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Delaware Statutes, Title 15

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Delaware/Statutes

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Title 15, Elections

39 chapters · 638 sections in this title.

All chapters in Title 15638 Ch 31, PRIMARY ELECTIONS51 Ch 75, MUNICIPAL ELECTIONS45 Ch 51, CRIMINAL OFFENSES44 Ch 20, REGISTRATION OFFICERS AND MOBILE REG…42 Ch 49, CONDUCT OF ELECTION40 Ch 59, CONTESTED ELECTIONS31 Ch 80, CAMPAIGN CONTRIBUTIONS AND EXPENDITURES30 Ch 55, Absentee Voting28 Ch 2, Department of Elections22 Ch 56, Voting by Mail21 Ch 56a, Voting by mail ballot [For applicati…20 Ch 43, Presidential Electors; United States…19 Ch 77, Convention to Act Upon Amendments to…19 Ch 50, Electronic Voting Systems17

638 sections·Filtered byTitle 15✕

15 Del. C. § 4105. Composition of election districts.
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§ 4105. Composition of election districts. (a) The Department shall create election districts consisting of a minimum of 500 registered voters and a maximum of 3000 registered voters, except where such composition would cause a conflict with representative, senatorial or councilm…
15 Del. C. § 4106. Voting places.
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§ 4106. Voting places. Repealed by 74 Del. Laws, c. 411, § 21, effective Aug. 5, 2004.
15 Del. C. § 4107. Maps at each polling place.
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§ 4107. Maps at each polling place. Transferred.
15 Del. C. § 4108. Candidates for election.
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§ 4108. Candidates for election. For state and/or county offices, no person shall simultaneously be a candidate for election to 2 or more different offices, nor may a person simultaneously be a candidate for election for 2 or more different political parties.79 Del. Laws, c. 202,…

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15 Del. C. § 4300A. Adoption of the Agreement Among the States to Elect the President by National Popular Vote [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4300A. Adoption of the Agreement Among the States to Elect the President by National Popular Vote [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. This State hereby enters into the Agreement Among the States to Elect …

15 Del. C. § 4301. Presidential electors; election.

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§ 4301. Presidential electors; election. Electors of a President and Vice-President of the United States must be chosen at the general election held in the year of a presidential election. The election of the electors must be conducted in the same places, manner, and form and by …

15 Del. C. § 4301A. Article I; membership [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4301A. Article I; membership [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.82 Del. Laws, …

15 Del. C. § 4302. Proclamation of number to be chosen.

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§ 4302. Proclamation of number to be chosen. The Governor in October next preceding every election of presidential electors shall by proclamation make known the number of presidential electors to be chosen and the day of the election.Code 1852, § 400; Code 1915, § 1857; Code 1935…

15 Del. C. § 4302A. Article II; right of the people in member states to vote for President and Vice President [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4302A. Article II; right of the people in member states to vote for President and Vice President [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. Each member state shall conduct a statewide popular election for Presid…

15 Del. C. § 4303. Meeting and voting of electors.

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§ 4303. Meeting and voting of electors. (a) The electors chosen or appointed in this State for the election of a President and Vice President of the United States shall meet and give their votes at Dover on the day determined by Congress for that purpose. (b) In all cases, an ele…

15 Del. C. § 4303A. Article III; manner of appointing presidential electors in member states [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4303A. Article III; manner of appointing presidential electors in member states [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. (a) Prior to the time set by law for the meeting and voting by the presidential electors…

15 Del. C. § 4304. Substitute electors [Repealed].

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§ 4304. Substitute electors [Repealed].Code 1852, § 409; Code 1915, § 1866; Code 1935, § 1985; 15 Del. C. 1953, § 4304; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 44, § 1, effective June 9, 2023.;

15 Del. C. § 4304A. Article IV; other provisions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4304A. Article IV; other provisions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. (a) This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreeme…

15 Del. C. § 4305. Clerk of electors; compensation.

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§ 4305. Clerk of electors; compensation. The electors may employ a clerk, who shall receive for that clerk’s own services the sum of $10.Code 1852, § 410; Code 1915, § 1867; Code 1935, § 1986; 15 Del. C. 1953, § 4305; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 44, § 1;

15 Del. C. § 4305A. Article V; definitions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4305A. Article V; definitions [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. For purposes of this agreement: (1) “Chief executive” shall mean the Governor of a state of the United States or the Mayor of the District…

15 Del. C. § 4306. Compensation of electors and clerk.

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§ 4306. Compensation of electors and clerk. The electors respectively shall receive for attendance and travel the same compensation as members of the General Assembly, to be paid, as also the compensation of the clerk, by the State Treasurer on a warrant signed by the electors ou…

