reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7711. Printing of ballots; to whom delivered; additional ballots.

§ 7711. Printing of ballots; to whom delivered; additional ballots.
The Department shall cause to be printed and distributed the ballots for the election of delegates in the quantity and in the manner provided by law for general elections; provided that such ballots as are required under the election laws to be delivered to the chairs of the various political parties shall, in lieu thereof, be distributed to the various nominees as equally as possible, and provided further that the Department, in addition to the ballots mentioned in this section, shall cause to be printed such further number of ballots as shall be directed by any nominee in any county; provided, however, that the Department shall not have printed any ballots upon the order or request of any nominee, unless the request shall have been made to him or her in writing at least 10 days prior to the holding of the election at which the ballots are to be used, nor unless a deposit sufficient to cover the cost of the ballots be made at the time they are ordered. The ballots so ordered by the nominees shall be delivered to the nominees or to their agents upon their request or order at least 5 days before the election at which the ballots are to be used.
38 Del. Laws, c. 5, §  10;  Code 1935, §  6215;  15 Del. C. 1953, §  7711;  61 Del. Laws, c. 480, §  23;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  102;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7713. Election of nominees; vacancies.

§ 7713. Election of nominees; vacancies.
The 17 nominees who receive the highest number of votes shall be the delegates to the convention. If there is a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegate was elected and, if the convention contains no other delegate of that group, shall be filled by the Governor.
38 Del. Laws, c. 5, §  12;  Code 1935, §  6217;  15 Del. C. 1953, §  7713;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7714. Meeting of delegates.

§ 7714. Meeting of delegates.
The delegates to the convention shall meet in the Senate Chamber at the State House in Dover on the twenty-eighth day after their election at 12:
00 noon, and shall thereupon constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified.
38 Del. Laws, c. 5, §  13;  Code 1935, §  6218;  15 Del. C. 1953, §  7714;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7715. Election of officers and adoption of rules.

§ 7715. Election of officers and adoption of rules.
The convention may elect its president, secretary and other officers and adopt its own rules.
38 Del. Laws, c. 5, §  14;  Code 1935, §  6219;  15 Del. C. 1953, §  7715;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7716. Journal of convention.

§ 7716. Journal of convention.
The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment.
38 Del. Laws, c. 5, §  15;  Code 1935, §  6220;  15 Del. C. 1953, §  7716;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7717. Certification of results.

§ 7717. Certification of results.
(a) After the sense of the majority of the total number of delegates composing the convention is taken upon the question of the ratification of the proposed amendment to the Constitution of the United States, the convention shall certify a resolution of its vote over the hand of the president, attested by the secretary and signed by all of the members of the convention. Such resolution shall be so certified in duplicate originals. The duplicate originals shall then be delivered by the convention to the Secretary of State together with the journal and any other records of the convention.
(b) If it appears from the resolutions so certified to the Secretary of State that the proposed amendment to the Constitution of the United States has been ratified by the convention, the Secretary of State of Delaware shall send to the Secretary of State of the United States 1 of the duplicate originals certified under the Delaware Secretary of State's hand and the seal of the State. The remaining duplicate original shall be proclaimed by publication and shall be deposited together with the journal and any other records of the convention in the Delaware Public Archives. If it appears from the resolutions so certified to the Secretary of State that the proposed amendment to the Constitution of the United States has not been ratified, the resolution shall be proclaimed by publication and the duplicate originals of the resolution together with the journal and any other record of the convention shall be deposited in the Delaware Public Archives.
38 Del. Laws, c. 5, §  16;  Code 1935, §  6221;  15 Del. C. 1953, §  7717;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 91, §  9;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7718. Compensation of delegates, officers and employees; expenses.

§ 7718. Compensation of delegates, officers and employees; expenses.
Every delegate to the convention shall receive $10 for every day that delegate is in attendance at such convention, not exceeding 3, and in addition thereto, 10 cents for each mile necessarily travelled by the delegate in making 1 round trip from the place of that delegate's residence to Dover. The president, secretary and other officers shall receive such compensation as may be fixed by the convention not in excess of $25 for any such officer, in addition to their compensation as such delegates. Disbursements for the purposes mentioned in this and for other necessary expenses of the convention, when approved by the convention and signed by the president, shall be paid by the State Treasurer out of any moneys not otherwise appropriated. The expenses of holding a special election shall be borne as provided by law for the holding of a general election.
38 Del. Laws, c. 5, §  17;  Code 1935, §  6222;  15 Del. C. 1953, §  7718;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION › § 7719. Applicability of act of Congress.

