Title 15, Elections

§ 7553. Notices; posting; publishing; deadlines, election calendar. (a) For each election of members of the municipal government, a municipality shall post a Notice of Election conspicuously within the municipality no later than 20 days prior to the date of the election. Such not…

§ 7554. Voter eligibility. (a) Voter eligibility shall be as specified within the town charter; provided however, that in no event shall a municipality impose a durational residency requirement in excess of 30 days. (b) A municipality that uses the State’s Voter Registration Syst…

§ 7555. Candidates; eligibility; declaration of candidacy. (a) Candidate eligibility shall be established in the town charter. (b) The procedure for declaration of candidacy shall be established in the town charter or by ordinance. (c) Unless otherwise specified in the town chart…

§ 7556. Election Officers; appointment; responsibilities; training. Unless otherwise provided by town charter or code: (1) The municipality shall have sufficient Election Officers to conduct the elections. (2) The Inspector shall be the chief Election Officer in the polling place…

§ 7557. Conduct of the election. (a) The Department of Elections shall make available training for Election Officers prior to each election on the operation of the voting machine and Election Day procedures, and provide each Election Officer and Board of Elections member a copy o…

§ 7557A. Complaint procedure; unlawful election activity altering result of election. (a) A citizen of a municipality may submit a written complaint to the State Election Commissioner regarding any aspect of that municipality’s election activity that is contrary to state or feder…

§ 7558. Election results; recounts; contests. (a) A person certified as being elected shall not take office before the seventh day following certification of the election. (b) The municipal Board of Elections shall announce the results of an election as soon as possible following…

§ 7559. Transition. (a) This subchapter shall apply to elections held after June 30, 2007. (b) The State Election Commissioner shall promulgate all forms required by 75 Del. Laws, c. 342 by April 30, 2007.75 Del. Laws, c. 342, § 2; 76 Del. Laws, c. 52, § 1; 77 Del. Laws, c. 227, …

§ 7560. Transition [Transferred]. Transferred to § 7559 of this title by 76 Del. Laws, c. 52, § 1, effective June 26, 2007.

§ 7570. Purpose of subchapter; scope. It is the purpose and intent of the General Assembly in enacting this subchapter to provide those qualified electors of municipalities governed under subchapter IV of this chapter who are unable to appear at a municipal election to cast their…

§ 7571. Persons eligible to vote by absentee ballot. Any person qualified under the provisions of a municipal charter to vote by absentee ballot in any municipal election held in that municipality (“elector”) may vote by absentee ballot for any reason authorized by that municipal…

§ 7572. Request for ballot; statement for absentee ballots; delivery of absentee ballots. (a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may request an absentee ballot from the municipality where the elector is quali…

§ 7573. Distribution of ballots, envelopes, and instructions; envelope specifications; prepaid postage. (a) Upon receipt of a statement from an elector pursuant to § 7572 of this title, the municipality shall process the same and confirm that the elector qualifies for an absentee…

§ 7574. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit of eligibility. (a) The municipality shall provide to each elector to whom it sends an absentee ballot an envelope which shall be: (1) A color other than white; (2) Large enough …

§ 7575. Voting procedure; execution of affidavit; return of ballot. The procedure for completing an absentee ballot and returning it to the municipality is as follows: (1) An elector who receives an absentee ballot pursuant to this chapter shall complete the ballot by marking it …

§ 7576. Time limit for return of ballot; late ballots. (a) Each municipality shall endorse the date and time of receipt on the ballot envelope of each absentee ballot received by the municipality. (b) Notwithstanding any other provision of this chapter, for an absentee ballot to …

§ 7577. Procedure on receipt of ballot envelope by municipality. (a) Upon receipt of a ballot envelope the municipality, or a person authorized by the municipality, shall: (1) Ascertain the names of each elector as they appear on the face of each ballot envelope; (2) Ascertain fr…

§ 7578. Counting procedure for absentee ballots. At any time between the opening and the closing of the polls on an election day, absentee election judges selected by a municipality’s board of elections, shall count absentee ballots at a properly noticed public meeting in the mun…

§ 7579. Preparing absentee ballots to be counted. Notwithstanding any other provision of this chapter, the board of election of any municipality may open absentee ballot envelopes in a public meeting in order to prepare them to be counted. Such meeting shall take place, upon prop…

§ 7580. Carrier envelope specifications; carrier envelopes as ballot boxes. (a) The municipality shall purchase envelopes to be used as carrier envelopes, which shall be security mailing envelopes, designed to securely protect the contents thereof from tampering, removal, or subs…

§ 7581. Challenges. (a) The ballot of any elector choosing to vote by absentee ballot may be challenged for the same causes and in the same manner as provided in this title for other voters. (b) In addition, the vote of an absentee voter may be challenged: (1) On the ground that …

§ 7582. Rejected ballots. (a) No vote shall be accepted or counted if: (1) The statement of the absentee voter that appears on the front of the ballot envelope is found to have been altered or is not signed; or (2) The absentee voter is not a duly qualified elector entitled to vo…

§ 7583. Validity of absentee voter’s ballot for wrong municipal election district. If an absentee voter marks and returns an absentee ballot for a municipal election district other than the 1 of which the absentee voter is a duly registered elector, such ballot, because thereof, …

§ 7584. Procedure if requests or ballots sent to wrong official; absentee ballots received by election officers. If any request for an absentee ballot and accompanying envelopes, or any marked ballot of any such elector are addressed to and returned to any official other than the…

§ 7585. File of absentee voters. (a) The municipality shall maintain records providing for the prevention of fraud and to make possible the tracing and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries: (1) The name …

§ 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…

§ 8001. Purpose. The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this law.67 Del. Laws,…

§ 8002. Definitions. As used in this chapter: (1) “Candidate” means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitatio…