CHAPTER 245

FORMERLY

SENATE BILL NO. 255

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

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

Section 1. Amend §3181(a), Title 15 of the Delaware Code by striking all the words

after "shall be conducted" and by substituting in lieu thereof the following:

"on the Saturday next following the day on which the state of New Hampshire elects to conduct a Presidential Primary Election."

Section 2. Amend §3181(b), Title 15 of the Delaware Code by striking all the words

after "the State Election Commissioner in writing" and by substituting in lieu thereof the following:

"prior to the close of business on August 1 of the year preceding any year in which a President of the United States is to be elected that such political party elects not to be governed by the provisions of this subchapter."

Section 3. Amend §5503, Title 15 of the Delaware Code by deleting the period (".")

following the words "year in which the election is to be held." in the third sentence and adding the following:

"except in the case of a Presidential Primary Election, in which case the affidavit shall not be dated prior to August 15 of any year prior to the year in which a President of the United States is to be elected."

Section 4. Amend §3183(a), Title 15 of the Delaware Code by deleting from the first

sentence in §3183(a) the words "on or before 12:00 Noon of the 1st Friday in January" and inserting in lieu thereof the following:

"at least thirty (30) days prior to the Presidential Primary Election held in the State of Delaware, as set by the State Election Commissioner, but in no event, prior to the third Friday in December in the year preceding the year in which the President of the United States is elected, or later than the first Friday in January in the year in which the President of the United States is elected."

Section 5. Amend §3183(a), Title 15 of the Delaware Code by deleting from the

second sentence the words "1st Friday in January" and by substituting in lieu thereof the following:

"date set for the filing deadline".

Section 6. Amend §3183(b), Title 15 of the Delaware Code by deleting the subsection

in its entirety and by substituting in lieu thereof the following:

"(b) Such notification of candidacy may be withdrawn on or before the deadline for candidate filing without penalty. In the event that said notification of candidacy is withdrawn after the filing deadline, all filing fees paid in accordance with §3187 of this Title shall be forfeited. The Commissioner of Elections shall convey all forfeited filing fees to the state committee of the withdrawn candidate's political party."

Section 7. Amend §3183(c), Title 15 of the Delaware Code by inserting a period (".")

after the words "State of New Hampshire" and by deleting all the words that follow the "State of New Hampshire".

Section 8. Amend §3183, Title 15 of the Delaware Code by inserting the following subsection:

"(d) In the event that only one candidate files for a party's nomination by the filing

deadline set forth in subsection (a) of this section, that candidate shall be considered as having received 100% of the vote for that party's Presidential Primary Election automatically upon the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the party's nomination, no election shall be held for that party's nomination."

Section 9. Amend §3184(1), Title 15 of the Delaware Code by deleting the words

"recognized pursuant to §3001 of this title," and by substituting in lieu thereof the following:

"appearing on the ballot of the previous General Election,".

Section 10. Amend §3184(2), Title 15 of the Delaware Code by deleting the period

(".") following the words "political party as the candidate" and by adding the following:

"at the time of the filing in accordance with §3183(a) of this subchapter."

Section 11. Amend §3186, Title IS of the Delaware Code by deleting the section in its

entirety.

Section 12. Amend §3188, Title 15 of the Delaware Code by deleting the section in its

entirety. •

Section 13. Amend §3187, Title 15 of the Delaware Code by deleting the period (".")

following the words "the candidate's political party" and by substituting in lieu thereof the following:

", and on a form prescribed by the State Election Commissioner, certify one (1) individual, who is registered to vote in the State of Delaware and of the same political party affiliation as the candidate, who is authorized by the candidate to act on his or her behalf in all election-related matters. The candidate will be held jointly responsible with his or her authorized representative for compliance with all of the election laws for the State of Delaware. Following the deadline for withdrawal of candidacy set forth in §3183(b) of this Title, the State Election Commissioner shall promptly turn over the filing fee checks of the presidential primary candidates to the state chairman of their political parties."

Section 14. Amend §3189, Title 15 of the Delaware Code by deleting the subsection in

its entirety and by substituting in lieu thereof the following:

13189. Presidential primary election ballots, voting in presidential election; change

of party affiliation.

The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with §3124(b) of this Title. In any presidential primary election, each voter shall be permitted to vote one vote for one presidential candidate of the party of the voter's registration as shown by the voter's original permanent registration record. A duly registered voter may not apply to change his or her party affiliation as designated on his or her registration record during the period from the fourth Friday in the month of September immediately preceding the day of the presidential primary election until the first Monday immediately following the day of the presidential primary election."

Section 15. Amend §2049(b), Title 15 of the Delaware Code by deleting the subsection

in its entirety and by substituting in lieu thereof the following:

"(b) In the event that the time period from the first Monday immediately following the day of the Presidential Primary Election is less than thirty (30) calendar days prior to March I in the year in which a President of the United States is elected, or after March 1 in the year in which the President of the United States is elected, a duly registered voter may change his or her party designation upon the permanent, registration record during the period of thirty (30) days beginning the Monday idler said Presidential Primary Election."

Approved July 18, 1995