CHAPTER 453

AN ACT TO AMEND SECTION 4101, TITLE 15, DELAWARE CODE, RELATING TO THE DEFINITION OF POLITICAL PARTIES.

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

Section 1. Title 15, Section 4101, Delaware Code, is hereby amended by striking the definition of "Political Party" as it appears therein and by enacting and substituting in lieu thereof the following:

"Political Party" means an organization of bona fide citizens and voters of any county in this State, which shall, by means of a convention, primary election or otherwise, nominate candidates for public offices to be filled by the people at any general or special election within this State. No political party shall be recognized and given a place on the ballot which advocates the overthrow by force or violence, or which advocates or carries on a program of sedition or of treason by radio, television, speech or press, of our local, State or national government. No newly organized political party shall be permitted on the ballot until it has filed an affidavit by its officers, under oath, that it does not advocate the overthrow of local, State or national government by force or violence, and that it is not affiliated in any way with any political party or organization, or subdivisions of organizations, which do advocate such a policy by radio, television, speech or press. No organization shall be regarded as a political party for the purpose of any general or special election that:

(1) Does not represent at least a number of bona fide citizens and voters equal to 50 bona fide citizens and voters per Senatorial District of the county in which it exists. If the Clerk of the Peace has any doubt as to the sufficiency of the number of bona fide voters represented by any organization in any county, he may demand a certificate containing the signatures and addresses of a number of voters equal to 50 voters per Senatorial District belonging to such organization. In order to belong to such organization within the meaning of this section, a person whose signature appears on such certificate may not be registered as a member of any other political party;

(2) Does not represent at least a number of bona fide citizens and voters within each county, equal to 50 bona fide citizens and voters per Senatorial District within each county, if its members are candidates in a state-wide election. One requirement of subsection (1) shall be met in each of the three counties if either Clerk of the Peace has any doubt as to the sufficiency of the number of bona fide voters represented by such organization;

(3) Did not either qualify under the foregoing requirements of this section, or did not poll at least 5% of the entire vote of any county in which it exists for at least one candidate at the general election immediately preceding such general or special election.

In the event that a political party does not poll at least 5% of the entire vote of the county in any general election, such organization shall cease to be a political party within the meaning of this title, except that it may file a new petition with the Clerk of the Peace as provided in this Section.

Approved July 21, 1966.