reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2102. Notice of appeal.

§ 2102. Notice of appeal.
(a) In order to prosecute an appeal, the person taking the same shall notify the Department or registration officers of the decision from which the appeal is taken and also the person affected by the appeal, stating in the notice the time when the appeal will be presented.
(b) To take an appeal from a decision of the registration officers it shall not be necessary for the appellant to declare that appellant's own intention so to do to the registration officers other than by the notice to the Department and the registration officers as provided in subsection (a) of this section.
(c) No entry in the registration records with respect to an appeal shall affect the right to appeal.
21 Del. Laws, c. 36, §  11;  Code 1915, §  1636;  34 Del. Laws, c. 106, §  1;  Code 1935, §§  1723, 1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  2102;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 171, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  46;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2103. Notice of appeal to correct name; correction by judge.

§ 2103. Notice of appeal to correct name; correction by judge.
Any person applying to the court to have any name appearing in any manner incorrectly in the Election District Record for such person's election district to be corrected shall give notice as provided in this chapter to the Department of that person's intention to make application for the correction thereof, so that the Department or its duly authorized representatives shall and may be present with the appropriate registration records to make such corrections therein as the court shall order and direct, and shall also give notice of that person's intention to the person affected, as provided in this chapter.
21 Del. Laws, c. 36, §  16;  Code 1915, §  1637;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1724;  15 Del. C. 1953, §  2103;  50 Del. Laws, c. 171, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  46;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2104. Manner of giving notice; time; proof.

§ 2104. Manner of giving notice; time; proof.
(a) All notices required to be served upon any person by this chapter shall be in writing and shall be served personally or by registered mail, return receipt requested, addressed to the person's address that appears in the County Master Record.
(b) All required notices shall be served at least 5 days prior to the day on which the appeal or application is made to the court. The date of personal service or the date of mailing shall be considered as the first day in computing the 5 days' period.
(c) In all cases where service is made by registered mail, proof of such service shall be by affidavit showing the date of mailing and by the return receipt which shall be annexed to the affidavit showing that the person sought to be served received or refused the notice by registered mail or that the person sought to be served was unknown at the address appearing in the County Master Record.
(d) No appeal shall be considered by the court unless it is satisfied that notice has been given as required by this section.
21 Del. Laws, c. 36, §  16;  Code 1915, §  1637;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1724;  44 Del. Laws, c. 108, §  1;  15 Del. C. 1953, §  2104;  50 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2105. Affidavit of appellant.

§ 2105. Affidavit of appellant.
No appeal shall be received and acted upon by the court unless the appellant shall at the time of presenting that appellant's appeal also make and file therewith an affidavit that notice of that appellant's intention to present the appeal on the day was given to the Department or registration officers or both, and to the person affected by the appeal, and that such appeal is made in good faith and based upon facts within the knowledge of the person making and filing such affidavit.
Code 1935, §  1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  2105;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 171, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  46;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2106. Disposition of appeals.

§ 2106. Disposition of appeals.
In the event any appeal is taken or any appeal remains undetermined within the period of 30 days before the date of the general election, the court shall give priority to any such appeal over any other business before the court, and the court shall hear and determine the appeal and enter an order as provided in § 2110 of this title, on or before the tenth calendar day preceding the last registration day.
21 Del. Laws, c. 36, §  16;  23 Del. Laws, c. 56, §  1;  Code 1915, §  1637;  34 Del. Laws, c. 106, §  1;  Code 1935, §§  1724, 1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  2106;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 171, §  1;  57 Del. Laws, c. 181, §  40;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2107. Limit on appeals presenting the same issue.

§ 2107. Limit on appeals presenting the same issue.
Once an appeal has been determined, no appeal shall thereafter be heard or allowed by the court which presents the same or substantially the same issue as has already been determined in a prior appeal.
45 Del. Laws, c. 148, §  35;  45 Del. Laws, c. 149, §  35;  15 Del. C. 1953, §  2107;  50 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2108. Duty of registration officers to attend appeals.

§ 2108. Duty of registration officers to attend appeals.
The registration officers of an election district shall attend and be present at all hearings of which they had notice, before the court sitting for that purpose, of appeals which have been taken from their decision.
21 Del. Laws, c. 36, §  17;  Code 1915, §  1638;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1725;  15 Del. C. 1953, §  2108;  50 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2109. Alternate registrars.

§ 2109. Alternate registrars.
All the powers and duties conferred or enjoined upon registration officers by this chapter are expressly made the powers and duties of all alternate registration officers in the absence of any registration officer from that registration alternate officer's election district or the registrar's disability to perform the duties imposed upon such registration officer by this chapter.
21 Del. Laws, c. 36, §  18;  Code 1915, §  1639;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1726;  15 Del. C. 1953, §  2109;  49 Del. Laws, c. 4, §  4;  49 Del. Laws, c. 17, §  16;  50 Del. Laws, c. 171, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2110. Order by court.

§ 2110. Order by court.
The court hearing any appeal shall order and direct the Department to make such entries in the registration records as the law and the facts shall warrant.
21 Del. Laws, c. 36, §  16;  Code 1915, §  1637;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1724;  15 Del. C. 1953, §  2110;  50 Del. Laws, c. 171, §  1;  79 Del. Laws, c. 275, §  46;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2111. Finality of decisions.

§ 2111. Finality of decisions.
The decision of the court on any appeal provided for in this chapter shall be final.
Code 1935, §  1744;  45 Del. Laws, c. 145, §  15;  15 Del. C. 1953, §  2111;  50 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2112. Costs.

§ 2112. Costs.
The person who makes the affidavit taking such appeal shall pay all the costs of the appeal if the appeal is finally dismissed. The costs shall be fixed by the court and taxed upon the appellant at the time of such dismissal.
Code 1915, §  1637;  37 Del. Laws, c. 117, §  9A;  Code 1935, §  1724;  15 Del. C. 1953, §  2112;  50 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2113. Registration appeal dockets.

§ 2113. Registration appeal dockets.
(a) The Department shall provide books of permanent record to be known as “registration appeal dockets,” in which a permanent record shall be made and preserved of all registration appeals made to, and acted upon by, the court hearing registration appeals. The dockets shall contain the following information in respect to each appeal:
(1) Date of the appeal;
(2) Name of the appellee;
(3) The ground or grounds of each appeal;
(4) The name of the person or persons making the affidavit or affidavits on each appeal;
(5) The determination of the court on each of the grounds of appeal asserted in each such appeal.
(b) The docket may contain such other information or data as may be required to make a complete record of each appeal acted upon. All entries in the dockets shall be under the supervision and direction of the court and the record of each appeal shall be approved by the court hearing the appeal. The record of each appeal shall fully disclose each and every ground upon which the appeal is filed. The registration appeal dockets shall remain in the care and custody of the Department and shall be produced before the court by the Department whenever required by the court sitting for the purpose of hearing appeals.
45 Del. Laws, c. 148, §  35;  45 Del. Laws, c. 149, §  35;  15 Del. C. 1953, §  2113;  50 Del. Laws, c. 171, §  1;  79 Del. Laws, c. 275, §  46;
2023 Delaware Code › Title 15 - Elections › Chapter 21. REGISTRATION APPEALS › § 2114. Timing of appeal.

§ 2114. Timing of appeal.
Notwithstanding the sections of this chapter, any person who asserts that he or she properly registered but has been denied the right to vote may appeal such denial to the court up to and including the day of the election.
73 Del. Laws, c. 34, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2301. Neglect of duty; corrupt or fraudulent conduct; penalty.

§ 2301. Neglect of duty; corrupt or fraudulent conduct; penalty.
Whoever, being a member of the Department, is guilty of any wilful neglect of any duty imposed by this title or of any corrupt or fraudulent conduct or practice in the execution of such duty shall be fined not more than $200 or imprisoned not more than 2 years or both.
45 Del. Laws, c. 144, §  8;  45 Del. Laws, c. 148, §  8;  45 Del. Laws, c. 149, §  8;  15 Del. C. 1953, §  2301;  79 Del. Laws, c. 275, §  47;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2302. Wrongful registration; assault; riot; breach of peace; penalty.

§ 2302. Wrongful registration; assault; riot; breach of peace; penalty.
Whoever causes or attempts to cause himself or herself to be registered in:
(1) The name of any other person living or dead or under any fictitious name; or
(2) Any election district in this State, knowing that he or she has not the right to be registered; or
(3) Whoever, knowing himself or herself to be registered in any election district in this State, causes or attempts to cause himself or herself to be registered in any other election district in this State without having first caused that person's own record to be removed from the Election District Record in which that person's original permanent registration record may have been previously entered; or
(4) Whoever, knowing himself or herself to be disqualified as a voter at the next following general election, causes or attempts to cause himself or herself to be entered in the Election District Record in any election district in this State as a registered voter therein or unlawfully interferes with any registrar, alternate registrar or assistant registrar in the discharge of his or her duties under this title; or
(5) Whoever makes any assault or commits any assault and battery or incites or creates any riot or breach of the peace at or near to any place of registration in this State during the sitting of any registration officers;
shall be fined not less than $50 or more than $200 or imprisoned not less than 30 days or more than 2 years or both.
19 Del. Laws, c. 38, §  21;  21 Del. Laws, c. 36, §  24;  Code 1915, §  1645;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1732;  15 Del. C. 1953, §  2302;  50 Del. Laws, c. 170, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies; penalty.