§ 7719. Applicability of act of Congress.
If at or about the time of submitting any such amendment, Congress shall, either in the resolution submitting the same or by a statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the provisions of this chapter shall be inoperative, the convention shall be constituted and shall operate as the resolution or act of Congress shall direct, and all officers of this State who may by the resolution or statute be authorized or directed to take any action to constitute such a convention for this State shall act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this State.
38 Del. Laws, c. 5, §  18;  Code 1935, §  6223;  15 Del. C. 1953, §  7719;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8001. Purpose.

§ 8001. Purpose.
The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this law.
67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8003. Duties of a candidate.

§ 8003. Duties of a candidate.
(a) A candidate shall establish a candidate committee. There shall only be 1 candidate committee for any candidate, although such candidate committee may have subcommittees. The candidate committee may continue in existence for more than 1 election period, and with respect to more than 1 elective office. Each candidate committee or subcommittee shall notify the Commissioner as required under § 8005 of this title, and shall comply with all the other requirements of this chapter. A candidate shall be responsible for the lawful operation of the candidate's own candidate committee and all subcommittees thereof.
(b) Except for independent expenditures that meet the requirements of this chapter, all contributions to or on behalf of a candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made from the candidate committee.
(c) A candidate shall cause the candidate's own candidate committee to keep complete records of all contributions received and all expenditures made by or on behalf of the candidate's candidacy, and shall retain such records for 3 full years following the election in which that candidate was a candidate; provided, however, that the candidate need not keep records of the names and mailing addresses of persons making contributions of $100 or less in an election period.
(d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate's campaign committee under § 8030 of this title.
(e) A candidate shall designate an individual as treasurer of that candidate's candidate committee, in order to assist with the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and filing the reports required by this chapter.
(f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of Title 29.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8004. School boards and offices paying under $1,000.

§ 8004. School boards and offices paying under $1,000.
Notwithstanding § 8003 of this title, or any other provision of this chapter, a candidate for election to a school board or to any other public office that pays less than $1,000 per year is not required to form a candidate committee if the candidate signs under penalty of perjury a statement, in a form prepared by the Commissioner, certifying that the candidate does not intend or expect that the candidate's campaign will receive or spend, from the date of the first contribution or expenditure on behalf of the candidate's election until the end of the year in which the election for the office is held, more than $5,000. If, notwithstanding the execution of the statement, the candidate's campaign nevertheless receives more than $5,000 in contributions or expends more than $5,000, including any contributions or expenditures by the candidate, before the end of the year in which the election for the office is held, the candidate shall, within 7 days after the receipt or expenditure in excess of $5,000, notify the Commissioner and cause to be filed all reports that would otherwise have been required under this chapter.
67 Del. Laws, c. 449, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 400, §  2;  83 Del. Laws, c. 210, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8005. Duties of a political committee.

§ 8005. Duties of a political committee.
A political committee shall:
(1) File a statement of organization with the Commissioner no later than 24 hours after it receives any contribution or makes any expenditure that causes the aggregate amount of contributions by or expenditures to such committee to exceed $500 during an election period. The statement of organization shall be filed under penalty of perjury, and shall include the following information:
a. The full name and mailing address of the committee;
b. The full name and mailing address of each of the officers of the committee, 1 of whom shall be an individual named as its treasurer;
c. A concise statement of the committee's purposes or goals;
d. The name, office sought, and party affiliation of any candidate whom the committee is supporting or opposing, to the extent such information is known as of the date of filing; and, if the committee is supporting the entire ticket of any party, the name of the party; and
e. If the committee files reports with the Federal Elections Commission or any out-of-state agency, a statement to that effect including the name of the agency.
(2) Report any change in its officers within 7 days after such change becomes effective.
(3) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee, and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures were made.
(4) File with the Commissioner the reports required under this chapter.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  78 Del. Laws, c. 400, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8006. Prohibitions.

§ 8006. Prohibitions.
(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other service, or any official action or lack of action, in connection with any contribution.
(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution whose donor's true name and address is not made known to the political committee that receives it.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter I. General Provisions › § 8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.

§§ 8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.
Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter II. Contribution Limits › § 8010. Contribution limits for candidates.

