Title 15, Elections

§ 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…

§ 3190. Polling places; voting machines; election officers. The Department of Elections: (1) May combine all election districts voting at a location into a single voting district; (2) May combine other election districts as necessary for the efficient conduct of the election; (3)…

§ 3301. Certificates of nomination. (a) Candidates for political parties who must file for election in accordance with § 3101 of this title, and who either receive the majority vote at the subsequent primary election or are unopposed in the party for the office for which the cand…

§ 3302. Party title, figure or device. (a) The certificates of nomination shall designate a title for the party which the convention or committee represents, together with any simple figure or device by which its lists of candidates may be designated on the ballot. The figure or …

§ 3303. Time of filing certificates. (a) (1) Except as provided under paragraphs (a)(2) and (a)(4) of this section and §§ 3002(b) and 3301(e) of this title, a certification of nomination must be filed before the close of the official business day on or before September 1 of the y…

§ 3304. Duties of State Election Commissioner. (a) The State Election Commissioner, upon receiving the certificates of the several party conventions or committees, or any supplemental certificate, of the respective nominations of the candidates for electors of President and Vice-…

§ 3305. Preservation of certificates for 6 months. The State Election Commissioner and the Department shall cause to be preserved in their respective offices all certificates of nomination filed under this chapter for 6 months after the date of filing thereof.19 Del. Laws, c. 37,…

§ 3306. Supplemental certificates of nomination. (a) Whenever it shall be determined, subsequent to the dates specified in §§ 3301 and 3303 of this title, that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, th…

§ 3307. Publication of candidates. Repealed by 77 Del. Laws, c. 227, § 45, effective Feb. 1, 2010.

§ 3308. Penalties. Whoever: (1) Falsely makes or fraudulently defaces or fraudulently destroys any certificate of nomination or any part thereof; or (2) Files any certificate of nomination, knowing the same or any part thereof to be falsely made; or (3) Suppresses any certificate…

§ 3401. Write-in candidates in general. Except as otherwise provided in this title, if the name of the person for whom a voter desires to vote does not appear on a general or special election ballot, the voter may write in the name of that person.76 Del. Laws, c. 315, § 1;

§ 3402. Write-in candidates for a general election. (a) Superior Court shall only count a write-in vote for a person who has declared oneself a write-in candidate for the office for which that person was written-in in accordance with this chapter. Superior Court shall count a wri…

§ 3403. Forms. The State Election Commissioner, in collaboration with the Department offices, shall promulgate the Write-in Candidate Declaration and the withdrawal form.76 Del. Laws, c. 315, § 1; 77 Del. Laws, c. 227, § 2; 82 Del. Laws, c. 170, § 12;

§ 3404. Write-in candidate lists. Each Department office shall issue at least 2 copies of the list of declared write-in candidates for each office on a ballot in the county to the election officers at each election district in the county. The election officers shall post 1 copy o…

§ 3405. Write-in candidates for a special election. Section 3402 of this title shall apply for a special election except that a person shall file that person’s Write-in Candidate Declaration no later than the eighth day prior to the date of the election and may not withdraw that …

§ 4101. Residency requirements for candidates. The residency requirements for candidates for elective office shall be as set forth in the municipal charter, state statute or state Constitution governing the qualifications of candidates for elective office in the city, county, are…

§ 4102. Election districts; boundaries. The boundaries of the election districts in each county shall be established and designated by the department of elections for the county, subject to the limitations in this chapter.Code 1935, § 1750; 46 Del. Laws, c. 315, § 1; 15 Del. C. 1…

§ 4103. Division of election districts. (a) The Department may divide such of the election districts, and such only, as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each election district so …

§ 4104. Notice of change of election district boundaries in New Castle County. Repealed by 61 Del. Laws, c. 480, § 7, effective July 11, 1978.