CHAPTER 446

FORMERLY

SENATE BILL NO. 555

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1 AND CHAPTER 3, TITLE 15 OF THE DELAWARE CODE RELATING TO THE DEFINITIONS OF "PARTY" OR "POLITICAL PARTY" AND OF "PRIMARY ELECTION"; AND PROVIDING FOR THE SUPPLYING OF VOTER LISTS TO POLITICAL PARTY CHAIRMEN AND OTHER PERSONS.

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

Section 1. Amend §101, Chapter 1, Title 15,

Delaware Code, by striking subsection (13) of said section in its entirety and inserting in lieu thereof the following:

"(13) 'Party' or political party' means any political party or political organization which electes delegates who participate in the national convention of a political party, nominates candidates for electors of President and Vice-President, United States Senator, Representative in Congress, Governor, and other offices to be presented on the ballot throughout the State, elects a State committee and officers of a State committee by a State convention composed of delegates elected from each representative district in which the party has registered members and, unless it qualified and appeared on the general election ballot of this State for the preceding Presidential election year of 1972, the party or organization meets one or more of the following qualifications:

(a) the number of voters registered in the name of the party is equal to at least one percent (107o) of the total number of voters registered in the State;

(b) in the preceding general election, any Statewide candidate of the party received at least two percent (2%) of the total vote cast throughout the State for that office;

(c) no later than August 15th of a general election year, petitions are filed certifying that the party exists and signed by a number of registered voters not less than one percent (1%) of the total number of registered voters of the State. These petitions shall be prepared within the period of January 1st to August 15th of a general election year and shall contain the full name and address of each signer and the date upon which he signed. Each registered voter signing shall do so upon a petition prepared for the county in which he is registered, and the petition shall be filed with the Department of Elections for that county. Each Department shall certify those petitions submitted to it and the names of the registered voters signing the petitions as valid. The certification of all Departments receiving petitions shall be necessary for a party to exist."

Section 2. Amend §101, Chapter 1, Title 15 of the

Delaware Code by striking subsection (15) of said section in its entirety and inserting in lieu thereof the following:

"(15) 'Primary election' means an election by voters who are registered members of any political party which, upon the date set by law for the filing of candidates for nomination at a primary election, has enrolled at least one percent (1%) of the total number of registered voters of this State."

Section 3. Amend subsection (a), Section 307,

Chapter 3, Title 15 of the Delaware Code by striking the second sentence of said subsection, which begins with the words "Eight copies of each list", in its entirety and inserting in lieu thereof the following:

"Eight copies of each list shall be supplied without

charge to each political party whose registered members

equal at least 1% of the total number of registered voters of this State."

Approved June 7, 1976