Title 15 — Elections

§ 1703. Duty of officers to notify Department of facts suggesting voter disqualification. The clerk or prothonotary of any court in this State having jurisdiction of felonies shall, when a person is convicted of a crime deemed by law a felony, notify immediately the Department an…

§ 1704. Identification of persons who are no longer eligible to vote, establishment of an “inactive state,” cancellation of registration and provision for reregistration. (a) The Department may use a list of persons registered to vote in Delaware and who are registered to vote in…

§ 1705. Cancellation of registration of persons reported as deceased. (a) The State’s Office of Vital Statistics shall send each month to the Department and to the State Election Commissioner a complete and accurate file or list of each person 16 years of age or older who has bee…

§ 1706. Motion to remove a name from registration records; procedure; entries in records as to such motion. Repealed by 75 Del Laws, c. 232, § 15, effective Feb. 1, 2006.

§ 1707. Cancellation of registration due to a registrant having moved to another state. (a) The Department shall consider notification from another state, election jurisdiction or election official that a person registered to vote in Delaware has applied to register to vote or wh…

§ 1708. Correction of errors. (a) Department personnel, upon approval of the appropriate supervisor, may correct errors on a person’s voter registration record as necessary to maintain a complete and accurate voter registration list. (b) The State Board of Elections shall approve…

§ 1709. Reregistration unnecessary upon change in election district boundary. Any elector whose name appears as a registered voter in an election district affected by a change of boundary shall not be required to reregister because of the change in election districts arising from…

§ 1710. Notice of change of election district boundary. When the boundaries of any election district have been changed, the Department shall notify each of the affected voters by mail.15 Del. C. 1953, § 1710; 57 Del. Laws, c. 181, § 31; 58 Del. Laws, c. 215, § 13; 79 Del. Laws, c…

§ 1711. Notice by registered or certified mail. Repealed by 75 Del Laws, c. 232, § 18, effective Feb. 1, 2006.

§ 1901. Eligibility. (a) A Delaware citizen absent from the State, not registered to vote in another state and eligible to vote in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) [52 U.S.C. § 20301 et seq.] as amended shall be permitted to…

§ 1902. Application by persons eligible to register to vote under the provisions of this chapter. (a) A citizen and permanent resident of the State of Delaware who maintains a residence in the State may submit a State of Delaware Voter Registration Application or any registration…

§ 1903. Late registration procedures for military and overseas citizens. A citizen who has been discharged or separated from a uniformed service, the Merchant Marine or from employment outside of the territorial limits of the United States too late to register to vote for a prima…

§ 1904. Special registration and other election services to uniformed service members. (a) The Department shall upon request from the appropriate authority assist members of the State’s National Guard and members of reserve units headquartered in the State of Delaware to register…

§ 1905. Law applicable. All the provisions in this title relating to registration of voters in general, as provided by law, shall apply as far as pertinent to this chapter.75 Del. Laws, c. 232, § 19;

§ 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;

§ 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;