reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5951. Trial by Court; by jury.

§ 5951. Trial by Court; by jury.
All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgment, determine that it is a case which, under the Constitution and laws of this State, the party or parties are entitled to a trial by jury. In such case a jury shall be empanelled and the cause proceed according to the rules and practice of the Court in jury trials.
17 Del. Laws, c. 33, §  12;  Code 1915, §  1909;  Code 1935, §  2027;  15 Del. C. 1953, §  5951;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5952. Proof and evidence limited by statement.

§ 5952. Proof and evidence limited by statement.
At the trial of any contest under this subchapter the contestant shall be limited in that contestant's proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their testimony to the facts set forth in the statement with respect to which it shall be stated that they will be expected to testify.
17 Del. Laws, c. 33, §  6;  19 Del. Laws, c. 572, §  1;  Code 1915, §  1905;  Code 1935, §  2023;  15 Del. C. 1953, §  5952;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5953. Examination of ballots by Court.

§ 5953. Examination of ballots by Court.
In the trial of any contested election under this subchapter, the Court may make an examination of the ballots given in such election, except that wherever the ballot boxes, ballots, poll lists, tally sheets or other books or records pertaining to any election, excepting the certificate of election of the officer against whom the contest may be made, duly signed by the Court constituting the board of canvass and under the seal of court, and delivered according to law, shall have come in any way, legally or illegally, into the possession, care or custody of any person, officially or otherwise, who shall have been a candidate and voted for upon the same official ballot as a candidate of the same political party as the contestant, no such ballot boxes, poll lists, tally sheets or other books or records pertaining to the said election, excepting the certificate of election, shall be offered in evidence in any contest begun or prosecuted under the provisions hereof, and the Court may make and enforce by attachment all necessary orders to obtain possession of the same.
17 Del. Laws, c. 33, §  13;  19 Del. Laws, c. 572, §  4;  Code 1915, §  1910;  Code 1935, §  2028;  15 Del. C. 1953, §  5953;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5954. Judgment.

§ 5954. Judgment.
(a) After hearing the allegations and proofs in the cause the Court shall render judgment (in accordance with the verdict of the jury, if a jury shall have tried the cause) either confirming or annulling such election altogether.
(b) If it appear by the judgment of the Court or the verdict of the jury (if there be a jury) that any other person than the one whose election is contested received the highest number of legal votes, judgment shall be rendered declaring such person duly elected.
(c) When the person whose election is contested is proved to be ineligible to the office, judgment shall be rendered declaring the election void and the office vacant, and such proceedings shall then be had as in vacancies happening from any other cause. When it shall appear that 2 persons have received an equal number of legal votes for the same office, the provisions of law for the settlement of such cases shall prevail, if there be any such provision; if there be none, then the office shall be adjudged and declared vacant, and such proceedings shall then be had as in vacancies happening from any other cause.
17 Del. Laws, c. 33, §§  13-15;  19 Del. Laws, c. 572, §  4;  Code 1915, §§  1910-1912;  Code 1935, §§  2028-2030;  15 Del. C. 1953, §  5954;
2023 Delaware Code › Title 15 - Elections › Chapter 59. CONTESTED ELECTIONS › Subchapter III. Other Offices › § 5955. Costs.

§ 5955. Costs.
(a) Costs in all cases under this subchapter shall be awarded against the unsuccessful party to the contest.
(b) Charges for costs shall be as near as possible to the charges for similar services in other cases tried in the Superior Court.
(c) Execution may issue to collect costs.
17 Del. Laws, c. 33, §§  11, 16;  Code 1915, §§  1908, 1913;  Code 1935, §§  2026, 2031;  15 Del. C. 1953, §  5955;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6101. Statement of purpose.

§ 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 vote.
72 Del. Laws, c. 314, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6102. Definitions.

§ 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 V of the Constitution of this State which permanently disqualifies any person convicted of such felony from voting.
(2) [Repealed.]
(3) “Full discharge” or “fully discharged” shall mean that a person convicted of a felony which is not disqualifying has served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision.
(4) “State Election Commissioner” shall mean the State Election Commissioner or the Commissioner's designee.
(b) For the purposes of § 2 of article V of the Constitution of this State and for the purposes of this chapter, no sentence shall be deemed to be expired until a person convicted of a felony which is not disqualifying has served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;  80 Del. Laws, c. 311, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6103. Application for registration: felony conviction reviews.

