Title 15, Elections

§ 2063. Pickup and return of materials. (a) The entity shall pick-up the voter registration applications, forms and other required materials as directed by the State Election Commissioner. (b) An entity conducting a voter registration drive shall deliver all completed application…

§ 2064. Procedures. (a) Entities conducting voter registration shall account for the disposition of every application provided by the Department of Elections or the office of the State Election Commissioner by application number. The State Election Commissioner shall promulgate p…

§ 2065. Application date. Upon receipt of the applications at the Department of Elections or at the office of the State Election Commissioner, the applications shall be stamped by the agency’s time stamp. The date the applications are received in the office of the State Election …

§ 2101. Right to appeals; person entitled. (a) From the decision of the Department or the registration officers granting or refusing registration or removing or refusing to remove names from the registration records, any person interested or any member of such Department or any r…

§ 2102. Notice of appeal. (a) In order to prosecute an appeal, the person taking the same shall notify the Department or registration officers of the decision from which the appeal is taken and also the person affected by the appeal, stating in the notice the time when the appeal…

§ 2103. Notice of appeal to correct name; correction by judge. Any person applying to the court to have any name appearing in any manner incorrectly in the Election District Record for such person’s election district to be corrected shall give notice as provided in this chapter t…

§ 2104. Manner of giving notice; time; proof. (a) All notices required to be served upon any person by this chapter shall be in writing and shall be served personally or by registered mail, return receipt requested, addressed to the person’s address that appears in the County Mas…

§ 2105. Affidavit of appellant. No appeal shall be received and acted upon by the court unless the appellant shall at the time of presenting that appellant’s appeal also make and file therewith an affidavit that notice of that appellant’s intention to present the appeal on the da…

§ 2106. Disposition of appeals. In the event any appeal is taken or any appeal remains undetermined within the period of 30 days before the date of the general election, the court shall give priority to any such appeal over any other business before the court, and the court shall…

§ 2107. Limit on appeals presenting the same issue. Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the court which presents the same or substantially the same issue as has already been determined in a prior appeal.45 Del. Laws, c. 148, § 35;…

§ 2108. Duty of registration officers to attend appeals. The registration officers of an election district shall attend and be present at all hearings of which they had notice, before the court sitting for that purpose, of appeals which have been taken from their decision.21 Del.…

§ 2109. Alternate registrars. All the powers and duties conferred or enjoined upon registration officers by this chapter are expressly made the powers and duties of all alternate registration officers in the absence of any registration officer from that registration alternate off…

§ 2110. Order by court. The court hearing any appeal shall order and direct the Department to make such entries in the registration records as the law and the facts shall warrant.21 Del. Laws, c. 36, § 16; Code 1915, § 1637; 34 Del. Laws, c. 106, § 1; Code 1935, § 1724; 15 Del. C…

§ 2111. Finality of decisions. The decision of the court on any appeal provided for in this chapter shall be final.Code 1935, § 1744; 45 Del. Laws, c. 145, § 15; 15 Del. C. 1953, § 2111; 50 Del. Laws, c. 171, § 1;

§ 2112. Costs. The person who makes the affidavit taking such appeal shall pay all the costs of the appeal if the appeal is finally dismissed. The costs shall be fixed by the court and taxed upon the appellant at the time of such dismissal.Code 1915, § 1637; 37 Del. Laws, c. 117,…

§ 2113. Registration appeal dockets. (a) The Department shall provide books of permanent record to be known as “registration appeal dockets,” in which a permanent record shall be made and preserved of all registration appeals made to, and acted upon by, the court hearing registra…

§ 2114. Timing of appeal. Notwithstanding the sections of this chapter, any person who asserts that he or she properly registered but has been denied the right to vote may appeal such denial to the court up to and including the day of the election.73 Del. Laws, c. 34, § 6; 70 Del…

§ 2301. Neglect of duty; corrupt or fraudulent conduct; penalty. Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of such duty shall be fined not more …

§ 2302. Wrongful registration; assault; riot; breach of peace; penalty. Whoever causes or attempts to cause himself or herself to be registered in: (1) The name of any other person living or dead or under any fictitious name; or (2) Any election district in this State, knowing th…

§ 2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies; penalty. (a) Whoever, being a registrar, alternate registrar or assistant registrar: (1) Fraudulently enters or permits to be entered…

§ 2304. Alcoholic liquor in registration places; penalty. Whoever, during the sitting of the registration officers in any election district in this State, brings, takes, orders or sends into, or attempts to bring, take or send into, any place of registration any alcoholic liquor,…

§ 2305. Intimidation of registration officers; penalty. If any person, firm, corporation or employer existing or doing business in this State hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed a registration officer under…

§ 2306. Notice to Attorney General of violations of registration laws. The Department shall notify the Attorney General of all violations of the registration laws.45 Del. Laws, c. 144, § 9; 45 Del. Laws, c. 148, § 9; 45 Del. Laws, c. 149, § 9; 15 Del. C. 1953, § 2306; 49 Del. Law…

§ 2307. Unauthorized entering of registration area; interference with registration; penalty. (a) Whoever, not being a registration officer or other department of elections personnel, enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours …

§ 2308. Failure to file financial disclosure. The Commissioner upon receiving notice pursuant to § 5815(c) of Title 29 that a candidate for state office has violated subchapter II, Chapter 58 of Title 29, shall publish such candidate’s name on the Department of Elections website …

§ 3001. Political parties. No political party shall be listed on any general election ballot unless, 21 days prior to the date of the primary election, there shall be registered in the name of that party a number of voters equal to at least 1 0/1 0 0 of 1 percent of the total num…

§ 3002. Unaffiliated candidates. (a) No person shall qualify to appear on the general election ballot of this State as a candidate unaffiliated with a political party unless such person fulfills the requirements of this chapter and is so certified by the State Election Commission…

§ 3003. County ballots. The Department shall not list a political party on any ballot within the county unless at least 1 candidate for that political party qualifies to appear on at least 1 ballot in the county.74 Del. Laws, c. 411, § 20; 79 Del. Laws, c. 275, § 50;

§ 3101. Nomination, withdrawal, and primary election dates. The following schedule applies for all candidates: (1) Notification of candidacy shall be on or before 12:00 noon of the second Tuesday in July. (2) Such notification of candidacy may be withdrawn on or before 4:30 p.m. …

§ 3101A. Direct primary elections. The nominations of candidates by all major political parties for all offices to be decided at a general election shall be conducted by direct primary. All such primaries shall be conducted by the Department under the applicable provisions of thi…

§ 3102. Primary elections in all districts to be held on same day. The primary elections for major political parties shall be held in the various districts on the same day as elsewhere provided in this title.20 Del. Laws, c. 393, § 2; 27 Del. Laws, c. 66, § 1; Code 1915, § 1679; …

§ 3103. Filing fees. (a) Filing fees for primary election for candidates for any office of any political party shall be set in the following manner: (1) Candidates for statewide office shall be set by the state executive committee of the respective political party; (2) Candidates…

§ 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…