Title 15, Elections

§ 3104. Hours at polling places. The time for opening the polls for the purpose of conducting a primary election shall be 7:00 in the morning, and the time for closing the polls at such primary election shall be 8:00 in the evening.20 Del. Laws, c. 393, § 18; 22 Del. Laws, c. 285…

§ 3105. Procedure when no contest. In case there be no contest for any office in any particular election district or districts the department shall be governed accordingly and shall not hold a primary election in any such election district or districts.Code 1935, § 1780; 45 Del. …

§ 3106. Filing of candidacy for nomination at a primary election; withdrawal. (a) Any person desiring to be a candidate shall give notice in the following manner: (1) Candidates for statewide office: a. Any statewide candidate shall notify the chair of the state committee of that…

§ 3107. Determination of nominee. Any candidate for party nomination to any office who receives a plurality of the votes cast in that candidate’s party’s primary election for that office shall be the nominee of that candidate’s party for such office.20 Del. Laws, c. 393, § 19; 22…

§ 3108. Primary election districts; conduct of primary elections. The Department shall, at least 2 weeks before a primary election, determine and establish primary election districts, each of which shall consist of 1 or more entire election districts in the same representative di…

§ 3109. Public notice of time and place. Notice of primary elections shall at a minimum be given by publication of a notice of election in a daily newspaper of general circulation during 3 of the 10 days prior to a primary election with the last publication being the day before t…

§ 3110. Qualifications of voters. An elector may vote in the primary election of a political party only if the elector is a duly registered voter and if it appears upon the elector’s original permanent registration record that the elector’s party affiliation is the same as the pa…

§ 3111. Expenses paid by State. The expenses for holding primary elections under this chapter, including stationery, and pay of officers and clerks shall be paid by the State.20 Del. Laws, c. 393, § 35; 27 Del. Laws, c. 66, § 1; Code 1915, § 1709; 30 Del. Laws, c. 102, § 1; Code …

§ 3112. Sale of alcoholic liquor on day of primary election. Repealed by 76 Del. Laws, c. 237, § 4, effective June 18, 2008.

§ 3113. Nominating conventions. The method of nominating candidates for the national Electoral College, for offices within a particular political party and for formulation of the party platform may be by convention.15 Del. C. 1953, § 3116; 57 Del. Laws, c. 241, § 8; 57 Del. Laws,…

§ 3114. Candidate residency requirements. (a) Each candidate shall provide the Commissioner with all of the following information and documentation: (1) a. A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the candidate’s primary res…

§ 3115. Elected official, primary residency. (a) If an elected official relocated to a new primary residential address in the district they represent, they must, within 60 days of relocating, advise the Commissioner of Elections of the new address and provide the documents requir…

§ 3116. Fraud prosecution. Any allegation of fraud relating to a candidate or an elected official’s primary residence shall be submitted to the Attorney General for investigation and possible prosecution.83 Del. Laws, c. 359, § 2;

§ 3121. Registration records used. (a) The registration records for each election district in this State used for registration purposes for general, supplementary and additional registrations shall be used for all primary elections held under this chapter. (b) The registration re…

§ 3122. Delivery of registration records to proper inspectors; penalty. (a) The Department of Elections shall before 7:00 a.m. of the day on which a primary election is held by any political party deliver to the proper inspector the registration records for each general election …

§ 3123. Use of ballot. All primary elections shall be by ballot.20 Del. Laws, c. 393, § 2; 27 Del. Laws, c. 66, § 1; Code 1915, § 1679; Code 1935, § 1770; 15 Del. C. 1953, § 3123;

§ 3124. Ballots for voting devices. (a) The Department shall cause to be created the ballots to be used in any primary election. (b) The names of all candidates for nomination for the same office must be placed under the title of the office, the surname of candidates to be placed…

§ 3125. Department to furnish voting devices, flags, supplies, and instructions for polling places. For each polling place, the Department shall furnish all of the following: (1) A flag or poster of suitable size for lettering thereon in at least 3-inch letters with the words POL…

§ 3126. Voting to be by voting devices. In every primary election district in which a primary election is to be held under this chapter, voting devices of the type used in general elections, as provided for in Chapter 50A of this title, must be used to record the votes, and the m…

§ 3127. Designation of polling places. The Department shall, at least 2 weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for a general election. The Departm…