§ 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 each registration application, perform an electronic inquiry against the Criminal Justice Information System (CJIS) and other data to determine if the applicant has been convicted of a felony. If the applicant has not been convicted of a felony and is otherwise eligible to register to vote pursuant to the Delaware Constitution and this title, the applicant shall be registered.
(b) If a review by the county office of the Department of Elections shows that the applicant has been convicted of a disqualifying felony, the registration application shall be denied and the applicant shall not be permitted to register.
(c) If the applicant has been convicted of a felony which is not disqualifying but the applicant has not served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision, then the registration application shall be denied.
(d) If the results of the CJIS inquiry cannot determine the eligibility of the applicant, the respective county office of the Department of Elections shall forward the application to the State Election Commissioner.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;  80 Del. Laws, c. 311, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6104. Commissioner's review of application.

§ 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 community supervision imposed upon the applicant have been fully discharged.
(b) [Repealed.]
(c) Where it has been determined that the applicant was convicted of a felony which is not disqualifying, has fully discharged all imposed sentences, and otherwise meets all constitutional requirements, the applicant shall be permitted to register as a qualified voter. Each stage of the review process shall be completed within a reasonable time.
(d) Where the State Election Commissioner determines from information received from the Department of Correction that the applicant has not fully discharged all sentences or that other questions or issues relating to the applicant's eligibility are still unresolved, the Commissioner shall deny the application for registration. Upon denial of an application under this section, the applicant shall be notified by mail.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;  80 Del. Laws, c. 311, § 3;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6105. Cooperation between agencies; waiver of fees.

§ 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 other computer searches shall be waived. Each state agency and public subdivision of this State shall cooperate with and assist the State Election Commissioner in the performance of the Commissioner's duties in implementing the provisions of this chapter, including but not limited to fingerprinting, background investigations and record reviews.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6106. Rules and regulations.

§ 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 register to vote.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 61. REGISTRATION OF FORMER FELONS › § 6107. Appeals.

§ 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 the Court, in writing, approves such person's registration application.
72 Del. Laws, c. 314, §  1;  77 Del. Laws, c. 227, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7101. Vacancies in General Assembly; writs of election.

§ 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 issued by the presiding officer of the house in which the vacancy exists, directed to the Department or, in case of necessity, in such other manner as shall be provided by law. Whenever there is such vacancy in either house and the General Assembly is not in session, the Governor may issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either house in case of vacancy.
Code 1852, §  379;  Code 1915, §  1816;  Code 1935, §  1905;  15 Del. C. 1953, §  7101;  57 Del. Laws, c. 181, §  77;  77 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 275, §  97;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7102. Day for holding special election.

§ 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 days next after the day of issuing the writ.
(b) If a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the officer issuing the writ shall set the time for the election to fill the vacancy at the time of the general election unless the vacancy occurs after September 1 but before the general election and the office for which there is to be a special election is not on the ballot for the aforesaid general election, in which event, the officer issuing the writ shall set the time for the special election no earlier than December 12 nor later than December 20 in the year of the general election.
(c) Notwithstanding subsection (b) of this section, if a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the presiding officer of the house in which the vacancy occurs may determine that a special election shall be held sooner than the date of the general election, in which event the requirements of § 7101 of this title and subsection (a) of this section shall be followed.
Code 1852, §  382;  Code 1915, §  1819;  Code 1935, §  1908;  45 Del. Laws, c. 154, §  18;  15 Del. C. 1953, §  7104;  51 Del. Laws, c. 99, §§  1, 2;  71 Del. Laws, c. 491, §  1;  77 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7103. Candidates [Effective until Jan. 1, 2024].

