(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 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 the city chair, or the city chair’s designee, if applicable for municipal 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 § 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 Department, payable to the county committee of the candidate’s political party (or city committee, if applicable for municipal candidates), together with a copy of the notice given to the party chair. At such time, the Department shall receipt a third copy of the notice, to be provided the candidate.

Terms Used In Delaware Code Title 15 Sec. 3106

  • Commissioner: means the State Election Commissioner. See Delaware Code Title 15 Sec. 101
  • County committee: means the regularly organized and constituted county committee or governing authority of a political party. 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Primary election: means an election at which voters registered as members of a major political party may vote to determine the nominees of that political party for the general election. See Delaware Code Title 15 Sec. 101
  • Signature: means both a written signature conforming to § 302(23) of Title 1 and a digital or electronic signature that is an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document as specified by the State Election Commissioner. See Delaware Code Title 15 Sec. 101
  • 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 6 Sec. 4307
  • State chair: means the highest executive officer of a political party of this State. See Delaware Code Title 15 Sec. 101
  • State committee: means the regularly organized and constituted statewide governing authority of a political party in this State. See Delaware Code Title 15 Sec. 101

(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, as specified in paragraphs (a)(1) and (2) of this section, and shall receive a receipted copy of the prescribed form.

(c) Any candidate who has filed for nomination as required above may withdraw said filing by notifying the respective elections agency with whom that candidate filed on forms prescribed by the State Election Commissioner on or before the deadline set forth in § 3101(2) of this title. The elections agency having jurisdiction shall promptly notify the same political party chair who received the original notice of filing. The filing fee of the candidate so withdrawing shall be returned to the candidate. In the event a candidate withdraws after the deadline set forth in § 3101(2) of this title, such 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 the Department of all those statewide candidates who have qualified under this section. 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.

(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.

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; 79 Del. Laws, c. 275, § 53.;