CHAPTER 305

FORMERLY

SENATE BILL NO. 202

AS AMENDED BY

SENATE AMENDMENT NO. 1

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 :

WHEREAS, candidate filing checks are held by the Commissioner and the Departments of Election for several months without being cashed,

NOW, THEREFORE:

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

Section 1. Amend §3103, Title 15 of the Delaware Code by inserting the following two sections following subsection (e):

“(f) When submitting filing fees, the state, county chair and city chairs of each political party shall notify the State Election Commissioner and the departments of election for their county whether filing fee checks are to be held in the office where the candidate will file or if they are to be turned over to the respective state, county or city chair of each political party.”

Section 4. Amend § 3106, Title 15 of the Delaware Code by striking subsection (d) in its entirety and substituting in lieu thereof the following.

“(d) Following the deadline for withdrawal of candidates, the State Election Commissioner shall promptly turn over any remaining filing fee checks in the possession of the Commissioner. At the same time, the Commissioner shall notify each county department of elections of all those statewide candidates who have qualified under this section. Each county department of elections shall also at this time submit to the county chair or city chair any remaining filing fee checks in the possession of the county departments and shall notify the Commissioner of all persons who have qualified as candidates.”

Approved June 30, 2004