Sections
Subchapter I General Provisions 3101 – 3113
Subchapter II Books, Ballots, Supplies and Polling Places 3121 – 3127
Subchapter III Election Officers 3141 – 3143
Subchapter IV Procedure at Polling Places 3161 – 3174
Subchapter V Presidential Primary Election 3181 – 3190

Terms Used In Delaware Code > Title 15 > Chapter 31

  • Action: shall include nonaction or the failure to take action. See Delaware Code Title 16 Sec. 6810
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized agencies: shall mean :

    a. See Delaware Code Title 16 Sec. 6810

  • Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. See Delaware Code Title 15 Sec. 101
  • Board: shall mean the Enhanced 911 Emergency Reporting System Service Board. See Delaware Code Title 16 Sec. 10102
  • 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
  • Bridge: means the Delaware Memorial Bridge over the Delaware River and all approaches thereto and approach highways and all other buildings or structures connected with the Bridge and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any highways connecting the Bridge with a state road. See Delaware Code Title 16 Sec. 6645
  • Business telephone service: shall mean network access telephone service where the use of such service is primarily for business purposes. See Delaware Code Title 16 Sec. 10102
  • Clerk: means clerk of election. See Delaware Code Title 15 Sec. 101
  • Commissioner: means the State Election Commissioner. See Delaware Code Title 15 Sec. 101
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • cost of construction: means the cost of construction, the cost of all lands, properties, rights, easements, franchises, ferries and ferry equipment acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the construction and for 1 year after such Bridge is opened for public use, cost of traffic estimates and of engineering data, engineering and legal expense, cost of plans, specifications, surveys, estimates of costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, insurance or bond premiums and such other expenses as may be necessary or incidental to the financing of the Bridge, as defined in this section, the construction thereof, the placing of the same in operation and the condemnation of property necessary for such construction and operation and any obligation or expense incurred by or on behalf of the Department or by any corporation, board or authority for traffic surveys, borings, preparation of plans and specifications and other engineering services which may be utilized by the Department in the construction of the Bridge or incurred for legal expenses in connection with the authorization of the construction or financing of the Bridge shall be regarded as a part of the cost of such Bridge. See Delaware Code Title 16 Sec. 6645
  • County committee: means the regularly organized and constituted county committee or governing authority of a political party. See Delaware Code Title 15 Sec. 101
  • Crossing: shall include a bridge or bridges over the Delaware River or a tube or tubes under said River and all approaches thereto and approach highways and all other buildings or structures connected with any such bridge or tube and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any elevated or depressed highways connecting any such bridge or tube with a state road. See Delaware Code Title 16 Sec. 9908
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delaware byway: is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources. See Delaware Code Title 17 Sec. 101
  • Department: means the Department of Transportation or if the Department is abolished, any board, commission or officer succeeding to the principal functions thereof or to whom the powers given by this chapter to the Department shall be given by law. See Delaware Code Title 16 Sec. 6645
  • Department: means the Department of Transportation established under this title, or if said Department shall be abolished, any board, commission or officer succeeding to the principal functions thereof, or to whom the powers given by this chapter to said Department shall be given by law. See Delaware Code Title 16 Sec. 9908
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 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
  • Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
  • Devise: To gift property by will.
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
  • Division: is a s defined in § 902 of this title. See Delaware Code Title 15 Sec. 3106
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Donee: The recipient of a gift.
  • Election officers: means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4701 of this title. See Delaware Code Title 15 Sec. 101
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Express highway: means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that this property abuts on such highway, and it shall have only such public entrances or exits as shall be designated by the Department and may be with or without service roads in the discretion of the Department. See Delaware Code Title 17 Sec. 101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: shall mean the 911 Emergency Reporting System Fund created by this chapter. See Delaware Code Title 16 Sec. 10102
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government unit: means the United States, State, county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing. See Delaware Code Title 15 Sec. 3111
  • Health-care provider: is a s defined in § 714 of this title. See Delaware Code Title 15 Sec. 3106
  • highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
  • Hospital: means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of 4 or more nonrelated individuals suffering from illness, disease, injury or deformity or a place devoted primarily to providing for not less than 24 hours in any week of obstetrical or other medical or nursing care for 2 or more nonrelated individuals but does not include sanatoriums, rest homes, nursing homes or boarding homes. See Delaware Code Title 15 Sec. 3111
  • Immune: shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter where actual malice on the part of the insurance company or authorized agency against the insured is not present. See Delaware Code Title 16 Sec. 6810
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Infant with prenatal substance exposure: means a child not more than 1 year of age who is born with and identified as being affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder. See Delaware Code Title 15 Sec. 3106
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means inspector of elections. See Delaware Code Title 15 Sec. 101
  • insurance company: includes the Insurance Placement Facility of Delaware (FAIR Plan). See Delaware Code Title 16 Sec. 6810
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal information system: is a s defined in § 902 of this title. See Delaware Code Title 15 Sec. 3106
  • Investigation Coordinator: is a s defined in § 902 of this title. See Delaware Code Title 15 Sec. 3106
  • Judge: means judge of elections. See Delaware Code Title 15 Sec. 101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Maternal depression: means a wide range of emotional and psychological reactions that a woman may experience during pregnancy or after childbirth, as the range of reactions is defined in the Diagnostic and Statistical Manual of Mental Disorders. See Delaware Code Title 15 Sec. 3101
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • nonprofit sports program: means any program (whether or not it is registered with or recognized by the State or any political subdivision of the State):

