reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 201A. Transfers and continuity.

§ 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 State Department of Elections by no later than July 1, 2015. For purposes of this section, the term “county department of elections” shall include the board of elections for such county.
(b) Any duty, responsibility, action, or other activity (including without limitation any investigation, petition, hearing, or other legal proceeding) pending before or instituted by any county department of elections and not concluded prior to July 1, 2015, shall continue unabated and remain in full force and effect, and, where necessary, may be completed before, by, or in the name of the Department. All orders, rules, and regulations made by any county department of elections that are in effect on July 1, 2015, shall remain in full force and effect until revoked or modified by the Department in accordance with applicable law. All contracts and obligations of any county department of elections that are in force on July 1, 2015, shall remain in full force and effect and unless revoked, modified, or terminated by the Department in accordance with applicable law.
(c) Employees of any county department of elections whose functions are consistent with and have been transferred to the Department by this chapter shall continue and be deemed to be the employees of the Department on July 1, 2015, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2015.
(d) All definitions and references to any commission, board, department, council or agency which appear in any other act or law, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring and relating to the Department as created and established by this chapter.
(e) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
79 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 203. State Board of Elections; powers and duties.

§ 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 Elections for Sussex County, as well as such other powers and duties as set forth in this title.
45 Del. Laws, c. 148, §§  1, 2, 4, 5;  45 Del. Laws, c. 149, §§  1, 2, 4, 5;  15 Del. C. 1953, §  104;  54 Del. Laws, c. 163, §  1;  55 Del. Laws, c. 334, §  2;  57 Del. Laws, c. 181, §  3;  58 Del. Laws, c. 148, §  5;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 391, §  1;  79 Del. Laws, c. 275, §  5;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 204. Qualifications of members.

§ 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 resided therein for 1 year next preceding that person's appointment. No member of the Board shall hold or be a candidate for any:
(1) Federal, state, county, city or incorporated municipality elective office;
(2) Elective office or appointed position of a political party, nor shall a member be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body.
19 Del. Laws, c. 39, §  2;  21 Del. Laws, c. 40, §  2;  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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  105;  50 Del. Laws, c. 82, §  1;  55 Del. Laws, c. 280;  57 Del. Laws, c. 181, §  4;  58 Del. Laws, c. 148, §  6;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 205. Confirmation or rejection of appointments.

§ 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, §  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, c. 148, §  2;  45 Del. Laws, c. 149, §  2;  15 Del. C. 1953, §  106;  50 Del. Laws, c. 357, §  1;  50 Del. Laws, c. 429, §  1;  50 Del. Laws, c. 546, §  2;  50 Del. Laws, c. 549, §  2;  52 Del. Laws, c. 130, §  3;  54 Del. Laws, c. 163, §  1;  57 Del. Laws, c. 181, §  5;  61 Del. Laws, c. 418, §  1;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 206. Oath.

§ 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 recorder of the county of the member's residence.
19 Del. Laws, c. 39, §  2;  21 Del. Laws, c. 40, §  2;  22 Del. Laws, c. 70, §  6;  Code 1915, §  1659;  40 Del. Laws, c. 140, §  1;  Code 1935, §  1746;  42 Del. Laws, c. 115, §  3;  45 Del. Laws, c. 147, §  1;  45 Del. Laws, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  107;  58 Del. Laws, c. 148, §  7;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 207. Compensation of members.

§ 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 Commissioner shall not be entitled to any additional compensation by virtue of his or her service as an ex officio member of the Board.
19 Del. Laws, c. 39, §  2;  21 Del. Laws, c. 40, §  2;  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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  108;  50 Del. Laws, c. 357, §  4;  50 Del. Laws, c. 429, §  6;  50 Del. Laws, c. 546, §  1;  50 Del. Laws, c. 549, §  1;  54 Del. Laws, c. 364, §  1;  58 Del. Laws, c. 148, §  8;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  3;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 208. Organization meeting; officers.