§ 2303. Registration records; fraudulent entries; alterations, obliterations or omissions; loss; destruction; mutilation; secretion; false copies; penalty.
(a) Whoever, being a registrar, alternate registrar or assistant registrar:
(1) Fraudulently enters or permits to be entered in any registration record the name of any person as a registered voter who is not entitled to be entered therein as a registered voter; or
(2) Fraudulently refuses or omits to register or fraudulently misspells in any registration record in his or her charge the name of any person entitled under this title to have his or her name entered in such registration records; or
(3) Fraudulently removes from any Election District Record in his or her charge the original permanent registration record of any person entered therein; or
(4) Makes any entry in any registration record, except at the time and in the manner in this title provided; or
(5) Does anything which is by this title forbidden to do; or
(6) Whoever, being a registrar, alternate registrar or assistant registrar, inspector or judge of election:
a. Loses any registration records which may be in his or her charge or custody; or
b. Wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes any registration record; or
c. Knowingly makes any false entry in or false copy of any registration record or any part thereof; or
d. Fraudulently makes any entry, erasure or alteration in any registration record;
shall be deemed to have knowingly and wilfully violated his or her official duty and shall be fined in such amount or imprisoned for such term or both as the court in its discretion may determine.
(b) Whoever, other than the officials referred to in subsection (a) of this section, makes, alters or obliterates any entry in any registration record, or wilfully destroys, mutilates, defaces, falsifies or removes or secretes any registration record, shall be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
19 Del. Laws, c. 38, §§  20, 22;  21 Del. Laws, c. 36, §  25;  Code 1915, §  1644;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1731;  15 Del. C. 1953, §  2303;  50 Del. Laws, c. 170, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2304. Alcoholic liquor in registration places; penalty.

§ 2304. Alcoholic liquor in registration places; penalty.
Whoever, during the sitting of the registration officers in any election district in this State, brings, takes, orders or sends into, or attempts to bring, take or send into, any place of registration any alcoholic liquor, or, at any such time or place, drinks or partakes of any such liquor, shall be fined not more than $100 or imprisoned not more than 90 days, or both.
19 Del. Laws, c. 39, §  32;  21 Del. Laws, c. 36, §  22;  Code 1915, §  1643;  34 Del. Laws, c. 106, §  1;  Code 1935, §  1730;  15 Del. C. 1953, §  2304;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2305. Intimidation of registration officers; penalty.

§ 2305. Intimidation of registration officers; penalty.
If any person, firm, corporation or employer existing or doing business in this State hinders, coerces or intimidates or attempts to hinder, coerce or intimidate any person who has been appointed a registration officer under the laws of this State from qualifying and performing such person's duties as such by threats of depriving such person of employment or occupation, absolutely or contingently, directly or indirectly, shall be liable to a penalty of $500, recoverable by the Attorney General by civil action in any court of competent jurisdiction in the name of the State, and for the use and benefit of this State.
In any trial under this section the acts of any officer of a corporation, so far as they affect an employee or servant of such corporation, shall be taken and held to be the acts of the corporation, whether special or general authority as to such acts from the corporation is shown or not.
Nothing contained in this section shall be construed to relieve any officer of a corporation from individual liability under this section.
45 Del. Laws, c. 144, §  24;  45 Del. Laws, c. 148, §  24;  45 Del. Laws, c. 149, §  24;  15 Del. C. 1953, §  2305;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2306. Notice to Attorney General of violations of registration laws.

§ 2306. Notice to Attorney General of violations of registration laws.
The Department shall notify the Attorney General of all violations of the registration laws.
45 Del. Laws, c. 144, §  9;  45 Del. Laws, c. 148, §  9;  45 Del. Laws, c. 149, §  9;  15 Del. C. 1953, §  2306;  49 Del. Laws, c. 4, §  5;  79 Del. Laws, c. 275, §  48;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2307. Unauthorized entering of registration area; interference with registration; penalty.

