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Delaware Statutes § 3183 Nomination; withdrawal

⤴ Up to Subchapter V: Presidential Primary Election

Statute Text

Effective Until 12/31/2024

(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 one 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, or in the event one or more filed candidate(s) who have not withdrawn prior to the deadline set forth in subsection (a) subsequently withdraw or publicly announce they are suspending or ending their respective candidacies or campaigns no later than 14 days prior to the primary election, leaving one candidate as the sole active filed candidate, 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.

History

Amended by Laws 2023 , ch. 252 , s 1 , eff. 3/19/2024 , exp. 12/31/2024 .

68 Del. Laws, c. 365, §1; 70 Del. Laws, c. 186 , § 1 ; 70 Del. Laws, c. 245 , §§ 4 - 8 ; 70 Del. Laws, c. 294 , §§ 1 , 2 ; 74 Del. Laws, c. 74, § 2; 75 Del. Laws, c. 232 , §§ 35 , 36 ; 78 Del. Laws, c. 154 , §§ 1 - 3 .;

Effective Starting 12/31/2024

(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 one 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.

History

Amended by Laws 2023 , ch. 252 , s 1 , eff. 3/19/2024 , exp. 12/31/2024 .

68 Del. Laws, c. 365, §1; 70 Del. Laws, c. 186 , § 1 ; 70 Del. Laws, c. 245 , §§ 4 - 8 ; 70 Del. Laws, c. 294 , §§ 1 , 2 ; 74 Del. Laws, c. 74, § 2; 75 Del. Laws, c. 232 , §§ 35 , 36 ; 78 Del. Laws, c. 154 , §§ 1 - 3 .;

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Prior Versions of This Statute