§ 3141. Form of oath. Before opening the election, the presiding officers and judges shall each take and subscribe an oath according to the following form: “I do solemnly swear (or affirm) that in the primary election to be held on the . . . . . . . . day of . . . . . . A. D. . .…

§ 3142. Powers to preserve peace. Each of the election officers of any primary election shall have the same powers as provided in § 4946 of this title.20 Del. Laws, c. 393, § 34; 27 Del. Laws, c. 66, § 1; Code 1915, § 1708; Code 1935, § 1796; 15 Del. C. 1953, § 3147; 58 Del. Laws…

§ 3143. Compensation. Compensation of the officers and clerks for the holding of primary elections shall be the same as the compensation for officers and clerks in general elections.20 Del. Laws, c. 393, § 35; 27 Del. Laws, c. 66, § 1; Code 1915, § 1709; 30 Del. Laws, c. 102, § 1…

§ 3161. Voting procedure [Effective until fulfillment of 85 Del. Laws, c. 63, § 14(f)]. (a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration r…

§ 3162. Return of registration records; failure; penalty. (a) The inspector, immediately after the close of the primary election, shall return the registration records used by that inspector at any primary election to the Department, which shall preserve them. (b) Whoever, being …

§ 3163. Receiving illegal or refusing legal votes; penalty. Whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully receives, or advises or consents to the receiving of, the vote of any person not entitled to vote at such primary election; or …

§ 3164. Challengers. (a) Each candidate for nomination at any primary election may appoint and accredit some suitable person as a challenger. One challenger for each candidate whose name appears on the ballot for that election district may be present inside the polling place and …

§ 3165. Challenges; oath of voter; penalty. Repealed by 77 Del. Laws, c. 227, § 42, effective Feb. 1, 2010.

§ 3166. Illegal election conduct; general penalties. (a) Whoever, at any primary election: (1) Falsely personates any elector or other person and votes or attempts to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed or fictitious na…

§ 3167. Bribery at primary elections; penalty. Whoever, either in or out of this State, 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 …

§ 3168. Stealing, destroying or falsifying registration records; penalty. (a) Whoever, being an inspector of any primary election, clerk or other officer or person having the custody of any registration records, oaths, return of votes, certificates, poll lists or any paper, docum…

§ 3169. Alcoholic liquor in locale of primary election; penalty. Whoever, during the time that any primary election is in progress in any primary election district or during the time the ballots cast thereat are being counted: (1) Brings, takes, orders or sends into, or attempts …

§ 3170. Tabulation of vote. As soon as the polls are closed at a primary election, the votes shall be tabulated as set forth in Chapter 49 of this title.20 Del. Laws, c. 393, § 28; 27 Del. Laws, c. 66, § 1; Code 1915, § 1702; Code 1935, § 1790; 15 Del. C. 1953, § 3172; 57 Del. La…

§ 3171. Certification of results. The inspector and judges shall remove the paper tape containing the total vote cast for each candidate from each voting machine in the election district. Each copy of each paper tape shall then be signed by the inspector, judges and clerks and se…

§ 3172. Calculation of votes; ties. (a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes. (b) In the case of any objection or dispute, the State …

§ 3173. Vote required for nomination. In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party holding a primary election.20 Del. Laws, c. 393, § 37; 27 Del. Laws, c. 66, § 1; Code 1915, § 1711; Code 1935, § 1799; 15 De…

§ 3174. Death, physical, mental or other incapacity of nominee. Whenever it shall be determined that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the vacancy shall be filled as provided in § 3303 of this tit…

§ 3181. Primary to be held. (a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the fourth Tuesday in April in the calendar year of a presidential election. (b) The requirements of this subcha…

§ 3182. Conduct of election. Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.68 Del. Laws, c. 365, § 1;

§ 3183. Nomination; withdrawal. (a) Notification of candidacy shall be no later than the sixtieth day before the day of the presidential primary election. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification shall be the next day that i…

§ 3184. Candidates for presidential election. A candidate shall be eligible for the presidential primary election if: (1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from…

§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner. Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may p…

§ 3186. Delegate and alternate delegate commitments; authorization required; petitions. Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.

§ 3187. Filing requirements. A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political p…

§ 3188. Nomination of delegates and alternate delegates; qualifications. Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.

§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation. The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with § 3124(b) of this title. In any presiden…