TITLE 15

Elections

Primary Elections and Nominations of Candidates

CHAPTER 31. PRIMARY ELECTIONS

Subchapter II. Books, Ballots, Supplies and Polling Places


(a) The registration records for each election district in this State used for registration purposes for general, supplementary and additional registrations shall be used for all primary elections held under this chapter.

(b) The registration records for each election district in the City of Wilmington shall be used for primary election purposes in accordance with this chapter, and all persons, and only they, whose names appear on such registration records after the same have been added to, revised and corrected, as provided by law, shall be entitled to vote at a primary election to nominate candidates to be voted for at a subsequent municipal election in the City of Wilmington.

20 Del. Laws, c. 393, § 18; 22 Del. Laws, c. 285, § 1; 27 Del. Laws, c. 66, § 1; Code 1915, § 1692; 40 Del. Laws, c. 142, § 7; Code 1935, §§ 1776, 1780; 45 Del. Laws, c. 150, §§ 2, 5; 15 Del. C. 1953, § 3121; 50 Del. Laws, c. 426, § 4; 75 Del. Laws, c. 232, § 31.;

(a) The Department of Elections for New Castle County, the Department of Elections for Kent County and the Department of Elections for Sussex County, respectively, shall before 7:00 a.m. of the day on which a primary election is held in their county by any political party deliver to the proper inspector the registration records for each general election district that may be contained within each primary election district, and the inspector shall have the registration records at the place of holding the primary election at the time for opening the polls on primary election day.

(b) In each year in which a municipal election is held in the City of Wilmington the inspector for each primary election district within such City, before 7:00 a.m. of the day on which such primary election is held, shall be furnished by the Department of Elections for New Castle County with the registration records for each general election district that may be contained within such inspector's primary election district, and each inspector shall have the registration records at the place of holding the primary election in the inspector's district at the time for opening the polls on primary election day.

(c) Whoever:

(1) Being a member of the Department of Elections for New Castle County or of the Department of Elections for Kent or Sussex Counties, refuses, neglects or fails to deliver to each inspector of any primary election to be held within the member's county the registration records for each general election district that may be contained in the primary election district to which such registration records apply; or

(2) Being an inspector, refuses, neglects or fails to have such registration records at the place of holding the primary election for any general or special election or any municipal election in the City of Wilmington at the time designated in this chapter;

shall, for each such offense, be fined $100, and the person's office shall be forfeited.

(d) Each day of refusal, neglect or failure shall constitute a separate offense under this section.

(e) For the purposes of this section, the term "registration records" means poll lists and signature cards, and/or an electronic device that contains the names and addresses of the registered voters in the election district.

20 Del. Laws, c. 393, § 24; 22 Del. Laws, c. 285, § 4; 27 Del. Laws, c. 66, § 1; Code 1915, § 1698; 34 Del. Laws, c. 108, § 7; Code 1935, § 1786; 43 Del. Laws, c. 127, § 3; 45 Del. Laws, c. 150, § 8; 15 Del. C. 1953, § 3122; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 426, §§ 4, 12; 57 Del. Laws, c. 567, § 18; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 23; 75 Del. Laws, c. 232, § 32.;

(a) The Department of Elections shall before 7:00 a.m. of the day on which a primary election is held by any political party deliver to the proper inspector the registration records for each general election district that may be contained within each primary election district, and the inspector shall have the registration records at the place of holding the primary election at the time for opening the polls on primary election day.

(b) In each year in which a municipal election is held in the City of Wilmington the inspector for each primary election district within such City, before 7:00 a.m. of the day on which such primary election is held, shall be furnished by the Department with the registration records for each general election district that may be contained within such inspector's primary election district, and each inspector shall have the registration records at the place of holding the primary election in the inspector's district at the time for opening the polls on primary election day.

(c) Whoever:

(1) Being a member of the Department of Elections, refuses, neglects or fails to deliver to each inspector of any primary election to be held within the member's county the registration records for each general election district that may be contained in the primary election district to which such registration records apply; or

(2) Being an inspector, refuses, neglects or fails to have such registration records at the place of holding the primary election for any general or special election or any municipal election in the City of Wilmington at the time designated in this chapter;

shall, for each such offense, be fined $100, and the person's office shall be forfeited.

