Title 15 — Elections
38 chapters · 291 sections in this title.
15 Del. C. § 101. Definitions.
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§ 101. Definitions. As used in this title: (1) “Ballot” means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of ea…
15 Del. C. § 101A. Purpose.
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§ 101A. Purpose. The purpose of this title is to assure the people’s right to free and equal elections, as guaranteed by our state Constitution. To that end, the full exercise of that right demands that the people be afforded the means to form political parties, nominate candidat…
15 Del. C. § 102. Deadline interpretation in this title.
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§ 102. Deadline interpretation in this title. Except for deadlines that are specifically set on a Saturday, Sunday or a holiday, all deadlines in this title that fall on a Saturday, Sunday or holiday shall be the next official business day at 4:30 p.m.76 Del. Laws, c. 197, § 1;
15 Del. C. § 103-120. §§ 103-120.
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§§ 103-120. Transferred.
15 Del. C. § 201. State Department of Elections.
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§ 201. State Department of Elections. There is hereby established a State Department of Elections, which shall be vested with all of the powers and duties previously vested in the respective departments of elections for New Castle County, Kent County and Sussex County, as well as…
15 Del. C. § 201A. Transfers and continuity.
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§ 201A. Transfers and continuity. (a) All books, records, papers, and other materials and equipment in the possession of any county department of elections required to be maintained or preserved under existing law, regulation, or policy shall be delivered into the custody of the …
15 Del. C. § 202. State Board of Elections.
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§ 202. State Board of Elections. (a) The State Board of Elections shall consist of 11 members, including 2 members from Sussex County; 2 members from Kent County; 2 members from New Castle County; 2 members from the City of Wilmington; 2 at-large members; and the State Election C…
15 Del. C. § 203. State Board of Elections; powers and duties.
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§ 203. State Board of Elections; powers and duties. There is hereby established a State Board of Elections, which shall have all of the powers and duties previously vested in the Board of Elections for New Castle County, the Board of Elections for Kent County, and the Board of El…
15 Del. C. § 204. Qualifications of members.
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§ 204. Qualifications of members. No person shall be appointed as a member of the State Board of Elections who is not a citizen of the United States and a resident of the county for which that person is appointed (or a resident of this State for at-large members) and who has not …
15 Del. C. § 205. Confirmation or rejection of appointments.
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§ 205. Confirmation or rejection of appointments. The Senate shall either confirm or reject any appointment under § 202 of this title within 10 legislative days of its receipt or said appointment is deemed confirmed.19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, §…
15 Del. C. § 206. Oath.
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§ 206. Oath. Each member of the Board, before entering upon that member’s duties and within 10 days from the time of that member’s appointment, shall take and subscribe to the oath or affirmation prescribed by the Constitution and shall record the same in the office of the record…
15 Del. C. § 207. Compensation of members.
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§ 207. Compensation of members. The compensation of Board members shall be as provided in the Budget Act; provided, however, that no Board member shall receive compensation for any Board meeting for which such member was not in attendance. In addition, the State Election Commissi…
15 Del. C. § 208. Organization meeting; officers.
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§ 208. Organization meeting; officers. (a) The Board shall establish a schedule of meetings for the following calendar year at a regularly scheduled meeting of the Board held between October 1 and December 31. Once established, the aforesaid schedule shall be subject to change by…
15 Del. C. § 209. Quorum.
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§ 209. Quorum. A quorum of 6 members shall be required for the transaction of any business by the State Board of Elections. A meeting of the Subcommittee, which is comprised of 6 members of the Board, does not constitute a quorum of the Board under this section.22 Del. Laws, c. 7…
15 Del. C. § 210. Rules.
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§ 210. Rules. The Board may make rules for its government not inconsistent with the Constitution or any law of this State.22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws,…
15 Del. C. § 211. County directors, deputy county directors; powers, duties, qualifications, compensation.
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§ 211. County directors, deputy county directors; powers, duties, qualifications, compensation. (a) For each county, the State Board of Elections shall appoint: (1) A county director who shall be a member of the same political party as the State Election Commissioner and who shal…
15 Del. C. § 212. Office; equipment and supplies.
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§ 212. Office; equipment and supplies. The Department shall occupy a suitable and convenient office in the courthouse or public building of each county, or elsewhere in the county seat of each county, and shall obtain whatever furniture, equipment and supplies that may be necessa…
15 Del. C. § 213. Employees; duties and compensation.
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§ 213. Employees; duties and compensation. (a) The Board may hire such employees as it may deem necessary for the performance by the Department of its duties. (b) The duties of such employees and the duties of any investigator appointed by the State Election Commissioner pursuant…
15 Del. C. § 214. Maps.
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§ 214. Maps. Repealed by 77 Del. Laws, c. 227, § 9, effective Feb. 1, 2010.
