Skip to main content

Delaware Statutes § 3106 Filing of candidacy for nomination at a primary election; withdrawal

⤴ Up to Subchapter I: General Provisions

Statute Text

(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 and/or] 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] writing, or the city chair, or the city chair's designee, if applicable for municipal [candidates)] candidates, of their respective political party in their county of residence on forms prescribed by the State Election Commissioner on or before the deadline [set forth in] under § 3101(1) of this title.
b. At the time of giving notice as required [above,] under paragraph (a)(2) of this section, each candidate shall tender the required filing fee, if any, by giving a check to the [Department,] Department office for the county in which the candidate resides, payable to the county committee of the candidate's political [party (or] party, or city committee, if applicable for municipal [candidates),] candidates, together with a copy of the notice given to the party chair. At such time, the Department office shall receipt a [third] copy of the [notice, to be provided] 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 election agency having jurisdiction,] the Department office for the county in which the candidate resides, as specified in paragraphs (a)(1) and (2) of this section, and [shall receive a receipted copy of the prescribed form.] the Department office shall receipt a copy of the notice to the candidate.
(c) Any candidate who has filed for nomination [as required above] under subsection (a) or (b) of this section may withdraw [said] the filing by notifying the [respective elections] [agency with whom that] Department office with which the candidate filed on forms prescribed by the State Election Commissioner on or before the deadline [set forth in] under § 3101(2) of this title. [The elections agency having jurisdiction] 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 of the candidate so withdrawing shall be returned to the candidate.] fee. [In the event] If a candidate withdraws after the deadline [set forth in] under § 3101(2) of this title, [such] the candidate shall forfeit the filing fee to the political party. [In cases where no filing fee was required, any candidate withdrawing after the deadline shall submit to the respective elections agency a check payable to the Treasurer of the State in the amount of $50.]
(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 each [county department of elections] the Department of all those statewide candidates who have qualified under this section. [Each county department of elections] 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 subchapter.
(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 of elections] 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's 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 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 Section 21 of Article II of the Delaware Constitution before the candidate's name may be listed on a ballot in a primary election.

History

Amended by Laws 2023 , ch. 185 , s 4 , eff. 1/1/2024 .

Amended by Laws 2021 , ch. 359 , s 1 , eff. 7/22/2022 .

Amended by Laws 2019 , ch. 170 , s 4 , eff. 7/30/2019 .

Amended by Laws 2013 , ch. 275 , s 53 , eff. 7/1/2015 .

20 Del. Laws, c. 393, § 39; 27 Del. Laws, c. 66, § 1; Code 1915, § 1713; Code 1935, § 1801; 45 Del. Laws, c. 150, § 10; 15 Del. C. 1953, § 3107; 57 Del. Laws, c. 241, § 5; 57 Del. Laws, c. 567, § 18C; 58 Del. Laws, c. 148, § 34; 58 Del. Laws, c. 215, § 18; 58 Del. Laws, c. 258, §§ 3-5; 58 Del. Laws, c. 368, §§ 2, 3; 60 Del. Laws, c. 398, § 2; 60 Del. Laws, c. 712, § 6; 61 Del. Laws, c. 484, § 1; 67 Del. Laws, c. 354, §21; 70 Del. Laws, c. 186 , § 1 ; 74 Del. Laws, c. 305, § 4; 78 Del. Laws, c. 36 , § 1 .;

Explore Related Documents

This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.

Prior Versions of This Statute