Title 15, Elections

§ 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…

§ 7301. Special election to fill vacancy. Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States, an election shall be held to fill such vacancy on such day as the Governor shal…

§ 7302. Time of election; general election. It shall be in the discretion of the Governor whether to appoint a day for holding elections under this chapter, before the day of holding the general election next after the happening of a vacancy, and, if the day of holding the genera…

§ 7303. Writs of election. The Governor shall issue writs of election to the Department reciting the vacancy and commanding the Department to cause an election to be held in its county on the day mentioned in the writ, at the place by law prescribed for holding the general electi…

§ 7304. Notice to the public. The State Election Commissioner shall within 10 days after issuance of the writ advertise by suitable news media or by publishing the same each day for at least 3 days in 1 or more daily newspapers printed in each county or, if no daily newspaper is …

§ 7305. Nomination of candidates. (a) Political parties with at least 1/10 of 1 percent of registered voters in the State as of the last day of the month before the day the Governor issued the writ may nominate a candidate for the election. (b) Parties nominating a candidate shal…

§ 7306. Conduct of special election. Notwithstanding the provisions of this subchapter, a special election for Representative in Congress shall be conducted in the same manner and form and under the same regulations in all respects as a special election to supply a vacancy in eit…

§ 7307. Polling places; voting machines; election officers. The Department: (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) Shall assign…

§ 7308. Costs of the special election. The Office of Management and Budget shall transfer sufficient funds to cover the cost of the special election to the State Election Commissioner, the Department and Superior Court not later than 5 business days following issuance of the writ…

§ 7321. Vacancy; temporary appointment; term. Whenever a vacancy shall happen by death, resignation or otherwise in the office of Senator from this State in the Senate of the United States, the Governor may make a temporary or ad interim appointment from among the qualified elect…

§ 7322. Certification of appointment; form. (a) If a vacancy in the office of United States Senator is filled by temporary appointment by the Governor, the Governor shall certify the appointment of a Senator from this State in the Senate of the United States, under the Great Seal…

§ 7331. Procedure in case of failure to elect electors. If upon examining the certificates of the boards of canvass it shall appear to the Governor that there has been a failure to choose 1 or more of the electors of a President and Vice President of the United States to be appoi…

§ 7332. Mode of choosing by General Assembly. In the joint meeting provided for by § 7331 of this title there shall be a distinct balloting for each elector, and a majority of all the votes given shall be necessary to an appointment; but if upon any ballotings 2 persons only shal…

§ 7333. Member of General Assembly ineligible. No member of the General Assembly for the time being shall be appointed an elector of President and Vice-President under § 7332 of this title.Code 1852, § 406; Code 1915, § 1863; Code 1935, § 1982; 15 Del. C. 1953, § 7333;

§ 7334. Certificates of appointment by General Assembly. Certificates of appointment of electors by the General Assembly shall be duly made and signed by the President of the Senate and the Speaker of the House of Representatives and attested by the clerks of the houses respectiv…

§ 7501. Applicability. Subchapters II and III of this chapter shall apply to the City of Wilmington and subchapter IV of this chapter shall apply to all other municipalities meeting the definition of “municipal corporation” in § 801(3) of Title 22 except those whose powers are ve…

§ 7502. Local election when there is only 1 candidate. Repealed by 75 Del. Laws, c. 342, § 1, effective June 30, 2006.

§ 7521. Elections. Registration and elections in the City of Wilmington for the Mayor, Council and other officers of the City of Wilmington shall in all respects be conducted in conformity with the provisions governing general elections as provided under this title, except that t…

§ 7522. Definition of political party. A political party existing only within the City of Wilmington shall be qualified to nominate candidates for the municipal election if it is a bona fide organization of registered voters of the City of Wilmington who: (1) Elect a city committ…

§ 7523. Certificates of nomination. The nominations made under this subchapter for the various offices of the City of Wilmington, together with the name of the party and its device, shall be certified to the Department by the presiding officer and secretary of each political part…

§ 7524. Title and device of party. No party shall use the name of another party appearing anywhere on the ballot either in whole or in part, or any variation thereof, in its own title. The words “Independent” or “Decline,” being terms employed in this title, or any variation ther…

§ 7525. Ballots. The names of the candidates for the Mayor, Council, and other officers of the City of Wilmington must be printed on the single ballot as prescribed by § 4501 of this title and to meet the requirements of §§ 5001 through 5003, 5005, 5006, 5010, 5012, and 5014 of t…

§ 7526. Supplemental certificates of nomination. Supplemental certificates of nomination for offices of the City of Wilmington shall be issued as prescribed in § 3306 of this title.15 Del. C. 1953, § 7526; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 390, § 7; 58 Del. Laws, c. 148, …

§ 7527. Contest of election. If any candidate for any of the offices before mentioned shall choose to contest the right of any person claiming to have been elected to said office, the causes for such contests and all of the other provisions now set out in §§ 5941-5955 of this tit…

§ 7528. General provisions. All of the provisions of this title pertaining to elections, including registration of voters, Chapters 11, 13, 17, 19, 20, 21, and 23, primary elections and nomination of candidates, Chapters 31 and 33, general elections, Chapters 41, 45, 47, 49, 51, …

§ 7540. Date for election. (a) Upon the enactment of a county ordinance pursuant to § 101A(a)(2)c. of Title 22, for a proposed annexation of territory by the City of Wilmington, and its approval by the County Executive pursuant to § 101A(a)(2)d. of Title 22, the County Council, b…

§ 7541. Contents of notice of special election. The special election shall be held on the date fixed by County Council pursuant to § 7540 of this title and shall be previously advertised by publishing a notice in a newspaper published within the County and having a general circul…

§ 7542. Place, time and manner of voting; duties of Clerk of the Peace. (a) The special election shall be held in the building in which is situated the offices of the Clerk of the Peace. The polls shall be open from 9:00 a.m. to 6:00 p.m. on the day of the special election and vo…

§ 7543. Qualified voters; voting list. (a) The following shall be considered qualified voters for a special election held with respect to an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington and shall be entitled to vote in such election as provided h…

§ 7544. Certification of result of special election; retention of ballots. No later than 3 days after the holding of the special election, the judge of the election shall tabulate the ballots and certify the result to the County Council and to the Wilmington City Council under th…

§ 7545. Alternative approval procedure when only 1 qualified voter exists. If only 1 qualified voter in the territory exists for the purpose of determining whether an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington shall be approved, notwithstanding…