(d) Each day of refusal, neglect or failure shall constitute a separate offense under this section.

(e) For the purposes of this section, the term "registration records" means poll lists and signature cards, and/or an electronic device that contains the names and addresses of the registered voters in the election district.

20 Del. Laws, c. 393, § 24; 22 Del. Laws, c. 285, § 4; 27 Del. Laws, c. 66, § 1; Code 1915, § 1698; 34 Del. Laws, c. 108, § 7; Code 1935, § 1786; 43 Del. Laws, c. 127, § 3; 45 Del. Laws, c. 150, § 8; 15 Del. C. 1953, § 3122; 49 Del. Laws, c. 4, § 5; 50 Del. Laws, c. 426, §§ 4, 12; 57 Del. Laws, c. 567, § 18; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 188, § 23; 75 Del. Laws, c. 232, § 32; 79 Del. Laws, c. 275, § 56.;

All primary elections shall be by ballot.

20 Del. Laws, c. 393, § 2; 27 Del. Laws, c. 66, § 1; Code 1915, § 1679; Code 1935, § 1770; 15 Del. C. 1953, § 3123.;

(a) The department of elections in any county where a primary election is to be held shall cause to be printed the ballots to be used at such election and shall cause the same to be placed in voting machines for the proper district prior to the delivery of the voting machines.

(b) The names of all candidates for nomination for the same office shall be placed under the title of such office, the surname of candidates to be placed in alphabetical order, and shall not be separated one from another by any other matter.

20 Del. Laws, c. 393, § 39; 27 Del. Laws, c. 66, § 1; Code 1915, § 1713; Code 1935, § 1801; 45 Del. Laws, c. 150, § 10; 15 Del. C. 1953, § 3124; 49 Del. Laws, c. 276, § 3; 51 Del. Laws, c. 107, § 3; 57 Del. Laws, c. 567, § 19; 58 Del. Laws, c. 148, §§ 35-37; 60 Del. Laws, c. 414, § 7; 61 Del. Laws, c. 480, § 4; 75 Del. Laws, c. 232, § 33.;

(a) The Department shall cause to be printed the ballots to be used in any primary election and shall cause the same to be placed in voting machines for the proper district prior to the delivery of the voting machines.

(b) The names of all candidates for nomination for the same office shall be placed under the title of such office, the surname of candidates to be placed in alphabetical order, and shall not be separated one from another by any other matter.

20 Del. Laws, c. 393, § 39; 27 Del. Laws, c. 66, § 1; Code 1915, § 1713; Code 1935, § 1801; 45 Del. Laws, c. 150, § 10; 15 Del. C. 1953, § 3124; 49 Del. Laws, c. 276, § 3; 51 Del. Laws, c. 107, § 3; 57 Del. Laws, c. 567, § 19; 58 Del. Laws, c. 148, §§ 35-37; 60 Del. Laws, c. 414, § 7; 61 Del. Laws, c. 480, § 4; 75 Del. Laws, c. 232, § 33; 79 Del. Laws, c. 275, § 57.;

For each polling place in their respective counties where primary elections are to be held, the respective departments shall furnish the following:

(1) A flag or poster of suitable size for lettering thereon in at least 3-inch letters with the words POLLING PLACE;

(2) A flag of the United States of America no smaller in size than the polling place flag above described in paragraph (1) of this section;

(3) Poll list, stationery and other such supplies customary and necessary for the use of the officers conducting such primary election;

(4) Written instructions and excerpts from those parts of this title as the department shall deem necessary and appropriate to assist the election officers in the proper performance of their duties;

(5) A proper number of voting machines of the type used in general elections, which machines shall be duly inspected, prepared and certified in the same manner as provided for under Chapter 50 of this title for general elections.

