953, § 1701; 52 Del. Laws, c. 197, § 1; 58 Del. Laws, c. 502, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 34, §§ 2, 5; 77 Del. Laws, c. 473, § 1; 82 Del. Laws, c. 141, § 9; 82 Del. Laws, c. 192, § 1.
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