§ 2307. Unauthorized entering of registration area; interference with registration; penalty.
(a) Whoever, not being a registration officer or other department of elections personnel, enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration other than to register to vote shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 30 days nor more than 2 years, or both.
(b) Whoever enters the prohibited registration area, as stipulated in § 2011 of this title, during the hours of registration for the purpose of interfering with the registration officers in the discharge of their duties or whoever attempts to molest, disturb or prevent the registration officers or any of those seeking to register from proceeding regularly with registration, shall be fined not less than $500 nor more than $1,000 or imprisoned not less than 90 days nor more than 3 years, or both.
15 Del. C. 1953, §  2307;  58 Del. Laws, c. 401, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 23. PENAL AND ENFORCEMENT PROVISIONS › § 2308. Failure to file financial disclosure.

§ 2308. Failure to file financial disclosure.
The Commissioner upon receiving notice pursuant to § 5815(c) of Title 29 that a candidate for state office has violated subchapter II, Chapter 58 of Title 29, shall publish such candidate's name on the Department of Elections website if:
(1) For a candidate in a primary election such candidate had not complied with subchapter II, Chapter 58 of Title 29 by August 1 of an election year.
(2) For a candidate in a general election such candidate has not complied with subchapter II, Chapter 58 of Title 29 by October 1 of an election year.
79 Del. Laws, c. 351, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 30. BALLOT QUALIFICATIONS › § 3001. Political parties.

§ 3001. Political parties.
No political party shall be listed on any general election ballot unless, 21 days prior to the date of the primary election, there shall be registered in the name of that party a number of voters equal to at least 1 0/1 0 0 of 1 percent of the total number of voters registered in the State as of December 31 of the year immediately preceding the general election year.
77 Del. Laws, c. 429, §  2;
2023 Delaware Code › Title 15 - Elections › Chapter 30. BALLOT QUALIFICATIONS › § 3003. County ballots.

§ 3003. County ballots.
The Department shall not list a political party on any ballot within the county unless at least 1 candidate for that political party qualifies to appear on at least 1 ballot in the county.
74 Del. Laws, c. 411, §  20;  79 Del. Laws, c. 275, §  50;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3101. Nomination, withdrawal, and primary election dates.

§ 3101. Nomination, withdrawal, and primary election dates.
The following schedule applies for all candidates:
(1) Notification of candidacy shall be on or before 12:
00 noon of the second Tuesday in July.
(2) Such notification of candidacy may be withdrawn on or before 4:
30 p.m. on the first Friday after the second Tuesday in July. In the event the first Friday after the second Tuesday in July is a legal holiday, then the final day to withdraw is the next day which is not a Saturday, Sunday, or a legal holiday.
(3) Primary elections for all political parties shall be conducted on the second Tuesday after the first Monday in September.
(4) [Repealed.]
20 Del. Laws, c. 393, §  18;  22 Del. Laws, c. 285, §  1;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1692;  40 Del. Laws, c. 142, §  7;  Code 1935, §  1780;  45 Del. Laws, Sp. Sess., c. 3,, §  1;  45 Del. Laws, c. 150, §  5;  15 Del. C. 1953, §  3102;  50 Del. Laws, c. 426, §  1;  57 Del. Laws, c. 241, §  2;  58 Del. Laws, c. 258, §§  1, 2;  58 Del. Laws, c. 368, §  1;  60 Del. Laws, c. 712, §  2;  61 Del. Laws, c. 418, §  9;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 343, §  1;  77 Del. Laws, c. 269, §§  2-4;  80 Del. Laws, c. 342, §§ 1, 3;  83 Del. Laws, c. 164, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3101A. Direct primary elections.

§ 3101A. Direct primary elections.
The nominations of candidates by all major political parties for all offices to be decided at a general election shall be conducted by direct primary. All such primaries shall be conducted by the Department under the applicable provisions of this title.
60 Del. Laws, c. 712, §  1;  61 Del. Laws, c. 418, §  10;  79 Del. Laws, c. 275, §  51;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3102. Primary elections in all districts to be held on same day.

§ 3102. Primary elections in all districts to be held on same day.
The primary elections for major political parties shall be held in the various districts on the same day as elsewhere provided in this title.
20 Del. Laws, c. 393, §  2;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1679;  Code 1935, §  1770;  15 Del. C. 1953, §  3103;  50 Del. Laws, c. 426, §  7;  57 Del. Laws, c. 241, §  3;  75 Del. Laws, c. 232, §  30;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3104. Hours at polling places.

