§ 201. | § 202. | § 203. | § 204. | § 205. | § 206. | § 207. | § 208. | § 209. | § 210. | § 211. | § 212. | § 213. | § 214. | § 215. | § 216. | § 217. | § 218. | § 219.
§ 201. Department of Elections.
There shall be a Department of Elections for New Castle County, Kent County and Sussex County. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 1; 22 Del. Laws, c. 70, § 5; Code 1915, § 1658; Code 1935, §§ 1745, 1745A; 42 Del. Laws, c. 115, §§ 1, 2; 45 Del. Laws, c. 148, § 1; 45 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 102; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 61 Del. Laws, c. 418, § 1.)
§ 202. Board of Elections for New Castle County; composition; appointment; term.
(a) The Board of Elections for New Castle County shall consist of 10 members and each of the 2 principal political parties shall be represented at all times by not fewer than 5 members and at all times both principal political parties shall have equal representation.
(b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall appoint 5 members, with at least 2 from each of the 2 principal political parties, for a term of 2 years each, and 5 members, with at least 2 from each of the 2 principal political parties, for a term of 4 years each.
(c) Upon the expiration of the term of any member of the Board, such member's successor shall be appointed by the Governor for a period of 4 years; provided, however, that such member shall hold office until that member's successor shall be duly qualified and provided, further, that the term of such successor shall commence on the date the successor is duly qualified. In the event a vacancy occurs in the Board from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.
(d) The 10 members required to be appointed by the Governor from the 2 principal political parties under subsections (b) and (c) of this section shall be appointed from a list of not fewer than 3 nominees for each member to be appointed, which list shall be submitted by the state chair of the political party from which the appointment must be made. Seven of the members to be appointed must reside in a different senatorial district in rural New Castle County and 3 of the members to be appointed must reside in a separate senatorial district of the City of Wilmington. Such lists shall be submitted to the Governor within 30 days of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than 5 members of the principal political party. The Governor shall submit the Governor's own appointments from the names on the lists within 30 days of the date the Governor receives the lists. If a state chair does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor's own appointments for any vacancy.
(e) All members shall be appointed by and with the consent of the majority of the members elected to the Senate.
(f) In the event that a vacancy exists on the Board of Elections, the Board of Elections can still meet to canvass any election it shall be prescribed to canvass provided that a quorum of its members are present and § 209 of this title shall be met. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, §§ 1, 2; 22 Del. Laws, c. 70, §§ 1, 3; Code 1915, §§ 1658, 1659; 40 Del. Laws, c. 141, § 1; Code 1935, §§ 1745, 1745A, 1746; 42 Del. Laws, c. 115, §§ 1-3; 45 Del. Laws, c. 147, § 1; 15 Del. C. 1953, § 103; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 1; 57 Del. Laws, c. 181, § 2; 58 Del. Laws, c. 148, §§ 3, 4; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.)
§ 203. Boards of Elections for Kent and Sussex Counties; composition; appointment; term.
(a) The Board of Elections for Kent County and the Board of Elections for Sussex County shall each consist of 6 members appointed as provided in this section. Each of the 2 principal political parties shall at all times be represented by not fewer than 3 members of each board.
(b) In carrying out this section, the Governor shall initially appoint for the Board of Elections of Kent County 2 members for a term of 2 years each and 2 members for a term of 4 years each, and for the Board of Elections of Sussex County, 3 members for a term of 2 years each and 3 members for a term of 4 years each.
(c) Upon the expiration of the term of any member from either board such member's successor shall be appointed by the Governor for a term of 4 years; provided, however, that such member shall hold office until that member's successor shall be duly qualified and provided, further, that the term of such successor shall commence on the date the successor is duly qualified. In the event that a vacancy occurs in either board from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.
(d) The members to be appointed by the Governor under subsections (c) and (d) of this section shall be appointed from a list of not fewer than 3 nominees for each member to be appointed, which list shall be submitted by the state chair of the political party from which the appointment must be made. Each senatorial district in Kent and Sussex Counties must be represented by 1 member and no senatorial district may be represented by more than 2 members. Such lists shall be submitted to the Governor within 30 days of June 25, 1969, and within 30 days of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than 3 members of the principal political party. The Governor shall submit the Governor's own appointments from the names on the lists within 30 days of the date the Governor receives the lists.
(e) All members shall be appointed by and with the consent of the majority of the members elected to the Senate.
(f) In the event that a vacancy exists on the Board of Elections, the Board of Elections can still meet to canvass any election it shall be prescribed to canvass provided that a quorum of its members are present and § 209 of this title shall be met. (45 Del. Laws, c. 148, §§ 1, 2, 4, 5; 45 Del. Laws, c. 149, §§ 1, 2, 4, 5; 15 Del. C. 1953, § 104; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 2; 57 Del. Laws, c. 181, § 3; 58 Del. Laws, c. 148, § 5; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.)
§ 204. Qualifications of members of all boards.
