reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3168. Stealing, destroying or falsifying registration records; penalty.

§ 3168. Stealing, destroying or falsifying registration records; penalty.
(a) Whoever, being an inspector of any primary election, clerk or other officer or person having the custody of any registration records, oaths, return of votes, certificates, poll lists or any paper, document or evidence of any description in this chapter directed to be made, filed or preserved, steals, wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes the whole or any part thereof, or fraudulently makes any entry, erasure or alteration therein, except as allowed and directed by this chapter, or permits any other person to do so, shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
(b) Whoever, other than an officer mentioned in subsection (a) of this section, commits any of the acts specified in such subsection (a) or advises, procures or abets the commission of the same shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.
20 Del. Laws, c. 393, §§  16, 17;  27 Del. Laws, c. 66, §  1;  Code 1915, §§  1690, 1691;  Code 1935, §§  1778, 1779;  45 Del. Laws, c. 150, §  4;  15 Del. C. 1953, §  3170;  50 Del. Laws, c. 426, §  4;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3169. Alcoholic liquor in locale of primary election; penalty.

§ 3169. Alcoholic liquor in locale of primary election; penalty.
Whoever, during the time that any primary election is in progress in any primary election district or during the time the ballots cast thereat are being counted:
(1) Brings, takes, orders or sends into, or attempts to bring, take or send into any place of holding any primary election, any alcoholic liquor whatever; or
(2) At any such time and place drinks or partakes of any alcoholic liquor;
shall, for every such offense, be fined not less than $5.00 nor more than $10.
20 Del. Laws, c. 393, §  25;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1699;  Code 1935, §  1787;  15 Del. C. 1953, §  3171;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3170. Tabulation of vote.

§ 3170. Tabulation of vote.
As soon as the polls are closed at a primary election, the votes shall be tabulated as set forth in Chapter 49 of this title.
20 Del. Laws, c. 393, §  28;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1702;  Code 1935, §  1790;  15 Del. C. 1953, §  3172;  57 Del. Laws, c. 567, §  26;  58 Del. Laws, c. 148, §  44;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3171. Certification of results.

§ 3171. Certification of results.
The inspector and judges shall remove the paper tape containing the total vote cast for each candidate from each voting machine in the election district. Each copy of each paper tape shall then be signed by the inspector, judges and clerks and sealed in an envelope, which shall be signed across its sealed fold by each election officer. This envelope, together with other required records and supplies, shall immediately be delivered to the department of elections by the inspector.
20 Del. Laws, c. 393, §  29;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1703;  Code 1935, §  1791;  15 Del. C. 1953, §  3173;  49 Del. Laws, c. 276, §  6;  50 Del. Laws, c. 426, §  17;  57 Del. Laws, c. 567, §  27;  58 Del. Laws, c. 148, §  144;  70 Del. Laws, c. 506, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3172. Calculation of votes; ties.

§ 3172. Calculation of votes; ties.
(a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes.
(b) In the case of any objection or dispute, the State Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board shall determine the result of the contested election and certify the name of the winning candidate or candidates. In the case of statewide contests, the State Election Commissioner shall be immediately notified of the Board's determination.
(c) In all cases of a tie vote, the Department shall immediately notify the chair and secretary of the county committee of the political party holding the primary election. This committee shall convene within 5 days of such notification to determine which candidate shall be entitled to the nomination.
(d) In cases where there is a tie vote in a statewide contest, the State Election Commissioner shall immediately notify the chair and secretary of the state committee of the political party involved, and that committee shall convene within 5 days, as provided above, to decide upon the nomination.
(e) If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.
20 Del. Laws, c. 393, §  38;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1712;  Code 1935, §  1800;  15 Del. C. 1953, §  3174;  58 Del. Laws, c. 148, §  145;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 232, §  34;  79 Del. Laws, c. 275, §  61;  82 Del. Laws, c. 170, § 8;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3173. Vote required for nomination.

