TITLE 15

Elections

Primary Elections and Nominations of Candidates

CHAPTER 31. Primary Elections

Subchapter II. Books, Ballots, Supplies and Polling Places

§ 3121. Registration records used.

(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, §  1822 Del. Laws, c. 285, §  127 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, §  475 Del. Laws, c. 232, §  31

§ 3122. Delivery of registration records to proper inspectors; penalty.

(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, §  2422 Del. Laws, c. 285, §  427 Del. Laws, c. 66, §  1;  Code 1915, §  1698;  34 Del. Laws, c. 108, §  7;  Code 1935, §  1786;  43 Del. Laws, c. 127, §  345 Del. Laws, c. 150, §  8;  15 Del. C. 1953, §  3122;  49 Del. Laws, c. 4, §  550 Del. Laws, c. 426, §§  4, 1257 Del. Laws, c. 567, §  1870 Del. Laws, c. 186, §  170 Del. Laws, c. 188, §  2375 Del. Laws, c. 232, §  3279 Del. Laws, c. 275, §  56

§ 3123. Use of ballot.

All primary elections shall be by ballot.

20 Del. Laws, c. 393, §  227 Del. Laws, c. 66, §  1;  Code 1915, §  1679;  Code 1935, §  1770;  15 Del. C. 1953, §  3123; 

§ 3124. Ballots for voting devices.

(a) The Department shall cause to be created the ballots to be used in any primary election.

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

20 Del. Laws, c. 393, §  3927 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, §  351 Del. Laws, c. 107, §  357 Del. Laws, c. 567, §  1958 Del. Laws, c. 148, §§  35-3760 Del. Laws, c. 414, §  761 Del. Laws, c. 480, §  475 Del. Laws, c. 232, §  3379 Del. Laws, c. 275, §  5782 Del. Laws, c. 170, § 5

§ 3125. Department to furnish voting devices, flags, supplies, and instructions for polling places.

For each polling place, the Department shall furnish all of 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 under paragraph (1) of this section.

(3) Poll list, stationary, 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 deems necessary and appropriate to assist the election officers in the proper performance of the officers’ duties.

(5) A proper number of voting devices of the type used in general elections, which devices must be duly inspected, prepared, and certified under Chapter 50A of this title for general elections.

20 Del. Laws, c. 393, §  2627 Del. Laws, c. 66, §  1;  Code 1915, §  1700;  Code 1935, §  1788;  42 Del. Laws, c. 117, §  143 Del. Laws, c. 127, §  4;  15 Del. C. 1953, §  3125;  49 Del. Laws, c. 276, §  455 Del. Laws, c. 458, §  157 Del. Laws, c. 567, §  2058 Del. Laws, c. 148, §§  38, 3960 Del. Laws, c. 414, §  861 Del. Laws, c. 480, §  570 Del. Laws, c. 188, §  2477 Del. Laws, c. 227, §  4179 Del. Laws, c. 275, §  5882 Del. Laws, c. 170, § 6

§ 3126. Voting to be by voting devices.

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

20 Del. Laws, c. 393, §  2727 Del. Laws, c. 66, §  1;  Code 1915, §  1701;  Code 1935, §  1789;  15 Del. C. 1953, §  3126;  57 Del. Laws, c. 567, §  2161 Del. Laws, c. 480, §  670 Del. Laws, c. 506, §  282 Del. Laws, c. 170, § 7

§ 3127. Designation of polling places.

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, §  2327 Del. Laws, c. 66, §  1;  Code 1915, §  1697;  Code 1935, §  1785;  15 Del. C. 1953, §  3128;  50 Del. Laws, c. 426, §  1550 Del. Laws, c. 631, §  258 Del. Laws, c. 148, §  4074 Del. Laws, c. 343, §  279 Del. Laws, c. 275, §  59