§ 3104. Hours at polling places.
The time for opening the polls for the purpose of conducting a primary election shall be 7:
00 in the morning, and the time for closing the polls at such primary election shall be 8:
00 in the evening.
20 Del. Laws, c. 393, §  18;  22 Del. Laws, c. 285, §  1;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1692;  40 Del. Laws, c. 142, §  7;  Code 1935, §  1780;  45 Del. Laws, c. 150, §  5;  15 Del. C. 1953, §  3105;  50 Del. Laws, c. 426, §  8;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3105. Procedure when no contest.

§ 3105. Procedure when no contest.
In case there be no contest for any office in any particular election district or districts the department shall be governed accordingly and shall not hold a primary election in any such election district or districts.
Code 1935, §  1780;  45 Del. Laws, c. 150, §  5;  15 Del. C. 1953, §  3106;  50 Del. Laws, c. 426, §  9;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3107. Determination of nominee.

§ 3107. Determination of nominee.
Any candidate for party nomination to any office who receives a plurality of the votes cast in that candidate's party's primary election for that office shall be the nominee of that candidate's party for such office.
20 Del. Laws, c. 393, §  19;  22 Del. Laws, c. 285, §  2;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1693;  34 Del. Laws, c. 108, §  5;  Code 1935, §  1781;  45 Del. Laws, c. 150, §  6;  15 Del. C. 1953, §  3108;  49 Del. Laws, c. 4, §  5;  49 Del. Laws, c. 276, §  2;  50 Del. Laws, c. 426, §  10;  57 Del. Laws, c. 241, §  6;  57 Del. Laws, c. 567, §§  18D, 18E;  58 Del. Laws, c. 258, §§  6, 7;  58 Del. Laws, c. 368, §  4;  60 Del. Laws, c. 712, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3108. Primary election districts; conduct of primary elections.

§ 3108. Primary election districts; conduct of primary elections.
The Department shall, at least 2 weeks before a primary election, determine and establish primary election districts, each of which shall consist of 1 or more entire election districts in the same representative district.
The Department and the election officers shall conduct the primary elections in the same way that general elections are conducted and in accordance with the applicable provisions of this title, except that the voting machines shall be operated so that the only buttons open to each voter shall be the buttons for candidates of the party of the voter's party affiliation as shown by the voter's original permanent registration record.
The primary election officers and clerks shall be chosen by the Department from among the election officers and clerks selected for the general election for the election district or districts contained in the primary election district, and for each such primary election district the election officers and clerks shall be divided as equally as possible between the 2 principal parties.
20 Del. Laws, c. 393, §  23;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1697;  Code 1935, §  1785;  15 Del. C. 1953, §  3109;  50 Del. Laws, c. 426, §  11;  50 Del. Laws, c. 631, §  1;  51 Del. Laws, c. 107, §  1;  52 Del. Laws, c. 87;  57 Del. Laws, c. 567, §  17;  70 Del. Laws, c. 506, §  1;  79 Del. Laws, c. 275, §  54;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3109. Public notice of time and place.

§ 3109. Public notice of time and place.
Notice of primary elections shall at a minimum be given by publication of a notice of election in a daily newspaper of general circulation during 3 of the 10 days prior to a primary election with the last publication being the day before the aforesaid primary, or in the last issue of a weekly newspaper printed in a county before the aforesaid primary. Such notice shall also be, posted on the State's, the State Election Commissioners' and the Department's websites.
20 Del. Laws, c. 393, §  2;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1679;  Code 1935, §  1770;  15 Del. C. 1953, §  3110;  51 Del. Laws, c. 107, §  2;  58 Del. Laws, c. 215, §  19;  77 Del. Laws, c. 227, §§  2, 39;  79 Del. Laws, c. 275, §  55;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3110. Qualifications of voters.

§ 3110. Qualifications of voters.
An elector may vote in the primary election of a political party only if the elector is a duly registered voter and if it appears upon the elector's original permanent registration record that the elector's party affiliation is the same as the party which is holding the primary election.
20 Del. Laws, c. 393, §  20;  22 Del. Laws, c. 285, §  3;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1694;  40 Del. Laws, c. 142, §  8;  Code 1935, §  1782;  45 Del. Laws, c. 150, §  7;  15 Del. C. 1953, §  3111;  50 Del. Laws, c. 426, §  2;  57 Del. Laws, c. 181, §  42;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  40;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3111. Expenses paid by State.

§ 3111. Expenses paid by State.
The expenses for holding primary elections under this chapter, including stationery, and pay of officers and clerks shall be paid by the State.
20 Del. Laws, c. 393, §  35;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1709;  30 Del. Laws, c. 102, §  1;  Code 1935, §  1797;  45 Del. Laws, c. 150, §  9;  15 Del. C. 1953, §  3113;  51 Del. Laws, c. 149, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3113. Nominating conventions.