§ 3173. Vote required for nomination.
In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party holding a primary election.
20 Del. Laws, c. 393, §  37;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1711;  Code 1935, §  1799;  15 Del. C. 1953, §  3175;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter IV. Procedure at Polling Places › § 3174. Death, physical, mental or other incapacity of nominee.

§ 3174. Death, physical, mental or other incapacity of nominee.
Whenever it shall be determined that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the vacancy shall be filled as provided in § 3303 of this title. If the vacancy occurs subsequent to the dates specified in § 3303 of this title, it shall be filled in accordance with § 3306 of this title.
20 Del. Laws, c. 393, §  37;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1711;  Code 1935, §  1799;  15 Del. C. 1953, §  3176;  60 Del. Laws, c. 414, §  9;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3181. Primary to be held [Effective until May 1, 2024].

§ 3181. Primary to be held [Effective until May 1, 2024].
(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the first Tuesday in April in the calendar year of a presidential election.
(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of the political party notifies the State Election Commissioner in writing that such political party elects not to be governed by the provisions of this subchapter prior to the close of business on the earlier of the first business day in the year in which a President of the United States is to be elected or 120 days before the day of the presidential primary.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 245, §§  1, 2;  74 Del. Laws, c. 74, §  1;  75 Del. Laws, c. 232, §  37;  78 Del. Laws, c. 156, §  1;  78 Del. Laws, c. 304, §  2;  84 Del. Laws, c. 111, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3181. Primary to be held [Effective May 1, 2024].

§ 3181. Primary to be held [Effective May 1, 2024].
(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the fourth Tuesday in April in the calendar year of a presidential election.
(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of the political party notifies the State Election Commissioner in writing that such political party elects not to be governed by the provisions of this subchapter prior to the close of business on the earlier of the first business day in the year in which a President of the United States is to be elected or 120 days before the day of the presidential primary.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 245, §§  1, 2;  74 Del. Laws, c. 74, §  1;  75 Del. Laws, c. 232, §  37;  78 Del. Laws, c. 156, §  1;  78 Del. Laws, c. 304, §  2;  84 Del. Laws, c. 111, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3182. Conduct of election.

§ 3182. Conduct of election.
Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.
68 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3183. Nomination; withdrawal.

§ 3183. Nomination; withdrawal.
(a) Notification of candidacy shall be no later than the sixtieth day before the day of the presidential primary election. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification shall be the next day that is not a Saturday, Sunday or a legal holiday.
(b) The chairperson of each political party participating in the presidential primary shall, no later than 4:
30 p.m. the Wednesday following the deadline set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate's campaign, that the candidate's name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a) of this section, may have that candidate's own name removed from the ballot provided that no later than the close of the business day the Friday following the deadline set in accordance with subsection (a) of this section, the candidate files an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become a candidate in any other state's presidential primary and that the candidate is not currently (or is no longer), and does not intend to become, a candidate for the presidential nomination of the candidate's party.
(c) In the event that only one candidate files for a party's nomination by the filing deadline set forth in subsection (a) of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate shall be considered as having received 100% of the vote for that party's presidential primary election automatically upon the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the party's nomination, no election shall be held for that party's nomination.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 245, §§  4-8;  70 Del. Laws, c. 294, §§  1, 2;  74 Del. Laws, c. 74, §  2;  75 Del. Laws, c. 232, §§  35, 36;  78 Del. Laws, c. 154, §§  1-3;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3184. Candidates for presidential election.

§ 3184. Candidates for presidential election.
A candidate shall be eligible for the presidential primary election if:
(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or
(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of this title.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 245, §§  9, 10;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.

§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.
Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President of the United States must provide notification of their candidacy pursuant to this subchapter.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3186. Delegate and alternate delegate commitments; authorization required; petitions.

§ 3186. Delegate and alternate delegate commitments; authorization required; petitions.
Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3187. Filing requirements.