§ 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 the Board.
(b) The schedule shall include an organizational meeting that shall be held between February 1 and June 30 of each year at which time the members of the Board shall meet and organize by electing 1 member to be president and 1 member to be secretary, whose function other than that of a member shall be to record the minutes of the meetings of the Board. The terms of office for each officer shall be until the organizational meeting held in the following year or until a successor is elected.
19 Del. Laws, c. 39, §  2;  21 Del. Laws, c. 40, §  2;  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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  109;  50 Del. Laws, c. 545, §  4;  50 Del. Laws, c. 557, §  1;  57 Del. Laws, c. 181, §  6;  58 Del. Laws, c. 148, §  9;  61 Del. Laws, c. 418, §  1;  72 Del. Laws, c. 275, §  9;  77 Del. Laws, c. 227, §  4;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 209. Quorum.

§ 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. 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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  110;  57 Del. Laws, c. 181, §  7;  58 Del. Laws, c. 148, §  10;  61 Del. Laws, c. 418, §  1;  79 Del. Laws, c. 275, §  6;  80 Del. Laws, c. 394, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 210. Rules.

§ 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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  111;  57 Del. Laws, c. 181, §  8;  58 Del. Laws, c. 148, §  11;  61 Del. Laws, c. 418, §  1;  79 Del. Laws, c. 275, §  6;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 211. County directors, deputy county directors; powers, duties, qualifications, compensation.

§ 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 shall serve at the pleasure of the Board;
(2) A deputy county director who shall be nominated and elected by the members of the Board of the opposite political party of the State Election Commissioner and who shall serve at the pleasure of same. In the nomination and election of a deputy county director, § 209 of this title shall not be applicable.
(b) Each county director shall assist the Department of Elections in carrying out its duties and responsibilities in the county for which the county director is appointed and, subject to the policies and directives of the Board, shall see to it that the work of the Department in such county is performed in a proper and nonpartisan manner.
(c) Each deputy county director shall assist the county director in the county for which such deputy county director is appointed.
(d) Each county director and deputy county director shall be a citizen of the United States and a qualified elector of the county in which he or she serves.
(e) The salary of each county director and deputy county director shall be as provided in the Budget Act and shall be uniform for each county.
(f) The county director and deputy county director of a county, if in agreement, may authorize a person to vote whose application to register to vote at the Division of Motor Vehicles was never completed as required elsewhere in this title. The person shall follow the procedures set forth by the State Election Commissioner prior to being permitted to vote.
(g) Notwithstanding any provision to the contrary herein, those persons who held the positions of director and deputy director, respectively, of each county department of elections immediately prior to July 1, 2015, shall assume automatically the position of county director and deputy county director, respectively, in the county for which he or she was appointed. Each initial county director and initial deputy county director shall be bound by and subject to the provisions of this section, and to this title generally, to the same extent as if he or she was appointed by the Board in accordance with this section.
19 Del. Laws, c. 39, §  2;  21 Del. Laws, c. 40, §  2;  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, c. 148, §  5;  45 Del. Laws, c. 149, §  5;  15 Del. C. 1953, §  112;  50 Del. Laws, c. 630, §  1;  57 Del. Laws, c. 181, §  9;  58 Del. Laws, c. 148, §§  12-14;  58 Del. Laws, c. 571;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §§  1, 5, 6;  79 Del. Laws, c. 275, §  7;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 212. Office; equipment and supplies.

§ 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 necessary to properly carry out its duties.
21 Del. Laws, c. 40, §  5;  Code 1915, §  1660;  Code 1935, §  1747;  42 Del. Laws, c. 115, §  4;  45 Del. Laws, c. 147, §  2;  45 Del. Laws, c. 148, §  7;  45 Del. Laws, c. 149, §  7;  15 Del. C. 1953, §  113;  61 Del. Laws, c. 418, §  1;  61 Del. Laws, c. 480, §  2;  79 Del. Laws, c. 275, §  8;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 213. Employees; duties and compensation.