§ 3113. Nominating conventions.
The method of nominating candidates for the national Electoral College, for offices within a particular political party and for formulation of the party platform may be by convention.
15 Del. C. 1953, §  3116;  57 Del. Laws, c. 241, §  8;  57 Del. Laws, c. 567, §  18F;  58 Del. Laws, c. 258, §  8;  60 Del. Laws, c. 712, §  8;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter I. General Provisions › § 3115. Elected official, primary residency.

§ 3115. Elected official, primary residency.
(a) If an elected official relocated to a new primary residential address in the district they represent, they must, within 60 days of relocating, advise the Commissioner of Elections of the new address and provide the documents required by § 3114 of this chapter.
(b) Failure to provide the documents required by this section shall subject the elected official to a civil penalty of $100.
(c) Wilfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavit documents will be an act of fraud.
83 Del. Laws, c. 359, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3121. Registration records used.

§ 3121. Registration records used.
(a) The registration records for each election district in this State used for registration purposes for general, supplementary and additional registrations shall be used for all primary elections held under this chapter.
(b) The registration records for each election district in the City of Wilmington shall be used for primary election purposes in accordance with this chapter, and all persons, and only they, whose names appear on such registration records after the same have been added to, revised and corrected, as provided by law, shall be entitled to vote at a primary election to nominate candidates to be voted for at a subsequent municipal election in the City of Wilmington.
20 Del. Laws, c. 393, §  18;  22 Del. Laws, c. 285, §  1;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1692;  40 Del. Laws, c. 142, §  7;  Code 1935, §§  1776, 1780;  45 Del. Laws, c. 150, §§  2, 5;  15 Del. C. 1953, §  3121;  50 Del. Laws, c. 426, §  4;  75 Del. Laws, c. 232, §  31;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3122. Delivery of registration records to proper inspectors; penalty.

§ 3122. Delivery of registration records to proper inspectors; penalty.
(a) The Department of Elections shall before 7:
00 a.m. of the day on which a primary election is held by any political party deliver to the proper inspector the registration records for each general election district that may be contained within each primary election district, and the inspector shall have the registration records at the place of holding the primary election at the time for opening the polls on primary election day.
(b) In each year in which a municipal election is held in the City of Wilmington the inspector for each primary election district within such City, before 7:
00 a.m. of the day on which such primary election is held, shall be furnished by the Department with the registration records for each general election district that may be contained within such inspector's primary election district, and each inspector shall have the registration records at the place of holding the primary election in the inspector's district at the time for opening the polls on primary election day.
(c) Whoever:
(1) Being a member of the Department of Elections, refuses, neglects or fails to deliver to each inspector of any primary election to be held within the member's county the registration records for each general election district that may be contained in the primary election district to which such registration records apply; or
(2) Being an inspector, refuses, neglects or fails to have such registration records at the place of holding the primary election for any general or special election or any municipal election in the City of Wilmington at the time designated in this chapter;
shall, for each such offense, be fined $100, and the person's office shall be forfeited.
(d) Each day of refusal, neglect or failure shall constitute a separate offense under this section.
(e) For the purposes of this section, the term “registration records” means poll lists and signature cards, and/or an electronic device that contains the names and addresses of the registered voters in the election district.
20 Del. Laws, c. 393, §  24;  22 Del. Laws, c. 285, §  4;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1698;  34 Del. Laws, c. 108, §  7;  Code 1935, §  1786;  43 Del. Laws, c. 127, §  3;  45 Del. Laws, c. 150, §  8;  15 Del. C. 1953, §  3122;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 426, §§  4, 12;  57 Del. Laws, c. 567, §  18;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 188, §  23;  75 Del. Laws, c. 232, §  32;  79 Del. Laws, c. 275, §  56;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3123. Use of ballot.

§ 3123. Use of ballot.
All primary elections shall be by ballot.
20 Del. Laws, c. 393, §  2;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1679;  Code 1935, §  1770;  15 Del. C. 1953, §  3123;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3124. Ballots for voting devices.