15 Del. C. § 4306A. Effect; State Election Commissioner duties [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6].

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§ 4306A. Effect; State Election Commissioner duties [Applicable upon notice that this chapter governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. (a) The State Election Commissioner shall provide written notice to the Registrar of Regulations that is published in …

15 Del. C. § 4307. United States Senator.

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§ 4307. United States Senator. A Senator from this State in the Senate of the United States shall be chosen by election at the general elections held in 1954 and in every sixth year thereafter and in 1958 and in every sixth year thereafter. The election of a United States Senator…

15 Del. C. § 4308. Representative in Congress.

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§ 4308. Representative in Congress. A Representative for the people of this State in the Congress of the United States shall be chosen at the biennial general election. The election of a Representative in Congress shall be conducted in the same places, manner and form and by the …

15 Del. C. § 4309. Governor and Lieutenant Governor; joint election.

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§ 4309. Governor and Lieutenant Governor; joint election. Repealed by 61 Del. Laws, c. 480, § 9, effective July 11, 1978.

15 Del. C. § 4310. Qualifications of voters.

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§ 4310. Qualifications of voters. All citizens of this State having the right to vote for representatives in the General Assembly are qualified to vote for presidential electors, United States Senator and Representative in Congress.Code 1852, § 398; Code 1915, §§ 1855, 1889; Code…

15 Del. C. § 4321. Short title.

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§ 4321. Short title. This subchapter may be cited as the “Uniform Faithful Presidential Electors Act.”84 Del. Laws, c. 44, § 2;

15 Del. C. § 4322. Definitions.

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§ 4322. Definitions. For purposes of this chapter: (1) “Cast” means accepted by the Secretary of State in accordance with § 4327(b) of this title. (2) “Elector” means an individual selected as a presidential elector under this chapter. (3) “President” means President of the Unite…

15 Del. C. § 4323. Designation of State’s electors.

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§ 4323. Designation of State’s electors. For each elector position in this State, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the Secretary of State and State Election Commissioner the names of 2 qualified individuals. One…

15 Del. C. § 4324. Pledge.

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§ 4324. Pledge. Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: “If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the…

15 Del. C. § 4325. Certification of electors.

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§ 4325. Certification of electors. In submitting this State’s certificate of ascertainment as required by 3 U.S.C. § 5, the Governor shall certify this State’s electors and state in the certificate all of the following: (1) That the electors will serve as electors unless a vacanc…

15 Del. C. § 4326. Presiding officer; elector vacancy.

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§ 4326. Presiding officer; elector vacancy. (a) The Secretary of State shall preside at the meeting of electors described in § 4327 of this title. (b) The position of an elector not present to vote is vacant. The Secretary of State shall appoint an individual as a substitute elec…

15 Del. C. § 4327. Elector voting.

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§ 4327. Elector voting. (a) At the time designated for elector voting and after all vacant positions have been filled under § 4326 of this title, the Secretary of State shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elect…

15 Del. C. § 4328. Elector replacement; associated certificates.

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§ 4328. Elector replacement; associated certificates. (a) After the vote of this State’s electors is completed, if the final list of electors differs from any list that the Governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. § 5,…

15 Del. C. § 4329. Uniformity of application and construction.

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§ 4329. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.84 Del. Laws, c. 44, § 2;

15 Del. C. § 4401-4408. Registration qualifications; time of registration; place of registration; records; method of registration; place of voting; eligibility for absentee voting; voting officials; voting procedure; tallying and recording of vote [Repealed].

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§§ 4401-4408. Registration qualifications; time of registration; place of registration; records; method of registration; place of voting; eligibility for absentee voting; voting officials; voting procedure; tallying and recording of vote [Repealed]. Repealed by 75 Del Laws, c. 23…

15 Del. C. § 4501. Single ballot for all candidates.

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§ 4501. Single ballot for all candidates. There shall be a single ballot for Presidential, Vice-Presidential, state, county and district candidates.Code 1915, § 1725; Code 1935, § 1811; 43 Del. Laws, c. 129, § 1; 44 Del. Laws, c. 119, § 1; 47 Del. Laws, c. 149, § 1; 15 Del. C. 19…

15 Del. C. § 4502. Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].

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§ 4502. Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. (a) (1) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with th…

15 Del. C. § 4503. Creating ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].

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§ 4503. Creating ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. The Department shall create the ballots to be used in the voting devices and print or cause to have printed sufficient mail and absentee ballots for any election conducted by the Department…

15 Del. C. § 4504. Envelopes for ballots and other election supplies; obtaining and packaging.

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§ 4504. Envelopes for ballots and other election supplies; obtaining and packaging. Repealed by 77 Del. Laws, c. 227, § 50, effective Feb. 1, 2010.

15 Del. C. § 4505. Substitution of candidate’s name after creation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6].

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§ 4505. Substitution of candidate’s name after creation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]. Whenever a supplemental certificate of nomination is filed naming a substitute candidate, as elsewhere provided in this title, the Department shall…

15 Del. C. § 4506. Tally sheets [Repealed].

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§ 4506. Tally sheets [Repealed].21 Del. Laws, c. 38, § 5; Code 1915, § 1744; Code 1935, § 1833; 15 Del. C. 1953, § 4511; 49 Del. Laws, c. 294, § 9; 58 Del. Laws, c. 148, § 49; 77 Del. Laws, c. 227, § 51; 79 Del. Laws, c. 275, § 67; repealed by 82 Del. Laws, c. 170, § 17, effectiv…

15 Del. C. § 4507. Sheet containing oaths of election officers, certificate of qualification, laws.

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§ 4507. Sheet containing oaths of election officers, certificate of qualification, laws. Repealed by 77 Del. Laws, c. 227, § 52, effective Feb. 1, 2010.

15 Del. C. § 4508. Certificates of the vote cast in each election district [Transferred].

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§ 4508. Certificates of the vote cast in each election district [Transferred]. Transferred to § 5010 of this title by 85 Del. Laws, c. 313, § 6, effective June 24, 2026.

15 Del. C. § 4509. Materials and supplies necessary to conduct the election.

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§ 4509. Materials and supplies necessary to conduct the election. (a) The county director or deputy county director of each county office shall furnish the necessary materials, voter information, and supplies expected to enable conduct of the election to each election district. T…

15 Del. C. § 4510 , 4511. Supplies for election officers; custody of records and supplies; maps and lists of election districts; reuse of election supplies.

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§§ 4510, 4511. Supplies for election officers; custody of records and supplies; maps and lists of election districts; reuse of election supplies. Repealed by 77 Del. Laws, c. 227, § 55, effective Feb. 1, 2010.

15 Del. C. § 4512. Polling places; designation and preparation.

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§ 4512. Polling places; designation and preparation. (a) The Department shall designate and procure for each election district in its county a polling place. (b) The Department shall designate only conveniently located and readily accessible polling places for each election distr…

15 Del. C. § 4513. Substitute polling places.

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§ 4513. Substitute polling places. If at any time it becomes impracticable to hold an election in the public building designated by the Department for any election district or districts, the Department may designate another public building as near as can be conveniently obtained …

15 Del. C. § 4514. Expenses of general election.

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§ 4514. Expenses of general election. Except where otherwise provided by statute, all necessary costs and expenses incurred in carrying into effect Part IV of this title shall be paid by the State.27 Del. Laws, c. 65, § 34; Code 1915, §§ 1675, 1815; 38 Del. Laws, c. 88, § 1; Code…

15 Del. C. § 4515. Payment procedures.

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§ 4515. Payment procedures. The Department following an election conducted under this title shall ascertain the amount due to each election officer for that election officer’s service and promptly pay them. The Department may combine the pay for a primary and a general election. …

15 Del. C. § 4516. Use of prerecorded or automated voice message.

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§ 4516. Use of prerecorded or automated voice message. [Transferred to 15 Del. C. § 8045A of this title by 82 Del. Laws, c. 170, § 18, effective July 30, 2019.]77 Del. Laws, c. 280, § 1; 82 Del. Laws, c. 170, § 18;

15 Del. C. § 4701. Appointment; term [Repealed].

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§ 4701. Appointment; term [Repealed].19 Del. Laws, c. 39, § 3; 20 Del. Laws, c. 393, § 10; 21 Del. Laws, c. 40, § 3; 21 Del. Laws, c. 41, § 1; Code 1915, §§ 1665, 1666, 1717; 37 Del. Laws, c. 119; Code 1935, §§ 1752, 1753, 1806; 42 Del. Laws, c. 115, §§ 6, 7; 43 Del. Laws, c. 128…

15 Del. C. § 4702. Appointment of election officers.

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§ 4702. Appointment of election officers. The Department may appoint election officers to serve in the polling places.67 Del. Laws, c. 354, § 25; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 46; 79 Del. Laws, c. 275, § 72; 82 Del. Laws, c. 170, § 20;

15 Del. C. § 4703 , 4704. Oath of office for election officers; certificate of appointment.

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§§ 4703, 4704. Oath of office for election officers; certificate of appointment. Repealed by 75 Del. Laws, c. 232, § 47, effective Feb. 1, 2006.

15 Del. C. § 4705. Removal from office.

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§ 4705. Removal from office. The Department may remove from office any inspector or judge of election or clerk appointed by it for want of requisite qualifications or for cause. Such removal, unless made while such person is actually on duty on a day of election and for improper …