Primary Elections

Del. Code tit. 15, ch. 31
in effect

Del. Code tit. 15, § 3101 Nomination, withdrawal, and primary election dates.

The following schedule applies for all candidates: (1) Notification of candidacy shall be on or before 12:00 noon of the second Tuesday in July. (2) Such notification of candidacy may be withdrawn on or before 4:30 p.m. on the first Friday after the second Tuesday in July. In the event the first Friday after the second Tuesday in July is a legal holiday, then the final day to withdraw is the next day which is not a Saturday, Sunday, or a legal holiday. (3) Primary elections for all political parties shall be conducted on the second Tuesday after the first Monday in September. (4) [Repealed.]

Del. Code tit. 15, § 3101A Direct primary elections.

The nominations of candidates by all major political parties for all offices to be decided at a general election shall be conducted by direct primary. All such primaries shall be conducted by the Department under the applicable provisions of this title.

Del. Code tit. 15, § 3102 Primary elections in all districts to be held on same day.

The primary elections for major political parties shall be held in the various districts on the same day as elsewhere provided in this title.

Del. Code tit. 15, § 3103 Filing fees.

(a) Filing fees for primary election for candidates for any office of any political party shall be set in the following manner: (1) Candidates for statewide office shall be set by the state executive committee of the respective political party; (2) Candidates for county or countywide office and members of the General Assembly shall be set by the county executive committee of the respective political party of the county in which the contest is to be held; (3) Candidates for municipal office for any municipality which holds its election at the time of the general election shall be set by the city executive committee of the respective political party of the city in which the contest is to be held. (b) The filing fee shall not be greater than 1% of the total salary for the entire term of office for which the candidate is filing except for candidates who fulfill the requirements of subsections (d) and (e) of this section. (c) The state chair, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department of the amount of the filing fee set pursuant to this section. The notification shall be no later than July 1 of each general election year. (d) A person who establishes indigency to the Commissioner may, in lieu of the filing fee, present a nomination petition by the deadline for notification of candidacy, in a form prescribed by the State Election Commissioner, bearing the signatures, in the manner hereinafter prescribed, of 1% of the persons who, at the time such petition is presented, are registered voters in all of the election districts in which such candidate would appear on the ballot. Each person who signs a nomination petition shall sign but 1 such petition for each office to be filled, and must be a registered member of the party designated in such petition; provided however, that where there are to be elected 2 or more persons to the same office, each signer may sign petitions for as many candidates for such office, as, and no more than, the signer could vote for at the succeeding election. Each signer of such petition shall declare the signer’s street address, the date of signature and that the signer is a registered voter of the county and of the party therein named. No nomination petition shall be circulated before the year in which the election is to take place, and no signature shall be counted unless it bears a date affixed not earlier than January 1 of the year in which the election is to take place. Said nomination petition may be on 1 or more sheets, and different sheets must be used for signers who reside in different counties. If more than 1 sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively. Each sheet shall bear the affidavit of the person responsible for circulating the petition that to the best of affiant’s knowledge and belief, the signers are registered voters in election districts in which such candidate would appear on the ballot and members of the political party of the candidate. (e) For purposes of this section, a person is “indigent” only if such person is receiving benefits under the Supplemental Security Income Program for Aged, Blind and Disabled under Subchapter XVI of Chapter 7 of Title 42 of the United States Code [42 U.S.C. § 1381 et seq.], or if the Commissioner determines that such person meets the income and resources tests for such benefits under 42 U.S.C. § 1382(a), as applied to Delaware residents. The Commissioner shall require any person who seeks to be treated as indigent under this section to provide such information under oath necessary to determine any claim of indigence, including copies of such person’s personal income tax returns and may require the person to authorize the Commissioner to receive information from banks, the Social Security Administration, credit reporting services and any other source of information as may be necessary to make the determination under this section. (f) When submitting filing fees, the state, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department whether filing fee checks are to be held in the office where the candidate will file or if they are to be turned over to the respective state, county or city chair of each political party.

