CHAPTER 107

PRIMARY ELECTION LAWS

AN ACT TO AMEND CHAPTER 31, TITLE 15 OF THE DELAWARE CODE, RELATING TO PRIMARY ELECTIONS, BY PROVIDING FOR CHANGES IN THE PROCEDURE FOR HOLDING PRIMARY ELECTIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3109, Title 15 of the Delaware Code is amended by striking out and repealing the first sentence only of the third paragraph thereof and by inserting in lieu thereof the following:

In the event that there is a contest in only one party in a primary election district, all of the primary election officers and clerks for that district shall be of the same party affiliation as the party in which there is a contest, and they shall be chosen by that party's county committee from among the election officers and clerks selected for the general election by the Department for the representative district in which the primary district is located. If the number of election officers and clerks of the same party affiliation as the party in which there is a contest selected for the general election by the Department for the representative district in which the primary district is located is insufficient to staff each primary election district, the county committee shall choose the balance of the necessary number from the list furnished by the county committee for the primary election district concerned pursuant to the provisions of Section 1501 of this title. The Department shall be notified of the names selected at least one week before the date of the primary election.

Section 2. § 3110, Title 15 of the Delaware Code is amended by striking out the words "or in two issues of two weekly newspapers" as they presently appear in the fifth and sixth lines thereof, and inserting in lieu thereof the words "or in the issue of two weekly newspapers."

Section 3. § 3124 (d) Title 15 of the Delaware Code is amended by striking out the word "five" as it presently appears in the sixth line thereof, and inserting in lieu thereof the word "ten".

Section 4. § 3101 Title 15 of the Delaware Code is amended by striking out the last paragraph thereof and inserting in lieu thereof the words:

"Primary Election" means the action by voters who are members of any political party which polled at least 10% of the entire vote of any county of this State at the general election immediately preceeding the primary election in nominating by vote a candidate for public office or a delegate to any political convention which will nominate candidates for public office.

Section 5. § 3161 Title 15 of the Delaware Code is amended by striking out the words:

The officers shall make no entries upon the Election District Record. The Department shall use the Voter Signature Cards which are returned to the Department at the conclusion of the election to determine whether or not a voter has voted in the primary election, and the Department shall make the appropriate notation of the fact that the voter has voted in the primary election upon the voter's original permanent registration record in the Election District Record.

Approved May 22, 1957.