§ 3187. Filing requirements.
A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political party affiliation as the candidate, who is authorized by the candidate to act on the candidate's behalf in all election-related matters. The candidate will be held jointly responsible with the candidate's authorized representative for compliance with all of the election laws for the State.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 245, §  13;  70 Del. Laws, c. 294, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.

§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.
The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential candidate of the party of the voter's registration as shown by the voter's original permanent registration record. The last day that a voter may change his or her political party affiliation before the presidential primary election shall be the sixtieth day before the day of the aforesaid election.
68 Del. Laws, c. 365, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 245, §  14;  75 Del. Laws, c. 232, §  38;  78 Del. Laws, c. 154, §  4;
2023 Delaware Code › Title 15 - Elections › Chapter 31. PRIMARY ELECTIONS › Subchapter V. Presidential Primary Election › § 3190. Polling places; voting machines; election officers.

§ 3190. Polling places; voting machines; election officers.
The Department of Elections:
(1) May combine all election districts voting at a location into a single voting district;
(2) May combine other election districts as necessary for the efficient conduct of the election;
(3) Shall assign a minimum of 2 voting machines and a maximum of 5 voting machines to a voting district; and
(4) Shall assign a sufficient number of election officers to each voting district.
68 Del. Laws, c. 365, §  1;  78 Del. Laws, c. 154, §  5;  79 Del. Laws, c. 275, §  62;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3302. Party title, figure or device.

§ 3302. Party title, figure or device.
(a) The certificates of nomination shall designate a title for the party which the convention or committee represents, together with any simple figure or device by which its lists of candidates may be designated on the ballot. The figure or title or device selected and designated by the state conventions or committee of any party shall be used by that party throughout this State. Only 1 figure or device shall be used by a party at any election. The same title, figure or device shall not be used by more than 1 party, and the party first certifying a name, title, figure or device to the Department shall have prior right to use the same, and provided further that the Democratic Party and the Republican Party shall have exclusive use of such title and no other party shall use the word “Democratic” or “Republican” or any variation thereof in its title. Such figure or device may be the figure of a star, an eagle, a plow, or some such appropriate symbol, but the coat of arms or seal of this State or of the United States or the flag of the United States or of this State shall not be used as such figure or device.
(b) In case of a division in any party and claim by 2 or more factions to the same party name or title, figure or device, if the division occurs at a state convention or extends throughout this State, the State Board of Elections shall, within 10 days after any one of them has received the certificates of the contending factions, assemble in Dover, and determine to which faction the name, title or figure properly belongs, giving the preference to the convention held at the time and place designated in the call of the regularly constituted party authorities; if, within 5 days after, the other faction presents no other party name or title, figure or device and certifies the same to the Board, the latter shall again immediately assemble and select some suitable title, figure or device for such faction and the name shall be placed above the list of its candidates on the ballots. If the certificate of the contending factions are not received by the Board in time for them to assemble at Dover before publishing the device and list of candidates in the newspapers, then and in that case the Board shall determine for itself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other faction.
19 Del. Laws, c. 37, §  4;  27 Del. Laws, c. 65, §  4;  Code 1915, §  1722;  Code 1935, §  1811;  43 Del. Laws, c. 129, §  1;  44 Del. Laws, c. 119, §  1;  15 Del. C. 1953, §  3302;  55 Del. Laws, c. 15;  60 Del. Laws, c. 447, §§  5-7;  79 Del. Laws, c. 275, §  63;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3303. Time of filing certificates.