Del. Code tit. 15, § 3104 Hours at polling places.

The time for opening the polls for the purpose of conducting a primary election shall be 7:00 in the morning, and the time for closing the polls at such primary election shall be 8:00 in the evening.

Del. Code tit. 15, § 3105 Procedure when no contest.

In case there be no contest for any office in any particular election district or districts the department shall be governed accordingly and shall not hold a primary election in any such election district or districts.

Del. Code tit. 15, § 3106 Filing of candidacy for nomination at a primary election; withdrawal.

(a) Any person desiring to be a candidate shall give notice in the following manner: (1) Candidates for statewide office: a. Any statewide candidate shall notify the chair of the state committee of that statewide candidate’s respective political party, or the chair’s designee in writing, on forms prescribed by the State Election Commissioner on or before the deadline set forth in § 3101(1) of this title. b. At the time of giving notice as required above, each candidate shall tender the required filing fee, if any, by giving a check to the State Election Commissioner, payable to the state committee of the candidate’s political party, together with a copy of the notice given the party’s state chair. At such time, the Commissioner shall receipt a third copy of said notice, to be provided the candidate. (2) Candidates for all other offices: a. All candidates for county or countywide office, members of the General Assembly, or municipal office for any municipality holding its election at the time of the general election shall notify the county chair, or the county chair’s designee, in writing, or the city chair, or the city chair’s designee, if applicable for municipal candidates, of their respective political party in their county of residence on forms prescribed by the State Election Commissioner on or before the deadline under § 3101(1) of this title. b. At the time of giving notice as required under paragraph (a)(2) of this section, each candidate shall tender the required filing fee, if any, by giving a check to the Department office for the county in which the candidate resides, payable to the county committee of the candidate’s political party, or city committee, if applicable for municipal candidates, together with a copy of the notice given to the party chair. At such time, the Department office shall receipt a copy of the notice to the candidate. (b) If any of the filing fees mentioned in subsection (a) of this section are not required, each candidate shall still give notice to the Department office for the county in which the candidate resides, as specified in paragraphs (a)(1) and (2) of this section, and the Department office shall receipt a copy of the notice to the candidate. (c) Any candidate who has filed for nomination under subsection (a) or (b) of this section may withdraw the filing by notifying the Department office with which the candidate filed on forms prescribed by the State Election Commissioner on or before the deadline under § 3101(2) of this title. The Department office for the county in which the candidate resides shall promptly notify the same political party chair who received the original notice of filing. The political party shall return the candidate’s filing fee. If a candidate withdraws after the deadline under § 3101(2) of this title, the candidate shall forfeit the filing fee to the political party. (d) Following the deadline for withdrawal of candidates, the State Election Commissioner shall promptly turn over any remaining filing fee checks in the possession of the Commissioner. At the same time, the Commissioner shall notify the Department of all those statewide candidates who have qualified under this section. The Department shall also at this time submit to the county chair or city chair any remaining filing fee checks in the possession of the county departments and shall notify the Commissioner of all persons who have qualified as candidates. (e) Any notice of candidacy or withdrawal of candidacy required by this section shall include the signature of each candidate, together with the candidate’s proper and correct name typed or printed, and the address from which the candidate is registered to vote at the time of filing. Additionally, each candidate shall provide the Commissioner of Elections with proof of their primary residential address in accordance with § 3114 of this title. (f) At the time of the filing of the notice required by this section, as well as at the time of the primary election, the person filing such notice shall be a registered member of the party whose nomination such person seeks, as shown on the voter rolls of the Department. (g) All candidates for statewide office, the General Assembly, or any elected county office must request a criminal history background check no earlier than the first date an individual may file as a candidate and no later than the filing deadline from the State Bureau of Identification and provide proof that the criminal history background check has been requested before giving notice under subsection (a) of this section. (1) A candidate who gives notice under subsection (a) of this section will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (g)(5) of this section. (2) The State Bureau of Identification must provide the Commissioner within 10 days of the State Bureau of Identification’s receipt of the candidate’s request, a report of the candidate’s criminal history record or a statement that the State Bureau of Identification Central Repository contains no information relating to the candidate. (3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record, as defined under Chapter 100 of Title 29. (4) The criminal history background check must be paid for by the candidate but may be reimbursed to the candidate as an authorized campaign expenditure under this title. (5) The Commissioner must determine, by August 1 of each general election year that a candidate is qualified under § 21 of Article II of the Delaware Constitution before the candidate’s name may be listed on a ballot in a primary election.

