Title 15, Elections

§ 7523. Certificates of nomination. The nominations made under this subchapter for the various offices of the City of Wilmington, together with the name of the party and its device, shall be certified to the Department by the presiding officer and secretary of each political part…

§ 7524. Title and device of party. No party shall use the name of another party appearing anywhere on the ballot either in whole or in part, or any variation thereof, in its own title. The words “Independent” or “Decline,” being terms employed in this title, or any variation ther…

§ 7525. Ballots. The names of the candidates for the Mayor, Council, and other officers of the City of Wilmington must be printed on the single ballot as prescribed by § 4501 of this title and to meet the requirements of §§ 5001 through 5003, 5005, 5006, 5010, 5012, and 5014 of t…

§ 7526. Supplemental certificates of nomination. Supplemental certificates of nomination for offices of the City of Wilmington shall be issued as prescribed in § 3306 of this title.15 Del. C. 1953, § 7526; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 390, § 7; 58 Del. Laws, c. 148, …

§ 7527. Contest of election. If any candidate for any of the offices before mentioned shall choose to contest the right of any person claiming to have been elected to said office, the causes for such contests and all of the other provisions now set out in §§ 5941-5955 of this tit…

§ 7528. General provisions. All of the provisions of this title pertaining to elections, including registration of voters, Chapters 11, 13, 17, 19, 20, 21, and 23, primary elections and nomination of candidates, Chapters 31 and 33, general elections, Chapters 41, 45, 47, 49, 51, …

§ 7540. Date for election. (a) Upon the enactment of a county ordinance pursuant to § 101A(a)(2)c. of Title 22, for a proposed annexation of territory by the City of Wilmington, and its approval by the County Executive pursuant to § 101A(a)(2)d. of Title 22, the County Council, b…

§ 7541. Contents of notice of special election. The special election shall be held on the date fixed by County Council pursuant to § 7540 of this title and shall be previously advertised by publishing a notice in a newspaper published within the County and having a general circul…

§ 7542. Place, time and manner of voting; duties of Clerk of the Peace. (a) The special election shall be held in the building in which is situated the offices of the Clerk of the Peace. The polls shall be open from 9:00 a.m. to 6:00 p.m. on the day of the special election and vo…

§ 7543. Qualified voters; voting list. (a) The following shall be considered qualified voters for a special election held with respect to an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington and shall be entitled to vote in such election as provided h…

§ 7544. Certification of result of special election; retention of ballots. No later than 3 days after the holding of the special election, the judge of the election shall tabulate the ballots and certify the result to the County Council and to the Wilmington City Council under th…

§ 7545. Alternative approval procedure when only 1 qualified voter exists. If only 1 qualified voter in the territory exists for the purpose of determining whether an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington shall be approved, notwithstanding…

§ 7546. Definitions. For the purposes of this subchapter, the following terms shall have the meanings described herein: (1) “Clerk of the Peace” shall mean the Clerk of the Peace for New Castle County. (2) “County” shall mean New Castle County. (3) “County Council” shall mean the…

§ 7550. General. (a) Subchapters IV and V of this chapter shall not apply to elections for the City of Wilmington, referenda, or annexation elections. (b) Provisions of municipal charters or ordinances inconsistent with the provisions of subchapters IV and V of this chapter shall…

§ 7551. Boards of Election; appointment, authority. (a) A Board of Elections shall be appointed as provided in the municipality’s charter or code and shall oversee the election of the municipality’s government. (b) Members of municipal Boards of Elections shall be qualified elect…

§ 7552. Complaint procedure; pre-election activity. (a) A citizen of the municipality may submit a written complaint, regarding any aspect of pre-election activity that is contrary to the provisions of subchapters IV and V of this chapter, to the municipality’s Board of Elections…

§ 7553. Notices; posting; publishing; deadlines, election calendar. (a) For each election of members of the municipal government, a municipality shall post a Notice of Election conspicuously within the municipality no later than 20 days prior to the date of the election. Such not…

§ 7554. Voter eligibility. (a) Voter eligibility shall be as specified within the town charter; provided however, that in no event shall a municipality impose a durational residency requirement in excess of 30 days. (b) A municipality that uses the State’s Voter Registration Syst…

§ 7555. Candidates; eligibility; declaration of candidacy. (a) Candidate eligibility shall be established in the town charter. (b) The procedure for declaration of candidacy shall be established in the town charter or by ordinance. (c) Unless otherwise specified in the town chart…

