CHAPTER 6: ELECTIONS
Article V of the constitution sets out the basic outline for conducting elections in Delaware. Included are the time of general elections, qualifications for voting and resident requirements, instruction to the General Assembly for uniform laws on registration, absentee voting and absentee registration, and sections covering election offenses.
Administration
Elections in Delaware are under the supervision of the State Election Commissioner who is appointed by the Governor and confirmed by the Senate for a term of four years. The Commissioner must prescribe rules and regulations to insure proper and uniform elections and election records throughout the State and is responsible for preparation of lists of registered voters and auditing names of qualified voters.
Each county has a Board of Elections which is responsible for carrying out elections in its own county. The New Castle County Board has ten members and Kent and Sussex each six. Members are appointed by the Governor and confirmed by the Senate for four-year terms with equal representation required for each principal party.
Each Board is responsible for the Department of Elections in its county. It appoints an Administrative Director of the same political party as the State Election Commissioner and a Deputy Administrative Director of the opposite political party. All general, primary, and special elections are their responsibility. Most municipal elections are not. In 1998, School District Elections were added to the responsibilities of the Department of Elections.
General Elections
General Elections in Delaware are held biennially in even numbered years on the first Tuesday after the first Monday in November. These include not only election of President and Vice President, U.S. senators and the State's one U.S. congressman, but all statewide officers, state legislators, county officers and those of the City of Wilmington.
Registration
In order to vote in a general election, a person must register. Those persons registering must meet the following requirements: citizen of the United States, resident in Delaware; 18 years old by day of general elections; and must not be a convicted felon or mentally incompetent. Verification of eligibility and residence are required.
Citizens may register to vote at one of the following locations:
their county Department of Elections;
any motor vehicle office when applying for or changing information on driver’s license;
any Division of Social Services facility when conducting regular business with the agency;
the Division of Training or Vocational rehabilitation office when conducting regular business with the agency;
a mobile registration unit; a voter registration drive being conducted by an approved group;
by mail by requesting a registration form from and returning completed form to the county Department of Elections.
The Departments of Elections are open for registration Monday-Friday, from 8 A.M. to 4:30 P.M., and some evening hours during the final weeks, with the exception of the period between the final registration day (20 days prior to election) and the election day.
The locations of the Departments of Elections are:
Kent County, 455 Court St., Dover 19901 (739-4498)
New Castle County, State Office Bldg., 3rd Floor, 820 N. French St., Wilmington, 19801 (577-3464)
Sussex County, 119 N. Race St., Georgetown, 19947 (856-5367)
Registration is permanent as long as registrant’s permanent place of residence is within this state and registrant has not been disenfranchised. Registered voters who change their name or address need to reregister to avoid delays with possible loss of voting privileges at the resident’s new polling place.
Absentee registration is permitted for members of the armed forces or the merchant marine, or those who are serving in the U.S. government in a foreign country, or those who temporarily reside outside the United States. Spouses or dependents accompanying such persons may also register absentee if they are otherwise qualified to vote. Affidavits should be applied for at least thirty days before the general election and filed not later than ten days before the general election.
Voting Procedure
In a general election polling places are open from 7 A.M. until 8 P.M. Each election district has an inspector, two judges (one from each principal party) and two clerks for each voting machine at the polling place (equal number from each party). The voter states name and address and a clerk makes a notation on the name on the poll list. After it has been determined that the voter is properly registered in the permanent registration records, he/she signs a Voter Signature Card for comparison with the original record. The voter then enters the voting machine, remaining no longer than three minutes. The permanent registration record is marked to show that he/she has voted.
In the event a voter is unable to sign a Voter Signature Card, two election officers may establish identity by other means. Challenges may be made on three grounds: the person wishing to vote is not the same person whose registration record is in the Election District Record; the person is challenged for bribery and does not sign an oath denying such; and the person wishing to vote is not a bona fide resident of the election district where his name appears.
Each political party represented in an election may have a challenger in the polling place to observe the conduct of the election and all election records providing he does not obstruct the election process. These challengers may be changed during the day.
A physically challenged voter may bring one or two other electors to assist in entering the voting room and assist him in using the voting machine in whatever way is necessary. Election officers may use sample ballots, which are posted, in the voting room to inform voters. If a voter needs further instruction after entering the voting machine, two election officers shall jointly give such instructions but shall retire before the voter casts his ballot.
The Electronically Operated Voting Machine
Absentee voting is permitted for those unable to appear at the polling place. A self-sworn affidavit is required of those who are (a) absent in the public service of the U.S. or State of Delaware, (b) absent because of the nature of business or occupation, or (c) temporarily or permanently physically challenged. A notarized affidavit is required of those who are absent because of (a) religious tenets, (b) incarceration, (c) vacation, (d) illness (name and address of physician or Christian Science practitioner must be included). The affidavit must be submitted not more than 90 days before the next election, and not later than 12:00 noon on the day before the election.
Primary Elections
Primary Elections are held in the same manner as General Elections. (See Political Parties). Voters must be registered 21 days prior to a primary election and be registered in the party holding the election.
Source: Title XV of the Delaware Code
Political Parties
Political parties are the bases of power for the entire political and governmental structure, their main purpose being the nomination and election of candidates for office at all levels of government. Democratic and Republican candidates are nominated in direct primary elections which are held the first Saturday following the first Monday in September. In case of no contest, there is no primary and the one person who files is the party's nominee. Party conventions nominate candidates for the National Electoral College, elect party officers, formulate party platforms, and in the case of minor parties, choose candidates to run for office. After candidates have been chosen by each party, party workers then try to persuade voters to vote for their candidate on the basis of each candidate's qualifications on the party’s platform17.