Del. Code tit. 15, § 3107 Determination of nominee.

Any candidate for party nomination to any office who receives a plurality of the votes cast in that candidate’s party’s primary election for that office shall be the nominee of that candidate’s party for such office.

Del. Code tit. 15, § 3108 Primary election districts; conduct of primary elections.

The Department shall, at least 2 weeks before a primary election, determine and establish primary election districts, each of which shall consist of 1 or more entire election districts in the same representative district. The Department and the election officers shall conduct the primary elections in the same way that general elections are conducted and in accordance with the applicable provisions of this title, except that the voting machines shall be operated so that the only buttons open to each voter shall be the buttons for candidates of the party of the voter’s party affiliation as shown by the voter’s original permanent registration record. The primary election officers and clerks shall be chosen by the Department from among the election officers and clerks selected for the general election for the election district or districts contained in the primary election district, and for each such primary election district the election officers and clerks shall be divided as equally as possible between the 2 principal parties.

Del. Code tit. 15, § 3109 Public notice of time and place.

Notice of primary elections shall at a minimum be given by publication of a notice of election in a daily newspaper of general circulation during 3 of the 10 days prior to a primary election with the last publication being the day before the aforesaid primary, or in the last issue of a weekly newspaper printed in a county before the aforesaid primary. Such notice shall also be, posted on the State’s, the State Election Commissioners’ and the Department’s websites.

Del. Code tit. 15, § 3110 Qualifications of voters.

An elector may vote in the primary election of a political party only if the elector is a duly registered voter and if it appears upon the elector’s original permanent registration record that the elector’s party affiliation is the same as the party which is holding the primary election.

Del. Code tit. 15, § 3111 Expenses paid by State.

The expenses for holding primary elections under this chapter, including stationery, and pay of officers and clerks shall be paid by the State.

Del. Code tit. 15, § 3112 Sale of alcoholic liquor on day of primary election.

Repealed by 76 Del. Laws, c. 237, § 4, effective June 18, 2008.

Del. Code tit. 15, § 3113 Nominating conventions.

The method of nominating candidates for the national Electoral College, for offices within a particular political party and for formulation of the party platform may be by convention.

Del. Code tit. 15, § 3114 Candidate residency requirements.

