2017 Delaware Code
Title 15 - Elections
CHAPTER 71. SPECIAL ELECTION FOR GENERAL ASSEMBLY
§ 7103. Candidates.
(a) The county committee for each political party eligible to place candidates on the general election ballot for the most recent past general election may nominate a candidate for the special election by submitting a nomination to the Department no later than 25 days prior to the date of the special election. If the legislative district up for election includes the area of more than 1 county, the county committees for each county shall agree on 1 candidate and the committee for the county where the candidate resides shall submit the nomination to the Department.
(b) A person wishing to run as an unaffiliated candidate who is eligible to hold the office up for election must file a petition in support of that person's own candidacy containing the signatures of at least 1% of all voters who are registered in the legislative district as of the first day of the month preceding the month during which the vacancy was created. Such person must file the petition with the Department no later than 25 days prior to the day of the special election.
(c) If a party eligible to place candidates on the ballot does not have a county committee in the county in which the special election is to be held, the party's state committee may make the nomination.
(d) Nominating certificates shall be in writing and, in each case, shall contain the name of each person nominated, the person's residence and the office for which the person is nominated. The chairperson for the party making such certificates shall add thereto the chairperson's own signature and place of residence and shall acknowledge such certificate before an officer duly authorized to administer oaths, and a certificate of such acknowledgment shall be fixed to the instrument.
(e) Notwithstanding any other subsection of this section, nominations or petitions for a special election to be held on the date of the general election under the provisions of § 7102(b) of this title shall be filed no later than September 1 or 5 days following the vacancy, whichever is later, if the office is on the general election ballot, or on the date set by the Department if the election is to be held in December following the general election.
77 Del. Laws, c. 389, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 275, § 97.;