15 Del. C. § 215. Expenses and compensation.
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§ 215. Expenses and compensation. All expenses of each department, including the compensation of the members and employees shall be paid by the State.21 Del. Laws, c. 40, §§ 3, 5, 6; Code 1915, §§ 1659, 1660, 1664; 40 Del. Laws, c. 141, §§ 1, 3; Code 1935, §§ 1746, 1747, 1751; 42…
15 Del. C. § 216. Notaries public.
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§ 216. Notaries public. (a) In addition to the notaries public for the respective counties authorized to be appointed by any other law, the Governor shall appoint as notaries public: (1) Three employees of the Department of Elections for New Castle County; and (2) One employee an…
15 Del. C. § 217. Director and deputy director of departments of elections; limitations.
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§ 217. Director and deputy director of departments of elections; limitations. No director or deputy director of any department of elections shall hold or be a candidate for any: (1) Federal, state, county, city or incorporated municipality elective office; or (2) Elective office …
15 Del. C. § 218. Timing and dating.
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§ 218. Timing and dating. It shall be the duty of each department to time and date each application for a ballot or other communication received by the department.15 Del. C. 1953, § 119; 52 Del. Laws, c. 221, § 2; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws…
15 Del. C. § 219. Political activity limited; penalty.
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§ 219. Political activity limited; penalty. (a) No person, member, county director or deputy county director or employee of the Department shall directly or indirectly use or seek to use his or her authority or official influence to control or modify the political action of anoth…
15 Del. C. § 220. Reports Appeals Subcommittee of the State Board of Elections.
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§ 220. Reports Appeals Subcommittee of the State Board of Elections. (a) The Reports Appeals Subcommittee of the State Board of Elections is established to hear and determine appeals of decisions made by the State Election Commissioner under § 8044 of this title. (b) The Subcommi…
15 Del. C. § 221. Selection of polling facilities.
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§ 221. Selection of polling facilities. (a) The Department shall ensure that all polling places for any election conducted in this State have adequate and accessible parking spaces, that all polling places for any election conducted in this State are accessible to persons with di…
15 Del. C. § 301. Appointment; term and compensation.
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§ 301. Appointment; term and compensation. (a) The State Election Commissioner shall be appointed by the Governor for a term of 4 years and confirmed by a majority of the members elected to the Senate. Until such appointment and confirmation the State Auditor shall serve as the S…
15 Del. C. § 302. General powers and duties of Commissioner.
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§ 302. General powers and duties of Commissioner. The Commissioner shall have the following powers and duties: (1) To furnish, by purchase, lease, or otherwise, such equipment, supplies and services that may be required in order to conduct the Commissioner’s own powers and duties…
15 Del. C. § 302A. Investigatory authority.
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§ 302A. Investigatory authority. (a) In connection with his or her authority pursuant to § 302(14) of this title hereunder to investigate possible violations of Chapter 80 of this title, the State Election Commissioner: (1) May appoint 1 or more investigators, having such experie…
15 Del. C. § 303. Duties upon receipt of a registration application.
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§ 303. Duties upon receipt of a registration application. (a) Upon receipt of a registration application from the Department, the State Election Commissioner shall have the registration application verified for completeness and accuracy. If the Commissioner’s staff identifies a d…
15 Del. C. § 304. Lists and files of registered voters.
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§ 304. Lists and files of registered voters. (a) The State Election Commissioner shall deliver or cause to be delivered to each major political party in the State without charge the following: (1) A file of all registered voters in the State once per month. (2) A file of all regi…
15 Del. C. § 305. Duplicate registrations.
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§ 305. Duplicate registrations. At least monthly and within 10 days following the last registration day for each primary and general election, the Commissioner shall notify the county director and county deputy director of suspected duplicate registrations in any county where suc…
15 Del. C. § 306. Coordination with state agencies.
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§ 306. Coordination with state agencies. The State Election Commissioner, in collaboration with the Department, shall implement as soon as practical automated transfers or exchanges of voter registration information and information necessary to maintain an accurate list of regist…
15 Del. C. § 307. Supplying lists to political party chairs and other persons.
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§ 307. Supplying lists to political party chairs and other persons. Repealed by 77 Del. Laws, c. 227, § 18, effective Feb. 1, 2010.
