CHAPTER 241

AN ACT TO AMEND TITLE 15, DELAWARE CODE, RELATING TO PRIMARY ELECTIONS AND NOMINATIONS OF CANDIDATES BY PARTIES.

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

Section 1. (a) § 3101, Chapter 31, Title 15, Delaware Code, is amended by striking the definition of "Party" or "Political Party" appearing therein and inserting in lieu thereof a new definition to read as follows:

Party or political party means any political party, organization or association which elects delegates to a National Convention, nominates candidates for electors of President and Vice President, United States Senator, Representative in Congress, Governor and other offices, and elects a State Committee and officers of a State Committee, by a State Convention composed of elected members from each representative district provided a registered party member is available in each representative district;

(b) Further amend § 3101, Chapter 31, Title 15, Delaware Code, by adding a new definition to read as follows:

Local means any political district smaller than the State including Municipal, County, State Representative or State Senatorial.

Section 2. § 3102, Chapter 31, Title 15, Delaware Code, is repealed and a new § 3102 inserted in lieu thereof to read as follows:

§ 3102. Dates for holding primary elections

(a) The time for holding any primary election for the election of delegates to any State Party convention shall be the third Tuesday in April in the year in which such primary election is held.

(b) The time for holding all other primary elections, including those for candidates for State wide and/or Local offices whose election is determined in November of the even-numbered years, shall be the third Tuesday in June in the year which such primary is held.

Section 3. § 3103, Chapter 31, Title 15, Delaware Code, is repealed and a new § 3103 inserted in lieu thereof to read as follows:

§1103. Primary elections in all districts to be held on same day

The primary elections for all political parties shall be held in the various districts on the same day as elsewhere provided in this Title.

Section 4. § 3104, Chapter 31, Title 15, Delaware Code, shall read as follows:

§ 3104. Filing fees

Filing fees for primary elections for candidates for any office of any political party may only be levied by the Chairman or Treasurer of the regularly organized or constituted committee of the political party in the appropriate political subdivision and may be no greater than 3 per cent of the total salary for the entire term of office for which the candidate is filing. The filing fee shall be returned to the loser of the primary contest providing he had obtained at least 35 per cent of the votes cast in that contest.

Section 5. § 3107, Chapter 31, Title 15, Delaware Code, is amended by striking § 3107 in its entirety and inserting in lieu thereof a new § 3107 to read as follows:

§ 3107. Date for filing of candidacy for nomination at a primary election

Prior to any primary election, any person desiring to be voted for as a local candidate for nomination shall notify the County Committee Chairman of the political party in the County in which he resides and any statewide candidate shall notify the State Chairman of his Party. Such notification shall be in writing and shall be before the third Saturday in May of the year in which such primary election is held except that whenever there is a contest for State Convention delegates such notification must be before the 2nd Saturday in March to the Chairman of the appropriate Party committee.

Section 6. § 3108, Chapter 31, Title 15, Delaware Code, is amended by striking § 3108 in its entirety, and inserting in lieu thereof a new § 3108 to read as follows:

§ 3108. Notification to Department of Elections of intent to call a Primary election

Whenever a Political Party desires to hold a Primary Election, the Chairman or Secretary of the regularly organized and constituted committee of the appropriate political subdivision of that Party shall notify in writing the Department of Elections, of the same political subdivision, of their desire to hold a primary election which notification shall be given as follows:

(a) Prior to the third Saturday in March in the year in which such primary election is held for the election of delegates to a State Party Convention.

(b) Prior to the third Saturday in May in the year in which such primary election is held for candidates for State or Local offices.

Section 7. § 3114, Chapter 31, Title 15, Delaware Code, is repealed in its entirety.

Section 8. Chapter 31, Title 15, Delaware Code, is amended by adding a new § 3116 to read as follows:

§ 3116. Certification of convention nominees for primary election

The Presiding Officer and Secretary of the Convention of any political party shall certify to the several Departments of Elections, the State Election Commissioner, and the Secretary of State, the names of all persons receiving at least thirty-five (35) per cent of the votes cast on the final polled vote in said convention for the nomination of United States Senator, Representative in Congress, Governor and other state offices. Such certification shall be made within ten (10) days of such final vote. When the names of two such persons are so certified with respect to any office, a primary election shall be held on the third Tuesday in June in all districts in which votes may be cast at the general election for that office and in the same manner as elsewhere provided in this title for primary elections, provided that the person receiving the lesser number of votes at the convention with respect to any office shall, within ten (10) days of such final vote, have notified the several Departments of Elections, the State Election Commissioner and the Secretary of State, in writing of his intent to be voted for as a candidate for nomination to such office.

Section 9. § 3301, Chapter 33, Title 15, Delaware Code, is amended by adding thereto a new subsection (c) to read as follows:

(c) No nomination or certificate of nomination of candidates for electors for President and Vice-President, United States Senator, Representative in Congress, Governor and other state offices shall be made, nor shall the name of any such candidate be certified as provided in this section or be placed on the ballot in any general election in this State, except that such nominations shall be made by a majority vote of the members of a convention of the political party to be held not later than the second Saturday in May in the even numbered years.

Section 10. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Approved July 10, 1969.