§ 7103. Candidates [Effective until Jan. 1, 2024].
(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 conducting the special election no later than 25 days before the date of the special election. If the legislative district up for election includes the area of more than 1 county, the county committees for each county shall agree on 1 candidate and the committee for the county where the candidate resides shall submit the nomination to the Department office conducting the special election.
(b) A person wishing to run as an unaffiliated candidate who is eligible to hold the office up for election must file a petition in support of that person's own candidacy containing the signatures of at least 1% of all voters who are registered in the legislative district as of the first day of the month preceding the month during which the vacancy was created. The person must file the petition with the Department office conducting the special election no later than 25 days before the day of the special election.
(c) If a party eligible to place candidates on the ballot does not have a county committee in the county in which the special election is to be held, the party's state committee may make the nomination.
(d) Nominating certificates shall be in writing and, in each case, shall contain the name of each person nominated, the person's residence and the office for which the person is nominated. The chairperson for the party making such certificates shall add thereto the chairperson's own signature and place of residence and shall acknowledge such certificate before an officer duly authorized to administer oaths, and a certificate of such acknowledgment shall be fixed to the instrument.
(e) Notwithstanding any other subsection of this section, nominations or petitions for a special election to be held on the date of the general election under the provisions of § 7102(b) of this title shall be filed no later than September 1 or 5 days following the vacancy, whichever is later, if the office is on the general election ballot, or on the date set by the Department if the election is to be held in December following the general election.
77 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  97;  82 Del. Laws, c. 170, § 51;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7104. Notices.

§ 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 proclamation reciting the writ and appointing a day for holding a special election and the officer or officers to be chosen on the outside of the courthouse door of its county, the State's and the department's web site, and the state calendar; and
(2) On the fifth, third and last day prior to the special election, the Department shall publish notice of the special election in a newspaper of general circulation that covers the legislative district up for election.
Code 1852, §§  382-384;  Code 1915, §§  1819, 1821;  Code 1935, §§  1908, 1910;  45 Del. Laws, c. 154, §§  18, 20;  15 Del. C. 1953, §§  7105, 7106;  49 Del. Laws, c. 4, §  5;  58 Del. Laws, c. 148, §  141;  61 Del. Laws, c. 480, §  21;  77 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 275, §  97;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7105. Election officers and polling places.

§ 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 special election. If a polling place is not available, the Department shall combine the election district or districts in that polling place with the election district or districts in a nearby polling place or contract with another location. The Department shall notify voters if their polling place is moved to another building.
Code 1852, §§  385, 386;  Code 1915, §  1822;  Code 1935, §  1911;  15 Del. C. 1953, §  7107;  77 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 275, §  97;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7106. General election laws applicable.

§ 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 same laws, so far as the same may be applicable, as prescribed for the general election; unless otherwise provided for in this chapter or elsewhere in this title.
(b) The Department may consolidate election districts within the same building.
Code 1852, §  387;  Code 1915, §  1823;  Code 1935, §  1912;  45 Del. Laws, c. 154, §  21;  15 Del. C. 1953, §  7109;  77 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 275, §  97;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7107. Board of canvass.

§ 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 section, with reference to such special election, at the same place, with the same powers and in the same manner as for a general election.
Code 1852, §  388;  Code 1915, §  1824;  Code 1935, §  1913;  15 Del. C. 1953, §  7110;  77 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7108. Term of office of one elected to fill vacancy.

§ 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;
2023 Delaware Code › Title 15 - Elections › Chapter 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY › § 7109. Costs of special election.

§ 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 the Office of Management and Budget.
27 Del. Laws, c. 65, §  24;  Code 1915, §  1815;  38 Del. Laws, c. 88, §  1;  Code 1935, §  1904;  15 Del. C. 1953, §  7112;  77 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 275, §  97;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7301. Special election to fill vacancy.

§ 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 shall appoint, in the several counties at the same places which at the time shall be prescribed by law for holding the general election.
78 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7302. Time of election; general election.

§ 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 general election shall be appointed, then the election shall be held and conducted and all the proceedings touching the same had as part of the general election.
Code 1852, §  421;  Code 1915, §  1887;  Code 1935, §  2006;  15 Del. C. 1953, §  7302;  78 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7303. Writs of election.

§ 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 election in its county, for choosing a Representative in place of the Representative whose seat shall so have become vacant, which writ shall be delivered to the Department at least 60 days before the day therein appointed for holding the election.
Code 1852, §  416;  Code 1915, §  1881;  Code 1935, §  2000;  45 Del. Laws, c. 153, §  1;  15 Del. C. 1953, §  7303;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 158, §  1;  79 Del. Laws, c. 275, §  98;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7304. Notice to the public.

