TITLE 15

Elections

General Elections

CHAPTER 47. ELECTION OFFICERS

Subchapter I. Appointment of Election Officers


(a) The county executive committee of each of the 2 principal political parties shall submit to the Department no later than February 1 of each general election year a list containing the names of 8 registered voters for each election district in the county. The Department shall appoint all election officers, including clerks, from these lists; provided, however, that if the lists are not filed with the Department by February 1 or if the number of names submitted are not sufficient, the Department shall select, notwithstanding paragraphs (b)(1) and (2) of this section, some qualified person or persons shown on its records to be registered to vote in the election district (or in the absence of such persons, the representative district), provided that no more than a bare majority of such persons are members of the same political party.

(1) The county executive committee of each of the 2 principal political parties may nominate Delaware citizens who are full-time students and who will be at least 16 years of age on or before November 1 in the year of a general election and who will be less than 18 years of age on or before the day of the general election to serve as clerks of election. Such nominations shall be accompanied by an authorization signed by the person's parent or guardian as well as the principal of the school the student attends. The authorization shall be on a form promulgated by the State Election Commissioner. The Department may recruit United States citizens who are full-time students and who will be at least 16 years of age on or before November 1, in the year of a general election and who will be less than 18 years of age on or before the day of the general election to serve as clerks of election. Persons recruited by the Department shall present an authorization, on the form promulgated by the State Election Commissioner, to the Department prior to being appointed. Notwithstanding any law or regulation to the contrary, the Department may appoint no more than 2 persons under the age of 18 as clerks in any Election District where 2 or fewer voting machines are assigned. In Election Districts where 3 or more voting machines are assigned, 1 person under the age of 18 may be appointed as a clerk for each voting machine assigned. Persons nominated by a political party on or before February 1 in the year of a general election shall be given priority over persons recruited by the Department unless such persons demonstrate that they are unable or unwilling to perform election officer duties. The State Election Commissioner, after consultation and coordination with the Department, shall promulgate the nomination form for the purpose of this subsection no later than January 1, 2004.

(2) Notwithstanding any law or regulation to the contrary, the Department may appoint Delaware residents who are registered voters and who are enrolled as at least half-time students in colleges or universities within the respective county as election officers for that county. College or university students recruited by the Department and who will be less than 18 years of age on or before the day of the general election shall present an authorization signed by a faculty member or dean of the school they attend, on the form promulgated by the State Election Commissioner, to the Department prior to being appointed.

(b)(1) During the month of April in each general election year, the Department shall appoint for each election district in its county 1 inspector; 2 judges of election, 1 from each of the 2 principal political parties; and 2 clerks of election, 1 from each of the 2 principal political parties, provided that where the election district has fewer than 100 voters of a principal political party, the Department may appoint such party's clerk or clerks of election from a different election district within the same representative district. The terms of the inspectors, judges, and clerks of election shall extend from the day of their appointment to April 1 of the next general election year.

(2) Whenever an election district is to be provided more than 1 voting machine, 2 additional clerks, 1 from each principal political party, shall be appointed for each additional voting machine. These additional appointments shall be made in April whenever the number of additional voting machines is known to the department. Subsequent additional appointments shall be made as soon as practicable after the department determines the need for additional voting machines in an election district.

19 Del. Laws, c. 39, § 3; 20 Del. Laws, c. 393, § 10; 21 Del. Laws, c. 40, § 3; 21 Del. Laws, c. 41, § 1; Code 1915, §§ 1665, 1666, 1717; 37 Del. Laws, c. 119; Code 1935, §§ 1752, 1753, 1806; 42 Del. Laws, c. 115, §§ 6, 7; 43 Del. Laws, c. 128, § 1; 45 Del. Laws, c. 147, §§ 5, 6; 45 Del. Laws, c. 148, § 30; 45 Del. Laws, c. 149, § 30; 45 Del. Laws, c. 151, § 2; 15 Del. C. 1953, § 4701; 49 Del. Laws, c. 4, § 5; 58 Del. Laws, c. 215, § 24; 67 Del. Laws, c. 354, § 22; 70 Del. Laws, c. 490, § 1; 74 Del. Laws, c. 89, § 1; 75 Del. Laws, c. 232, § 45; 77 Del. Laws, c. 227, § 2; 79 Del. Laws, c. 275, § 72.;

The Department may appoint such additional election officers to serve as machine operators, greeters or for other purposes deemed necessary to facilitate the operation of polling places.