§ 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 to § 302(14) of this title hereof, shall be prescribed by the Board and the compensation fixed by the Secretary of the Department of Human Resources.
(c) The employees of the Department shall be placed under the state merit system but subject to all provisions of this title.
21 Del. Laws, c. 40, §  3;  Code 1915, §  1664;  40 Del. Laws, c. 141, §  3;  Code 1935, §  1751;  45 Del. Laws, c. 147, §  4;  45 Del. Laws, c. 148, §  7;  45 Del. Laws, c. 149, §  7;  15 Del. C. 1953, §  114;  57 Del. Laws, c. 181, §  10;  61 Del. Laws, c. 418, §  1;  75 Del. Laws, c. 88, §  20(3);  77 Del. Laws, c. 227, §§  7, 8;  79 Del. Laws, c. 275, §  8;  81 Del. Laws, c. 66, § 11;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 215. Expenses and compensation.

§ 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 Del. Laws, c. 115, §§  3, 4;  45 Del. Laws, c. 147, §§  1, 2, 4;  45 Del. Laws, c. 148, §§  5, 7, 10;  45 Del. Laws, c. 149, §§  5, 7, 10;  15 Del. C. 1953, §  116;  51 Del. Laws, c. 149, §  8;  61 Del. Laws, c. 418, §  1;  77 Del. Laws, c. 227, §  10;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 216. Notaries public.

§ 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 and the Director of the Departments of Elections for Kent and Sussex Counties.
(b) Whenever any person so appointed ceases to be employed by or as director of the department, such person's term as notary public shall terminate and the Governor shall appoint either another employee or such person's successor as a notary public.
Code 1935, §  1755;  45 Del. Laws, c. 147, §  8;  45 Del. Laws, c. 148, §  33;  45 Del. Laws, c. 149, §  33;  15 Del. C. 1953, §  117;  57 Del. Laws, c. 181, §  11;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 217. Director and deputy director of departments of elections; limitations.

§ 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 or position of a political party nor shall the director or deputy director be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission's Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002) [42 U.S.C. § 20901 et seq.].
15 Del. C. 1953, §  118;  50 Del. Laws, c. 82, §  2;  57 Del. Laws, c. 181, §  12;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 126, §  1;  77 Del. Laws, c. 227, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 218. Timing and dating.

§ 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, c. 227, §  11;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 219. Political activity limited; penalty.

§ 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 another person or at any time actively participate in any political activities or campaigns.
(b) Any person who shall violate this section shall be fined not more than $500 and shall forfeit that person's position or employment.
15 Del. C. 1953, §  120;  57 Del. Laws, c. 181, §  13;  58 Del. Laws, c. 215, §  1;  61 Del. Laws, c. 418, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  1;  79 Del. Laws, c. 275, §  9;
2023 Delaware Code › Title 15 - Elections › Chapter 2. DEPARTMENT OF ELECTIONS › § 220. Reports Appeals Subcommittee of the State Board of Elections.

§ 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 Subcommittee consists of 6 members of the State Board of Elections.
(1) The Board shall vote annually to select Subcommittee members.
(2) Subcommittee members serve at the pleasure of the Board.
(3) The Board Chair shall annually select 2 of the 6 Subcommittee members to serve as Subcommittee Chair and Co-Chair.
a. The Subcommittee Chair shall represent 1 of the 2 principal political parties and the Subcommittee Co-Chair shall represent the other of the 2 principal parties.
b. The principal political party represented by the Subcommittee Chair and Co-Chair shall rotate annually.
(4) Each of the 2 principal political parties shall have equal representation on the Subcommittee.
(5) If an absence or vacancy on the Subcommittee results in 1 principal political party having greater representation than the other at a meeting, a member of the other principal political party may not vote until there is no longer an absence or vacancy. The Board Chair shall select which Subcommittee member may not vote under this subsection.
(c) Each Subcommittee member must receive a $100 stipend for each Subcommittee meeting, but a member may not receive more than $500 in any calendar year.
(d) A majority of the members serving on the Subcommittee constitutes a quorum to conduct official Subcommittee business. If a member may not vote under paragraph (b)(5) of this section, a majority of the members who may vote constitutes a quorum.
(e) If a vote by the Subcommittee on a matter unrelated to an appeal, such as the approval of meeting minutes or the election of the new Chair, results in a tie, the Chair may vote a second time to break the tie. If a vote by the Subcommittee related to an appeal results in a tie, the determination shall go in the favor of the person who filed the appeal.
(f) The Subcommittee shall conduct appeals hearings as established in section § 8044 of this title.
(g) The Department shall provide administrative staff and resources to the Subcommittee.
80 Del. Laws, c. 394, § 3;  83 Del. Laws, c. 209, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 301. Appointment; term and compensation.