§ 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 published in a county, in an edition of each of 2 weekly newspapers. Such notice shall state the day and place of the election and the officer to be chosen.
Code 1852, §§  417, 418;  Code 1915, §§  1882, 1884;  Code 1935, §§  2001, 2003;  45 Del. Laws, c. 153, §§  2, 3;  15 Del. C. 1953, §  7304;  58 Del. Laws, c. 215, §  40;  78 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7305. Nomination of candidates.

§ 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 shall submit a certificate of nomination on the form and in the manner specified by the State Election Commissioner to the State Election Commissioner not later than 7 days following issuance of the writ.
Code 1852, §§  417, 418;  Code 1915, §  1884;  Code 1935, §  2003;  45 Del. Laws, c. 153, §  3;  15 Del. C. 1953, §  7305;  49 Del. Laws, c. 4, §  5;  58 Del. Laws, c. 148, §  142;  61 Del. Laws, c. 480, §  22;  78 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7306. Conduct of special election.

§ 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 either house of the General Assembly, and the votes given in each county shall be calculated, ascertained and certified at the same time and place and in like manner and by the same method and regulation as in case of such special election.
Code 1852, §§  419, 420;  Code 1915, §§  1885, 1886;  Code 1935, §§  2004, 2005;  15 Del. C. 1953, §  7306;  78 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7307. Polling places; voting machines; election officers.

§ 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 a minimum of 2 voting machines and a maximum of 5 voting machines to a voting district; and
(4) Shall assign a sufficient number of election officers to each voting district.
Code 1852, §  327;  17 Del. Laws, c. 29, §  7;  19 Del. Laws, c. 39, §  3;  21 Del. Laws, c. 41, §  1;  Code 1915, §  1883;  Code 1935, §  2002;  15 Del. C. 1953, §  7307;  78 Del. Laws, c. 158, §  1;  79 Del. Laws, c. 275, §  98;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter I. Representative in Congress › § 7308. Costs of the special election.

§ 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.
78 Del. Laws, c. 158, §  1;  79 Del. Laws, c. 275, §  98;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter II. United States Senator › § 7321. Vacancy; temporary appointment; term.

§ 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 electors of this State of some person to fill such vacancy until the same shall be filled at the next ensuing general election in the manner prescribed by law. The office of such temporary appointee shall terminate upon the election, under this title, of a Senator from this State in the Senate of the United States to fill the vacancy.
Code 1915, §  1890;  28 Del. Laws, c. 101;  Code 1935, §  2009;  15 Del. C. 1953, §  7321;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter II. United States Senator › § 7322. Certification of appointment; form.

§ 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 of the State, to the President of the Senate of the United States. Such certificates shall be countersigned by the Secretary of State of Delaware.
(b) The certificate, in the case of a temporary appointment by the Governor, may be in the following form, viz.:
“To the President of the Senate of the United States:
Be it known that I, ________________________________________________________________, Governor of the State of Delaware, according to the form of the Act of the General Assembly of said State, have appointed ________________________________________________________________ to be a Senator from the said State in the Senate of the United States, to serve as such Senator until the electors of the said State shall fill the vacancy caused by the death (resignation or otherwise) of ________________________________________________________________, lately Senator from said State, in the Senate of the United States. Given under our hands, in obedience to the said Act of the General Assembly and of the said Act of Congress, the ________________ day of ________________ A. D. ________________”.
Code 1915, §  1892;  28 Del. Laws, c. 101;  Code 1935, §  2010;  15 Del. C. 1953, §  7322;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter III. Electors of President and Vice President › § 7331. Procedure in case of failure to elect electors.

§ 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 appointed in this State or, if from any cause such electors shall fail to be chosen, the Governor shall immediately issue writs for convening the General Assembly, at Dover, on the fourth Monday of the same November, and the elector or electors to be appointed in this State for the election of a President and Vice President of the United States and not chosen at the general election shall be appointed by ballot by the General Assembly so convened in joint meeting of the Senate and House of Representatives.
Code 1852, §  404;  Code 1915, §  1861;  Code 1935, §  1980;  15 Del. C. 1953, §  7331;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 141, § 16;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter III. Electors of President and Vice President › § 7332. Mode of choosing by General Assembly.

