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Delaware Statutes § 302 General powers and duties of commissioner

⤴ Up to Chapter 3: State Election Commissioner

Statute Text

The Commissioner shall have the following powers and duties:
(1) To furnish, by purchase, lease, or otherwise, such equipment, supplies and services that may be required in order to conduct the Commissioner's own powers and duties prescribed in this title;
(2) To order any department, board, commission or agency of this State to transfer to the Commissioner any equipment or supplies to the Commissioner's custody that are owned by the State and not in use by the department, board, commission or agency concerned, which may be used by the Commissioner in conducting the functions of the Commissioner's office;
(3) To select and maintain in the City of Dover, preferably in a building owned by the State, suitable office space;
(4) To make reasonable rules and regulations with respect to the functions of the Commissioner's office and with respect to the manner of making entries in registration and election records to be followed by [each department] the Department and all registration and election officers;
(5) To have the sole responsibility for the security of the records in the Commissioner's office which shall not be delegated to anyone;
(6) To prescribe the form of the registration and election records which under this title are to be uniform throughout this State so long as they are not in conflict with this title;
(7) To supply necessary instruction and assistance to [each department] the Department and all registration and election officers in order to insure uniform operation of this title throughout the State. In addition, the Commissioner may develop standards and operating procedures for the purpose of having a statewide uniform election system. These standards shall be directed toward ensuring consistency in the redistricting process, the use of technology and the conduct of general, primary special and school elections. The Commissioner shall collaborate with [the departments of elections] the Department in developing [these] additional standards or amending or revising existing standards ;
(8) Such other powers and duties as may be necessary in order for the Commissioner to carry out the Commissioner's own functions under this title;
(9) To be an ex officio member of [each county department of elections] the State Board of Elections ;
(10) To attend each [county department of elections] State Board of Elections meeting at which time the Commissioner may do the following:
a. Participate in any and all discussions; and
b. Cast a vote only in the event of a tie; [and]
(11) To collect unofficial results for each primary, special and general election for each election district used in the said election and to tabulate, report and disseminate the results of the election as soon as possible to the public [.] ;
(12) Subject to the policies and directives of the State Board of Elections, to have general supervision over the county directors, deputy county directors, and other employees of the Department of Elections in carrying out their respective duties and responsibilities;
(13) To establish procedures to allow citizens to report possible violations of this title to the Commissioner, to any county director, or to deputy county director, which shall include procedures for anonymous reporting of possible violations thereto;
(14) To investigate information coming to the attention of the Commissioner that, if true, would constitute a violation of chapter 80 of this title; and
(15) To prepare and publish manuals and guides explaining the duties of individuals covered by this title, including without limitation chapter 80 hereof, and to promulgate instructions and public information materials to facilitate compliance with, and enforcement of this title.
(16) Receive and review the State Bureau of Identification criminal history background checks on candidates for public office.
(17) Determine whether an individual is qualified under Section 21 of Article II of the Delaware Constitution to be a candidate for election to public office.

History

Amended by Laws 2023 , ch. 185 , s 2 , eff. 1/1/2024 .

Amended by Laws 2013 , ch. 275 , s 10 , eff. 7/1/2015 .

15 Del. C. 1953, § 303; 50 Del. Laws, c. 168, § 1; 57 Del. Laws, c. 181, § 16; 57 Del. Laws, c. 384; 57 Del. Laws, c. 567, § 4; 58 Del. Laws, c. 215, § 3; 70 Del. Laws, c. 186 , § 1 ; 73 Del. Laws, c. 306, § 2; 77 Del. Laws, c. 227 , §§ 13 , 14 .;

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Prior Versions of This Statute