§ 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 State Election Commissioner without additional compensation. In the event of a vacancy in the office, the Governor shall appoint a successor to fulfill the unexpired term and said successor shall be confirmed by a majority of the members elected to the Senate.
(b) The salary of the State Election Commissioner shall be as provided in the Budget Act.
(c) The State Election Commissioner shall serve in this capacity on a full-time basis and the State Election Commissioner's powers and duties prescribed by this title shall remain with the Election Commissioner and shall not be delegated to any other individual or group.
(d) The State Election Commissioner shall not hold or be a candidate for any:
(1) Federal, state, county, city or incorporated municipality elective office; or
(2) Elective office or position of a political party nor shall the State Election Commissioner be an appointed official to any federal, state, county, city or incorporated municipality, commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission's Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002 [52 U.S.C. § 20941 et seq.]).
(e) The State Election Commissioner shall not directly or indirectly use or seek to use the State Election Commissioner's authority or official influence to control or modify the political action of another person or at any time participate in any political activities or campaigns.
15 Del. C. 1953, §  302;  50 Del. Laws, c. 168, §  1;  57 Del. Laws, c. 181, §  15;  58 Del. Laws, c. 215, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 115, §  1;  77 Del. Laws, c. 227, §  12;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 302A. Investigatory authority.

§ 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 experience and qualifications as shall be established by the Board of Elections, to investigate information coming to the attention of the Commissioner that, if true, would constitute a violation of Chapter 80 of this title. The activities of any investigator appointed hereunder shall be directed solely by the Commissioner, and such investigator shall not be deemed to be an employee of, or otherwise answerable to, the Board of Elections;
(2) Shall have the authority to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the Commissioner's duties or exercise of his or her powers pursuant to this section; and
(3) May refer any possible violation to the Attorney General or the United States Attorney for investigation and prosecution, either directly or following an investigation or preliminary investigation by the Commissioner hereunder.
(b) The authority of the Commissioner to investigate possible violations of Chapter 80 of this title shall not abrogate the right of the Attorney General to investigate or prosecute any violation or possible violation of this title.
79 Del. Laws, c. 275, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 303. Duties upon receipt of a registration application.

§ 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 discrepancy with the application, the Department shall be notified and then correct the discrepancy.
(b) The State Election Commissioner shall use appropriate technology to maintain a permanent record of each registration application. Paper applications shall be retained for a minimum of 24 months and then maintained in accordance with the appropriate document retention schedule. A permanent copy of each electronic transaction shall be retained.
(c) The State Election Commissioner, in collaboration with the Department, may establish a program where the Department may create and archive an image of each paper registration application.
15 Del. C. 1953, §  304;  50 Del. Laws, c. 168, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 232, §  3;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  12;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 305. Duplicate registrations.

§ 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 such duplicate registration is suspected to have occurred. The applicable county director and county deputy director shall review the list of suspected duplicate registrations and correct the registration records as appropriate.
15 Del. C. 1953, §  306;  50 Del. Laws, c. 168, §  1;  75 Del. Laws, c. 232, §  5;  79 Del. Laws, c. 275, §  14;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 306. Coordination with state agencies.

§ 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 registered voters between the State's election management system and other state databases.
75 Del. Laws, c. 232, §  6;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  15;
2023 Delaware Code › Title 15 - Elections › Chapter 3. STATE ELECTION COMMISSIONER › § 308. Political activity limited; penalty.

§ 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 time actively participate in any political activities or campaigns.
(b) Any person who shall violate this section shall be fined not more than $500 and shall forfeit that employee's position or employment.
74 Del. Laws, c. 229, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 11. GENERAL PROVISIONS › § 1101. Permanent registration system.

