CHAPTER 365

FORMERLY

SENATE BILL NO. 302

AS AMENDED BY SENATE AMENDMENT NOS. 1, 3 AND 4

AN ACT TO AMEND CHAPTER 31, TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS; AND PROVIDING FOR A PRESIDENTIAL PRIMARY ELECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 31, Title 15 of the Delaware Code by adding

thereto a new subchapter to read as follows:

"Subchapter V. Presidential Primary Election §3181. Primary to be held

Except as provided in subsection (b) of this section, a
presidential primary election for all political parties shall be conducted in any year in which a President of the United States is to be elected.

The requirements of this subchapter shall not require a
presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the Chairman of the political party notifies the State Election Commissioner in writing at least thirty days prior to the deadline set forth in §3183(a) of this subchapter that such political party elects not to be governed by the provisions of this subchapter.

§3182. Conduct of election

Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.

§3183 Nomination, withdrawal and primary election dates

Notification of candidacy shall be on or before 12:00 noon of the first Friday in January. In the event the first Friday in January is a legal holiday, then the last day to give notification shall be the next day which is not a Saturday, Sunday or a legal holiday.

Such notification of candidacy may be withdrawn on or before 12:00 noon of the first Friday in February. In the event the first Friday in February is a legal holiday, than the final day to withdraw shall be the next day which is not a Saturday, Sunday or a legal holiday.

The presidential primary election for all political parties shall be conducted on the first Saturday after the presidential primary election conducted by the state of New Hampshire is held in any year in which a President of the United States is to be elected.

§3184. Candidates for presidential election

(a) A candidate shall be eligible for the presidential primary

election if:

such candidate is affiliated with a political party recognized pursuant to §3001 of this Title, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code, or

such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered voters of this State of the same political party as the candidate.

§3185. Selection of delegates to national conventions: forwarding of rules to State Election Commissioner

Delegates and alternate delegates to a national convention, of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may provide. The Chairman of any political party shall certify and forward to the State Election Commissioner a copy of the party rules at least thirty days prior to the last day on which candidates for the President of the United States must provide notification of their candidacy pursuant to this subchapter.

§3186 Delegate and alternate delegate commitments: authorization

required' petitions

Whenever the rules of a party provide that a candidate for
delegate or alternate delegate to a National convention of a political party may pledge his/her support to a presidential candidate, he/she shall be committed to support and vote for the nomination of that candidate as President as party rules provide.

No candidate for delegate or alternate delegate shall make a commitment unless he/she has obtained prior authorization to do so from the presidential candidate to whom he/she is pledging support. No candidate
for delegate or alternate delegate shall be allowed to commit himself to any presidential candidate unless the presidential candidate forwards notice to the State Election Commissioner upon a form prescribed by the commissioner, that he/she is a candidate for the nomination of President of the United States and that he/she authorizes delegates and alternate delegates to pledge their support and commit themselves to him/her.

Nominations for delegates and alternate delegates committed to a particular presidential candidate shall be made only by the presidential candidate or his/her duly authorized representative who is certified by the State Election Commissioner as being authorized by the candidate to act on his/her behalf.

§3187. Filing fees

A candidate filing for the presidential primary election shall tender a filing fee in the sum of two thousand dollars ($2,000.00) to the State Election Commissioner, payable to the state committee of the candidate's political party.

§3188. Nomination of delegates and alternate delegates: qualifications

Each candidate for the presidential primary election shall submit to the State Election Commissioner and the state chairman of his or her political party, prior to the deadline established by this subchapter for withdrawal of his/her candidacy, a slate of proposed delegates and alternate delegates to the National Convention of the candidate's party. The number of proposed delegates and alternate delegates submitted by any candidate shall not exceed the number of delegates and alternate delegates to the National Convention authorized by the rules of the candidate's party, excluding any delegates that are preselected under party rules.

Proposed delegates and alternate delegates must be of the same political party as the candidate who submits their names to the State Election Commissioner and eligible to vote in the presidential primary election.

§3189. Voting in presidential primary election: ballots

The name of each presidential candidate in the presidential primary shall appear on the primary ballot. Each voter shall be permitted to vote for one presidential candidate. Delegates and alternate delegates to the National Convention of a political party, excluding any delegates that are preselected under party rules, shall be apportioned based on the popular vote of each presidential candidate and selected by the state committee of the candidate's political party pursuant to that party's rules from the slate of proposed delegates and alternate delegates submitted under §3188 of this Title.

§3190. Polling places: minimum reggirement

The Department of Elections shall have at least four polling places open in each Representative District for the presidential primary election."

Approved July 13, 1992.