§ 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 shall be voted for and each shall receive an equal number of votes, the President of the Senate shall give an additional casting vote; if upon twice balloting in succession more than 2 persons be voted for and 1 of such persons on each balloting receive one half the number of all the votes given, the President of the Senate may, on the second balloting, give an additional casting vote to the person having 1/2 of the number of all the votes given, or, if that person decline, the Speaker of the House of Representatives may, if the Speaker think proper, give an additional casting vote to the person having one half of such vote.
Code 1852, §  405;  Code 1915, §  1862;  Code 1935, §  1981;  15 Del. C. 1953, §  7332;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter III. Electors of President and Vice President › § 7333. Member of General Assembly ineligible.

§ 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;
2023 Delaware Code › Title 15 - Elections › Chapter 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR › Subchapter III. Electors of President and Vice President › § 7334. Certificates of appointment by General Assembly.

§ 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 respectively, and shall be transmitted by the President of the Senate as follows:
one to the Governor, in order that lists may be made, certified and delivered, according to the Act of Congress in that behalf and 1 to each of the electors appointed.
Code 1852, §  407;  Code 1915, §  1864;  Code 1935, §  1983;  15 Del. C. 1953, §  7334;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter I. General Provisions › § 7501. Applicability.

§ 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 vested in a Town Meeting or Town Assembly consisting of all eligible voters, residents, and/or leaseholders in the municipality, including Arden, Ardentown, and Ardencroft, and excepting the Board of Public Works of the City of Lewes, the New Castle Municipal Service Commission.
75 Del. Laws, c. 342, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7521. Elections.

§ 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 the canvass of the vote shall be conducted by the Department, which shall certify those candidates elected to office.
45 Del. Laws, c. 144, §  34;  15 Del. C. 1953, §  7521;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 390, §  2;  61 Del. Laws, c. 428, §  1;  79 Del. Laws, c. 275, §  99;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7522. Definition of political party.

§ 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 committee and officers of the city committee;
(2) Nominate candidates for the municipal election by a secret ballot of those enrolled for purposes of the municipal election as members of the party taken at a convention or by some other method of polling the party membership;
(3) Not later than August 15 of the year of the municipal election, file with the Department petitions certifying that the party exists and desires to have its candidates placed on the ballot for the forthcoming election. These petitions shall be signed by a number of registered voters of the City of Wilmington not less than 5 percent of the total number of registered voters within the City as of December 31 of the year immediately preceding the municipal election. These petitions shall be prepared between January 1 and August 15 of the year of the election. They shall include the signature, printed name, address at which registered and social security number of each qualified voter signing the petition.
By dating and affixing my signature to this petition, I hereby swear (or affirm) that:
(1) My full name, address at which registered and social security number are as stated herein; (2) I am a duly registered voter of the State of Delaware, New Castle County and the City of Wilmington; (3) For the purposes of the municipal election only, I am a member
of the ......................................................... and I
name of party
support its efforts to have its name, party device and candidates listed on the next municipal election ballot; (4) The date entered opposite my signature is the date on which I signed this petition; and (5) I have read and understand this petition, and I understand that by intentionally entering false information hereon I shall be subject to prosecution for perjury.
The petition shall also include a sworn statement, signed by the person gathering the signatures and sworn to before a notary public, that such person witnessed the placing of each signature on the petition and, to the best of that person's knowledge or belief, all those who signed the petition were duly registered voters of the City of Wilmington. This statement shall be followed by a warning that any person who knowingly signs a statement which contains falsehoods shall be subject to prosecution for perjury.
15 Del. C. 1953, §  7522;  50 Del. Laws, c. 390, §  3;  61 Del. Laws, c. 428, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  99;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7523. Certificates of nomination.

§ 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 party on the date and in the manner prescribed for other nominations for the general election made under this title.
15 Del. C. 1953, §  7523;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 390, §  4;  61 Del. Laws, c. 428, §  3;  79 Del. Laws, c. 275, §  99;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7524. Title and device of party.

