TITLE 28

Sports and Amusements

CHAPTER 15. Delaware Board Of Charitable Gaming

Subchapter I. Purpose, Scope, Definitions and Referendums

§ 1501. Purpose and scope.

This chapter shall provide for referendums on games and the regulation and control of games, provided that the district in which it is conducted votes in favor of such games. Games shall be conducted in Delaware only by those licensed under this chapter and subject to the limitations herein.

28 Del. C. 1953, §  1101;  51 Del. Laws, c. 65, §  164 Del. Laws, c. 100, §  479 Del. Laws, c. 199, §  4

§ 1502. Definitions.

As used in this chapter:

(1) “Board” means the Delaware Board of Charitable Gaming;

(2) “Districts” means those districts mentioned in article II, § 17A or § 17B of the state Constitution;

(3) “Game or games” means bingo, instant or sealed game, and charitable gaming;

(4) “Members-only game” means any game of chance open for participation only to members of the sponsoring organization;

(5) “Organization” means a veterans’, religious or charitable organization, volunteer fire company or fraternal society as defined in article II, § 17A or § 17B of the state Constitution.

28 Del. C. 1953, §  1102;  51 Del. Laws, c. 65, §  164 Del. Laws, c. 100, §§  2, 3, 665 Del. Laws, c. 180, §  167 Del. Laws, c. 16, §§  1, 2, 878 Del. Laws, c. 102, §§  1-379 Del. Laws, c. 199, §  480 Del. Laws, c. 416, § 1

§ 1503. Referendums in general elections.

In the event that a majority of all the members elected to each house of the General Assembly by the qualified electors in any district mentioned in article II, § 17A or § 17B of the state Constitution shall request in writing to the Speaker of the House of Representatives and to the President of the Senate, not less than 30 days preceding the next succeeding general election, that the question of license or no license of the playing of the game of bingo be submitted to a vote of the qualified electors of said district, the department of elections with jurisdiction over the district concerned shall cause to be printed on the ballots used in the next succeeding general election after said request the following question:

“Do you favor the licensing of the playing of the game of bingo within the limits of

(insert the words, “City of Wilmington,” “Sussex County,” “Kent County” or “New Castle County outside of the City of Wilmington,” as the case may be)?”

28 Del. C. 1953, §§  1110, 1111;  51 Del. Laws, c. 65, §  164 Del. Laws, c. 100, §  679 Del. Laws, c. 199, §  4

§ 1504. Applicability of general election laws; conduct of referendum.

(a) Title 15, insofar as it is applicable shall apply to all referendums held under the provisions of this chapter. A voter may indicate that voter’s answer to the question submitted by voting in the affirmative or negative.

(b) Each department of elections shall take steps to insure that the equipment and supplies used at the general election are adjusted and modified to the extent necessary to permit the recording, tabulation and certification of the referendum vote.

(c) The department of elections of each county shall constitute a board of canvass for the purpose of canvassing the vote in any referendum held under this chapter.

(d) The provisions of Title 15 and the Constitution of this State relating to the certification and canvassing of the vote in general elections shall be followed insofar as those provisions are applicable.

(e) The Governor shall certify and proclaim the results of any such referendum at the time the Governor certifies and proclaims the results of the general election pursuant to the provision of § 5710 of Title 15.

(f) The State Election Commissioner is empowered to prescribe such procedure and to make such rules and regulations, not inconsistent with this section or any other law of this State, as the State Election Commissioner may deem necessary to insure uniformity of method in the 3 counties in certifying and canvassing the vote in any referendum held under this chapter.

28 Del. C. 1953, §  1112;  51 Del. Laws, c. 65, §  151 Del. Laws, c. 35470 Del. Laws, c. 186, §  179 Del. Laws, c. 199, §  484 Del. Laws, c. 42, § 138