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Delaware Statutes § 2049 Change of party designation; procedure

⤴ Up to Subchapter VI: Transfer of Registration; Change of Name; Change of Party Affiliation

Statute Text

(a) Any duly registered voter may apply to change that registered voter's political affiliation by completing and submitting a voter registration application to the Department except in the year of a general election during the period from the last Saturday in May through the day of the primary election. The application shall be upon a form provided by the Commissioner and shall be signed by the registrant and returned by mail or delivered to the [office of the Department.] Department. An appropriately addressed envelope shall be supplied by the Department for return of the executed application. Upon receipt of the executed application, the Department shall cause the signature to be compared with the original registration record of such applicant, and if such signature appears to be the same, such change of affiliation shall be made [on the original and duplicate] in the voter registration records and the applicant shall be immediately [notified by mail of the change so made.] notified. If the Department is not satisfied as to the signature on the application, the applicant shall be notified by mail to appear at any office of the Department to answer under oath such questions as may be deemed necessary. [If the applicant fails to appear as notified, no such change of affiliation shall be made. If the application is made to the registration officers, they shall forward the completed application to the Department at the same time as they forward other registration records at the close of registration, and the Department shall cause appropriate notations thereof to be made upon the applicant's registration record in the applicable County Master File and the applicant's record in the Election System data base.]
(b) Applications received that change a person's political party affiliation during a period in which a person may not change that person's own political party affiliation in accordance with provisions of this title shall be held by [the department of elections receiving the application] Department and processed when the period to change a person's political party affiliation reopens.
(c) Notwithstanding subsection (a) of this section a person may change his or her party affiliation in the year of a general election during the period from the last Saturday in May through September 1 if:
(1) The statewide and county chair of a political party provide a written affidavit to the [department of elections] Department stating that such person has asked or agreed to be a candidate for office of that political party and the statewide and county chair of a political party want the person to be a candidate for office representing the political party; and
(2) The person provides an affidavit to the [department of elections] Department stating that such person is changing political parties to be a candidate for office of the political party providing the affidavit described in paragraph (c)(1) of this section and a withdrawal form for any other candidacies..

History

Amended by Laws 2019 , ch. 170 , s 2 , eff. 7/30/2019 .

Amended by Laws 2013 , ch. 275 , s 41 , eff. 7/1/2015 .

Amended by Laws 2013 , ch. 232 , s 2 , eff. 5/28/2014 .

15 Del. C. 1953, § 1751; 50 Del. Laws, c. 169, § 42; 52 Del. Laws, c. 59; 55 Del. Laws, c. 78, § 4; 57 Del. Laws, c. 181, § 38; 57 Del. Laws, c. 567, § 16; 58 Del. Laws, c. 148, § 32; 58 Del. Laws, c. 215, § 41; 61 Del. Laws, c. 418, § 6; 67 Del. Laws, c. 354, §15; 69 Del. Laws, c. 191, §3; 70 Del. Laws, c. 186 , § 1 ; 70 Del. Laws, c. 245 , § 15 ; 72 Del. Laws, c. 275 , § 6 ; 73 Del. Laws, c. 251, § 1; 74 Del. Laws, c. 411, § 19; 75 Del. Laws, c. 232 , §§ 28 , 29 ; 78 Del. Laws, c. 36 , § 3; 78 Del. Laws, c. 154 , § 6 .;

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