No person shall be appointed as a member of any board of elections who is not a citizen of the United States and a resident of the county for which that person is appointed and who has not resided therein for 1 year next preceding that person's appointment. No member of any board shall hold or be a candidate for any:
(1) Federal, state, county, city or incorporated municipality elective office;
(2) Elective office or appointed position of a political party, nor shall a member be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 105; 50 Del. Laws, c. 82, § 1; 55 Del. Laws, c. 280; 57 Del. Laws, c. 181, § 4; 58 Del. Laws, c. 148, § 6; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 205. Confirmation or rejection of appointments.
The Senate shall either confirm or reject any appointment under § 202 or 203 of this title within 10 legislative days of its receipt or said appointment is deemed confirmed. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 2; 45 Del. Laws, c. 149, § 2; 15 Del. C. 1953, § 106; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 52 Del. Laws, c. 130, § 3; 54 Del. Laws, c. 163, § 1; 57 Del. Laws, c. 181, § 5; 61 Del. Laws, c. 418, § 1.)
Each member of each board, before entering upon that member's duties and within 10 days from the time of that member's appointment, shall take and subscribe to the oath or affirmation prescribed by the Constitution and shall record the same in the office of the recorder of the county of the member's residence. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 140, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 107; 58 Del. Laws, c. 148, § 7; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 207. Compensation of members.
The president of each board shall receive as compensation for the president's services a salary of $1,500 per year and each member of each board shall receive as compensation for that member's services a salary of $1,000 per year. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 108; 50 Del. Laws, c. 357, § 4; 50 Del. Laws, c. 429, § 6; 50 Del. Laws, c. 546, § 1; 50 Del. Laws, c. 549, § 1; 54 Del. Laws, c. 364, § 1; 58 Del. Laws, c. 148, § 8; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 208. Organization meeting; officers.
(a) Within 30 days after confirmation of all the members of each of the boards by the Senate, the members of each board shall meet and organize by electing 1 of their members to be president and shall at the same time elect a secretary whose function other than that of a member shall be to record the minutes of the meeting of the board and they shall serve until date prescribed in subsection (b) hereto.
(b) The board of elections for each county may conduct an organizational meeting for calendar year 2000 on February 7, 2000, or as soon as practicable thereafter, and at that meeting shall elect 1 of their members to be president and shall at the same time elect 1 of their members to be the secretary, whose function other than that of a member shall be to record the minutes of the meeting of the board, and the president and secretary shall serve until the next organizational meeting scheduled in accordance with this section. Thereafter, the board of elections in each county shall establish a schedule of meetings for the following calendar year at a meeting scheduled between October 1 and December 31 of each year. Once established, the aforesaid schedule shall be subject to change as deemed necessary by the respective boards. The schedule shall include an organizational meeting scheduled between February 1 and June 30 of each year at which time members of each board of elections for each county shall meet and organize by electing one member to be president and 1 member to be secretary, whose function other than that of a member shall be to record the minutes of the meetings of the board. The terms of office for each office shall be until the organizational meeting scheduled in the following year or until a successor is elected. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 109; 50 Del. Laws, c. 545, § 4; 50 Del. Laws, c. 557, § 1; 57 Del. Laws, c. 181, § 6; 58 Del. Laws, c. 148, § 9; 61 Del. Laws, c. 418, § 1; 72 Del. Laws, c. 275, § 9.)
§ 209. Necessary votes for transaction of business.
(a) The affirmative vote of 6 members shall be required for the transaction of any business for the Board of Elections for New Castle County.
(b) The affirmative vote of 4 members shall be required for the transaction of any business for the Board of Elections for Kent and Sussex Counties respectively. (22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 110; 57 Del. Laws, c. 181, § 7; 58 Del. Laws, c. 148, § 10; 61 Del. Laws, c. 418, § 1.)
Each board may make rules for its government not inconsistent with the Constitution or any law of this State and subject to the approval of the State Election Commissioner. (22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 111; 57 Del. Laws, c. 181, § 8; 58 Del. Laws, c. 148, § 11; 61 Del. Laws, c. 418, § 1.)
§ 211. Administrative director; deputy administrative director; powers, duties, qualifications, compensation.
(a) The board of elections of each county shall appoint:
(1) An administrative director who shall be a member of the same political party as the State Election Commissioner and who shall serve at the pleasure of the board;
(2) A deputy administrative director who shall be nominated and elected by the members of the board of elections of the opposite political party of the State Election Commissioner and who shall serve at the pleasure of same. In the nomination and election of a deputy administrative director, § 209 of this title shall not be applicable.
(b) The administrative director shall assist the department of elections of the administrative director's county in carrying out its duties and responsibilities and, subject to the policies and directives of the board, shall have general supervision over the employees of the department and shall see to it that the work of the department is performed in a proper and nonpartisan manner.
(c) The deputy administrative director shall assist the administrative director.
(d) The administrative director and the deputy administrative director of each department of elections shall be citizens of the United States and qualified electors of the county employing them.
(e) Each board shall fix the salary of its administrative director and deputy administrative director. (19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 112; 50 Del. Laws, c. 630, § 1; 57 Del. Laws, c. 181, § 9; 58 Del. Laws, c. 148, §§ 12-14; 58 Del. Laws, c. 571; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 212. Office; equipment and supplies.