(a) Each candidate shall provide the Commissioner with all of the following information and documentation: (1) a. A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the candidate’s primary residential address. This affidavit must state that it is being signed by the candidate under penalty of perjury. b. For purposes of this section, “primary residence” or “primary residential address” means the candidate’s place of residence under § 103 of this title. (2) Proof of home ownership as evidenced by: a. A copy of a deed to the candidate’s primary residence, b. A mortgage payment billing statement verifying the address, or c. Any other document verifying home ownership for the candidate’s primary residence. d. If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the owner entity verifying that the candidate is living in the home. (3) a. If the candidate’s primary residence is rented or leased by the candidate, the candidate must provide proof of residency by providing a signed copy of a current and legally-enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing their notice of candidacy, the candidate must provide a letter, dated within 30 days of filing the notice of candidacy from the property manager or property owner verifying that the candidate is continuing to reside in the residence. b. If a candidate is primarily residing at a residence without a lease or rental agreement and the candidate’s name does not otherwise appear in the proof of home ownership, the candidate must have the property manager, or property owner sign an affidavit, in a form approved by the Commissioner of Elections, verifying the candidate’s residency in the property. (4) a. A copy of any currently valid Delaware motor vehicle registration in the candidate’s name showing the candidate’s address. b. A copy of a current valid Delaware driver’s license in the candidate’s name showing the candidate’s address. c. If the residential address on either the driver’s license or the motor vehicle registration is different from the candidate’s primary residential address, the candidate must provide documentation from the Delaware Division of Motor Vehicles that the driver’s license or motor vehicle registration is in the process of being changed to the candidate’s primary residential address. d. If a candidate does not own a motor vehicle or does not have a currently valid Delaware driver’s license, the candidate must submit any other Delaware-issued identification showing the address on the identification is consistent with the address of the candidate’s primary residence. e. If the candidate has no documentation required under this paragraph (a)(4), the candidate must submit a utility bill in the candidate’s name showing the candidate’s address. (b) (1) Failure to provide the documents required by this section on or before the deadline to file a notice of candidacy will disqualify a candidate from meeting the residency requirement to be a candidate. (2) Wilfully submitting false, forged, or altered documents; or coercing, or unduly influencing persons providing affidavit documents will, in addition to any other legal remedy available for such fraudulent act, disqualify a candidate from being a candidate. (c) (1) The Commissioner shall, within 7 calendar days from the filing of a notice of candidacy and submission of documents, review and verify all documents submitted under this section to confirm the candidate’s primary residential address and that the address is located in the area the candidate seeks to represent. The Commissioner shall advise the candidate in writing of the results of this review. (2) If the Commissioner determines that there are deficiencies in the documents or that there are missing documents, the Commissioner shall advise the candidate in writing what the deficiencies are or what documents are missing. The candidate will have until the closing date for filing a notice of candidacy or 7 calendar days from the Commissioner’s letter, whichever is later, to cure the deficiencies or submit missing documents. (3) If the candidate fails to cure the deficiencies or submit the missing documents within the time limits of this section, the Commissioner will provide a letter to the candidate advising the candidate of the failure to meet the requirements of this section and their ineligibility to be a candidate. (4) If the candidate cures the deficiencies and submits any missing documents, the Commissioner shall advise the candidate in writing that the requirements of this section have been met. (d) An incumbent elected official who wants to be a candidate for reelection and who has not relocated to a new primary residence after previously complying with this section, shall comply with this section by providing a copy of their current Delaware driver’s license or Delaware identification card and an affidavit stating they have not relocated and all previously supplied documents and information remain true and correct. (e) [Repealed.]

Del. Code tit. 15, § 3115 Elected official, primary residency.

(a) If an elected official relocated to a new primary residential address in the district they represent, they must, within 60 days of relocating, advise the Commissioner of Elections of the new address and provide the documents required by § 3114 of this chapter. (b) Failure to provide the documents required by this section shall subject the elected official to a civil penalty of $100. (c) Wilfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavit documents will be an act of fraud.

Del. Code tit. 15, § 3116 Fraud prosecution.

Any allegation of fraud relating to a candidate or an elected official’s primary residence shall be submitted to the Attorney General for investigation and possible prosecution.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 3141 Form of oath.

Before opening the election, the presiding officers and judges shall each take and subscribe an oath according to the following form: “I do solemnly swear (or affirm) that in the primary election to be held on the . . . . . . . . day of . . . . . . A. D. . . . . . . I will not knowingly or willfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at such primary election to be fully read and ascertained, and a true statement thereof to be made, according to the best of my knowledge and ability; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such primary election, or any representative of any candidate or other person, any money, pay or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or representative of such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conducting of the primary election, I shall disclose the same to the executive authority that shall have directed the holding of the primary election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).”

Del. Code tit. 15, § 3142 Powers to preserve peace.