§ 3303. Time of filing certificates.
(a) (1) Except as provided under paragraphs (a)(2) and (a)(4) of this section and §§ 3002(b) and 3301(e) of this title, a certification of nomination must be filed before the close of the official business day on or before September 1 of the year of any general election, as follows:
a. For statewide office, with the State Election Commissioner.
b. For nonstatewide office, with the Department office for the county in which the nominee resides.
(2) If September 1 is a Sunday or legal holiday, a certificate of nomination under paragraph (a)(1) of this section must be filed on the next official business day.
(3) A certificate of nomination must be on the form specified by the State Election Commissioner.
(4) A nominee nominated for office by a national nominating convention must be named on a certificate of nomination to be filed before 12:
00 noon on the earlier of the following:
a. The Tuesday following the national nominating convention.
b. September 15 of the election year.
(b) Except as provided under §§ 3002(b) and 3301(e) of this title, to be removed from a general election ballot, a nominee must withdraw the certificate of nomination on or before 4:
30 p.m. of the first Friday after the deadline for filing the certificate under subsection (a) of this section.
19 Del. Laws, c. 37, §  6;  27 Del. Laws, c. 65, §  6;  Code 1915, §  1723;  Code 1935, §  1812;  43 Del. Laws, c. 129, §  2;  45 Del. Laws, Sp. Sess., c. 4,, §  1;  15 Del. C. 1953, §  3303;  55 Del. Laws, c. 324;  56 Del. Laws, c. 433, §  1;  58 Del. Laws, c. 258, §  10;  60 Del. Laws, c. 412, §  1;  60 Del. Laws, c. 447, §  8;  74 Del. Laws, c. 42, §  1;  75 Del. Laws, c. 232, §  40;  77 Del. Laws, c. 227, §§  2, 44;  78 Del. Laws, c. 304, §  3;  79 Del. Laws, c. 275, §  63;  82 Del. Laws, c. 170, § 10;  83 Del. Laws, c. 210, § 6;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3304. Duties of State Election Commissioner.

§ 3304. Duties of State Election Commissioner.
(a) The State Election Commissioner, upon receiving the certificates of the several party conventions or committees, or any supplemental certificate, of the respective nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States as provided in this chapter, not less than 50 days before the day fixed by law for the ensuing general election, under the Commissioner's hand and seal of office, shall certify to the Department the names of the candidates for President and Vice-President of the United States of the political parties, together with the designated title of each party and the figure or device of each party as certified to the Commissioner.
(b) The State Election Commissioner, before the day of the ensuing general election, under the Commissioner's hand and seal of office, shall certify to the Prothonotary of the Superior Court in each county the nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States of each political party as shall have been duly certified to the Commissioner, which certificates shall be presented by the Prothonotary to the Superior Court of the county upon its convening for the performance of the duties imposed upon it by article V of the Constitution of this State.
Code 1935, §  1811;  44 Del. Laws, c. 119, §  1;  45 Del. Laws, c. 154, §  1;  15 Del. C. 1953, §  3304;  60 Del. Laws, c. 447, §  9;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 275, §  63;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3305. Preservation of certificates for 6 months.

§ 3305. Preservation of certificates for 6 months.
The State Election Commissioner and the Department shall cause to be preserved in their respective offices all certificates of nomination filed under this chapter for 6 months after the date of filing thereof.
19 Del. Laws, c. 37, §  5;  27 Del. Laws, c. 65, §  5;  Code 1915, §  1723;  Code 1935, §  1812;  43 Del. Laws, c. 129, §  2;  45 Del. Laws, Sp. Sess., c. 4,, §  1;  15 Del. C. 1953, §  3305;  60 Del. Laws, c. 447, §  10;  79 Del. Laws, c. 275, §  63;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3306. Supplemental certificates of nomination.

