CHAPTER 294

FORMERLY

SENATE BILL NO. 274

AS AMENDED BY SENATE AMENDMENT NO. I

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 Section 3183, Title 15, Delaware Code, by striking subsection (h) thereof in its entirety and inserting in lieu thereof the following:

"(b) The chairman of each political party participating in the presidential primary shall, fifteen days after the deadline set in accordance with subsection (a) above, provide the State Election Commissioner with a list of all persons affiliated with such party, not already on the ballot pursuant to subsection (a) above, who have become eligible by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned list with the State Election Commissioner, each state chairman shall notify the candidate or the candidate's campaign, that the candidate's name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a), may have his or her name removed from the ballot provided that no later than the close of the business day following the day on which the above-mentioned list was provided to the State Election Commissioner, the candidate tiles an affidavit with the State Election Commissioner stating that he or she is not currently and does not intend to become a candidate in any other state's presidential primary and that he or she is not currently (or is no longer), and does not intend to become. a candidate for the presidential nomination of his or her party."

Section 2. Amend Section 3183(d), Title 15, Delaware Code, by inserting the following between the word "section" and the "," thereafter in the first sentence:

"and no additional candidates are added to the ballot pursuant to subsection (h) ()I' this section".

Section 3. Amend Section 3187, Title 15, Delaware Code, by changing the title of said section from "Filing Fees" to "Filing Requirements" and by inserting the phrase In accordance with section 3183(a)" between the words "filing" and "for" in the first sentence of said section and by deleting the phrase "tender a filing fee in the sum of $2,000 to the State Election Commissioner, payable to the state committee of the candidate's political party, and" from the first sentence of said section and deleting the last sentence of said section. Any funds collected pursuant to Section 3187, Title 15, Delaware Code prior to the enactment of this Act for an upcoming election shall be returned to the respective candidates.

Section 4. For purposes of the 1996 presidential primary, any person who presented a petition with a minimum of 300 valid signatures of registered voters of this state of the same political party of the candidate on or before 4:30 p.m. of December 27, 1995 shall be placed on the ballot Elsa candidate in his or her party's primary."

Approved January 10, 1996