§ 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 thereof, shall not be used as the title, or part of the title, of any party. Each party shall select an appropriate figure or device to designate that party, but the coat of arms, seal or flag of the United States, this State or the City of Wilmington, or any part or variation thereof, shall not be used as such figure or device.
In case of a division in any party qualified under this subchapter and a claim by 2 or more factions to the same party name or title, figure or device, the State Board of Elections shall determine to which faction the name and device properly belong. If, within 5 days thereafter, the other faction fails to present and certify some other party title and/or device, the Board shall select some suitable title and/or device to represent that party upon the ballot.
15 Del. C. 1953, §  7524;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 390, §  5;  61 Del. Laws, c. 428, §  4;  79 Del. Laws, c. 275, §  99;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7525. Ballots.

§ 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 §§ 5000A through 5012A of this title.
15 Del. C. 1953, §  7525;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 390, §  6;  82 Del. Laws, c. 170, § 52;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7526. Supplemental certificates of nomination.

§ 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, §  143;  61 Del. Laws, c. 428, §  5;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7527. Contest of election.

§ 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 title shall be applicable, and all such contests shall be determined pursuant to all of said sections.
15 Del. C. 1953, §  7527;  50 Del. Laws, c. 390, §  8;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter II. City of Wilmington › § 7528. General provisions.

§ 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, 53, 55, and 57, as well as Chapter 50A of this title, are applicable to the holding of elections in accordance with this subchapter.
15 Del. C. 1953, §  7528;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 390, §  9;  82 Del. Laws, c. 170, § 53;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7540. Date for election.

§ 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, by resolution, shall fix a date for the special election required by § 101A(a)(2)e. of Title 22, at which all voters qualified under § 7543 of this title may vote, on the question whether the proposed annexation should be approved.
(b) The special election shall be held not less than 30 days nor more than 60 days after the date of approval of the county ordinance enacted pursuant to § 101A(a)(2)c. of Title 22.
66 Del. Laws, c. 135, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7541. Contents of notice of special election.

§ 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 circulation therein, once in each of 2 weeks preceding the week in which the special election is held, and by posting a notice in a prominent place in the building at which County Council meets for the conduct of legislative business. The notices shall state the time and place of the special election and further state that the purpose of the special election is to determine whether a majority of the qualified voters in each parcel of the territory are in favor of the annexation by the City of Wilmington. The posted notice shall also provide a detailed description of the territory, including, but not limited to, a map showing the territory in relation to the City of Wilmington and the area surrounding the territory.
66 Del. Laws, c. 135, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7542. Place, time and manner of voting; duties of Clerk of the Peace.

§ 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 voting shall be by printed ballot, which shall give the qualified voters an opportunity clearly to indicate their consent or objection to the annexation of the territory by the City of Wilmington.
(b) The Clerk of the Peace shall:
(1) Act as judge of the special election;
(2) Prepare, publish and post the notices required under § 7541 of this title;
(3) Prepare the ballots required for the special election; and
(4) Perform such other duties as provided in this subchapter for the Clerk of the Peace.
66 Del. Laws, c. 135, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7544. Certification of result of special election; retention of ballots.

§ 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 that judge of election's hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
66 Del. Laws, c. 135, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 75. MUNICIPAL ELECTIONS › Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A › § 7545. Alternative approval procedure when only 1 qualified voter exists.

§ 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 any other provisions in this subchapter or in Title 22 the annexation shall be deemed approved if, within 7 days of the County Executive's approval of the county ordinance pursuant to § 101A(a)(2)f. of Title 22, the qualified voter files with the Clerk of the Peace a sworn affidavit approving of the annexation. If the qualified voter is a corporation, limited partnership or other entity, such affidavit must be accompanied by a suitable sealed, certified copy of a corporate resolution or its equivalent authorizing an officer, agent or other person to execute the affidavit approving the annexation on behalf of the entity. On receipt of said affidavit, together with the authorization, if any, the Clerk of the Peace shall certify the approval to the County Council and to the Wilmington City Council under that Clerk of the Peace's hand and seal. Said certification shall, for all intents and purposes, be construed as the required certificate under § 7544 of this title and § 101A(a)(2)f. of Title 22.
66 Del. Laws, c. 135, §  2;  70 Del. Laws, c. 186, §  1;