§ 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 cause prescribed in the laws of this State or their registration has not been canceled as provided elsewhere in this title.
(b) Registered voters who change their permanent place of residence within this State or legally change their name should update their voter registration record as elsewhere provided in this title.
21 Del. Laws, c. 36, §  1;  Code 1915, §  1630;  34 Del. Laws, c. 106, §  1;  37 Del. Laws, c. 117, §  7;  Code 1935, §  1717;  43 Del. Laws, c. 121, §  6;  44 Del. Laws, c. 106, §  1;  45 Del. Laws, c. 145, §  6;  15 Del. C. 1953, §  1102;  49 Del. Laws, c. 17, §  1;  50 Del. Laws, c. 169, §  1;  70 Del. Laws, c. 188, §  1;  77 Del. Laws, c. 227, §§  19, 20;
2023 Delaware Code › Title 15 - Elections › Chapter 11. GENERAL PROVISIONS › § 1102. Voter registration drive standards.

§ 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 the State Election Commissioner or the Department within 10 days of soliciting the applications, deliver the applications for citizens of other states to the chief election official of those states, and list the person or group conducting the voter registration drive along with the name of the solicitor on each application.
(b) Each voter registration application solicited during a voter registration drive shall include a sequential application number for tracking purposes.
(c) The log required above shall include the name of the person or organization conducting the drive, the inclusive dates that the applications listed thereon were collected, and a list of the full name of the applicant and associated application number for each application collected.
(d) Persons and groups conducting voter registration drives within the State should register with the State Election Commissioner or the Department using a form promulgated by the State Election Commissioner.
(e) Persons collecting voter registration applications should have each applicant initial their party affiliation selection.
(f) Persons collecting voter registration applications in order for a political party to obtain ballot status shall clearly communicate to each applicant that by completing the voter registration application they may be changing their political party affiliation.
75 Del. Laws, c. 232, §  7;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  16;
2023 Delaware Code › Title 15 - Elections › Chapter 11. GENERAL PROVISIONS › § 1103. Disaster recovery and continuity of operations.

§ 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 voter registration data for the persons whose records were so affected.
(b) The State Election Commissioner, in collaboration with the Department of Technology and Information, shall establish and maintain a disaster recovery program that would provide the State Election Commissioner and the offices of the Department in each county immediate access to a duplicate version of the Election Management System and associated databases in event of a disaster that makes the production system unavailable.
(c) The State Election Commissioner and the departments of elections shall no later than January 1, 2008, implement a continuity of operations plan that would permit any of the agencies to continue operations if any of the agencies are denied access to its offices during critical periods.
Code 1915, §  1630;  34 Del. Laws, c. 106, §  1;  37 Del. Laws, c. 117, §  7;  Code 1935, §  1717;  43 Del. Laws, c. 121, §  6;  44 Del. Laws, c. 106, §  1;  45 Del. Laws, c. 145, §  6;  15 Del. C. 1953, §  1104;  49 Del. Laws, c. 17, §  3;  50 Del. Laws, c. 169, §  1;  75 Del. Laws, c. 232, §  8;  77 Del. Laws, c. 227, §  2;  79 Del. Laws, c. 275, §  17;
2023 Delaware Code › Title 15 - Elections › Chapter 11. GENERAL PROVISIONS › § 1104. Biennial mailing of polling place card and election information.

§ 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 registrant's polling place by nonforwardable first-class mail. If this notice is returned as undeliverable, the Department shall proceed as set forth in § 2014 of this title.
(b) The notice set forth in subsection (a) of this section shall also include all of the following information:
(1) A brief description of all available methods of voting.
(2) The dates and times on which the general and any primary election will be held.
(3) Deadlines for voter registration for each election and for party changes before a primary.
(4) A brief outline of procedures and requirements at polling places and early voting sites.
84 Del. Laws, c. 206, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 13. REGISTRATION BOOKS, SUPPLIES AND PLACES › § 1304. Update of records when election district divided; procedure.

§ 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 having jurisdiction shall then determine whether or not to update the affected voters registration records in the county master file. The registration of any voter shall not be invalidated nor shall the right of any registered voter be prejudiced due to any error that occurred during this process.
19 Del. Laws, c. 38, §  5;  21 Del. Laws, c. 35, §  3;  22 Del. Laws, c. 64, §§  1, 2;  24 Del. Laws, c. 66;  Code 1915, §  1621;  34 Del. Laws, c. 106, §  1;  37 Del. Laws, c. 117, §  2;  40 Del. Laws, c. 140, §  2;  Code 1935, §  1708;  43 Del. Laws, c. 121, §  2;  15 Del. C. 1953, §  1303;  50 Del. Laws, c. 169, §  2;  55 Del. Laws, c. 267;  56 Del. Laws, c. 366, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 512, §  1;  75 Del. Laws, c. 232, §  9;
2023 Delaware Code › Title 15 - Elections › Chapter 13. REGISTRATION BOOKS, SUPPLIES AND PLACES › § 1305. Custody of registration records; public inspection.