§ 3124. Ballots for voting devices.
(a) The Department shall cause to be created the ballots to be used in any primary election.
(b) The names of all candidates for nomination for the same office must be placed under the title of the office, the surname of candidates to be placed in alphabetical order, and may not be separated one from another by any other matter.
20 Del. Laws, c. 393, §  39;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1713;  Code 1935, §  1801;  45 Del. Laws, c. 150, §  10;  15 Del. C. 1953, §  3124;  49 Del. Laws, c. 276, §  3;  51 Del. Laws, c. 107, §  3;  57 Del. Laws, c. 567, §  19;  58 Del. Laws, c. 148, §§  35-37;  60 Del. Laws, c. 414, §  7;  61 Del. Laws, c. 480, §  4;  75 Del. Laws, c. 232, §  33;  79 Del. Laws, c. 275, §  57;  82 Del. Laws, c. 170, § 5;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3125. Department to furnish voting devices, flags, supplies, and instructions for polling places.

§ 3125. Department to furnish voting devices, flags, supplies, and instructions for polling places.
For each polling place, the Department shall furnish all of the following:
(1) A flag or poster of suitable size for lettering thereon in at least 3-inch letters with the words POLLING PLACE.
(2) A flag of the United States of America no smaller in size than the polling place flag under paragraph (1) of this section.
(3) Poll list, stationary, and other such supplies customary and necessary for the use of the officers conducting such primary election.
(4) Written instructions and excerpts from those parts of this title as the Department deems necessary and appropriate to assist the election officers in the proper performance of the officers' duties.
(5) A proper number of voting devices of the type used in general elections, which devices must be duly inspected, prepared, and certified under Chapter 50A of this title for general elections.
20 Del. Laws, c. 393, §  26;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1700;  Code 1935, §  1788;  42 Del. Laws, c. 117, §  1;  43 Del. Laws, c. 127, §  4;  15 Del. C. 1953, §  3125;  49 Del. Laws, c. 276, §  4;  55 Del. Laws, c. 458, §  1;  57 Del. Laws, c. 567, §  20;  58 Del. Laws, c. 148, §§  38, 39;  60 Del. Laws, c. 414, §  8;  61 Del. Laws, c. 480, §  5;  70 Del. Laws, c. 188, §  24;  77 Del. Laws, c. 227, §  41;  79 Del. Laws, c. 275, §  58;  82 Del. Laws, c. 170, § 6;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3126. Voting to be by voting devices.

§ 3126. Voting to be by voting devices.
In every primary election district in which a primary election is to be held under this chapter, voting devices of the type used in general elections, as provided for in Chapter 50A of this title, must be used to record the votes, and the manner of voting must be the same as that set forth in Chapter 49 of this title.
20 Del. Laws, c. 393, §  27;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1701;  Code 1935, §  1789;  15 Del. C. 1953, §  3126;  57 Del. Laws, c. 567, §  21;  61 Del. Laws, c. 480, §  6;  70 Del. Laws, c. 506, §  2;  82 Del. Laws, c. 170, § 7;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter II. Books, Ballots, Supplies and Polling Places › § 3127. Designation of polling places.

§ 3127. Designation of polling places.
The Department shall, at least 2 weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for a general election. The Department may require any individual polling place, that is located in a state facility, public school, or other government-owned or -operated facility within the county, to be closed to persons other than the voters voting on the day of the primary election if it finds that the polling place cannot or will not provide sufficient access and facilities for the purposes of the primary election without such closure. The Department shall not exercise its authority to close a state facility, public school or other government-owned and -operated facility without prior consultation with the authorized representative of such facility and such consultation shall include all reasonable efforts to resolve any access issues that may exist without the need to close such facility.
20 Del. Laws, c. 393, §  23;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1697;  Code 1935, §  1785;  15 Del. C. 1953, §  3128;  50 Del. Laws, c. 426, §  15;  50 Del. Laws, c. 631, §  2;  58 Del. Laws, c. 148, §  40;  74 Del. Laws, c. 343, §  2;  79 Del. Laws, c. 275, §  59;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter III. Election Officers › § 3141. Form of oath.

§ 3141. Form of oath.
Before opening the election, the presiding officers and judges shall each take and subscribe an oath according to the following form:
“I do solemnly swear (or affirm) that in the primary election to be held on the . . . . . . . . day of . . . . . . A. D. . . . . . . I will not knowingly or willfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such primary election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such primary election, or any representative of any candidate or other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or representative of such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conducting of the primary election, I shall disclose the same to the executive authority that shall have directed the holding of the primary election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”
20 Del. Laws, c. 393, §  5;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1682;  Code 1935, §  1773;  15 Del. C. 1953, §  3143;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter III. Election Officers › § 3142. Powers to preserve peace.

§ 3142. Powers to preserve peace.
Each of the election officers of any primary election shall have the same powers as provided in § 4946 of this title.
20 Del. Laws, c. 393, §  34;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1708;  Code 1935, §  1796;  15 Del. C. 1953, §  3147;  58 Del. Laws, c. 148, §  41;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter III. Election Officers › § 3143. Compensation.