§ 8010. Contribution limits for candidates.
(a) No person (other than a political party) shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of such person's contributions to or in support of such candidate to exceed, with respect to a statewide election, $1,200 during an election period, or with respect to any election that is not statewide, $600 during an election period.
(b) No political party shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of contributions from any political party to or in support of a candidate in an election period of such candidate to exceed, for the following offices:
(1) Governor:
$75,000;
(2) All other State-wide offices:
$25,000;
(3) N.C.C. Executives:
$25,000;
(4) N.C.C. President:
$15,000;
(5) All other county offices:
$5,000;
(6) State Senate:
$5,000;
(7) State House of Representatives:
$3,000;
(8) All other offices:
$3,000.
67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter II. Contribution Limits › § 8011. Contribution limits for parties.

§ 8011. Contribution limits for parties.
No person shall make any contributions which will cause the total amount of such person's contributions to a political party to exceed $20,000 during an election period. No treasurer or other person acting on behalf of any political party shall accept any contribution which such person knows will cause the total amount of the donor's contributions to a political party to exceed $20,000 during an election period. The contribution limits set forth in this chapter shall not be applicable to any contributions received by a political party from or on behalf of any national political party, any organization subordinate to such national political party or any other national political organization established for the purpose of supporting elections to national, state and local offices including, but not limited to, the Republican and Democratic Senatorial Campaign Committees, the Republican and Democratic Congressional Campaign Committees, the Republican and Democratic Victory Funds, the Republican and Democratic Governors' Associations.
67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter II. Contribution Limits › § 8012A. Contributions to a political party from a joint account.

§ 8012A. Contributions to a political party from a joint account.
(a) Any contribution to a political committee made by means of a check, debit card, or other means of payment from a joint account shall be allocated to the person who signed the check, who authorized the payment in writing, or who provided an electronic signature or electronic verification for such contribution. If more than 1 person on the joint account signed the check, authorized payment in writing, or provided their electronic signature or electronic verification authorizing the contribution, then the contribution shall be allocated equally to those persons unless written directions are provided upon receipt of the check or authorization of payment as to how to allocate the contribution amongst those persons.
(b) If a contribution to a political committee by means of a check, debit card, or other form of payment from a joint account causes a contributor to exceed the limits established in this subchapter, the treasurer of such political committee shall either:
(1) Return the excessive portion of the contribution to the contributor; or
(2) Reattribute such contribution if:
a. The treasurer informs such contributor in writing that he or she has exceeded the limit;
b. The treasurer informs such contributor in writing that he or she may request the return of the excessive portion of the contribution; and
c. Such contributor provides the treasurer with written directions reattributing the contribution signed by each person the contribution is being attributed within 60 days of the political committee receiving the contribution.
79 Del. Laws, c. 345, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter III. Expenditures › § 8020. Authorized campaign expenditures [Effective until Jan. 1, 2024].

§ 8020. Authorized campaign expenditures [Effective until Jan. 1, 2024].
No political committee may make any expenditure except for the following purposes:
(1) Wages of full-time or part-time campaign staff (but no salary or wage for a candidate or a candidate's spouse).
(2) Travel expenses of the candidate and campaign staff.
(3) Payment of fees or charges for placing the name of the candidate on the ballot, and for collecting the returns of the election.
(4) Costs of telephone and other communications services.
(5) Costs of postage and other delivery services.
(6) Printing and stationery.
(7) Food, refreshments and related supplies.
(8) Purchase and preparation of lists of voters.
(9) Taking polls and making canvasses of voters.
(10) Payment for election watchers.
(11) Rental of office and rental and purchase of equipment.
(12) Advertising and publicity.
(13) In the case of a candidate committee, purchase of tickets to permit the candidate's attendance at civic or political events; and in the case of a political action committee, contributions within authorized limits, to any other political committee.
(14) Holding, promoting and furnishing meetings, demonstrations, conventions, and paying musicians and others rendering services in connection with those activities.
(15) Employing attorneys, accountants and other professional advisors.
(16) In the case of a candidate committee, contributions, within the limits set forth in § 8010(a) of this title, to another candidate committee, or as otherwise provided in § 8022 of this title.
(17) In the case of a political party or a political action committee, contributions, within authorized limits, to a candidate committee.
(18) In the case of any political action committee, in addition to any other expenditure authorized by this chapter, contributions to a political party within the limits set forth in § 8011 of this title.
(19) Returning any donor's contribution up to the amount donated.
(20) Reasonable and necessary expenses for the care of the candidate's child or children incurred in connection with the candidate's campaign activities.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 360, §  1;  83 Del. Laws, c. 250, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter III. Expenditures › § 8020. Authorized campaign expenditures [Effective Jan. 1, 2024].

