Can Second Home Owners Vote in the June 5 IRSD Referendum?
- 38th District Republican Club
- 1 hour ago
- 18 min read
Who can vote in School Board Elections and Referendums
Dear Poll Workers and Poll Watchers,
THANK YOU for stepping up to be a Poll Worker or Poll Watcher for this June 5 Referendum, it is because of Patriots like you, that we can ensure integrity in our elections. The main issue with School Board elections, specifically in the Indian River School District, is WHO can vote? It is not as simple as being registered to vote as in General elections, as there is not a requirement to be a registered voter to be able to vote in a School Board or District Referendum. Rather, the requirement is residency, and surprisingly, that can be confusing!
As Poll Workers and Poll Watchers, we will want to ensure that those who are legally allowed to vote, be allowed to vote, and those that are not legally allowed to vote, to not be allowed to vote. Also surprisingly, many poll workers will not be very familiar with the laws and regulations in this matter. As a Poll Watcher, you will be not only able to observe the process, but all interject and make suggestions to the Polling Place Inspector. And please RECORD all interactions in writing.
Please see below for same background on voting for School District Referendums, the statues, and also some real world sample issues from the last IRSD Referendum. If you have a question on whether or not you can vote in the IRSD June 5 Referendum, email us at info@38thdrcp.com.
WHO Can Vote in the IRSD Referendum
Who can vote in a School District Referendum should be simple to determine, and for the most part it is. Most of the voters will be registered voters and will show either their Polling Place Card, or their Delaware driver’s license. The poll workers may have to confirm that an address is in fact in the IRSD, and may use a second online program to verify that a voter’s address is in the district. Where the most confusion will be is for those who have more than one home/domicile and may not be registered to vote in the IRSD, though they may still be eligible to vote if they can prove that their second home is their “primary residence”.
The Statute: Title 14 § 1077. Qualified voters.
Every citizen 18 years of age or over and a resident of the reorganized school district shall be eligible to vote at the school election in the reorganized school district in which that citizen resides, whether or not that citizen is at the time a registered voter for purposes of a general election.
In a FAT nutshell: All residents of the Indian River School District who are U.S. citizens and at least 18 years of age on or before the day of the election may vote in the Referendum.
Note: You DO NOT have to be a registered voter NOR do you have to be a property owner.
Showing Proof of Identity
In order to vote in the Referendum, a voter must provide proof of identity and address.
It will be easiest for a voter to show their Delaware driver’s license. Voters will be flagged as a “non-resident” if they show an out of state driver’s license. They may still be eligible vote with an out of state driver’s license, if they can prove their Delaware residency another way, or they can sign an affidavit to that effect.
The Statute: Title 14 § 1078. Determination of qualifications of the voter.
For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, that individual shall complete an affidavit, promulgated by the Commissioner of Elections, which shall affirm that the individual offering to vote is a qualified voter of the school district pursuant to § 1077 of this title (see above Qualified Voters). If it can be determined by a majority opinion of the inspector and both judges assigned to that polling place that the individual offering to vote has met the qualifications for that school election pursuant § 1077 of this title, then said individual shall be permitted to vote. Otherwise, an election official shall require the person offering to vote to produce reasonable identification of himself or herself and their place of residence in the school district. The said identification may be:
(1) Delaware driver’s license;
(2) Delaware ID card;
(3) Work ID card with photo and address; or
(4) U.S. postal material. (implied: with street address)
If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the inspector and both judges assigned to that polling place.
A voter may also show other reasonable documents which by themselves or in conjunction with another document identifies the person and their address. Acceptable proofs of identity, name and address include, but are not limited to: State of Delaware driver’s license; State of Delaware automobile registration card; State of Delaware ID card; work ID with photo and address; credit card with photograph and signature; document identifying person by photograph or signature; recent utility bill, rent receipt, a signed Social Security Card, business letter setting forth the person’s address or telephone directory listing in the current issue of the phone book; or any other reasonable document that identifies the person’s address.
Note: photo ID is NOT required to prove identity.
How Questions of Residency Are to Be Addressed At the Polls
As you might have noticed, Delaware Code does not explicitly mandate proof of "primary residency." However, this could become a point of dispute. Essentially, it is up to the voter to inform the Poll Workers if they regard the Indian River School District as their primary residence. They may sign an affidavit to that effect on the day of voting and be permitted to vote. Below, I have included the relevant statutes and an email of "clarification" from Bo McDowell, Director of the Department of Elections, Sussex County, and Anthony Albence, Delaware State Election Commissioner.
