Delaware Statutes § 7550 General

(a) Subchapters IV and V of this chapter shall not apply to elections for the City of Wilmington, referenda, or annexation elections.

(b) Provisions of municipal charters or ordinances inconsistent with the provisions of subchapters IV and V of this chapter shall be considered repealed.

(c) Municipalities shall conduct all elections for local office using voting machines that the Department of Elections shall provide.

(d) Where a deadline in subchapters IV and V of this chapter is a Saturday, Sunday or a holiday in the municipality, the deadline shall be the next day that is not a Saturday, Sunday or holiday in the municipality.

(e) Deadlines shall be no earlier than 4:30 p.m., local time.

(f) Municipalities shall not adopt any ordinance that is contrary to any of the provisions of subchapters IV and V of this chapter.

(g) Section 4972 of this title applies to subchapters IV and V of this chapter.

(h) The date and time of municipal elections, the offices up for election, and the terms of those offices shall be as provided in the municipality's charter and/or ordinance, provided that, upon the request or concurrence of the municipality's board of elections, the State Election Commissioner may, unless otherwise provided in the municipality's charter and/or ordinance, cancel any municipal election the conduct of which is rendered impracticable due to severe inclement weather, acts of God or similar emergencies outside of the municipality's control. Upon such cancellation, the municipality shall reschedule the election in accordance with § 7553 of this title and the term of any existing officeholder shall continue until the results of the rescheduled election are certified pursuant to § 7558 of this title.

(i) Municipalities shall enact ordinances to implement optional provisions of subchapters IV and V of this chapter at least 60 days prior to the date of the first election to which those provisions shall apply.

(j) The State Election Commissioner, in collaboration with the Departments of [Elections,] Elections county offices, shall promulgate the documents, [forms] forms, and envelopes required by subchapters IV and V of this chapter.

(k) A municipality shall contract with the Department [of Elections] office in the county where the municipality is located to conduct an election to elect members of the municipality's government at least 60 days prior to the date of the election.

(l) A voter may ask a person or persons of that voter's choice, who is not that voter's employer or an agent of that voter's employer or union, to assist that voter in voting.

(m) The term Department of Elections as used in subchapters IV and V of this chapter refers to the State Department of Elections [for the county in which a municipality is located] .

(n) The State Election [Commissioner] Commissioner, in [the] collaboration with the [departments of elections] Department offices, shall establish reasonable fees to cover the costs of services provided to municipalities. The initial schedule of fees [shall] must be established and published no later than December 31, 2010. The schedule [shall] must be reviewed, modified as [necessary] necessary, and published anew no later than December 31 in every odd-numbered year.

(o) Except as expressly stated otherwise, the term Board of Elections as used in subchapters IV and V of this chapter refers to the applicable municipal board of elections.