§ 8020. Authorized campaign expenditures [Effective Jan. 1, 2024].
No political committee may make any expenditure except for the following purposes:
(1) Wages of full-time or part-time campaign staff (but no salary or wage for a candidate or a candidate's spouse).
(2) Travel expenses of the candidate and campaign staff.
(3) Payment of fees or charges for placing the name of the candidate on the ballot, and for collecting the returns of the election.
(4) Costs of telephone and other communications services.
(5) Costs of postage and other delivery services.
(6) Printing and stationery.
(7) Food, refreshments and related supplies.
(8) Purchase and preparation of lists of voters.
(9) Taking polls and making canvasses of voters.
(10) Payment for election watchers.
(11) Rental of office and rental and purchase of equipment.
(12) Advertising and publicity.
(13) In the case of a candidate committee, purchase of tickets to permit the candidate's attendance at civic or political events; and in the case of a political action committee, contributions within authorized limits, to any other political committee.
(14) Holding, promoting and furnishing meetings, demonstrations, conventions, and paying musicians and others rendering services in connection with those activities.
(15) Employing attorneys, accountants and other professional advisors.
(16) In the case of a candidate committee, contributions, within the limits set forth in § 8010(a) of this title, to another candidate committee, or as otherwise provided in § 8022 of this title.
(17) In the case of a political party or a political action committee, contributions, within authorized limits, to a candidate committee.
(18) In the case of any political action committee, in addition to any other expenditure authorized by this chapter, contributions to a political party within the limits set forth in § 8011 of this title.
(19) Returning any donor's contribution up to the amount donated.
(20) Reasonable and necessary expenses for the care of the candidate's child or children incurred in connection with the candidate's campaign activities.
(21) Any fee associated with obtaining a criminal history background check as required under this title.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 360, §  1;  83 Del. Laws, c. 250, § 1;  84 Del. Laws, c. 185, § 8;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter III. Expenditures › § 8021. Identification of purchaser.

§ 8021. Identification of purchaser.
(a) All campaign advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement:
“Paid for by [name of political committee or other person paying for such advertisement].”
For purposes of this section, “campaign advertisements” shall include any communication by a candidate committee or political party that would otherwise qualify as an independent expenditure or an electioneering communication but for the fact it was made by a candidate committee or political party.
(b) All third-party advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement:
“Paid for by [name of political committee or other person paying for such third-party advertisement. Learn more about [name of person] at [Commissioner of Elections' web address].”
(c) The Commissioner may adopt regulations regarding the size, placement and duration of the foregoing statements as the same shall apply to specific forms of campaign advertisements. In connection therewith, the Commissioner may modify or amend the foregoing statements to conform to the requirements of a particular medium (i.e., television, radio, print, Internet), and may by regulation create exemptions from the requirements hereunder where compliance is not reasonably practicable due to the small size or short duration of such advertisements. In all events, however, campaign advertisements having the same medium and duration (for example, 15-second radio advertisements or Internet advertisements having less than 200 characters) shall be subject to the same requirements.
67 Del. Laws, c. 449, §  1;  78 Del. Laws, c. 400, §  5;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter III. Expenditures › § 8022. Leftover funds.

§ 8022. Leftover funds.
Any funds remaining in any political committee which has completed its activities and paid all its creditors shall be paid to a successor committee or committees without being subject to the contribution limits set forth in this chapter or shall be donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under § 1902(b)(2) of Title 30 or to any volunteer fire company, and to no other person, except that an amount not in excess of the amount listed in § 8011 of this title may be given to the political party eligible to be listed on any general election ballot under § 3001 of this title. For purposes of this section, the term “successor committee” shall include any political committee, or committees, as that term is defined by § 8002(19) of this title; provided, however, that where the successor committee is one other than a candidate committee formed to promote the election of the same candidate to a different office than that for which the candidate's original candidate committee was formed, the contribution limits set forth in this chapter shall apply.
67 Del. Laws, c. 449, §  1;  78 Del. Laws, c. 400, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter III. Expenditures › § 8023. Independent expenditures

§ 8023. Independent expenditures67 Del. Laws, c. 449, §  1;  repealed by 78 Del. Laws, c. 400, § 6, eff. Jan. 1, 2013.;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter IV. Public Disclosure › § 8032. Public disclosure.