§ 3143. Compensation.
Compensation of the officers and clerks for the holding of primary elections shall be the same as the compensation for officers and clerks in general elections.
20 Del. Laws, c. 393, §  35;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1709;  30 Del. Laws, c. 102, §  1;  Code 1935, §  1797;  45 Del. Laws, c. 150, §  9;  15 Del. C. 1953, §  3148;  50 Del. Laws, c. 555;  52 Del. Laws, c. 14.;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3161. Voting procedure.

§ 3161. Voting procedure.
(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter's original permanent registration record whether the voter's party affiliation is the same as the party holding the primary election, and, if they are not the same, the voter shall not be permitted to vote in the primary election.
(b) Notwithstanding any provision to the contrary, if a qualified unaffiliated voter who is registered to vote for the first time pursuant to § 2050A of this title appears at a primary election and indicates the intent to enroll in the party holding the primary election, such voter shall be enrolled immediately in that party and be permitted to cast a regular ballot for the primary election.
20 Del. Laws, c. 393, §  20;  22 Del. Laws, c. 285, §  3;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1694;  40 Del. Laws, c. 142, §  8;  Code 1935, §  1782;  45 Del. Laws, c. 150, §  7;  15 Del. C. 1953, §  3161;  50 Del. Laws, c. 426, §  5;  51 Del. Laws, c. 107, §  5;  57 Del. Laws, c. 567, §  23;  83 Del. Laws, c. 71, § 3;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3162. Return of registration records; failure; penalty.

§ 3162. Return of registration records; failure; penalty.
(a) The inspector, immediately after the close of the primary election, shall return the registration records used by that inspector at any primary election to the Department, which shall preserve them.
(b) Whoever, being an inspector, neglects, refuses or fails to return the registration records as directed in this section shall, for each such offense, be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
20 Del. Laws, c. 393, §  20;  22 Del. Laws, c. 285, §  3;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1694;  40 Del. Laws, c. 142, §  8;  Code 1935, §  1782;  45 Del. Laws, c. 150, §  7;  15 Del. C. 1953, §  3164;  49 Del. Laws, c. 4, §  5;  50 Del. Laws, c. 426, §§  4, 6;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  60;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3163. Receiving illegal or refusing legal votes; penalty.

§ 3163. Receiving illegal or refusing legal votes; penalty.
Whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully receives, or advises or consents to the receiving of, the vote of any person not entitled to vote at such primary election; or whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully refuses to receive the vote of any person entitled to vote at such primary election, shall, for every such offense, pay $100 to any person who sues for the same or be fined not less than $100, and, in either case, be imprisoned until the judgments, fines and costs are paid in full or discharged by the court.
20 Del. Laws, c. 393, §  21;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1695;  Code 1935, §  1783;  15 Del. C. 1953, §  3165;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3164. Challengers.

§ 3164. Challengers.
(a) Each candidate for nomination at any primary election may appoint and accredit some suitable person as a challenger. One challenger for each candidate whose name appears on the ballot for that election district may be present inside the polling place and shall be permitted to observe the conduct of the primary election and all the election records. The challengers may be changed and their places filled in like manner during the day.
(b) The duties, privileges and activities of these challengers shall be governed by § 4934(a) and (b) and other pertinent sections of this title, consistent with this chapter.
20 Del. Laws, c. 393, §  32;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1706;  Code 1935, §  1794;  15 Del. C. 1953, §  3166;  50 Del. Laws, c. 426, §  16;  57 Del. Laws, c. 181, §  43;  58 Del. Laws, c. 148, §  43;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3167. Bribery at primary elections; penalty.

§ 3167. Bribery at primary elections; penalty.
Whoever, either in or out of this State, receives or accepts, or offers to receive or accept, or pays, transfers or delivers, or offers, or promises to pay, transfer or deliver, or contributes or offers, or promises to contribute to another to be paid or used, any money, or other valuable thing as a compensation, inducement or reward for the giving or withholding or in any manner influencing the giving or withholding a vote at any primary election held for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates for public office or for the purpose of selecting delegates to a national political convention thereafter to be held for the purpose of nominating candidates for the office of President and Vice President of the United States, shall be fined not less than $100 nor more than $5,000 or imprisoned not less than 1 month nor more than 3 years, or both.
Code 1915, §  1715A;  29 Del. Laws, c. 109, §  1;  Code 1935, §  1803;  15 Del. C. 1953, §  3169;