Each of the election officers of any primary election shall have the same powers as provided in § 4946 of this title.

Del. Code tit. 15, § 3143 Compensation.

Compensation of the officers and clerks for the holding of primary elections shall be the same as the compensation for officers and clerks in general elections.

Del. Code tit. 15, § 3161 Voting procedure [Effective until fulfillment of 85 Del. Laws, c. 63, § 14(f)].

(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration record whether the voter’s party affiliation is the same as the party holding the primary election, and, if they are not the same, the voter shall not be permitted to vote in the primary election. (b) Notwithstanding any provision to the contrary, if a qualified unaffiliated voter who is registered to vote for the first time pursuant to § 2050A of this title appears at a primary election and indicates the intent to enroll in the party holding the primary election, such voter shall be enrolled immediately in that party and be permitted to cast a regular ballot for the primary election.

Del. Code tit. 15, § 3162 Return of registration records; failure; penalty.

(a) The inspector, immediately after the close of the primary election, shall return the registration records used by that inspector at any primary election to the Department, which shall preserve them. (b) Whoever, being an inspector, neglects, refuses or fails to return the registration records as directed in this section shall, for each such offense, be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.

Del. Code tit. 15, § 3163 Receiving illegal or refusing legal votes; penalty.

Whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully receives, or advises or consents to the receiving of, the vote of any person not entitled to vote at such primary election; or whoever, at any primary election, being a presiding officer or judge, knowingly and wilfully refuses to receive the vote of any person entitled to vote at such primary election, shall, for every such offense, pay $100 to any person who sues for the same or be fined not less than $100, and, in either case, be imprisoned until the judgments, fines and costs are paid in full or discharged by the court.

Del. Code tit. 15, § 3164 Challengers.

(a) Each candidate for nomination at any primary election may appoint and accredit some suitable person as a challenger. One challenger for each candidate whose name appears on the ballot for that election district may be present inside the polling place and shall be permitted to observe the conduct of the primary election and all the election records. The challengers may be changed and their places filled in like manner during the day. (b) The duties, privileges and activities of these challengers shall be governed by § 4934(a) and (b) and other pertinent sections of this title, consistent with this chapter.

Del. Code tit. 15, § 3166 Illegal election conduct; general penalties.

(a) Whoever, at any primary election: (1) Falsely personates any elector or other person and votes or attempts to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not that person’s own; or (2) Knowingly, wilfully or fraudulently votes more than once for any candidate for the same office; or (3) Votes in any other primary election district than the 1 in which that person is a bona fide resident; or (4) Votes or attempts to vote more than 1 ballot at any primary election district; or (5) Solicits from any candidate or from any other person or receives, directly or indirectly from such candidate or from any other person, any money, or promise of place or position, or any valuable consideration of any kind, for that person’s vote or support; or (6) Not being entitled thereto, votes or attempts or offers to vote in any primary election district; or (7) Having once voted, attempts or offers to vote again; or (8) Knowingly, wilfully or fraudulently does any unlawful act to secure opportunity for himself or herself or for any other person to vote; or (9) By force, threat, menace, intimidation, bribery or reward or offer to or promise thereof, or otherwise unlawfully either directly or indirectly, influences or attempts to influence any elector in giving that person’s vote; or (10) Promises any place or position for the purpose of securing any voter’s support; or (11) Prevents or hinders or attempts to prevent or hinder any qualified voter from freely exercising the rights of suffrage; or (12) By any such means induces or attempts to induce any such voter to refuse to exercise any such right; or (13) By any such means or otherwise compels or induces or attempts to compel or induce any inspector of any primary election or other officer of any primary election to receive the vote of any person not legally qualified or entitled to vote at the primary election in such district; or (14) Knowingly, wilfully or fraudulently interferes with, delays or hinders in any manner any inspector of any primary election, clerk or other officer of such election in the discharge of such officer’s duty; or (15) By any such means or other unlawful means, knowingly, wilfully or fraudulently counsels, advises, induces or attempts to induce any inspector of any primary election, clerk or other officer of any primary election, whose duty it is to ascertain, proclaim, announce or declare the result of any such primary election or to give or make any certificate, document, report, return or other evidence in relation thereto, to refuse or neglect to comply with such officer’s duty or to violate any law regulating the same, or to receive the vote of any person in any primary election district not entitled to vote therein or to refuse to receive the vote of any person entitled to vote therein; or (16) Aids, counsels or advises, procures or assists any voter, person or inspector of any primary election or other officer of such primary election to do any act by law forbidden, or in this chapter constituted an offense, or to omit to do any act by law directed to be done; shall, when not in this chapter otherwise particularly specified, for each offense be fined not more than $200 or imprisoned not more than 2 years, or both. (b) Whoever votes at the primary election of more than 1 political party before any 1 general election shall be punished as provided in subsection (a) of this section. (c) Any act or deed declared an offense by the general laws of this State concerning elections and not in this section particularly mentioned shall also be an offense in all primary elections, and shall be punished in the same form and manner as is provided for the punishment of similar offenses by the general laws; and all the penalties and provisions of the general laws shall apply in such case with equal force and shall be as effective as though fully set out in this chapter.