§ 3306. Supplemental certificates of nomination.
(a) Whenever it shall be determined, subsequent to the dates specified in §§ 3301 and 3303 of this title, that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the state, county or city (if a municipality holds its election at the time of the general election) committee shall convene within 24 hours of said determination to authorize the filing of a supplemental certificate of nomination for a substitute candidate, or to decline to issue such a certificate. However, in the case of the death of a candidate, said committee may convene within a reasonable period of time sufficient to have the new candidate's name placed on the ballot, but in no case later than 5 days from the date of death.
(b) Such certificate, if issued, shall be delivered to the officer or officers to whom the original certificate was submitted no later than 12:
00 noon of the day following that meeting at which the certificate was authorized. However, if said meeting shall occur within 5 days of the day of election, the certificate shall be delivered immediately.
19 Del. Laws, c. 37, §  4;  27 Del. Laws, c. 65, §  4;  Code 1915, §  1722;  Code 1935, §  1811;  43 Del. Laws, c. 129, §  1;  44 Del. Laws, c. 119, §  1;  47 Del. Laws, c. 274, §  1;  15 Del. C. 1953, §  3306;  60 Del. Laws, c. 412, §  2;  79 Del. Laws, c. 232, §  3;
2023 Delaware Code › Title 15 - Elections › Chapter 33. NOMINATIONS OF CANDIDATES BY PARTIES › § 3308. Penalties.

§ 3308. Penalties.
Whoever:
(1) Falsely makes or fraudulently defaces or fraudulently destroys any certificate of nomination or any part thereof; or
(2) Files any certificate of nomination, knowing the same or any part thereof to be falsely made; or
(3) Suppresses any certificate of nomination which has been duly filed or any part thereof; or
(4) Conspires with other persons, induces or attempts to induce any other person to do any of such acts, whether or not any of such acts are committed or attempted to be committed;
shall be fined not less than $100 nor more than $500 or imprisoned not more than 5 years.
19 Del. Laws, c. 37, §  30;  27 Del. Laws, c. 65, §  27;  Code 1915, §  1734;  Code 1935, §  1823;  15 Del. C. 1953, §  3308;
2023 Delaware Code › Title 15 - Elections › Chapter 34. WRITE-IN CANDIDATES › § 3401. Write-in candidates in general.

§ 3401. Write-in candidates in general.
Except as otherwise provided in this title, if the name of the person for whom a voter desires to vote does not appear on a general or special election ballot, the voter may write in the name of that person.
76 Del. Laws, c. 315, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 34. WRITE-IN CANDIDATES › § 3402. Write-in candidates for a general election [Effective until Jan. 1, 2024].

§ 3402. Write-in candidates for a general election [Effective until Jan. 1, 2024].
(a) Superior Court shall only count a write-in vote for a person who has declared himself or herself a write-in candidate for the office for which that person was written-in in accordance with this chapter. Superior Court shall count a write-in vote for a candidate on a general or special election ballot if the write-in vote is for the office for which the person is a candidate.
(b) Superior Court shall account for write-in votes cast for other than declared write-in candidates as “Other Write-in Votes.”
(c) A person shall declare as a write-in candidate for an office by filing a Write-in Candidate Declaration with the State Election Commissioner for a statewide office or the Department office for the county in which the election is to be held for General Assembly, county, or City of Wilmington offices no later than 4:
30 p.m. on September 20 in the year of a general election. If September 20 is a Saturday, Sunday, or holiday, the declaration must be filed no later than 4:
30 p.m. on the next day that is not a Saturday, Sunday, or holiday. If the boundary of a General Assembly office includes more than 1 county, the person shall file that person's Write-in Candidate Declaration with the Department office for the county in which that person is a registered voter.
(d) The State Election Commissioner or Department office for the county in which a person who has filed a Write-in Candidate Declaration is a registered voter shall determine whether the person is eligible to be a candidate for the office for which the person has filed the Declaration.
(e) A person shall not declare himself or herself a write-in candidate if that person is a candidate on the general election ballot.
(f) A person shall not declare himself or herself a write-in candidate for more than one office. The filing of a declaration for another office prior to the declaration deadline established in this chapter shall make any previous declaration null and void.
(g) Once a person has withdrawn as a candidate or write-in candidate for an office, that person shall not declare himself or herself a write-in candidate for the same office in the same year.
(h) A declared write-in candidate shall comply with the requirements in Chapter 80 of this title.
(i) A declared write-in candidate may withdraw that candidate's candidacy by filing a withdrawal form with the office at which that candidate filed the candidate's Write-in Candidate Declaration no later than 15 days prior to the date of the election.
76 Del. Laws, c. 315, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 227, §  2;  82 Del. Laws, c. 170, § 11;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 34. WRITE-IN CANDIDATES › § 3403. Forms.

