TITLE 15

Elections

General Elections

CHAPTER 43. Presidential Electors, United States Senators, Representatives in Congress, Governor and Lieutenant Governor

§ 4301. Presidential electors; election.

Electors of a President and Vice-President of the United States shall be chosen at the general election held in the year of a presidential election. The election of such electors shall be conducted in the same places, manner and form and by the same persons and officers, and under the same regulations in all respects, as the general election for the same year.

Code 1852, §§  399, 401;  11 Del. Laws, c. 8;  Code 1915, §§  1856, 1858;  Code 1935, §§  1975, 1977;  15 Del. C. 1953, §  4301; 

§ 4302. Proclamation of number to be chosen.

The Governor in October next preceding every election of presidential electors shall by proclamation make known the number of presidential electors to be chosen and the day of the election.

Code 1852, §  400;  Code 1915, §  1857;  Code 1935, §  1976;  15 Del. C. 1953, §  4302; 

§ 4303. Meeting and voting of electors.

(a) The electors chosen or appointed in this State for the election of a President and Vice President of the United States shall meet and give their votes at Dover on the day determined by Congress for that purpose.

(b) In all cases, the electors chosen or appointed in this State for the election of a President and Vice President of the United States under this chapter shall be required to cast their individual votes for the presidential and vice presidential nominees, or their legal successors, of the political party that nominated the elector.

Code 1852, §  408;  Code 1915, §  1865;  Code 1935, §  1984;  15 Del. C. 1953, §  4303;  68 Del. Laws, c. 436, §§  1, 282 Del. Laws, c. 7, § 2

§ 4304. Substitute electors.

In case of the death or inability to attend of either of the electors or if either of the electors be not present at the time and place of meeting by 12:00 noon, the electors present shall appoint an elector in the place of the elector not present.

Code 1852, §  409;  Code 1915, §  1866;  Code 1935, §  1985;  15 Del. C. 1953, §  4304;  70 Del. Laws, c. 186, §  1

§ 4305. Clerk of electors; compensation.

The electors may employ a clerk, who shall receive for that clerk’s own services the sum of $10.

Code 1852, §  410;  Code 1915, §  1867;  Code 1935, §  1986;  15 Del. C. 1953, §  4305;  70 Del. Laws, c. 186, §  1

§ 4306. Compensation of electors and clerk.

The electors respectively shall receive for attendance and travel the same compensation as members of the General Assembly, to be paid, as also the compensation of the clerk, by the State Treasurer on a warrant signed by the electors out of any money in the treasury not otherwise appropriated.

Code 1852, §  411;  Code 1915, §  1868;  Code 1935, §  1987;  15 Del. C. 1953, §  4306; 

§ 4307. United States Senator.

A Senator from this State in the Senate of the United States shall be chosen by election at the general elections held in 1954 and in every sixth year thereafter and in 1958 and in every sixth year thereafter. The election of a United States Senator shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects as the general election for the same year.

Code 1915, §  1888;  Code 1935, §  2007;  15 Del. C. 1953, §  4307; 

§ 4308. Representative in Congress.

A Representative for the people of this State in the Congress of the United States shall be chosen at the biennial general election. The election of a Representative in Congress shall be conducted in the same places, manner and form and by the same persons and officers and under the same regulations in all respects, as the election for members of the General Assembly, and the votes given for Representative in Congress shall be calculated and ascertained at the same time and place, in the same manner and by and under the same means and regulations as those for members of the General Assembly.

Code 1852, §§  412, 413;  11 Del. Laws, c. 362, §  2;  Code 1915, §§  1877, 1878;  Code 1935, §§  1996, 1997;  15 Del. C. 1953, §  4308; 

§ 4309. Governor and Lieutenant Governor; joint election.

Repealed by 61 Del. Laws, c. 480, § 9, effective July 11, 1978.


§ 4310. Qualifications of voters.

All citizens of this State having the right to vote for representatives in the General Assembly are qualified to vote for presidential electors, United States Senator and Representative in Congress.

Code 1852, §  398;  Code 1915, §§  1855, 1889;  Code 1935, §§  1974, 2008;  15 Del. C. 1953, §  4309;  57 Del. Laws, c. 169, §  2