CHAPTER 244

FORMERLY

SENATE BILL NO. 199

AN ACT TO AMEND CHAPTER 31, TITLE 15, DELAWARE CODE, RELATING TO NOMINATIONS OF CANDIDATES BY PARTIES.

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

Section 1. Amend §3103(b), Chapter 31, Title 15, Delaware Code by striking all the language appearing after the word "except" commencing with the word "that" and ending with the word "Title" and substituting in lieu thereof the following: "for candidates who fulfill the requirement of subsections (d) and (e) of Section 3103."

Section 2. Amend Section 3103, Title 15,' Delaware Code by adding subsection (d) thereto to read as follows:

"(d) A person who establishes to the Commissioner that he or she is indigent may, in lieu of the filing fee, present a nomination petition by the deadline for notification of candidacy, in a form prescribed by the Commissioner of Elections bearing the signatures, in the manner hereinafter prescribed, of one percent of the persons who, at the time such petition is presented, are registered voters in all of the election districts in which such candidate would appear on the ballot. Each person who signs a nomination petition shall sign but one such petition for each office to be filled, and must be a registered member of the party designated in such petition; provided, however, that where there are to be elected two or more persons to the same office, each signer may sign petitions for as many candidates for such office, as, and no more than, he or she could vote for at the succeeding election. Each signer of such petition shall declare his or her street address, the date of his or her signature, and that he or she is a registered voter of the county and of the party therein named. No nomination petition shall be circulated before the year in which the election is to take place, and no signature shall be counted unless it bears a date affixed not earlier than January 1 of the year in which the election is to take place. Said nomination petition may be on one or more sheets, and different sheets must be used for signers who reside in different counties. If more than one sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively. Each sheet shall bear the affidavit of the person responsible for circulating the petition that to the best of affiant's knowledge and belief, the signers are registered voters in election districts in which such candidate would appear on the ballot and members of the political party of the candidate."

Section 3. Amend Section 3103, Title 15, Delaware Code by adding subsection (e) thereto, to read as follows:

"(e) For purposes of this section, a person is 'indigent' only if such person is receiving benefits under the Supplemental Security Income program for Aged, Blind and Disabled under Title 42, U.S.C. Subchapter XVI, or if the Commissioner determines that such person meets the income and resources tests for such benefits under 42 U.S.C. §1382(a), as applied to Delaware residents. The Commissioner shall require any person who seeks to be treated as indigent under this section to provide such information under oath necessary to determine any claim of indigence, including copies of such person's personal income tax returns and may require the person to authorize the Commissioner to receive information from banks, the Social Security Administration, credit reporting services and any other source of information as may be necessary to make the determination under this section."

Approved June 9, 1994.