(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 office conducting the special election no later than 25 days before 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 office conducting the special election.
(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. The person must file the petition with the Department office conducting the special election no later than 25 days before 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) Any candidate for a vacancy in either house of the General Assembly must request a criminal history background check no earlier than 90 days before the candidate filing deadline and no less than 25 days before the special election from the State Bureau of Identification and provide proof of the request before they can be nominated as a candidate or file a petition as a candidate under subsection (a) and (b) of this section.
(1) A candidate who is nominated under subsection (a) of this section or files a petition under subsection (b) of this section will be considered a provisional candidate for election until the Commissioner has made the determination that the candidate is qualified under paragraph (d)(5) of this section.
(2) The State Bureau of Identification must provide, within 10 days of the State Bureau of Identification’s receipt of the candidate’s request, a report of the candidate’s criminal history record or a statement that the State Bureau of Identification Central Repository contains no information relating to the candidate.
(3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record as defined in Chapter 100 of Title 29.
(4) The criminal history background check must be paid for by the candidate but may be reimbursed to the candidate as an authorized campaign expenditure under this title.
(5) The Commissioner must determine a minimum of 15 days before the special election that a candidate is qualified under § 21 of Article II of the Delaware Constitution before a candidate’s name may be listed on a special election ballot.
(e) 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.
(f) 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.
