TITLE 15

Elections

General Elections

CHAPTER 47. Election Officers

Subchapter I. Appointment of Election Officers


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 Laws, c. 275, § 72; repealed by 82 Del. Laws, c. 170, § 19, effective July 30, 2019.;

The Department may appoint election officers to serve in the 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; 82 Del. Laws, c. 170, § 20.;

Repealed by 75 Del.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.;