Delaware Code Title 15 Sec. 220 – Reports Appeals Subcommittee of the State Board of Elections
(a) The Reports Appeals Subcommittee of the State Board of Elections is established to hear and determine appeals of decisions made by the State Election Commissioner under § 8044 of this title.
Terms Used In Delaware Code Title 15 Sec. 220
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title. See Delaware Code Title 15 Sec. 101
- Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- political party: means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. See Delaware Code Title 15 Sec. 101
- Quorum: The number of legislators that must be present to do business.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Subcommittee: means the Reports Appeals Subcommittee of the State Board of Elections. See Delaware Code Title 15 Sec. 101
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The Subcommittee consists of 6 members of the State Board of Elections.
(1) The Board shall vote annually to select Subcommittee members.
(2) Subcommittee members serve at the pleasure of the Board.
(3) The Board Chair shall annually select 2 of the 6 Subcommittee members to serve as Subcommittee Chair and Co-Chair.
a. The Subcommittee Chair shall represent 1 of the 2 principal political parties and the Subcommittee Co-Chair shall represent the other of the 2 principal parties.
b. The principal political party represented by the Subcommittee Chair and Co-Chair shall rotate annually.
(4) Each of the 2 principal political parties shall have equal representation on the Subcommittee.
(5) If an absence or vacancy on the Subcommittee results in 1 principal political party having greater representation than the other at a meeting, a member of the other principal political party may not vote until there is no longer an absence or vacancy. The Board Chair shall select which Subcommittee member may not vote under this subsection.
(c) Each Subcommittee member must receive a $100 stipend for each Subcommittee meeting, but a member may not receive more than $500 in any calendar year.
(d) A majority of the members serving on the Subcommittee constitutes a quorum to conduct official Subcommittee business. If a member may not vote under paragraph (b)(5) of this section, a majority of the members who may vote constitutes a quorum.
(e) If a vote by the Subcommittee on a matter unrelated to an appeal, such as the approval of meeting minutes or the election of the new Chair, results in a tie, the Chair may vote a second time to break the tie. If a vote by the Subcommittee related to an appeal results in a tie, the determination shall go in the favor of the person who filed the appeal.
(f) The Subcommittee shall conduct appeals hearings as established in section § 8044 of this title.
(g) The Department shall provide administrative staff and resources to the Subcommittee.