CHAPTER 368

FORMERLY SENATE

SUBSTITUTE NO. 1

FOR SENATE BILL NO. 560

AN ACT TO AMEND TITLE 15, DELAWARE CODE, BY AMENDING CHAPTER 31, AND MAKING CERTAIN CHANGES IN THE DATES RELATING TO CERTAIN PRIMARY ELECTIONS AND NOMINATIONS OF CANDIDATES, AND MAKING A SUPPLEMENTARY APPROPRIATION THEREFOR.

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

Section 1. Subsection 3102 (a), Title 15, Delaware Code, is hereby amended by striking it in its entirety and inserting in lieu thereof the following:

(a) The time for holding any primary election for the election of delegates to any State Party Convention shall be:

(I) The first Saturday in June in a Presidential election year, or

(2) The second (2nd) Tuesday in July in a non-presidential election year.

Section 2. Subsection 3107 (a) (2), Title 15, Delaware

Code, is hereby amended to read as follows:

(2) (i) All candidates for county or countywide office, member of the General Assembly and/or municipal office for any municipality which holds its election at the time of the general election shall notify the County Chairman, or his designee in writing, or the City Chairman or his designees in writing, whichever is applicable, of his respective political party of the county in which the candidate resides. Such notification shall be on forms provided by the State Election Commissioner and shall be on or before twelve (12) o'clock noon on the first Saturday in August. In the event that the first Saturday in August is a legal

holiday, then the last day such notification shall be filed is the next day which is not a legal holiday.

(ii) All candidates for the position of delegate or alternate to any state political party convention shall notify the County Chairman, or his designee in writing, of his respective political party of the county in which the candidate resides. Such notification shall be:

(a) on forms provided by the State Election Commissioner; and

(b) (1) on or before twelve (12) o'clock on the first Tuesday in May in the year in which a President of the United States is to be elected, or

(2) on or before twelve (12) o'clock noon on the first (1st) Tuesday in June in a non-presidential election year.

In the event the dates listed in subparagraph (b) above are legal holidays, then the last day such notification shall be filed is the next day which is not a legal holiday.

Section 3. Subsection 3107 (e), Title 15, Delaware Code, is hereby amended by striking therefrom the sentence "The notice of withdrawal shall be filed not later than twelve (12) o'clock noon on the twelfth (12) day prior to the date set for such primary." and inserting in lieu thereof the following:

The notice of withdrawal shall be filed before twelve (12) o'clock noon on the fifth (5) day after the filing deadline as set out in sections 3107 (a) (2) (i) and (ii) of this Title. In the event the fifth (5th) day is a Saturday, Sunday or legal holiday, then the last day such notification shall be filed is the next day which is neither a Saturday, Sunday nor legal holiday.

Section 4. Subsection 3108 (a) and (b), Title 15, Delaware Code, are hereby amended by striking them in their entirety and inserting in lieu thereof the following:

Before twelve (12) o'clock noon on the fifth (5th) day after the tiling deadline as set out in Sections 3107 (a) (2) (i) and (ii) of this Title. In the event the fifth (5th) day is a Saturday, Sunday or

legal holiday, then the last day such notification shall be filed is the next day which is neither a Saturday, Sunday nor legal holiday.

Section 5. In addition to any sums heretofore appropriated to the Departments of Elections for each county of this State, there is hereby appropriated for the fiscal year ending June 30, 1972, to the Departments of Elections for New Castle County, Kent County and Sussex County the following sums for the purpose of conducting the delegate or alternate candidates primary election:

Departments of Elections for New Castle County $54,600.00

Department of Elections for Kent County 11,100.00

Department of Elections for Sussex County 16,000.00

Section 6. The funds appropriated herein are to be used only for the purposes specified and any unexpended funds shall revert to the General Fund of the State of Delaware on June 30, 1972.

Section 7. The funds hereby appropriated shall be paid out of the General Fund of the State of Delaware from funds not otherwise appropriated.

Approved April 8, 1972.