Department of Elections

Del. Code tit. 15, ch. 2
in effect

Del. Code tit. 15, § 201 State Department of Elections.

There is hereby established a State Department of Elections, which shall be vested with all of the powers and duties previously vested in the respective departments of elections for New Castle County, Kent County and Sussex County, as well as such other powers and duties as set forth in this title.

Del. Code tit. 15, § 201A Transfers and continuity.

(a) All books, records, papers, and other materials and equipment in the possession of any county department of elections required to be maintained or preserved under existing law, regulation, or policy shall be delivered into the custody of the State Department of Elections by no later than July 1, 2015. For purposes of this section, the term “county department of elections” shall include the board of elections for such county. (b) Any duty, responsibility, action, or other activity (including without limitation any investigation, petition, hearing, or other legal proceeding) pending before or instituted by any county department of elections and not concluded prior to July 1, 2015, shall continue unabated and remain in full force and effect, and, where necessary, may be completed before, by, or in the name of the Department. All orders, rules, and regulations made by any county department of elections that are in effect on July 1, 2015, shall remain in full force and effect until revoked or modified by the Department in accordance with applicable law. All contracts and obligations of any county department of elections that are in force on July 1, 2015, shall remain in full force and effect and unless revoked, modified, or terminated by the Department in accordance with applicable law. (c) Employees of any county department of elections whose functions are consistent with and have been transferred to the Department by this chapter shall continue and be deemed to be the employees of the Department on July 1, 2015, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2015. (d) All definitions and references to any commission, board, department, council or agency which appear in any other act or law, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring and relating to the Department as created and established by this chapter. (e) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

Del. Code tit. 15, § 202 State Board of Elections.

(a) The State Board of Elections shall consist of 11 members, including 2 members from Sussex County; 2 members from Kent County; 2 members from New Castle County; 2 members from the City of Wilmington; 2 at-large members; and the State Election Commissioner, who shall serve as an ex officio member subject to the limitations set forth in § 302 of this title. Each of the 2 principal political parties shall be represented at all times by not fewer than 5 members and at all times both principal political parties shall have equal representation in each county, in the City of Wilmington, and among the at-large members. (b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall initially appoint 5 members, with at least 2 from each of the 2 principal political parties, for a term of 2 years each, and 5 members, with at least 2 from each of the 2 principal political parties, for a term of 4 years each. (c) