Title 15 — Elections

§ 5711. Electors for President and Vice President; announcements and certifications of election [Effective if Chapter 43A of this title governs a U.S. presidential election; see 82 Del. Laws, c. 7, § 6]. The Governor is the chief election official under § 4305A(3) of this title a…

§ 5712. Representative in the Congress of the United States; announcement and certification of election. The Governor, after receiving the certificates, under the seal of the Superior Court, of the results of the election in each county for Representative in the Congress of the U…

§ 5713. United States Senator; announcement and certification of election; form. (a) The Governor, after receiving the certificates under the seal of the Superior Court, of the results of the election in each county for Senator from this State in the Senate of the United States, …

§ 5714. Costs. All necessary costs and expenses incurred in carrying out the duties of this chapter including compensation of all personnel involved shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated.15 Del. C. 1953, § 5717; 57 D…

§ 5715. State senatorial or representative districts. (a) The Court shall calculate the total votes given for the candidates for Senator or Representative to the General Assembly where the senatorial or representative district is located in 2 or more counties as follows: (1) For …

§ 6101. Statement of purpose. The Constitution of the State provides that certain persons who previously lost voting rights because of a felony conviction shall be permitted to vote. It is the purpose of this chapter to provide a procedure whereby such persons may register to vot…

§ 6102. Definitions. (a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Disqualifying felony” shall mean that type of felony set forth in § 2, article…

§ 6103. Application for registration: felony conviction reviews. (a) The county office of the Department of Elections shall not register any applicant as a qualified voter until it has been determined that such applicant is lawfully eligible to vote. The county office shall, for …

§ 6104. Commissioner’s review of application. (a) If the applicant has been convicted of a felony which is not disqualifying, the State Election Commissioner shall request that the Department of Correction review its records to determine if all sentences of imprisonment and commu…

§ 6105. Cooperation between agencies; waiver of fees. Notwithstanding any statute or other provision to the contrary, in any request for information or any act by the State Election Commissioner under this chapter, fees which would otherwise be assessed for criminal background or…

§ 6106. Rules and regulations. The State Election Commissioner shall promulgate rules and regulations when information regarding an applicant is incomplete or uncertain. These guidelines and standards shall be used to determine whether or not the applicant shall be permitted to r…

§ 6107. Appeals. Any decision by the State Election Commissioner may be appealed to the Superior Court. No person whose registration application has been denied by the State Election Commissioner shall be permitted to register or to vote until the State Election Commissioner or t…

§ 7101. Vacancies in General Assembly; writs of election. Whenever there is a vacancy in either house of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, within 10 days of the creation of the vacancy a writ of election shall be …

§ 7102. Day for holding special election. (a) Except as provided under subsection (b) of this section, the officer issuing the writ shall set the day for holding the special election for the vacancy in the General Assembly, but such day shall not be less than 30 nor more than 35 …

§ 7103. Candidates. (a) The county committee for each political party eligible to place candidates on the general election ballot for the most recent past general election may nominate a candidate for the special election by submitting a nomination to the Department office conduc…

§ 7104. Notices. The Department shall provide notice of the special election as follows: (1) On the next day after receiving a writ of election, unless the same shall be a Sunday or state holiday, and then on the next business day following, the Department shall post a proclamati…

§ 7105. Election officers and polling places. The Department, upon receiving a writ of election, shall appoint sufficient election officers to conduct the election and contract with the usual polling places for the legislative district for which the Department is conducting the s…

§ 7106. General election laws applicable. (a) Every special election in a representative or senatorial district shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner, at the same places and subject to the sam…

§ 7107. Board of canvass. The Superior Court of each county in which a special election is held, as constituted under article V, § 6 of the State Constitution, shall, at 10 a.m. on the second day after such special election, convene and perform its duties, prescribed by such sect…

§ 7108. Term of office of one elected to fill vacancy. The person elected to fill a vacancy in the General Assembly shall hold office for the residue of the term.Code 1852, § 379; Code 1915, § 1816; Code 1935, § 1905; 15 Del. C. 1953, § 7111; 77 Del. Laws, c. 389, § 1;

§ 7109. Costs of special election. All necessary costs and expenses incurred in carrying into effect a special election, unless otherwise provided by the laws of this State, including the compensation of election officers, shall be paid by funds transferred to the Department by t…

§§ 7110-7112. [Reserved].

§ 7701. Date of election of delegates; proclamation. Whenever the Congress of the United States proposes an amendment to the Constitution of the United States and proposes that the same shall be valid when ratified by conventions in three fourths of the several States, the Govern…

§ 7702. Qualification of voters. (a) If the election of delegates is held at the same time as a general election, all persons qualified to vote at such general elections for representatives to the General Assembly of this State shall be entitled to vote. (b) If such election is h…

§ 7703. Registration. (a) If the election of delegates is to be held at a date other than the date of a general election, there shall be 1 or more registration days prior to such election. The Governor shall fix the date or dates of such registration and shall include an announce…

§ 7704. Election, how conducted; results, how ascertained. (a) Except as otherwise provided in this chapter, the election of delegates must be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of electors of President an…

§ 7705. Number and residence of delegates. The number of delegates to be chosen to such convention shall be 17, to be elected from the State at large. Seven of such delegates shall be residents of New Castle County, 5 of such delegates shall be residents of Kent County, and 5 of …

§ 7706. Qualifications of delegates; nomination by petition. Candidates for the office of delegate to the convention shall be citizens and qualified voters of this State. Nominations shall be by petition and not otherwise. A single petition may nominate any number of candidates n…

§ 7707. Determination of nominations. The sixteenth day before the day fixed for the holding of the election of delegates shall be the last day for the filing of nominating petitions with the Department or, if such sixteenth day falls upon a Sunday or a legal holiday, the day fol…

§ 7708. What nominations shall be effective. No nominations shall be effective except those of the 7 candidates from New Castle County in favor of ratification, the 7 candidates from New Castle County against ratification and the 7 candidates from New Castle County not committed …

§ 7709. What nominations shall be effective38 Del. Laws, c. 5, § 8; Code 1935, § 6213; 15 Del. C. 1953, § 7709; 61 Del. Laws, c. 480, § 23; repealed by 79 Del. Laws, c. 275, § 102, eff. July 1, 2015.;

§ 7710. Alternates. Candidates for nomination not nominated as provided in §§ 7706-7708 of this title shall be deemed to be alternates to the nominees in their respective groups in the order of the number of signatures which they have respectively received upon their nominating p…

§ 7711. Printing of ballots; to whom delivered; additional ballots. The Department shall cause to be printed and distributed the ballots for the election of delegates in the quantity and in the manner provided by law for general elections; provided that such ballots as are requir…

§ 7712. Use of separate ballot; form. The election shall be by ballot, separate from any ballot to be used at the same election. Such ballot, if used at a general election, shall be enclosed in the same envelope as the ballot for use at such general election, otherwise each ballo…

§ 7713. Election of nominees; vacancies. The 17 nominees who receive the highest number of votes shall be the delegates to the convention. If there is a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by app…

§ 7714. Meeting of delegates. The delegates to the convention shall meet in the Senate Chamber at the State House in Dover on the twenty-eighth day after their election at 12:00 noon, and shall thereupon constitute a convention to pass upon the question of whether or not the prop…

§ 7715. Election of officers and adoption of rules. The convention may elect its president, secretary and other officers and adopt its own rules.38 Del. Laws, c. 5, § 14; Code 1935, § 6219; 15 Del. C. 1953, § 7715;

§ 7716. Journal of convention. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment.38 Del. Laws, c. 5, § 15; Code 1935, § 6220; 15 Del. C. 1953, § 7716;

§ 7717. Certification of results. (a) After the sense of the majority of the total number of delegates composing the convention is taken upon the question of the ratification of the proposed amendment to the Constitution of the United States, the convention shall certify a resolu…

§ 7718. Compensation of delegates, officers and employees; expenses. Every delegate to the convention shall receive $10 for every day that delegate is in attendance at such convention, not exceeding 3, and in addition thereto, 10 cents for each mile necessarily travelled by the d…

§ 7719. Applicability of act of Congress. If at or about the time of submitting any such amendment, Congress shall, either in the resolution submitting the same or by a statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the prov…