67 Del. Laws, c. 354, § 25; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 46; 79 Del. Laws, c. 275, § 72.;

Repealed by 75 Del. Laws, c. 232, § 47, effective Feb. 1, 2006.;

The Department may remove from office any inspector or judge of election or clerk appointed by it for want of requisite qualifications or for cause. Such removal, unless made while such person is actually on duty on a day of election and for improper conduct as an inspector or judge of election or clerk, shall only be made after notice which shall set forth clearly and distinctly the reasons for the removal.

21 Del. Laws, c. 40, § 3; Code 1915, §§ 1665, 1666; 37 Del. Laws, c. 119; Code 1935, §§ 1752, 1753; 45 Del. Laws, c. 147, §§ 5, 6; 45 Del. Laws, c. 148, § 30; 45 Del. Laws, c. 149, § 30; 15 Del. C. 1953, § 4705; 58 Del. Laws, c. 148, § 63; 67 Del. Laws, c. 354, § 24; 79 Del. Laws, c. 275, § 72.;

The Department shall appoint replacements for election officers who are unable to perform their duties due to illness, disability or for any other reason.

21 Del. Laws, c. 40, § 3; Code 1915, §§ 1666, 1669; 37 Del. Laws, c. 119; Code 1935, §§ 1753, 1756; 45 Del. Laws, c. 147, §§ 6, 9; 45 Del. Laws, c. 148, § 30; 45 Del. Laws, c. 149, § 30; 15 Del. C. 1953, § 4706; 49 Del. Laws, c. 294, § 12; 58 Del. Laws, c. 148, §§ 64, 65; 67 Del. Laws, c. 354, §§ 23, 24; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 232, § 48; 79 Del. Laws, c. 275, § 72.;

(a) The compensation for election officers is set at the rates in effect as of January 1, 2005. These rates may be adjusted periodically as authorized in the State's Budget Act.

(b) Election officers shall be paid $15 for each day's service in performing any duty required on a day other than a day of an election except as otherwise provided in this title.

(c) Election officers required to attend an additional training session other than that required in § 4741 of this title shall be paid $25 for that training.

26 Del. Laws, c. 42; Code 1915, § 1792; 30 Del. Laws, c. 104; Code 1935, § 1881; 45 Del. Laws, c. 154, § 15; 48 Del. Laws, c. 69, § 1; 15 Del. C. 1953, § 4707; 57 Del. Laws, c. 181, § 49; 58 Del. Laws, c. 215, § 26; 61 Del. Laws, c. 335, §§ 2-3; 64 Del. Laws, c. 408, § 1; 66 Del. Laws, c. 303, § 262(b), (c); 67 Del. Laws, c. 354, § 24; 75 Del. Laws, c. 232, § 49.;

The inspector or judge of election or clerk during the time he or she holds office shall be exempt from the performance of military duty.

No person who by the laws of this State is exempt from jury duty shall be required to serve as an inspector or judge of election or clerk.

19 Del. Laws, c. 39, § 3; 24 Del. Laws, c. 244, § 1; 25 Del. Laws, c. 235, § 1; Code 1915, § 1719; Code 1935, §§ 1753, 1808; 45 Del. Laws, c. 147, § 6; 15 Del. C. 1953, § 4708; 58 Del. Laws, c. 148, § 66; 67 Del. Laws, c. 354, § 24; 70 Del. Laws, c. 186, § 1.;

(a) If an employee has vacation time accrued and available for use and is not in a critical need position, an employer shall not deprive an employee of employment, nor threaten or otherwise coerce an employee with respect thereto, because the employee is serving as an election officer on an election day or is otherwise serving in accordance with this chapter.

(b) Any employer who violates subsection (a) of this section is guilty of criminal contempt, and upon conviction may be fined not more than $500 or imprisoned not more than 6 months, or both.

(c) If an employer discharges an employee in violation of subsection (a) of this section, the employee may file a civil action in Superior Court within 90 days for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. An employee who prevails shall be allowed a reasonable attorney's fee fixed by the Court.

(d) The Superior Court shall have original and exclusive jurisdiction over any violation of this section.

(e) For purposes of this section, a "critical need position" is one in the field of public safety, corrections, transportation, health care, utilities, a small business employing 20 or less persons total or is otherwise a necessary position for the business or industry to be in service or operation on election day.

73 Del. Laws, c. 379, § 1.;