CHAPTER 412

FORMERLY

SENATE BILL NO. 328

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 15, CHAPTER 33, DELAWARE CODE, PERTAINING TO THE FILING OF CERTIFICATES OF NOMINATION AND SUPPLEMENTAL CERTIFICATES OF NOMINATION.

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

Section 1. Amend Title 15, Section 3303, Delaware

Code, by striking said section in its entirety and inserting in lieu thereof the following:

"§3303. Time of Filing Certificates.

Certificates of nomination to be filed with the State Election Commissioner or the Department of Elections, as the case may be, shall be filed before the close of the official business day on or before the first day of September of the year of any general election, and if the first day of September is a Sunday or legal holiday, then on the next official business day. In any case where a candidate named on these certificates shall not already have given notice on the form provided by the State Election Commissioner and stipulated in §3107 of this Title, such notice shall accompany the filing of the respective certificate of nomination. However, when there is a contest in a primary election yet to be held, the winner of any such contest shall be named on a certificate of nomination to be filed before twelve o'clock noon (12:00 n.) the Tuesday following said primary election."

Section 2. Amend Title 15, Section 3306, Delaware

Code, by striking it in its entirety and inserting in lieu thereof the following:

"§3306. Supplemental Certificates of Nomination.

Whenever it shall be determined, subsequent to the dates specified in §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 twenty-four 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 five days from the date of the death.

Such certificate, if issued, shall be delivered to the officer or officers to whom the original certificate was submitted no later than twelve o'clock noon (12.00 n.) of the day following the meeting at which the certificate was authorized. However, if said meeting shall occur within five days of the day of election, the certificate shall be delivered immediately."

Approved May 22, 1976