Email From Bo McDowell Regarding Residency:
“Delaware Code, Title 14 does not explicitly specify that it requires the person to have their primary residence in the district, but, in the context of voting, residency generally refers to the voter’s primary residence or domicile, meaning where the voter intends to return if/when traveling, and that the individual spends at least 50% of more of their time. The legislature’s intent to apply that standard here is demonstrated by Title 14 Section 1078 specifying forms of identification that would be linked to a voter’s primary residence or domicile.
Moreover, although it is not specific to school board elections, Delaware Code, Title 15, Section 4941 addresses questions of a voter’s residency more generally. It provides:”
Title 15 § 4941. Residency of voter.
If a vote is objected to for the reason that the person is not a bona fide resident of the election district in whose record that person’s name appears, the following rules shall apply:
(1) If any person who has resided within this State actually moves outside this State with the intention of remaining there for an indefinite time as a place of present domicile, such person shall lose that person’s own qualification of residence within the State, notwithstanding any floating intention that person may entertain to return at some future time.
(2) A person registered to vote in the State who has moved from an address or residence located within 1 election district within the State to another address or residence within another elections district within the State shall be permitted to vote at the polling place for that person’s new residence or address.
All the best,
Kenneth “Bo” McDowell
Sussex County, Director
Delaware Department of Elections
119 Race Street, Georgetown, DE 19947Phone: (302) 856-5367
Email from Anthony Albence Regarding Residency:
Thank you for your reply. It appears that your primary question/need for clarification regards the term “domicile” and its definition regarding public school elections.
The definition of “domicile”, in the context of an individual’s eligibility to vote in a school election, is where a prospective voter considers their primary residence, to where they intend to return when away, when traveling, etc. I offer that the term “residence” in Title 14, Section 1077, refers to an individual’s domicile or their primary residence. A general rule for determining one’s domicile or primary residence is where one spends 50% or more of their time, and the address to which primary documentation tied to one’s identify and residence (e.g., driver’s license, state ID, various utilities and statements, etc.) In stating this, I am restating/reiterating what you mentioned below that Bo McDowell has also stated on this question.
A prospective vote may have more than one residence, of course, and as you mention. However, an individual may have only one domicile or primary residence at any one point in time. A voter’s domicile or primary residence may change over time, depending upon the individual’s life circumstances, but a voter’s domicile or primary residence is fixed at any one point in time. With that in mind, at the time of any public-school election (school board or school district referendum), a voter may only vote in an election in the school district in which they are domiciled or where they primarily reside.
a voter affirms eligibility to vote, including the voter’s domicile or primary residence, when completing an electronic eligibility affidavit while checking in to vote via the pollbook (if a registered voter) or by completing a paper eligibility affidavit (if not a registered voter)
a majority vote of the polling place inspector and polling place judges may affirm the identity and eligibility of a voter in a school election
if the majority of the inspector and judges cannot or do not affirm the identity and eligibility of the voter to vote in the election, the voter then presents one of the forms of identification detailed in this section to the poll workers to confirm identity and domicile or primary residence in the school district:
Delaware driver’s license
Delaware ID card
Work ID with photo and address; or
U.S. postal material
Additional Email from Anthony Albence:
As I wrote in response to a prior email asking about the meaning of the term resident as used in the context of eligibility to vote, the term “resident” is generally understood to mean the voter’s primary residence or domicile, meaning where the voter intends to return if/when traveling, and that the individual spends at least 50% of more of their time at that primary residence. Ultimately, as in all school elections, a voter self-affirms under penalty of perjury that all information they provide on the eligibility affidavit for that election is true and accurate, and that they are, indeed, eligible to vote in the election in which they intend to vote.”
With respect to the situation described in your email, it is always the Department’s goal to make the process of voting as convenient as possible. However, unless a person has recently moved, Delaware law (and the law of most other states) requires the person’s drivers’ license to correspond to their domicile or primary residence. Specifically, per Delaware Code (Delaware Code, Title 21, Section 2704) and DE DMV policies, if an individual is domiciled/primarily residing in Delaware and wishes to operate a motor vehicle, they are to apply for a Delaware driver’s license within 60 days of taking up residence in Delaware. At the time of the application for a Delaware Driver’s License, an individual also surrenders to the Delaware Division of Motor Vehicles any driver’s license they were issued from the state from which they have moved.
If the person described in your email is a Delaware resident, as they apparently affirmed under oath, they would appear to be in violation of Delaware’s motor vehicle laws. Although our poll workers do not enforce provisions of Delaware Code regarding driver licensing, it was reasonable for poll workers to be concerned about such a situation and to take their duty of confirming the person’s residency per the provisions of Delaware Code, Title 14, Section 1078, seriously.
Anthony Albence
State Election Commissioner
Delaware Department of Elections
905 S. Governors Ave, Suite 170, Dover, DE 19904Phone: (302) 739-4277
Process For Making a Challenge
You may have noticed that there was a little bit of an implied threat there, that if a voter showed up to vote with an out of state driver’s license as an ID, they could be in violation of DMV laws, but then walked it back, stating that voters would not be pursued for showing an out of state driver’s license.