    a. See Delaware Code Title 16 Sec. 6835

  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Owner: includes all persons having any title or interest in any property, rights, easements or franchises authorized to be acquired by this chapter. See Delaware Code Title 16 Sec. 6645
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means person, firm, association or corporation. See Delaware Code Title 15 Sec. 3111
  • Plan: means a written or electronic plan to ensure the safety and well-being of an infant with prenatal substance exposure following the release from the care of a health-care provider by addressing the health and substance use treatment needs of the infant and affected family or caregiver, and monitoring these plans to ensure appropriate referrals are made and services are delivered to the infant and affected family or caregiver. See Delaware Code Title 15 Sec. 3106
  • 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: includes the Bridge and all additions thereto and improvements thereof, the construction of which is authorized under this chapter. See Delaware Code Title 16 Sec. 6645
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registration record: means a voter's registration record maintained in the State's Election Management System, the list or file of registered voters sent to each election district for use by election officers on the day of the election, and until determined obsolete, it also applies to a voter's record maintained in the county master file. See Delaware Code Title 15 Sec. 101
  • Relevant: shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. See Delaware Code Title 16 Sec. 6810
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residential telephone service: shall mean network access telephone service where the use of such service is primarily for social or domestic purposes. See Delaware Code Title 16 Sec. 10102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means the Secretary of Transportation. See Delaware Code Title 17 Sec. 101
  • Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 16 Sec. 10102
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 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
  • sponsor: means any person or entity which provides financial support to a civic organization through contributions, gifts or payment of dues. See Delaware Code Title 16 Sec. 6840
  • 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
  • State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance abuse: means the chronic, habitual, regular, or recurrent use of alcohol, inhalants, or controlled substances as identified in Chapter 47 of this title. See Delaware Code Title 15 Sec. 3106
  • Summons: Another word for subpoena used by the criminal justice system.
  • System: shall mean a 911-Enhanced Emergency Reporting System. See Delaware Code Title 16 Sec. 10102
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Wholesale services: shall mean services that a provider furnishes to another provider, rather than to end-use customers. See Delaware Code Title 16 Sec. 10102
  • Withdrawal symptoms: means a group of behavioral and physiological features in the infant that follow the abrupt discontinuation of a drug that has the capability of producing physical dependence. See Delaware Code Title 15 Sec. 3106
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307