§ 8032. Public disclosure.
All reports made to the Commissioner and all rulings made by the Commissioner under this chapter shall be public and shall, immediately upon their filing, be made available by the office of the Commissioner for inspection and copying at reasonable cost by the public, except that the identity of the candidate or committee which requested a ruling shall not be disclosed without the candidate's or committee's consent. The Office of the Election Commissioner shall remain open beyond the ordinary close of business on the day the reports are due to be received under § 8030(c) of this title, until all persons who are present at said office at the time of the ordinary close of business have had an opportunity to make reasonable inspection and copying of said reports.
Any contributor who is a law-enforcement officer as defined by § 222 or § 2401 of Title 11, a probation and parole officer, or a federal or state judicial officer may request that the Commissioner remove that officer's mailing address from any report to the Commissioner before the report is publicly disclosed. Any other person, upon application to the board of elections for the county in which that person resides, may request that the person's mailing address be removed from any report to the Commissioner before the report is publicly disclosed. After considering the application, if the board of elections determines that good cause exists, it shall approve the removal of the person's mailing address by the Commissioner before the report is publicly disclosed.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 316, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter V. Enforcement › § 8040. Certificates of election.

§ 8040. Certificates of election.
No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has caused to be filed all reports required by § 8030 of this title to be filed prior to the election.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter V. Enforcement › § 8042. Civil remedies.

§ 8042. Civil remedies.
For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter V. Enforcement › § 8043. Violations; penalties; jurisdiction in Superior Court.

§ 8043. Violations; penalties; jurisdiction in Superior Court.
(a) Except as set forth in § 8044 of this title, any person who knowingly violates any provision of § 8003, § 8004 or § 8005 of this title shall be guilty of a class B misdemeanor.
(b) Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of subchapter II or III of this chapter shall be guilty of a class A misdemeanor.
(c) Any reporting party who knowingly files any report required under this chapter that is false in any material respect, or fails to file any such report, shall be guilty of a class A misdemeanor. For purposes of this subchapter, “reporting party” means any candidate, treasurer or other person required to file reports under this chapter.
(d) Any person who knowingly violates any provision of § 8006 of this title shall be guilty of a class G felony.
(e) A reporting party who reasonably relies upon information provided by another person which is inaccurate, false or misleading and who has no reason to know that such information was inaccurate, false or misleading, shall not be liable for any report filed by such reporting party which is inaccurate, false or misleading as a result of such information, if such reporting party, within 30 days after learning that such information was inaccurate, false or misleading, files an amended report with the Commissioner that corrects the inaccurate, false or misleading aspects of the report. Where a reporting party files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the reporting party shall not be liable if the reporting party shows good cause for filing the amended report beyond the 30-day period.
(f) The Superior Court shall have jurisdiction over all offenses under this chapter.
(g) A reporting party shall report immediately to the Commissioner and the Attorney General any attempt to make a prohibited contribution, or to demand a prohibited expenditure, where such attempt is made with intent to violate this chapter.
(h) A reporting party who receives a prohibited contribution or makes a prohibited expenditure without any intention to violate this chapter, but who returns the contribution or reimburses the political committee or other person making expenditure within 7 days after learning that the contribution or expenditure was prohibited, shall not be liable for any violation of this chapter. A reporting party may also donate a prohibited or suspected prohibited contribution to any charitable organization listed in subchapter IX, Chapter 11 of Title 30.
(i) A reporting party who violates § 8021 of this title shall be assessed a fine by the Commissioner of $500 or 25% of the cost of the campaign advertisement subject thereto, whichever is greater.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;  78 Del. Laws, c. 399, §  1;  79 Del. Laws, c. 347, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter V. Enforcement › § 8045. Attorney General candidates.

§ 8045. Attorney General candidates.
Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that has been committed by any candidate for the Office of Attorney General.
59 Del. Laws, c. 580, §  1;  67 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter V. Enforcement › § 8045A. Use of prerecorded or automated voice message.