§ 3403. Forms.
The State Election Commissioner, in collaboration with the Department offices, shall promulgate the Write-in Candidate Declaration and the withdrawal form.
76 Del. Laws, c. 315, §  1;  77 Del. Laws, c. 227, §  2;  82 Del. Laws, c. 170, § 12;
2023 Delaware Code › Title 15 - Elections › Chapter 34. WRITE-IN CANDIDATES › § 3404. Write-in candidate lists.

§ 3404. Write-in candidate lists.
Each Department office shall issue at least 2 copies of the list of declared write-in candidates for each office on a ballot in the county to the election officers at each election district in the county. The election officers shall post 1 copy of the list in a conspicuous location in the polling place.
76 Del. Laws, c. 315, §  1;  82 Del. Laws, c. 170, § 13;
2023 Delaware Code › Title 15 - Elections › Chapter 34. WRITE-IN CANDIDATES › § 3405. Write-in candidates for a special election.

§ 3405. Write-in candidates for a special election.
Section 3402 of this title shall apply for a special election except that a person shall file that person's Write-in Candidate Declaration no later than the eighth day prior to the date of the election and may not withdraw that person's declaration.
76 Del. Laws, c. 315, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 41. GENERAL PROVISIONS › § 4101. Residency requirements for candidates.

§ 4101. Residency requirements for candidates.
The residency requirements for candidates for elective office shall be as set forth in the municipal charter, state statute or state Constitution governing the qualifications of candidates for elective office in the city, county, area or district in which the candidate proposes to seek elective office. In instances where a court has declared a residency requirement to be unconstitutional and until such time as a new residency requirement becomes effective, no person may be a candidate for elective office unless such person has been a resident of the city, county, area or district for a period of at least 1 year prior to seeking elective office.
15 Del. C. 1953, §  4101;  58 Del. Laws, c. 520.;
2023 Delaware Code › Title 15 - Elections › Chapter 41. GENERAL PROVISIONS › § 4102. Election districts; boundaries.

§ 4102. Election districts; boundaries.
The boundaries of the election districts in each county shall be established and designated by the department of elections for the county, subject to the limitations in this chapter.
Code 1935, §  1750;  46 Del. Laws, c. 315, §  1;  15 Del. C. 1953, §  4102;
2023 Delaware Code › Title 15 - Elections › Chapter 41. GENERAL PROVISIONS › § 4103. Division of election districts.

§ 4103. Division of election districts.
(a) The Department may divide such of the election districts, and such only, as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each election district so divided shall be at all times wholly within boundaries of 1 representative district.
(b) The Department shall designate each election district by an appropriate title that will distinguish it from every other election district.
(c) The division of election districts shall be made at any time after a general election is held and before March 1 of the next succeeding general election year.
Code 1935, §  1750;  45 Del. Laws, c. 148, §  10;  45 Del. Laws, c. 149, §  10;  46 Del. Laws, c. 315, §  1;  15 Del. C. 1953, §  4103;  51 Del. Laws, c. 236;  79 Del. Laws, c. 275, §  64;
2023 Delaware Code › Title 15 - Elections › Chapter 41. GENERAL PROVISIONS › § 4105. Composition of election districts.