§ 7556. Election Officers; appointment; responsibilities; training. Unless otherwise provided by town charter or code: (1) The municipality shall have sufficient Election Officers to conduct the elections. (2) The Inspector shall be the chief Election Officer in the polling place…

§ 7557. Conduct of the election. (a) The Department of Elections shall make available training for Election Officers prior to each election on the operation of the voting machine and Election Day procedures, and provide each Election Officer and Board of Elections member a copy o…

§ 7557A. Complaint procedure; unlawful election activity altering result of election. (a) A citizen of a municipality may submit a written complaint to the State Election Commissioner regarding any aspect of that municipality’s election activity that is contrary to state or feder…

§ 7558. Election results; recounts; contests. (a) A person certified as being elected shall not take office before the seventh day following certification of the election. (b) The municipal Board of Elections shall announce the results of an election as soon as possible following…

§ 7559. Transition. (a) This subchapter shall apply to elections held after June 30, 2007. (b) The State Election Commissioner shall promulgate all forms required by 75 Del. Laws, c. 342 by April 30, 2007.75 Del. Laws, c. 342, § 2; 76 Del. Laws, c. 52, § 1; 77 Del. Laws, c. 227, …

§ 7560. Transition [Transferred]. Transferred to § 7559 of this title by 76 Del. Laws, c. 52, § 1, effective June 26, 2007.

§ 7570. Purpose of subchapter; scope. It is the purpose and intent of the General Assembly in enacting this subchapter to provide those qualified electors of municipalities governed under subchapter IV of this chapter who are unable to appear at a municipal election to cast their…

§ 7571. Persons eligible to vote by absentee ballot. Any person qualified under the provisions of a municipal charter to vote by absentee ballot in any municipal election held in that municipality (“elector”) may vote by absentee ballot for any reason authorized by that municipal…

§ 7572. Request for ballot; statement for absentee ballots; delivery of absentee ballots. (a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the municipality where the elector is quali…

§ 7573. Distribution of ballots, envelopes, and instructions; envelope specifications; prepaid postage. (a) Upon receipt of a statement from an elector pursuant to § 7572 of this title, the municipality shall process the same and confirm that the elector qualifies for an absentee…

§ 7574. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit of eligibility. (a) The municipality shall provide to each elector to whom it sends an absentee ballot an envelope which shall be: (1) A color other than white; (2) Large enough …

§ 7575. Voting procedure; execution of affidavit; return of ballot. The procedure for completing an absentee ballot and returning it to the municipality is as follows: (1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it …

§ 7576. Time limit for return of ballot; late ballots. (a) Each municipality shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received by the municipality. (b) Notwithstanding any other provision of this chapter, for an absentee ballot to …

§ 7577. Procedure on receipt of ballot envelope by municipality. (a) Upon receipt of a ballot envelope the municipality, or a person authorized by the municipality, shall: (1) Ascertain the names of each elector as they appear on the face of each ballot envelope; (2) Ascertain fr…

§ 7578. Counting procedure for absentee ballots. At any time between the opening and the closing of the polls on an election day, absentee election judges selected by a municipality’s board of elections, shall count absentee ballots at a properly noticed public meeting in the mun…

§ 7579. Preparing absentee ballots to be counted. Notwithstanding any other provision of this chapter, the board of election of any municipality may open absentee ballot envelopes in a public meeting in order to prepare them to be counted. Such meeting shall take place, upon prop…

§ 7580. Carrier envelope specifications; carrier envelopes as ballot boxes. (a) The municipality shall purchase envelopes to be used as carrier envelopes, which shall be security mailing envelopes, designed to securely protect the contents thereof from tampering, removal, or subs…

§ 7581. Challenges. (a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters. (b) In addition, the vote of an absentee voter may be challenged: (1) On the ground that …

§ 7582. Rejected ballots. (a) No vote shall be accepted or counted if: (1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or (2) The absentee voter is not a duly qualified elector entitled to vo…

§ 7583. Validity of absentee voter’s ballot for wrong municipal election district. If an absentee voter marks and returns an absentee ballot for a municipal election district other than the 1 of which the absentee voter is a duly registered elector, such ballot, because thereof, …

§ 7584. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers. If any request for an absentee ballot and accompanying envelopes, or any marked ballot of any such elector are addressed to and returned to any official other than the…

§ 7585. File of absentee voters. (a) The municipality shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries: (1) The name …