Vacancy in Office of Representative in Congress, United States Senator or Presidential Elector

Del. Code tit. 15, ch. 73

in effect

Del. Code tit. 15, § 7301 Special election to fill vacancy.

Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States, an election shall be held to fill such vacancy on such day as the Governor shall appoint, in the several counties at the same places which at the time shall be prescribed by law for holding the general election.

Del. Code tit. 15, § 7302 Time of election; general election.

It shall be in the discretion of the Governor whether to appoint a day for holding elections under this chapter, before the day of holding the general election next after the happening of a vacancy, and, if the day of holding the general election shall be appointed, then the election shall be held and conducted and all the proceedings touching the same had as part of the general election.

Del. Code tit. 15, § 7303 Writs of election.

The Governor shall issue writs of election to the Department reciting the vacancy and commanding the Department to cause an election to be held in its county on the day mentioned in the writ, at the place by law prescribed for holding the general election in its county, for choosing a Representative in place of the Representative whose seat shall so have become vacant, which writ shall be delivered to the Department at least 60 days before the day therein appointed for holding the election.

Del. Code tit. 15, § 7304 Notice to the public.

The State Election Commissioner shall within 10 days after issuance of the writ advertise by suitable news media or by publishing the same each day for at least 3 days in 1 or more daily newspapers printed in each county or, if no daily newspaper is published in a county, in an edition of each of 2 weekly newspapers. Such notice shall state the day and place of the election and the officer to be chosen.

Del. Code tit. 15, § 7305 Nomination of candidates.

(a) Political parties with at least 1 / 10 of 1 percent of registered voters in the State as of the last day of the month before the day the Governor issued the writ may nominate a candidate for the election. (b) Parties nominating a candidate shall submit a certificate of nomination on the form and in the manner specified by the State Election Commissioner to the State Election Commissioner not later than 7 days following issuance of the writ.

Del. Code tit. 15, § 7306 Conduct of special election.

Notwithstanding the provisions of this subchapter, a special election for Representative in Congress shall be conducted in the same manner and form and under the same regulations in all respects as a special election to supply a vacancy in either house of the General Assembly, and the votes given in each county shall be calculated, ascertained and certified at the same time and place and in like manner and by the same method and regulation as in case of such special election.

Del. Code tit. 15, § 7307 Polling places; voting machines; election officers.

The Department: (1) May combine all election districts voting at a location into a single voting district; (2) May combine other election districts as necessary for the efficient conduct of the election; (3) Shall assign a minimum of 2 voting machines and a maximum of 5 voting machines to a voting district; and (4) Shall assign a sufficient number of election officers to each voting district.

Del. Code tit. 15, § 7308 Costs of the special election.

The Office of Management and Budget shall transfer sufficient funds to cover the cost of the special election to the State Election Commissioner, the Department and Superior Court not later than 5 business days following issuance of the writ.

Del. Code tit. 15, § 7321 Vacancy; temporary appointment; term.

Whenever a vacancy shall happen by death, resignation or otherwise in the office of Senator from this State in the Senate of the United States, the Governor may make a temporary or ad interim appointment from among the qualified electors of this State of some person to fill such vacancy until the same shall be filled at the next ensuing general election in the manner prescribed by law. The office of such temporary appointee shall terminate upon the election, under this title, of a Senator from this State in the Senate of the United States to fill the vacancy.

Del. Code tit. 15, § 7322 Certification of appointment; form.

(a) If a vacancy in the office of United States Senator is filled by temporary appointment by the Governor, the Governor shall certify the appointment of a Senator from this State in the Senate of the United States, under the Great Seal of the State, to the President of the Senate of the United States. Such certificates shall be countersigned by the Secretary of State of Delaware. (b) The certificate, in the case of a temporary appointment by the Governor, may be in the following form, viz.: “To the President of the Senate of the United States: Be it known that I, ________________________________________________________________, Governor of the State of Delaware, according to the form of the Act of the General Assembly of said State, have appointed ________________________________________________________________ to be a Senator from the said State in the Senate of the United States, to serve as such Senator until the electors of the said State shall fill the vacancy caused by the death (resignation or otherwise) of ________________________________________________________________, lately Senator from said State, in the Senate of the United States. Given under our hands, in obedience to the said Act of the General Assembly and of the said Act of Congress, the ________________ day of ________________ A. D. ________________”.

Del. Code tit. 15, § 7331 Procedure in case of failure to elect electors.

If upon examining the certificates of the boards of canvass it shall appear to the Governor that there has been a failure to choose 1 or more of the electors of a President and Vice President of the United States to be appointed in this State or, if from any cause such electors shall fail to be chosen, the Governor shall immediately issue writs for convening the General Assembly, at Dover, on the fourth Monday of the same November, and the elector or electors to be appointed in this State for the election of a President and Vice President of the United States and not chosen at the general election shall be appointed by ballot by the General Assembly so convened in joint meeting of the Senate and House of Representatives.

Del. Code tit. 15, § 7332 Mode of choosing by General Assembly.

In the joint meeting provided for by § 7331 of this title there shall be a distinct balloting for each elector, and a majority of all the votes given shall be necessary to an appointment; but if upon any ballotings 2 persons only shall be voted for and each shall receive an equal number of votes, the President of the Senate shall give an additional casting vote; if upon twice balloting in succession more than 2 persons be voted for and 1 of such persons on each balloting receive one half the number of all the votes given, the President of the Senate may, on the second balloting, give an additional casting vote to the person having 1 / 2 of the number of all the votes given, or, if that person decline, the Speaker of the House of Representatives may, if the Speaker think proper, give an additional casting vote to the person having one half of such vote.

Del. Code tit. 15, § 7333 Member of General Assembly ineligible.

No member of the General Assembly for the time being shall be appointed an elector of President and Vice-President under § 7332 of this title.

Del. Code tit. 15, § 7334 Certificates of appointment by General Assembly.

Certificates of appointment of electors by the General Assembly shall be duly made and signed by the President of the Senate and the Speaker of the House of Representatives and attested by the clerks of the houses respectively, and shall be transmitted by the President of the Senate as follows: one to the Governor, in order that lists may be made, certified and delivered, according to the Act of Congress in that behalf and 1 to each of the electors appointed.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c073/sc01/index.htmlFetched: 10/4/2026