Del. Code tit. 15, § 3167 Bribery at primary elections; penalty.

Whoever, either in or out of this State, receives or accepts, or offers to receive or accept, or pays, transfers or delivers, or offers, or promises to pay, transfer or deliver, or contributes or offers, or promises to contribute to another to be paid or used, any money, or other valuable thing as a compensation, inducement or reward for the giving or withholding or in any manner influencing the giving or withholding a vote at any primary election held for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates for public office or for the purpose of selecting delegates to a national political convention thereafter to be held for the purpose of nominating candidates for the office of President and Vice President of the United States, shall be fined not less than $100 nor more than $5,000 or imprisoned not less than 1 month nor more than 3 years, or both.

Del. Code tit. 15, § 3168 Stealing, destroying or falsifying registration records; penalty.

(a) Whoever, being an inspector of any primary election, clerk or other officer or person having the custody of any registration records, oaths, return of votes, certificates, poll lists or any paper, document or evidence of any description in this chapter directed to be made, filed or preserved, steals, wilfully destroys, mutilates, defaces, falsifies or fraudulently removes or secretes the whole or any part thereof, or fraudulently makes any entry, erasure or alteration therein, except as allowed and directed by this chapter, or permits any other person to do so, shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both. (b) Whoever, other than an officer mentioned in subsection (a) of this section, commits any of the acts specified in such subsection (a) or advises, procures or abets the commission of the same shall, for every such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.

Del. Code tit. 15, § 3169 Alcoholic liquor in locale of primary election; penalty.

Whoever, during the time that any primary election is in progress in any primary election district or during the time the ballots cast thereat are being counted: (1) Brings, takes, orders or sends into, or attempts to bring, take or send into any place of holding any primary election, any alcoholic liquor whatever; or (2) At any such time and place drinks or partakes of any alcoholic liquor; shall, for every such offense, be fined not less than $5.00 nor more than $10.

Del. Code tit. 15, § 3170 Tabulation of vote.

As soon as the polls are closed at a primary election, the votes shall be tabulated as set forth in Chapter 49 of this title.

Del. Code tit. 15, § 3171 Certification of results.

The inspector and judges shall remove the paper tape containing the total vote cast for each candidate from each voting machine in the election district. Each copy of each paper tape shall then be signed by the inspector, judges and clerks and sealed in an envelope, which shall be signed across its sealed fold by each election officer. This envelope, together with other required records and supplies, shall immediately be delivered to the department of elections by the inspector.

Del. Code tit. 15, § 3172 Calculation of votes; ties.