If you believe someone who is eligible to vote is inappropriately turned away, or vice versa, someone has been allowed to vote that you believe is not eligible to vote, you may approach a Polling Place Judge or Inspector, and let them know that you would like to “challenge” their decision. Of course be professional and polite. Do record the voter’s name and the circumstances of the challenge.
The Statute: Title 14 § 1082. Procedure at the polling place.
(a) Upon arriving at a polling place, a person shall complete a Voter Eligibility Affidavit for Public School Elections attesting to the voter’s eligibility to vote in the public school election and then present the aforesaid affidavit and proof of the voter’s identity and address as required in § 1078 of this title to an election officer.
(b) Upon being presented an affidavit and proof of the voter’s identity by a person, the election officer shall then legibly print the name of the person onto a poll list, determine whether or not the person is eligible to vote in the election, and then annotate the affidavit as to whether or not the person shall be permitted to vote. If the person does not offer reasonable proof of identity and address as required in this section, the person may be permitted to vote by majority vote of the inspector and both judges. Poll lists created as required above shall be retained by the Department of Elections that conducted the election for 1 year following the day of the election. At the end of the aforesaid year, the poll lists shall be destroyed.
(c) If the election officer determines that the person is not eligible to vote in the election, the election officer shall refer the person to the inspector and both judges. The inspector and both judges after hearing and considering evidence shall by majority vote determine whether or not to permit the person to vote. Upon making the decision, the inspector shall appropriately annotate the affidavit and poll list. If the person is not permitted to vote, the inspector shall direct the person to depart the polling place and then the inspector shall file the affidavit in the appropriate place.
(d) If a person’s eligibility to vote is challenged by anyone for any reason, the inspector and both judges shall immediately hear and consider the evidence and then by majority vote decide whether or not the person is eligible to vote. Once the inspector and both judges have made their decision, there is no appeal at the polling place. The person shall either be permitted to vote, or shall not be permitted to vote and directed to depart the polling place. A person who has not been permitted to vote may appeal the decision of the inspector and both judges to the county director or, in the county director’s absence, to the deputy county director for the Department of Elections conducting the election.
(e) Upon hearing the evidence of an appeal by a voter, the county director or deputy county director for the Department of Elections conducting the election shall rule on the appeal. A person whose appeal is successful shall be permitted to vote at the polling place or by absentee ballot at the Department of Elections conducting the election.
The Statue that Authorizes School Board Referendum Challengers
What is interesting about being a Poll Watcher aka Challenger, is that no authorization form is required to be presented and that there may be up to 5 Challengers per polling location. So, all you will need to do is show up, let the Polling Place Inspector know that you will be a Challenger, they will give you a badge and a place to observe. Please bring a clipboard, pen, paper, and have these two numbers handy:
38th RDC cell: 302-584-3216
Sussex Dept of Elections: 302-856-5367
The Statute: Title 14 § 1089. Challengers and challenges.
(a) For school board member elections, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger from each candidate on the ballot may be present inside each polling place to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present a challenger authorization for that particular election signed by the candidate before being permitted to sit as a challenger.
(b) For all other public school elections, 5 persons at a time may act as challengers. Persons desiring to sit as a challenger shall ask the inspector in the polling place for permission to serve as a challenger. If fewer than 5 persons are sitting as challengers, the person shall be seated after completing the challenger identification form. If 5 persons are already seated, no person shall be seated until 1 of the seated persons has left the polling place. Any challenger who leaves the polling place for any reason shall immediately surrender the challenger’s own challenger badge to the inspector and shall be replaced by a person waiting to be seated as a challenger.
(c) A person serving as a challenger shall be issued a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place the challenger shall surrender the badge to the inspector and for school board member elections retrieve the challenger authorization from the inspector.
(d) Challengers shall be peace officers with the same powers of preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector shall have the duty to caution the challengers concerning the foregoing and, if a challenger persists in objectionable behavior, the challenger may be ejected by the inspector. Nothing in this subsection shall prevent the substitution of another challenger for 1 who has been ejected.
(e) If an inspector wilfully ejects a challenger without cause, that inspector shall be deemed to have knowingly and wilfully violated that inspector’s own official duty.
(f) Anyone legally within the polling place may challenge any voter for identity, address or bribery. The inspector and both judges shall hear each challenge immediately and before the person so challenged enters a voting machine. Once the inspector and both judges vote on the challenge, the matter is decided and the challenged person will either be permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of Title 15. Once the person has taken and subscribed to the oath, the person shall be permitted to vote.