§ 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 each department, be open to the inspection of anyone desiring to examine the same, without fee or reward, provided, however, that Social Security number, date of birth, driver's license number and telephone number shall not be subject to such inspection. Anyone desiring to do so may be permitted to make copies or partial copies thereof.
(b) Any registered voter may have that registered voter's telephone number removed from the electronic voter registration files by making the request of that registered voter's local department of elections, either by telephone or in writing.
Code 1915, §  1630;  34 Del. Laws, c. 106, §  1;  37 Del. Laws, c. 117, §  7;  Code 1935, §  1717;  43 Del. Laws, c. 121, §  6;  44 Del. Laws, c. 106, §  1;  45 Del. Laws, c. 145, §  6;  15 Del. C. 1953, §  1304;  49 Del. Laws, c. 17, §  6;  50 Del. Laws, c. 169, §  2;  55 Del. Laws, c. 452;  58 Del. Laws, c. 401, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 512, §  1;  72 Del. Laws, c. 71, §  2;  75 Del. Laws, c. 232, §§  10, 11;  76 Del. Laws, c. 115, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 15. Registration Officers › § 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.

§§ 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.
Repealed by 67 Del. Laws, c. 354, § 3, effective July 16, 1990.
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1701. Qualifications for registration as qualified voter.

§ 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 the day of the general election next succeeding the applicant's registration, and is a bona fide resident of this State. An applicant shall be a qualified voter in a special election if such applicant is a citizen of this State of the age of 18 years and upwards on the date of the special election. No person in the military, naval or marine service of the United States shall become a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State; and no person adjudged mentally incompetent, person who is ineligible to vote under Chapter 61 of this title, or person rendered incapable of voting by reason of violating § 7 of Article V of the Constitution of this State for 10 years next following that person's conviction and sentence thereunder, shall be a qualified voter. For purposes of this chapter, the term “adjudged mentally incompetent” refers to a specific finding in a judicial guardianship or equivalent proceeding, based on clear and convincing evidence that the individual has a severe cognitive impairment which precludes exercise of basic voting judgment.
(b) The Department shall permit registration of any citizen and bona fide resident of this State 16 years of age or older through the Division of Motor Vehicles as set forth in §§ 2050(a) and 2050A of this title, provided that such applicant shall not be a qualified voter unless qualified under subsection (a) of this section.
19 Del. Laws, c. 38, §  8;  21 Del. Laws, c. 36, §  4;  22 Del. Laws, c. 64, §§  1, 2;  24 Del. Laws, c. 66;  Code 1915, §  1627;  37 Del. Laws, c. 117, §  6;  40 Del. Laws, c. 140, §  5;  Code 1935, §  1714;  44 Del. Laws, c. 105, §  1;  15 Del. C. 1953, §  1701;  52 Del. Laws, c. 197, §  1;  58 Del. Laws, c. 502, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 34, §§  2, 5;  77 Del. Laws, c. 473, §  1;  82 Del. Laws, c. 141, § 9;  82 Del. Laws, c. 192, § 1;  83 Del. Laws, c. 71, § 4;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1702. Removal of names by board of elections.

§ 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 qualified elector in the election district in which that person is registered.
(b) The board shall afford the affected voter the full right to be heard at such meeting with the right of appeal in all cases, first giving notice as required by § 1711 of this title [repealed].
Code 1935, §  1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  1702;  49 Del. Laws, c. 4, §  5;  49 Del. Laws, c. 17, §  10;  50 Del. Laws, c. 169, §  7;  58 Del. Laws, c. 148, §  25;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  18;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1703. Duty of officers to notify Department of facts suggesting voter disqualification.