(a) The Department shall forthwith calculate the total number of votes cast for each candidate in any contest and certify the candidate or candidates receiving the highest number of votes. (b) In the case of any objection or dispute, the State Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board shall determine the result of the contested election and certify the name of the winning candidate or candidates. In the case of statewide contests, the State Election Commissioner shall be immediately notified of the Board’s determination. (c) In all cases of a tie vote, the Department shall immediately notify the chair and secretary of the county committee of the political party holding the primary election. This committee shall convene within 5 days of such notification to determine which candidate shall be entitled to the nomination. (d) In cases where there is a tie vote in a statewide contest, the State Election Commissioner shall immediately notify the chair and secretary of the state committee of the political party involved, and that committee shall convene within 5 days, as provided above, to decide upon the nomination. (e) If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.

Del. Code tit. 15, § 3173 Vote required for nomination.

In all cases the candidate receiving the highest number of votes shall be declared the nominee of the political party holding a primary election.

Del. Code tit. 15, § 3174 Death, physical, mental or other incapacity of nominee.

Whenever it shall be determined that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the vacancy shall be filled as provided in § 3303 of this title. If the vacancy occurs subsequent to the dates specified in § 3303 of this title, it shall be filled in accordance with § 3306 of this title.

Del. Code tit. 15, § 3181 Primary to be held.

(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall be conducted on the fourth Tuesday in April in the calendar year of a presidential election. (b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of the political party notifies the State Election Commissioner in writing that such political party elects not to be governed by the provisions of this subchapter prior to the close of business on the earlier of the first business day in the year in which a President of the United States is to be elected or 120 days before the day of the presidential primary.

Del. Code tit. 15, § 3182 Conduct of election.

Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the laws governing statewide office primaries.

Del. Code tit. 15, § 3183 Nomination; withdrawal.

(a) Notification of candidacy shall be no later than the sixtieth day before the day of the presidential primary election. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification shall be the next day that is not a Saturday, Sunday or a legal holiday. (b) The chairperson of each political party participating in the presidential primary shall, no later than 4:30 p.m. the Wednesday following the deadline set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate’s campaign, that the candidate’s name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a) of this section, may have that candidate’s own name removed from the ballot provided that no later than the close of the business day the Friday following the deadline set in accordance with subsection (a) of this section, the candidate files an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become a candidate in any other state’s presidential primary and that the candidate is not currently (or is no longer), and does not intend to become, a candidate for the presidential nomination of the candidate’s party. (c) In the event that only 1 candidate files for a party’s nomination by the filing deadline set forth in subsection (a) of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate shall be considered as having received 100% of the vote for that party’s presidential primary election automatically upon the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the party’s nomination, no election shall be held for that party’s nomination.

Del. Code tit. 15, § 3184 Candidates for presidential election.

A candidate shall be eligible for the presidential primary election if: (1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or (2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of this title.

Del. Code tit. 15, § 3185 Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.

Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President of the United States must provide notification of their candidacy pursuant to this subchapter.

Del. Code tit. 15, § 3186 Delegate and alternate delegate commitments; authorization required; petitions.

Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.

Del. Code tit. 15, § 3187 Filing requirements.

A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political party affiliation as the candidate, who is authorized by the candidate to act on the candidate’s behalf in all election-related matters. The candidate will be held jointly responsible with the candidate’s authorized representative for compliance with all of the election laws for the State.

Del. Code tit. 15, § 3188 Nomination of delegates and alternate delegates; qualifications.

Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.

Del. Code tit. 15, § 3189 Presidential primary election ballots, voting in presidential election; change of party affiliation.

The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential candidate of the party of the voter’s registration as shown by the voter’s original permanent registration record. The last day that a voter may change his or her political party affiliation before the presidential primary election shall be the sixtieth day before the day of the aforesaid election.

Del. Code tit. 15, § 3190 Polling places; voting machines; election officers.

The Department of Elections: (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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c031/sc01/index.htmlFetched: 10/4/2026

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