US Laws, Codes, Statutes & Cases

§ 7101. Vacancies in General Assembly; writs of election.

Whenever there is a vacancy in either house of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, within 30 days of the creation of the vacancy a writ of election shall be issued by the presiding officer of the house in which the vacancy exists, directed to the department of the county in which such vacancy exists or, in case of necessity, in such other manner as shall be provided by law. Whenever there is such vacancy in either house and the General Assembly is not in session, the Governor may issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either house in case of vacancy. (Code 1852, § 379; Code 1915, § 1816; Code 1935, § 1905; 15 Del. C. 1953, § 7101; 57 Del. Laws, c. 181, § 77.)

§ 7102. Vacancy in Senate.

If a writ of election to fill a vacancy in the Senate is issued after an adjournment, without day, of the General Assembly and not less than 10 days before the holding of the general election, the writ shall be executed at the time of holding the next general election; the election to fill the vacancy pursuant to the writ being held by the same persons and in all respects as the general election, unless a session of the General Assembly, shall, in the meantime, be convened by the Governor. (Code 1852, § 380; Code 1915, § 1817; Code 1935, § 1906; 15 Del. C. 1953, § 7102.)

§ 7103. Vacancy in House.

If a vacancy happens in the House of Representatives after an adjournment, without day, of the General Assembly, no writ of election shall be issued under § 7101 of this title, unless the Governor shall also issue a writ for convening the General Assembly. (Code 1852, § 381; Code 1915, § 1818; Code 1935, § 1907; 15 Del. C. 1953, § 7103.)

§ 7104. Day for holding special election.

The department shall set the day for holding a special election for the General Assembly, but such day shall not be more than 11 or less than 10 days next after the day of receiving the writ, exclusive of that day, in case such writ be issued to fill a vacancy occurring or existing while the General Assembly is in session or within 20 days prior to the convening of the General Assembly in regular or special session. If the vacancy occurs or exists 20 days or upwards prior to a general or special session of the General Assembly, the day appointed for holding a special election pursuant to such a writ shall be not more than 40 nor less than 30 days next after the day of receiving the writ, and so as to permit the holding of the special registrations of voters provided by law in case of a special election, subject, however, to § 7102 of this title, in cases falling within that section. Nothwithstanding the above, should a vacancy occur that would require a special election to be held after June 30th of the year of a general election and the General Assembly is in session, the election to fill the vacancy pursuant to the writ shall be at the time of the next general election unless sooner set by the presiding officer of the house in which the vacancy exists and in all respects shall by conducted in the same manner as the general election. In the event the presiding officer of the house determines a special election shall be held sooner than the date of general election then this section shall be followed. (Code 1852, § 382; Code 1915, § 1819; Code 1935, § 1908; 45 Del. Laws, c. 154, § 18; 15 Del. C. 1953, § 7104; 51 Del. Laws, c. 99, §§ 1, 2; 71 Del. Laws, c. 491, § 1.)

§ 7105. Notice to the public.

The department shall, on the next day after receiving a writ of election, unless the same shall be Sunday and then on the Monday next following, put up on the outside of the courthouse door of its county and also in at least 5 of the most public places of each election district of the senatorial or representative district or districts of the county, included in the writ of election, a proclamation reciting the writ and appointing a day for holding a special election and the officer or officers to be chosen. (Code 1852, §§ 382-384; Code 1915, §§ 1819, 1821; Code 1935, §§ 1908, 1910; 45 Del. Laws, c. 154, §§ 18, 20; 15 Del. C. 1953, § 7105.)

§ 7106. Notice to election officers and department.

(a)(1) The department, upon receiving a writ of election, shall notify each inspector, judge of election and clerk of election of each election district within such representative or senatorial district in which such election is to be held.

(2) If any inspector, judge or clerk of election of any election district within such senatorial or representative district shall be dead, removed, unable to serve or shall refuse to serve, the notice shall be delivered to the person or persons appointed to fill such vacancy or vacancies.

(b) [Repealed.] (Code 1852, §§ 383, 384; Code 1915, § 1821; Code 1935, § 1910; 45 Del. Laws, c. 154, § 20; 15 Del. C. 1953, § 7106; 49 Del. Laws, c. 4, § 5; 58 Del. Laws, c. 148, § 141; 61 Del. Laws, c. 480, § 21.)

§ 7107. Election officers and challengers for special election.

The inspectors who served in the election districts at the next preceding election or the persons so appointed or supplied to fill vacancies among such inspectors shall be the presiding officers for the special election. The judges of election, clerks and challengers who served in the election districts within the senatorial or representative district in which the special election is to be held, at the next preceding election, shall serve in such election districts in their several capacities for such special election. (Code 1852, §§ 385, 386; Code 1915, § 1822; Code 1935, § 1911; 15 Del. C. 1953, § 7107.)

§ 7108. Vacancies among election officers or challengers.

In case any inspector, judge or clerk of election or challenger of any election district, within the senatorial or representative district in which any special election is to be held to fill any vacancy in the Senate or House of Representatives, who served at the next preceding general election, shall be dead, removed, unable to serve or shall refuse to serve an inspector, judge or clerk of election or challenger shall be appointed or supplied to fill such vacancy, in the same manner as prescribed in the case of the general election. (Code 1852, §§ 327, 385, 386; 13 Del. Laws, c. 122, § 1; 17 Del. Laws, c. 29, § 1; 20 Del. Laws, c. 394, § 2; Code 1915, §§ 1820, 1822; Code 1935, §§ 1909-1911; 45 Del. Laws, c. 154, §§ 19, 20; 15 Del. C. 1953, § 7108.)

§ 7109. General election laws applicable.

Every special election in a representative or senatorial district shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner, at the same places and subject to the same laws, so far as the same may be applicable, as are prescribed for the general election; provided, however, that the department shall not be required to publish in a newspaper 10 days before the election the nominations made in anywise for such special election. (Code 1852, § 387; Code 1915, § 1823; Code 1935, § 1912; 45 Del. Laws, c. 154, § 21; 15 Del. C. 1953, § 7109.)

§ 7110. Board of canvass.

The Superior Court of any county, in which the special election shall be held, as constituted under article V, § 6 of the State Constitution, shall, at 12:00 on the second day after such special election, convene and perform its duties, prescribed by such section, with reference to such special election, at the same place, with the same powers and in the same manner as for a general election. (Code 1852, § 388; Code 1915, § 1824; Code 1935, § 1913; 15 Del. C. 1953, § 7110.)

§ 7111. Term of office of one elected to fill vacancy.

The person chosen to fill a vacancy in the General Assembly shall hold office for the residue of the term. (Code 1852, § 379; Code 1915, § 1816; Code 1935, § 1905; 15 Del. C. 1953, § 7111.)

§ 7112. Costs of special election.

All necessary costs and expenses incurred in carrying into effect the proclamation of the Governor or of the presiding officer of the house in which the vacancy exists, relative to special elections, unless otherwise provided by the laws of this State, including the compensation of election officers, shall be paid by the State Treasurer from any moneys in the State Treasury not otherwise appropriated, upon proper warrants and vouchers submitted to the Governor and approved by the Auditor of Accounts. (27 Del. Laws, c. 65, § 24; Code 1915, § 1815; 38 Del. Laws, c. 88, § 1; Code 1935, § 1904; 15 Del. C. 1953, § 7112.)