20 Del. Laws, c. 393, § 26; 27 Del. Laws, c. 66, § 1; Code 1915, § 1700; Code 1935, § 1788; 42 Del. Laws, c. 117, § 1; 43 Del. Laws, c. 127, § 4; 15 Del. C. 1953, § 3125; 49 Del. Laws, c. 276, § 4; 55 Del. Laws, c. 458, § 1; 57 Del. Laws, c. 567, § 20; 58 Del. Laws, c. 148, §§ 38, 39; 60 Del. Laws, c. 414, § 8; 61 Del. Laws, c. 480, § 5; 70 Del. Laws, c. 188, § 24; 77 Del. Laws, c. 227, § 41.;

For each polling place, the Department shall furnish the following:

(1) A flag or poster of suitable size for lettering thereon in at least 3-inch letters with the words POLLING PLACE;

(2) A flag of the United States of America no smaller in size than the polling place flag above described in paragraph (1) of this section;

(3) Poll list, stationery and other such supplies customary and necessary for the use of the officers conducting such primary election;

(4) Written instructions and excerpts from those parts of this title as the Department shall deem necessary and appropriate to assist the election officers in the proper performance of their duties;

(5) A proper number of voting machines of the type used in general elections, which machines shall be duly inspected, prepared and certified in the same manner as provided for under Chapter 50 of this title for general elections.

20 Del. Laws, c. 393, § 26; 27 Del. Laws, c. 66, § 1; Code 1915, § 1700; Code 1935, § 1788; 42 Del. Laws, c. 117, § 1; 43 Del. Laws, c. 127, § 4; 15 Del. C. 1953, § 3125; 49 Del. Laws, c. 276, § 4; 55 Del. Laws, c. 458, § 1; 57 Del. Laws, c. 567, § 20; 58 Del. Laws, c. 148, §§ 38, 39; 60 Del. Laws, c. 414, § 8; 61 Del. Laws, c. 480, § 5; 70 Del. Laws, c. 188, § 24; 77 Del. Laws, c. 227, § 41; 79 Del. Laws, c. 275, § 58.;

In every primary election district in which a primary election is to be held under this chapter, voting machines of the type used in general elections, as provided for in Chapter 50 or Chapter 50A of this title, shall be used to record the votes, and the manner of voting shall be the same as that set forth in Chapter 49 of this title.

20 Del. Laws, c. 393, § 27; 27 Del. Laws, c. 66, § 1; Code 1915, § 1701; Code 1935, § 1789; 15 Del. C. 1953, § 3126; 57 Del. Laws, c. 567, § 21; 61 Del. Laws, c. 480, § 6; 70 Del. Laws, c. 506, § 2.;

The department of elections shall, at least 2 weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for a general election. Each county department of election may require any individual polling place, that is located in a state facility, public school, or other government owned or operated facility within the county, to be closed to persons other than the voters voting on the day of the primary election if it finds that the polling place cannot or will not provide sufficient access and facilities for the purposes of the primary election without such closure. No county department shall exercise its authority to close a state facility, public school or other government-owned and operated facility without prior consultation with the authorized representative of such facility and such consultation shall include all reasonable efforts to resolve any access issues that may exist without the need to close such facility.

20 Del. Laws, c. 393, § 23; 27 Del. Laws, c. 66, § 1; Code 1915, § 1697; Code 1935, § 1785; 15 Del. C. 1953, § 3128; 50 Del. Laws, c. 426, § 15; 50 Del. Laws, c. 631, § 2; 58 Del. Laws, c. 148, § 40; 74 Del. Laws, c. 343, § 2.;

The Department shall, at least 2 weeks prior to the primary election, designate the place for holding a primary election in each primary election district in the same manner as it designates polling places for a general election. The Department may require any individual polling place, that is located in a state facility, public school, or other government-owned or -operated facility within the county, to be closed to persons other than the voters voting on the day of the primary election if it finds that the polling place cannot or will not provide sufficient access and facilities for the purposes of the primary election without such closure. The Department shall not exercise its authority to close a state facility, public school or other government-owned and - operated facility without prior consultation with the authorized representative of such facility and such consultation shall include all reasonable efforts to resolve any access issues that may exist without the need to close such facility.

20 Del. Laws, c. 393, § 23; 27 Del. Laws, c. 66, § 1; Code 1915, § 1697; Code 1935, § 1785; 15 Del. C. 1953, § 3128; 50 Del. Laws, c. 426, § 15; 50 Del. Laws, c. 631, § 2; 58 Del. Laws, c. 148, § 40; 74 Del. Laws, c. 343, § 2; 79 Del. Laws, c. 275, § 59.;