In Delaware the Democratic and Republican parties dominate with 192,600 registered Democrats and 159,150 Republican. In addition, there are 107,813 registered as Declines (Independents) and members of minor parties.
In each party, the smallest political units are the 403 election districts18. Each election district is the area served by the polling place set up by the state Department of Elections for citizens to vote in an election. In the Democratic and Republican parties, each election district elects committee persons who are responsible for organizing political campaigning at this level by seeing that residents in their district are registered, distributing party and candidate literature, conducting telephone and door-to-door campaigns, soliciting financial support for candidates, driving party members to polling places on election day, etc. Any registered party member may be a candidate for committee member in his or her party or vote in the election for this position.
Parties are where the action is and voters who wish to have a piece of that action are urged to contact the party of their choice.
A citizen wishing to be a candidate must notify his party committee at the appropriate level and the State Election Commissioner or County Election Department. The individual party decides whether its candidate should file a fee. Any filing fee is payable to the party but deposited with election officials until the withdrawal deadline is passed. The party in which the candidate files set the amount of the fee but it cannot exceed 1% of the salary of the office the candidate seeks.
Democratic Party
The State Committee of the Democratic Party of Delaware is responsible for supervising the activities of the Party in Delaware. It is organized according to rules adopted by the state convention, which meets every four years in the year following a presidential election. A convention is held prior to a presidential election only for the purpose of selecting delegates to the National Convention. The power of the Party is in its convention delegates who elect officers, approve a party platform and adopt bylaws. Delegates are elected by district committees.
The Chairman, elected by the convention, serves as the spokesperson for the party, works with all Democratic elected officials as an ombudsman and to strengthen the party, recruits candidates and with the Finance Committee leads in fundraising. The Chairman also serves as a member of the Democratic National Committee and the State Associations of Chairs.
The representative district committees are basic units working at the neighborhood level. The three counties and Wilmington City district officers, elected by district conventions, are governed by their own rules as authorized by state party rules and conduct business through their executive committees.
Republican Party
The Republican State committee is the governing body of the Party and can be expanded by Executive Committee action. It meets on the eve of conventions to conduct business and to elect temporary officials for the convention. In presidential election years, it elects a National Committee man and woman.
State convention is held in even-numbered years where delegates endorse statewide candidates and in presidential election years elect Presidential Electors and delegates to the national convention. Organizational conventions are held in odd-numbered years to vote on party rules and elect officials.
In the Republican Party, each of the seven convention districts consists of representative districts, which elect chairpersons. Each district in turn consists of election districts that elect a chairperson, vice chairperson and four committee members. The election districts choose delegates to the state convention. Six of the 12 members at large must be women and at least one of the 12 must be under 25 years of age. State Committee members are chosen by convention in odd numbered years and nominating conventions are held in even numbered years to choose candidates for state and national office.
The State Committee supervises party action but the major responsibility for getting out the vote lies with the election districts.
Chart of Republican Party Organization
Minor Parties
Minor or new parties may place nominees on Delaware's ballot by registering, 21 days before the primary, members of the minor or new party equal to 0.05% of the number of voters registered in Delaware on December 31 of the year previous to an election. The party must then hold a state convention by the fourth Saturday in August to nominate candidates.
Registering members in a new party is difficult because no registered voter may change his/ her party registration between March first and the date of the primary nor during the 20 days prior to the general election. Nevertheless, in 1998, the Libertarian, Natural Law Party, Reform Party and U.S. Taxpayers party appeared on the ballot.
School District Elections
Elections within school districts in Delaware have recently been placed under the supervision of the Department of Election. Provisions for school district elections are in the Delaware Code Title XIV.
There are three kinds of school district elections: (1) for electing members to local board, (2) referenda on school district tax increases, and (3) referenda for bond sales.
With the exception of Vocational Technical School Districts (one in each county) whose boards are appointed by the governor, boards are elected in all school districts. The five-year terms are staggered so that all terms do not end at the same time. The size of boards varies from one school district to another. Board elections are held annually on either the second Tuesday or second Saturday in May. Polls are open at designated school buildings within a district from 12:00 noon until 9:00 P.M. at designated buildings in the school district.
Money referenda authorize school districts to issue bonds for capital expenditures or to increase the local property tax rate for operating expenses. All elections relating to revenue are called and publicized by the local school board. No more than two referenda a year may be held in any one district.
In order to vote in any school election, a person must be a citizen, 18 years old and a resident of the school district. No registration is necessary, but a voter should be prepared to show proof of identity and residence. Voting machines must be used, but there is no provision for write-in votes. Absentee voting is permitted.
Municipal Elections
Of the 57 municipalities in Delaware, which elect representatives to make governmental decisions, only Elsmere and Wilmington hold partisan elections19. Arden residents are governed by town meetings presided over by a moderator.
Municipal elections occur in all months except September, October and December with the greatest number being held in March. Beach areas hold elections in July and August and Wilmington elects officials in the November general election under the procedures and provisions applicable to the general election.
Each town or city sets its own election laws and procedures, and information about those procedures may be obtained from municipal offices. State election law does state, however, that voting machines must be used in all municipal elections in all incorporated cities and towns.
Elbert N Carvel Building—the State’s Office in Wilmington
17 The statement written by the party convention which sets forth party position on governmental issues.
18 60 in Kent County, 293 in New Castle County, and 46 in Sussex County.
19 In partisan elections, candidates run as members of a political party; in non-partisan elections, no party labels or sponsors are used.