§ 4105. Composition of election districts.
(a) The Department shall create election districts consisting of a minimum of 500 registered voters and a maximum of 3000 registered voters, except where such composition would cause a conflict with representative, senatorial or councilmemberic boundary lines.
(b) Allowance for individual exceptions may be made by the State Election Commissioner.
(c) The Department shall designate all election districts before March 1 in any election year, except in election year 2022, wherein the Department shall designate all election districts before April 1, 2022.
15 Del. C. 1953, §  4105;  55 Del. Laws, c. 259;  57 Del. Laws, c. 181, §  45;  58 Del. Laws, c. 215, §  44;  60 Del. Laws, c. 405, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 272, §  1;  79 Del. Laws, c. 275, §  65;  83 Del. Laws, c. 276, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 41. GENERAL PROVISIONS › § 4108. Candidates for election.

§ 4108. Candidates for election.
For state and/or county offices, no person shall simultaneously be a candidate for election to 2 or more different offices, nor may a person simultaneously be a candidate for election for 2 or more different political parties.
79 Del. Laws, c. 202, §  1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4301. Presidential electors; election.

§ 4301. Presidential electors; election.
Electors of a President and Vice-President of the United States must be chosen at the general election held in the year of a presidential election. The election of the electors must be conducted in the same places, manner, and form and by the same persons and officers, and under the same regulations in all respects, as the general election for the same year.
Code 1852, §§  399, 401;  11 Del. Laws, c. 8;  Code 1915, §§  1856, 1858;  Code 1935, §§  1975, 1977;  15 Del. C. 1953, §  4301;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4302. Proclamation of number to be chosen.

§ 4302. Proclamation of number to be chosen.
The Governor in October next preceding every election of presidential electors shall by proclamation make known the number of presidential electors to be chosen and the day of the election.
Code 1852, §  400;  Code 1915, §  1857;  Code 1935, §  1976;  15 Del. C. 1953, §  4302;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4303. Meeting and voting of electors.

§ 4303. Meeting and voting of electors.
(a) The electors chosen or appointed in this State for the election of a President and Vice President of the United States shall meet and give their votes at Dover on the day determined by Congress for that purpose.
(b) In all cases, an elector chosen or appointed in this State for the election of a President and Vice President of the United States under this chapter shall cast the elector's vote for the presidential and vice presidential nominees, or their legal successors, of the political party or unaffiliated presidential candidate that nominated the elector.
Code 1852, §  408;  Code 1915, §  1865;  Code 1935, §  1984;  15 Del. C. 1953, §  4303;  68 Del. Laws, c. 436, §§  1, 2;  82 Del. Laws, c. 7, § 2;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4305. Clerk of electors; compensation.

§ 4305. Clerk of electors; compensation.
The electors may employ a clerk, who shall receive for that clerk's own services the sum of $10.
Code 1852, §  410;  Code 1915, §  1867;  Code 1935, §  1986;  15 Del. C. 1953, §  4305;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4306. Compensation of electors and clerk.

§ 4306. Compensation of electors and clerk.
The electors respectively shall receive for attendance and travel the same compensation as members of the General Assembly, to be paid, as also the compensation of the clerk, by the State Treasurer on a warrant signed by the electors out of any money in the treasury not otherwise appropriated.
Code 1852, §  411;  Code 1915, §  1868;  Code 1935, §  1987;  15 Del. C. 1953, §  4306;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4307. United States Senator.

§ 4307. United States Senator.
A Senator from this State in the Senate of the United States shall be chosen by election at the general elections held in 1954 and in every sixth year thereafter and in 1958 and in every sixth year thereafter. The election of a United States Senator shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects as the general election for the same year.
Code 1915, §  1888;  Code 1935, §  2007;  15 Del. C. 1953, §  4307;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4308. Representative in Congress.

§ 4308. Representative in Congress.
A Representative for the people of this State in the Congress of the United States shall be chosen at the biennial general election. The election of a Representative in Congress shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects, as the election for members of the General Assembly, and the votes given for Representative in Congress shall be calculated and ascertained at the same time and place, in the same manner and by and under the same means and regulations as those for members of the General Assembly.
Code 1852, §§  412, 413;  11 Del. Laws, c. 362, §  2;  Code 1915, §§  1877, 1878;  Code 1935, §§  1996, 1997;  15 Del. C. 1953, §  4308;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4309. Governor and Lieutenant Governor; joint election.

