General Elections

CHAPTER 41. General Provisions

§ 4101. Residency requirements for candidates.

The residency requirements for candidates for elective office shall be as set forth in the municipal charter, state statute or state Constitution governing the qualifications of candidates for elective office in the city, county, area or district in which the candidate proposes to seek elective office. In instances where a court has declared a residency requirement to be unconstitutional and until such time as a new residency requirement becomes effective, no person may be a candidate for elective office unless such person has been a resident of the city, county, area or district for a period of at least 1 year prior to seeking elective office.

15 Del. C. 1953, §  4101;  58 Del. Laws, c. 520.

§ 4102. Election districts; boundaries.

The boundaries of the election districts in each county shall be established and designated by the department of elections for the county, subject to the limitations in this chapter.

Code 1935, §  1750;  46 Del. Laws, c. 315, §  1;  15 Del. C. 1953, §  4102; 

§ 4103. Division of election districts.

(a) The Department may divide such of the election districts, and such only, as by the election last preceding such division shall be found to contain a greater number of voters than can conveniently vote therein. Each election district so divided shall be at all times wholly within boundaries of 1 representative district.

(b) The Department shall designate each election district by an appropriate title that will distinguish it from every other election district.

(c) The division of election districts shall be made at any time after a general election is held and before March 1 of the next succeeding general election year.

Code 1935, §  1750;  45 Del. Laws, c. 148, §  1045 Del. Laws, c. 149, §  1046 Del. Laws, c. 315, §  1;  15 Del. C. 1953, §  4103;  51 Del. Laws, c. 23679 Del. Laws, c. 275, §  64

§ 4104. Notice of change of election district boundaries in New Castle County.

Repealed by 61 Del. Laws, c. 480, § 7, effective July 11, 1978.

§ 4105. Composition of election districts.

(a) The Department shall create election districts consisting of a minimum of 500 registered voters and a maximum of 3000 registered voters, except where such composition would cause a conflict with representative, senatorial or councilmemberic boundary lines.

(b) Allowance for individual exceptions may be made by the State Election Commissioner.

(c) The Department shall designate all election districts before March 1 in any election year, except in election year 2022, wherein the Department shall designate all election districts before April 1, 2022.

15 Del. C. 1953, §  4105;  55 Del. Laws, c. 25957 Del. Laws, c. 181, §  4558 Del. Laws, c. 215, §  4460 Del. Laws, c. 405, §  170 Del. Laws, c. 186, §  173 Del. Laws, c. 272, §  179 Del. Laws, c. 275, §  6583 Del. Laws, c. 276, § 1

§ 4106. Voting places.

Repealed by 74 Del. Laws, c. 411, § 21, effective Aug. 5, 2004.

§ 4107. Maps at each polling place.


§ 4108. Candidates for election.

For state and/or county offices, no person shall simultaneously be a candidate for election to 2 or more different offices, nor may a person simultaneously be a candidate for election for 2 or more different political parties.

79 Del. Laws, c. 202, §  1