CHAPTER 447

FORMERLY

SENATE BILL NO. 556

AS AMENDED BY SENATE AMENDMENT NO. 1

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 33, TITLE 15 OF THE DELAWARE CODE RELATING TO THE NOMINATIONS OF CANDIDATES BY PARTIES; AND PROVIDING A SUPPLEMENTARY APPROPRIATION TO VARIOUS DEPARTMENTS OF ELECTION.

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

Section 1. Amend §3301, Chapter 33, Title 15 of the

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

"(a) The nominations of the candidates for electors of President and Vice President of the United States (together with the names of the candidates for President and Vice President) and for the United States Senator, Representative in Congress, Governor and all other State offices shall be certified to the State Election Commissioner by the presiding officer and secretary of the State convention or committee of each political party eligible to place candidates upon the ballot. The Commissioner shall forthwith send copies of each certificate of nomination to each county Department of Elections."

Section 2. Amend §3301, Chapter 33, Part III, Title

15 of the Delaware Code by striking subsection (b) anc subsection (c), and substituting in lieu thereof the following:

"(b) The nominations of the candidates for Stat( Senator, State Representative, and the various county office: shall be certified to the Department of Election for the coun ty in which the contests are to be held, by the presiding of

ficer and secretary of the county committee of each political party eligible to place candidates upon the ballot. Each Department shall forthwith send copies of each certificate of nomination to the State Election Commissioner."

Section 3. Amend §3301, Chapter 33, Part III, Title

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

"(g) The State Election Commissioner shall see to it that the nominations of candidates submitted to him and the eligibility of each political party to make such nominations conform to those requirements set forth in this Title. Each county Department of Elections shall perform the same duty concerning those certificates of nomination submitted to it."

Section 4. Amend §3301, Chapter 33, Part III, Title

15 of the Delaware Code by re-designating present subsection (d) as new subsection (c), and by re-designating each succeeding section accordingly.

Section 5. Amend subsection (a), Section 3302,

Chapter 33, Title 15 of the Delaware Code by striking the words "clerks of the peace" as the same appear in said subsection, and inserting in lieu thereof the words "county departments of election".

Section 6. Amend subsection (b), Section 3302,

Chapter 33, Title 15 of the Delaware Code by striking the words "assemble in the office of the clerk of the peace at Dover" as the same appear in said subsection, and inserting in lieu thereof the words "assemble in Dover, with the State Election Commissioner presiding and having the right to vote in event of a tie," .

Section 7. Amend §3302, Chapter 33, Part III, Title

15 of the Delaware Code by striking the words "Clerks of the Peace" wherever they appear in subsection (b) and

substituting the words "Department of Election" in lieu thereof; by striking the words "Clerk of the Peace" wherever the same may appear in subsection (b), and substituting "Department of Elections" in lieu thereof; and by striking the word "himself" wherever the same appears in subsection (b), and substituting the word "itself" in lieu t hereof.

Section 8. Amend §3303, Chapter 33, Part III, Title

15 of the Delaware Code by striking the words "Secretary of State or the clerks of the peace," as the same appear in the first sentence of said section, and inserting in lieu thereof the words "State Election Commissioner or the Department of Election,".

Section 9. Amend §3304, Chapter 33, Part III, Title

15 of the Delaware Code by striking the words "Secretary of State" wherever the same appear in said section, and inserting in lieu thereof the words "State Election Commissioner"; and by striking the words "clerk of the peace" as the same appear in said section, and inserting in lieu thereof the words "Department of Election".

Section 10. Amend §3305, Chapter 33, Part III, Ti-

tle 15 of the Delaware Code by striking the words "Secretary of State and the clerks of peace" as the same appear in said section and inserting in lieu thereof the words "State Election Commissioner and the Departments of Election".

Section 11. Amend §3307, Chapter 33, Part III, Ti-

tle 15 of the Delaware Code by striking the words "clerk of the peace" and "clerks of the peace" wherever the same appear in said section, and inserting in lieu thereof the words "department of elections" and "departments of election", respectively.

Approved June 7, 1976