§ 4309. Governor and Lieutenant Governor; joint election.
Repealed by 61 Del. Laws, c. 480, § 9, effective July 11, 1978.
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter I. Election and Meeting of Presidential Electors; United States Senators; Representatives in Congress › § 4310. Qualifications of voters.

§ 4310. Qualifications of voters.
All citizens of this State having the right to vote for representatives in the General Assembly are qualified to vote for presidential electors, United States Senator and Representative in Congress.
Code 1852, §  398;  Code 1915, §§  1855, 1889;  Code 1935, §§  1974, 2008;  15 Del. C. 1953, §  4309;  57 Del. Laws, c. 169, §  2;  84 Del. Laws, c. 44, § 1;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4321. Short title.

§ 4321. Short title.
This subchapter may be cited as the “Uniform Faithful Presidential Electors Act.”
84 Del. Laws, c. 44, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4322. Definitions.

§ 4322. Definitions.
For purposes of this chapter:
(1) “Cast” means accepted by the Secretary of State in accordance with § 4327(b) of this title.
(2) “Elector” means an individual selected as a presidential elector under this chapter.
(3) “President” means President of the United States.
(4) “Unaffiliated presidential candidate” means a candidate for President who qualifies for the general election ballot in this State by means other than nomination by a political party.
(5) “Vice President” means Vice President of the United States.
84 Del. Laws, c. 44, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4323. Designation of State's electors.

§ 4323. Designation of State's electors.
For each elector position in this State, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the Secretary of State and State Election Commissioner the names of 2 qualified individuals. One of the individuals must be designated “elector nominee” and the other “alternate elector nominee.” Except as otherwise provided in §§ 4325 through 4328 of this title, this State's electors are the winning elector nominees under the laws of this State.
84 Del. Laws, c. 44, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4324. Pledge.

§ 4324. Pledge.
Each elector nominee and alternate elector nominee of a political party shall execute the following pledge:
“If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.”
Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge:
“If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate.”
The executed pledges must accompany the submission of the corresponding names to the Secretary of State and State Elections Commissioner.
84 Del. Laws, c. 44, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4325. Certification of electors.

§ 4325. Certification of electors.
In submitting this State's certificate of ascertainment as required by 3 U.S.C. § 6, the Governor shall certify this State's electors and state in the certificate all of the following:
(1) That the electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy.
(2) That if a substitute elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of this State's electors.
84 Del. Laws, c. 44, § 2;
2023 Delaware Code › Title 15 - Elections › Chapter 43. Presidential Electors; United States Senators; Representatives in Congress › Subchapter II. Uniform Faithful Presidential Electors Act › § 4326. Presiding officer; elector vacancy.

§ 4326. Presiding officer; elector vacancy.
(a) The Secretary of State shall preside at the meeting of electors described in § 4327 of this title.
(b) The position of an elector not present to vote is vacant. The Secretary of State shall appoint an individual as a substitute elector to fill a vacancy as follows:
(1) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position.
(2) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or unaffiliated presidential candidate.
(3) If the number of alternate electors present to vote is insufficient to fill any vacant position under paragraphs (b)(1) and (b)(2) of this section, by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only 1 remains.
(4) If there is a tie between at least 2 nominees for substitute elector in a vote conducted under paragraph (b)(3) of this section, by appointing an elector chosen by lot from among those nominees.
(5) If all elector positions are vacant and cannot be filled under paragraphs (b)(1) through (b)(4) of this section, by appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (b)(3) of this section and, if necessary, paragraph (b)(4) of this section.
(c) To qualify as a substitute elector under subsection (b) of this section, an individual who has not executed the pledge required under § 4324 of this title shall execute the following pledge:
“I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose elector position I have succeeded.”
84 Del. Laws, c. 44, § 2;