Note to Challengers: do not sign the pink “bribery form”. It is often given to Challengers/Poll Watchers by Polling Place Inspectors by mistake.
What Is the Penalty for Illegally Voting in a School District Election/Referendum
Of course you will not want to encourage anyone to vote in this Referendum unless they are legally allowed to do so.
Title 14 § 1085. Penalty for illegal voting in school elections.
Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter, or having once voted, votes or attempts to vote or offers to vote again, or violates any of the other provisions of this subchapter or Chapter 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular elections laws of this State.
Sample Challenges from the March 20th, 2025 IRSD Referendum
Please read over these challenges that were made during the last IRSD Referendum that we had in March, to become familiar with what you might encounter.
Dear Bo,
Please find attached the report from one of our Poll Watchers for the IRSD Referendum on March 20th. Covered the poll from 7:15 till 12:45.
1.
C.S.
C.S. had property in Sea Colony, not a permanent resident - not allowed to vote.
Q: There is no Delaware state law or regulation that states a voter must prove primary residency or permanent residency.
Q: What documentation is annotated when poll clerks turn away a voter? Shouldn’t this be recorded? This way if there is an issue, we have the information on turning away voters.
2.
R.W.
R.W. had no Delaware License, she signed an affidavit to residency, allowed to vote.
Q: Can we review this affidavit please? And confirm that R.W. is a resident?
Q: How can we review all affidavits signed that day?
3.
Husband & wife (could not get name) had two properties: one in Hockessin, the other in Ocean View. He was a REDACTED and claimed residency in Ocean View 50% time, had tax bills to prove ownership. Bill Tobin & Bo from DOE allowed them to vote if they signed that Ocean View was their Primary Residence.
Bill later told me the law does not specifically require primary residency. The DOE election materials don't specify primary residence either.
Q: Why are we turning away voters for not proving primary residence if it is not law?
4.
M.S.
M.S. w REDACTED came up not registered to vote, lives in Millville, was allowed to vote. There were several Not Registered to vote people that were allowed to vote after the GIS system verified their Driver’s License addresses were in IR Dist.
5. Voter’s First Hand Experience
“It sure would be nice to know if I were to vote in the repeat June 5th IRSD Referendum that I would not be subjected to the "Stasi State Security" Stalinist interrogation to which I was subjected on March 20th. . . . even to the point of plunking my South Bethany address into Google Maps GPS to see if a "house" showed up on the satellite imagery for the address I gave them. I kid you NOT, for the love of God !!!
I presented six forms of proof that I was a property owner and property tax payer in South Bethany and in Sussex County, along with tax bills and utility bills; however, the demonstrable showstopper for the polling place judges was my picture ID on a Maryland driver’s license.
After 30 minutes, I was finally allowed to cast a ballot on March 20th, but absent a definitive ruling, I cannot, will not, be subjected to that kind of hazing again, were I to try to vote at the repeat referendum on June 5th.
References
Next 38th Club Meeting MONDAY, June 23rd, 6:30pm
We will hold our next 38th District Republican Club meeting on MONDAY, June 23rd, at the South Coastal Library on Kent Avenue, starting at 6:30pm. Topic: TBD.
IRSD Referendum June 5
The Indian River School District will hold another funding increase Referendum on Thursday, June 5th, 7am to 8pm. This Referendum is identical to the last Referendum, an increase in property taxes of 37%. We will again need Poll Watchers on this day to assist voters to understand who can and who cannot vote, and observe the process. It is only by having an actively engaged citizenry that we can maintain our rights and freedoms and a fair process for all. Please email here if you can be a Poll Watcher info@38thdrcp.com.
DE GOP App
YOU can continue to share the information that there will be a Referendum on June 5th and it is vital to do so as so many are still completely unaware that this vote will take place. Please go into the Delaware Republican Party app, select "Send Text" and a list of your Republican neighbors near you will be listed. You may share this simple message:
"IRSD Referendum Vote June 5, please vote! 37% increase in property taxes. Questions? Email info@38thdrcp.com 38thdrcp.com "
Polling Locations
You may vote at any of the following polling locations for the June 5th Referendum between 7am and 8pm.
East Millsboro Elementary School
Georgetown Elementary School
Indian River High School
Long Neck Methodist Church
Lord Baltimore Elementary School
Millville Community Center
Selbyville Fire Hall
Sussex Central High School
Can YOU be a Poll Watcher on June 5th at any of the above locations? We need YOU!! Email info@38thdrcp.com
Next 38th Club Meeting MONDAY, June 23rd, 6:30pm
Please plan to attend our 38th District Republican Club meeting on MONDAY, June 23rd, South Coastal Library on Kent Ave, starting at 6:30pm. Topic: The TBD.
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Upcoming Meetings
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