CHAPTER 36

FORMERLY

HOUSE BILL NO. 11

AS AMENDED BY

HOUSE 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:

Section 1. Amend § 3106, Title 15 of the Delaware Code by adding a new subsection "(f)" to read as follows:

"(f) At the time of the filing of the notice required by this Section, as well as at the time of the primary election, the person filing such notice shall be a registered member of the party whose nomination such person seeks, as shown on the voter rolls of the Department of Elections.".

Section 2. Amend § 3301, Title 15 of the Delaware Code by adding a new subsection "(j)" to read as follows:

"(j) Notwithstanding anything else set forth herein to the contrary, a candidate for office nominated by a party under this Section must be a registered member of the party nominating such candidate at the time of such nomination, as shown on the voter rolls of the Department of Elections (except in the case of presidential and vice-presidential nominees, who need not be registered voters in the State of Delaware).".

Section 3. Amend §2049, Title 15 of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) Notwithstanding subsection (a) a person may change their party affiliation in the year of a general election during the period from March 31 through September 1 if:

(1) the statewide and county chair of a political party provide a written affidavit to the Department of Elections stating that such person has asked or agreed to be a candidate for office of that political party and the statewide and county chair of a political party want the person to be a candidate for office representing the political party; and

(2) the person provides an affidavit to the Department of Elections stating that such person is changing political parties to be a candidate for office of the political party providing the affidavit described in paragraph (1).".

Approved May 31, 2011