§ 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 and the State Election Commissioner. Such notification shall include a full, complete and accurate copy of the record of the name, present residence and last previous residence, date of birth, and Social Security number if available of each individual of voting age who has been convicted of a felony.
Code 1935, §  1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  1703;  49 Del. Laws, c. 4, §  5;  49 Del. Laws, c. 17, §  11;  50 Del. Laws, c. 169, §  8;  57 Del. Laws, c. 181, §  25;  67 Del. Laws, c. 354, §  5;  73 Del. Laws, c. 34, §  1;  79 Del. Laws, c. 275, §  19;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1705. Cancellation of registration of persons reported as deceased.

§ 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 been reported to have died within the State since the previous report. The file or list shall contain, as a minimum:
the decedent's name, Social Security number, residence at time of death, date of birth, date of death, and death certificate number.
(b) The State's Office of Vital Statistics shall in January and July of each year send a file or list to the Department and the State Election Commissioner containing the name, Social Security number, residence at time of death, state where died, date of birth, date of death, and death certificate number for each Delaware citizen 16 years or age or older reported to that office as having died in another state or country. Where complete data about a decedent is not available, the Office of Vital Statistics shall provide as much information as is available in the file or on the list.
(c) Upon receipt of a file or list from the Office of Vital Statistics, the Department shall cancel the registration of each registered voter whose name is on the list.
(d) The Department may cancel the registration of a person upon receipt of a copy of a death certificate or a written notice from the decedent's spouse, adult child, sibling or parent.
(e) The Department may use an obituary from a Delaware newspaper as authority to cancel the registration of a registered voter who died in another state or country.
45 Del. Laws, c. 144, §  31;  45 Del. Laws, c. 148, §  34;  45 Del. Laws, c. 149, §  34;  15 Del. C. 1953, §  1705;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 169, §  10;  52 Del. Laws, c. 221, §  3;  57 Del. Laws, c. 181, §  26;  58 Del. Laws, c. 148, §  26;  67 Del. Laws, c. 354, §  6;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 232, §  14;  77 Del. Laws, c. 227, §§  2, 21;  79 Del. Laws, c. 275, §  21;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1706. Motion to remove a name from registration records; procedure; entries in records as to such motion.

§ 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.
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1707. Cancellation of registration due to a registrant having moved to another state.

§ 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 who has registered to vote in another state as permission from that person to cancel that person's Delaware voter registration.
(b) The Department shall consider a written notice from a spouse, adult child, sibling or parent that a registered voter has moved out of state as permission from that person to cancel that person's voter registration. The notice shall be signed and the relationship to the previously mentioned voter stated.
(c) The State Board of Elections may cancel the voter registrations for any person who has moved out of state and given permission in writing or as otherwise provided in this section.
(d) Upon registration of a person in Delaware who is registered to vote in another state, the Department or State Election Commissioner shall notify the other state that the person has registered to vote in the State of Delaware.
15 Del. C. 1953, §  1707;  57 Del. Laws, c. 181, §  29;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 232, §  16;  77 Del. Laws, c. 227, §§  2, 22;  79 Del. Laws, c. 275, §  22;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1708. Correction of errors.

§ 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 any change in the year of birth of a registrant where there is a difference between the year submitted on a previous registration application and the year submitted on the most current registration application. The Board may, if deemed appropriate, refer such discrepancies to the Attorney General or the State Election Commissioner for investigation; provided, however, that any discrepancy referred to the State Election Commissioner shall also be referred to the Attorney General.
15 Del. C. 1953, §  1708;  51 Del. Laws, c. 139, §  1;  57 Del. Laws, c. 181, §  28;  75 Del. Laws, c. 232, §  17;  79 Del. Laws, c. 275, §  23;
2023 Delaware Code › Title 15 - Elections › Chapter 17. REMOVAL PROCEDURES FOR REGISTRATION RECORDS › § 1709. Reregistration unnecessary upon change in election district boundary.

§ 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 the change of boundaries.
45 Del. Laws, c. 144, §  10;  45 Del. Laws, c. 148, §  10;  45 Del. Laws, c. 149, §  10;  15 Del. C. 1953, §  1709;  57 Del. Laws, c. 181, §  30;