TITLE 15

Elections

Primary Elections and Nominations of Candidates

CHAPTER 31. Primary Elections

Subchapter V. Presidential Primary Election

§ 3181. Primary to be held.

(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the fourth Tuesday in April in the calendar year of a presidential election.

(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of the political party notifies the State Election Commissioner in writing that such political party elects not to be governed by the provisions of this subchapter prior to the close of business on the earlier of the first business day in the year in which a President of the United States is to be elected or 120 days before the day of the presidential primary.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 245, §§  1, 274 Del. Laws, c. 74, §  175 Del. Laws, c. 232, §  3778 Del. Laws, c. 156, §  178 Del. Laws, c. 304, §  2

§ 3182. Conduct of election.

Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.

68 Del. Laws, c. 365, §  1

§ 3183. Nomination; withdrawal.

(a) Notification of candidacy shall be no later than the sixtieth day before the day of the presidential primary election. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification shall be the next day that is not a Saturday, Sunday or a legal holiday.

(b) The chairperson of each political party participating in the presidential primary shall, no later than 4:30 p.m. the Wednesday following the deadline set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, 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 chairperson 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) of this section, may have that candidate’s own name removed from the ballot provided that no later than the close of the business day the Friday following the deadline set in accordance with subsection (a) of this section, the candidate files an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become a candidate in any other state’s presidential primary and that the candidate is not currently (or is no longer), and does not intend to become, a candidate for the presidential nomination of the candidate’s party.

(c) In the event that only one candidate files for a party’s nomination by the filing deadline set forth in subsection (a) of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate shall be considered as having received 100% of the vote for that party’s presidential primary election automatically upon the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the party’s nomination, no election shall be held for that party’s nomination.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 245, §§  4-870 Del. Laws, c. 294, §§  1, 274 Del. Laws, c. 74, §  275 Del. Laws, c. 232, §§  35, 3678 Del. Laws, c. 154, §§  1-3

§ 3184. Candidates for presidential election.

A candidate shall be eligible for the presidential primary election if:

(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or

(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of this title.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 245, §§  9, 10

§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.

Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President of the United States must provide notification of their candidacy pursuant to this subchapter.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 186, §  1

§ 3186. Delegate and alternate delegate commitments; authorization required; petitions [Repealed].

Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.


§ 3187. Filing requirements.

A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political party affiliation as the candidate, who is authorized by the candidate to act on the candidate’s behalf in all election-related matters. The candidate will be held jointly responsible with the candidate’s authorized representative for compliance with all of the election laws for the State.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 245, §  1370 Del. Laws, c. 294, §  3

§ 3188. Nomination of delegates and alternate delegates; qualifications [Repealed].

Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.


§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.

The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential candidate of the party of the voter’s registration as shown by the voter’s original permanent registration record. The last day that a voter may change his or her political party affiliation before the presidential primary election shall be the sixtieth day before the day of the aforesaid election.

68 Del. Laws, c. 365, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 245, §  1475 Del. Laws, c. 232, §  3878 Del. Laws, c. 154, §  4

§ 3190. Polling places; voting machines; election officers.

The Department of Elections:

(1) May combine all election districts voting at a location into a single voting district;

(2) May combine other election districts as necessary for the efficient conduct of the election;

(3) Shall assign a minimum of 2 voting machines and a maximum of 5 voting machines to a voting district; and

(4) Shall assign a sufficient number of election officers to each voting district.

68 Del. Laws, c. 365, §  178 Del. Laws, c. 154, §  579 Del. Laws, c. 275, §  62