15 Del. C. § 308. Political activity limited; penalty.
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§ 308. Political activity limited; penalty. (a) No employee of the Office of the State Election Commissioner shall directly or indirectly use or seek to use that employee’s own authority or official influence to control or modify the political action of another person or at any t…
15 Del. C. § 1101. Permanent registration system.
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§ 1101. Permanent registration system. (a) Persons who have registered to vote in accordance with the provisions of this title shall not be removed from the voting rolls so long as their permanent place of residence is within this State, they have not been disenfranchised for any…
15 Del. C. § 1102. Voter registration drive standards.
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§ 1102. Voter registration drive standards. (a) Persons and entities registering people to vote within the State shall keep a log of all voter registration applications solicited, deliver all applications for Delaware citizens and a copy of the log covering those applications to …
15 Del. C. § 1103. Disaster recovery and continuity of operations.
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§ 1103. Disaster recovery and continuity of operations. (a) If paper registration records are lost, destroyed, mutilated or defaced, the affected department or departments shall not replace the records but shall use the State’s Election Management System database as the source of…
15 Del. C. § 1104. Biennial mailing of polling place card and election information.
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§ 1104. Biennial mailing of polling place card and election information. (a) In each year in which a general election is held, the Department shall mail to all registered voters, no later than 30 days before the state primary election, a notice informing the registrant of that re…
15 Del. C. § 1105. Notice of registration.
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§ 1105. Notice of registration. Repealed by 64 Del. Laws, c. 424, § 2, effective Jan. 1, 1985.
15 Del. C. § 1301. Registration records — Furnished by the Commissioner.
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§ 1301. Registration records — Furnished by the Commissioner. Repealed by 60 Del. Laws, c. 414, § 2, effective May 22, 1976.
15 Del. C. § 1302. Voter registration application.
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§ 1302. Voter registration application. (a) The State Election Commissioner, in consultation with the Departments of Elections for the counties, shall promulgate the voter registration application and shall set the effective date of each new version. The application shall be upda…
15 Del. C. § 1303. Confidentiality of addresses.
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§ 1303. Confidentiality of addresses. (a) A person may petition the Superior Court for an order to have that person’s own address, which is required to be placed on voter application, registration or transfer records, kept confidential upon a showing of a legitimate need and lawf…
15 Del. C. § 1304. Update of records when election district divided; procedure.
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§ 1304. Update of records when election district divided; procedure. Upon splitting of an election district in accordance with this title, the department having jurisdiction shall update the records of the affected voters in the State’s Election Management System. The department …
15 Del. C. § 1305. Custody of registration records; public inspection.
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§ 1305. Custody of registration records; public inspection. (a) All registration records, when not in the custody of the registrars, shall be and remain in the custody of the department except as otherwise provided. The registration records shall, during normal business hours of …
15 Del. C. § 1306. Registration supplies.
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§ 1306. Registration supplies. Repealed by 75 Del. Laws, c. 232, § 12, effective Feb. 1, 2006.
15 Del. C. § 1307. Expenses.
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§ 1307. Expenses. Repealed by 70 Del. Laws, c. 188, § 8, effective Oct. 1, 1995.
15 Del. C. § 1501-1518. Appointment; qualifications; recommendations of political parties; terms of office; certificate of appointment; alternate registrars — appointment; powers and duties; oath of office for registration and election officers; appearance of registration and election officers for taking of oath and instruction; removal; vacancies; compensation; payment procedure; source of pay; quorum; majority action; equal representation; duties; exemptions from military duty and service as registration officer; refusal to qualify or act; penalty; vacation of office; registration officers not to be candidates; special powers of registrars during registration; duties of assistant registrars; registrar to file affidavits.
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§§ 1501-1518. Appointment; qualifications; recommendations of political parties; terms of office; certificate of appointment; alternate registrars — appointment; powers and duties; oath of office for registration and election officers; appearance of registration and election offi…
15 Del. C. § 1701. Qualifications for registration as qualified voter.
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§ 1701. Qualifications for registration as qualified voter. (a) Every applicant for registration shall be a qualified voter in a general or primary election if such applicant is a citizen of this State of the age of 18 years and upwards, or who will be 18 years old on or before t…
15 Del. C. § 1702. Removal of names by board of elections.
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§ 1702. Removal of names by board of elections. (a) At any duly called meeting of the State Board of Elections, the Board may sit to consider the removal of names from any County Master Record in cases where there is a valid reason to believe a person is no longer a duly qualifie…