Each department shall occupy a suitable and convenient office in the courthouse or public building of the county, or elsewhere in the county seat, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out its duties. (21 Del. Laws, c. 40, § 5; Code 1915, § 1660; Code 1935, § 1747; 42 Del. Laws, c. 115, § 4; 45 Del. Laws, c. 147, § 2; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 113; 61 Del. Laws, c. 418, § 1; 61 Del. Laws, c. 480, § 2.)
§ 213. Employees; duties and compensation.
(a) Each department may hire such employees as it may deem necessary for the performance by the department of its duties, subject to the limitations of subsection (b) of this section.
(b) Persons presently employed by said departments shall be retained.
(c) The duties of such employees shall be prescribed and the compensation fixed by the Director of the Office of Management and Budget.
(d) The employees of each department shall be placed under the state merit system but subject to all provisions of this title. (21 Del. Laws, c. 40, § 3; Code 1915, § 1664; 40 Del. Laws, c. 141, § 3; Code 1935, § 1751; 45 Del. Laws, c. 147, § 4; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 114; 57 Del. Laws, c. 181, § 10; 61 Del. Laws, c. 418, § 1; 75 Del. Laws, c. 88, § 20(3).)
(a) The Department of Public Works of the City of Wilmington, the planning departments of each county and the Planning Division of the Department of Transportation shall provide such maps as may be requested by any department of elections. All such maps shall be the most current available, shall be at such scale as requested and shall be provided at cost.
(b) Such planning maps shall be used by each department of elections to compile the maps required by § 4911 of this title and § 841 of Title 29.
(c) In addition to the maps required by § 4911 of this title and § 841 of Title 29, each department of elections shall prepare individual, large-size wall maps for each senatorial district within the State. These individual maps shall also designate the boundaries of all election districts within each senatorial district. (19 Del. Laws, c. 39, § 29; Code 1915, § 1676; Code 1935, § 1763; 42 Del. Laws, c. 115, § 12; 45 Del. Laws, c. 148, § 22; 45 Del. Laws, c. 149, § 22; 15 Del. C. 1953, § 115; 57 Del. Laws, c. 567, § 3; 58 Del. Laws, c. 148, § 15; 61 Del. Laws, c. 418, § 1; 64 Del. Laws, c. 133, § 1.)
§ 215. Expenses and compensation.
All expenses of each department, including the compensation of the members, secretaries and assistants, shall be paid by the State. (21 Del. Laws, c. 40, §§ 3, 5, 6; Code 1915, §§ 1659, 1660, 1664; 40 Del. Laws, c. 141, §§ 1, 3; Code 1935, §§ 1746, 1747, 1751; 42 Del. Laws, c. 115, §§ 3, 4; 45 Del. Laws, c. 147, §§ 1, 2, 4; 45 Del. Laws, c. 148, §§ 5, 7, 10; 45 Del. Laws, c. 149, §§ 5, 7, 10; 15 Del. C. 1953, § 116; 51 Del. Laws, c. 149, § 8; 61 Del. Laws, c. 418, § 1.)
(a) In addition to the notaries public for the respective counties authorized to be appointed by any other law, the Governor shall appoint as notaries public:
(1) Three employees of the Department of Elections for New Castle County; and
(2) One employee and the Administrative Director of the Departments of Elections for Kent and Sussex Counties.
(b) Whenever any person so appointed ceases to be employed by or as administrative director of the department, such person's term as notary public shall terminate and the Governor shall appoint either another employee or such person's successor as a notary public. (Code 1935, § 1755; 45 Del. Laws, c. 147, § 8; 45 Del. Laws, c. 148, § 33; 45 Del. Laws, c. 149, § 33; 15 Del. C. 1953, § 117; 57 Del. Laws, c. 181, § 11; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 217. Administrative director and deputy administrative director of departments of elections; limitations.
No administrative director or deputy administrative director of any department of elections shall hold or be a candidate for any:
(1) Federal, state, county, city or incorporated municipality elective office; or
(2) Elective office or position of a political party nor shall the administrative director or deputy adminstrative director be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission's Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002). (15 Del. C. 1953, § 118; 50 Del. Laws, c. 82, § 2; 57 Del. Laws, c. 181, § 12; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 126, § 1.)
It shall be the duty of each department to time and date each application for a ballot or other communication received by the department and the person timing and dating the application for a ballot, letter or other communication shall place that person's own initials thereon. Each department shall note the time and date of all ballots received. (15 Del. C. 1953, § 119; 52 Del. Laws, c. 221, § 2; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
§ 219. Political activity limited; penalty.
(a) No person, member, administrative director or deputy administrative director or employee of the department shall directly or indirectly use or seek to use his or her authority or official influence to control or modify the political action of another person or at any time actively participate in any political activities or campaigns.
(b) Any person who shall violate this section shall be fined not more than $500 and shall forfeit that person's position or employment. (15 Del. C. 1953, § 120; 57 Del. Laws, c. 181, § 13; 58 Del. Laws, c. 215, § 1; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.)
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