§ 8045A. Use of prerecorded or automated voice message.
(a) Every individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, company, or otherwise that makes an automated telephone call, which includes without limitation a pre-recorded or automated voice message and is commonly referred to as a “robo call,” in support of and/or against a candidate for public office and/or a political party shall fully disclose, at the start of such call and before any message is delivered:
(1) The full, legal name of the individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise on whose behalf such individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise is placing the automated call;
(2) The individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise that has paid for the automated telephone call; and
(3) When paragraphs (a)(1) and/or (a)(2) of this section are other than an individual, disclosure of the name of the president (or other chief officer and treasurer) of the entity listed in paragraphs (a)(1) and/or (a)(2) of this section shall also be made.
(b) An automated call, as described in subsection (a) of this section, shall be received no earlier than 8 a.m. nor later then 9 p.m., as such time is determined in the State.
(c) Failure to make the disclosures mandated by subsection (a) of this section or to comply with the restrictions set forth in subsection (b) of this section shall result in a civil fine of $25 per incident, as determined by each household in the State that was called and the caller failed to make the necessary disclosures in subsection (a) of this section or a call was received in violation of the restrictions set forth in subsection (b) of this section.
77 Del. Laws, c. 280, §  1;  82 Del. Laws, c. 170, § 18;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 101. Definitions.

§ 101. Definitions.
As used in this title, unless otherwise provided or the context requires a different meaning:
(1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county.
(2) “Department” means the Department of Health and Social Services.
(3) “Director” means the Director of the Division of Public Health, or such persons as may be designated by the Director.
(4) “Division” means the Division of Public Health.
(5) “Peace Officer” means any public officer authorized by law to make arrests in a criminal case.
(6) “Secretary” means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary.
16 Del. C. 1953, §  101;  57 Del. Laws, c. 591, §  1;  70 Del. Laws, c. 149, §  17;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 102. Headquarters.

§ 102. Headquarters.
The Department shall establish headquarters in the City of Dover and if no suitable place shall be provided in the State House or in other state property, the Department shall have authority to select some suitable place for the establishment of such headquarters.
33 Del. Laws, c. 57, §  3;  34 Del. Laws, c. 69, §  1;  Code 1935, §  744;  43 Del. Laws, c. 91, §  1;  16 Del. C. 1953, §  104;  70 Del. Laws, c. 544, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 103. Deputy state health officers — Appointment; term; compensation; removal.

§ 103. Deputy state health officers — Appointment; term; compensation; removal.
(a) Subject to the approval of the Department, the Secretary shall appoint for each county in the State a deputy state health officer, who shall be a person trained and experienced in public health. Each deputy state health officer shall be appointed for a term of 4 years and shall devote full time to the duties of office. The deputy health officer shall receive such compensation as is fixed by the Department and necessary expenses, which shall be paid monthly out of state funds.
(b) The Department may remove deputy state health officers for cause, upon charges and after a hearing, and may appoint a suitable person to fill any unexpired term.
33 Del. Laws, c. 57, §  2;  34 Del. Laws, c. 69, §  1;  Code 1935, §  744;  43 Del. Laws, c. 91, §  1;  16 Del. C. 1953, §  107;  57 Del. Laws, c. 591, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 544, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 104. Deputy state health officers — Powers and duties.

§ 104. Deputy state health officers — Powers and duties.
The deputy state health officers for and under the direction of the Department shall enforce the laws of the State pertaining to the public health, shall enforce all rules, regulations and orders adopted or promulgated by the Department in accordance with law, shall undertake such other duties as may be assigned to them by the Department and shall supervise all public health matters within their respective counties, and in the City of Wilmington, but not in other incorporated cities or towns having duly constituted boards of health. The governing authorities of any incorporated city or town, other than the City of Wilmington, may by resolution duly adopted and approved by the Department designate a deputy state health officer to act as health officer of such incorporated city or town, and the deputy health officer shall then exercise the powers and perform the duties of the local board of health.
33 Del. Laws, c. 57, §  2;  34 Del. Laws, c. 69, §  1;  Code 1935, §  744;  43 Del. Laws, c. 91, §  1;  16 Del. C. 1953, §  108;  57 Del. Laws, c. 245;  57 Del. Laws, c. 591, §  4;  70 Del. Laws, c. 149, §  18;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 544, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 105. Authorization to receive federal funds; disposition.

§ 105. Authorization to receive federal funds; disposition.
(a) The Department may apply for and receive funds made available to the Department by any agency or department of the federal government authorized to make grants-in-aid of any of the present or future health programs undertaken, maintained or proposed by the Department, namely, maternal and child health, aid to crippled children, venereal disease control, public health work under 42 U.S.C. § 246 and other health programs that may be developed.
(b) All moneys received from any federal agency or department, as provided in this section, shall be paid into the State Treasury and shall be for the use of the Department. The moneys so received shall be used solely for the purpose or purposes for which the grant or grants shall have been made and for no other purpose.
45 Del. Laws, c. 84, §§  1, 2;  16 Del. C. 1953, §  110;  70 Del. Laws, c. 149, §  19;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 544, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 106. Prosecutions and proceedings for violations; disposition of fines.

§ 106. Prosecutions and proceedings for violations; disposition of fines.
All prosecutions and proceedings instituted by the Department or Division for the violation of any law or laws to be enforced by the Department or Division, or for the violation of any order or regulation of the Department or Division shall be instituted by the Secretary or the Secretary's designated representative. All laws prescribing the modes of procedure and penalties or judgments applicable to local boards of health shall apply to the Department or Division and the violation of its laws and orders. All fines or judgments collected or received shall be paid over to the State Treasurer, and applied to the General Fund of the State.
22 Del. Laws, c. 642, §  12;  22 Del. Laws, c. 327, §  7;  Code 1915, §  744;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  750;  43 Del. Laws, c. 91, §  1;  16 Del. C. 1953, §  112;  57 Del. Laws, c. 591, §  5;  70 Del. Laws, c. 149, §§  20, 21;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 108. Jurisdiction of offenses; justices of the peace.

§ 108. Jurisdiction of offenses; justices of the peace.
Justices of the peace shall have jurisdiction of offenses under this part and Part II of this title, except in cases where exclusive jurisdiction of any such offense is expressly vested in another court.
16 Del. C. 1953, §  114;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 109. Appeals.

§ 109. Appeals.
From the decision of a justice of the peace exercising jurisdiction conferred by § 108 of this title, an appeal shall be allowed to the Court of Common Pleas of the same county.
16 Del. C. 1953, §  115;  69 Del. Laws, c. 423, §  18;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 110. Transfer of Wilmington Department of Health personnel to state service.

§ 110. Transfer of Wilmington Department of Health personnel to state service.
Any former or present employee of the State Division of Public Health who was employed by the Wilmington Department of Health in the conduct of public health matters within the City of Wilmington and was so employed at the time the responsibility for the conduct of public health matters within the City of Wilmington was transferred to the State Division of Public Health (then State Board of Health) in implementation of Senate Bill No. 133 of the 125th General Assembly shall, subject to merit system maximums:
(1) Be authorized to transfer vacation leave and sick leave then accumulated;
(2) Receive full credit for the time employed by the City of Wilmington in computing seniority for merit system purposes; and
(3) Receive full credit for time so employed and compensated in computing the number of years service required to receive pension benefits and in computing the amount of such pension benefits under Chapter 55 of Title 29.
59 Del. Laws, c. 386, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. General Provisions › § 111. Retaliation or discrimination against complainants; immunities and other protections.

§ 111. Retaliation or discrimination against complainants; immunities and other protections.
Notwithstanding any law or regulation to the contrary, any psychiatric nursing or treatment facility owned by or operated by the Department shall be subject to the provisions of §§ 1117, 1135 and 1154 of this title whether or not such facility is licensed as a long-term care facility.
77 Del. Laws, c. 203, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II. Powers and Duties Generally; Regulations and Orders › § 121. Successor to powers of abolished health and welfare agencies.

§ 121. Successor to powers of abolished health and welfare agencies.
All the rights, powers, duties, obligations and authority belonging to or vested in the Child Welfare Commission, the Tuberculosis Commission or the State Health and Welfare Commission, prior to May 21, 1941, are transferred to and vested in the Department as successor to those commissions. The Department is clothed with all the power and authority necessary for the competent discharge of the duties imposed upon it.
33 Del. Laws, c. 57, §§  4, 9;  34 Del. Laws, c. 69, §  1;  Code 1935, §  744;  43 Del. Laws, c. 91, §  1;  16 Del. C. 1953, §  121;  70 Del. Laws, c. 544, §  9;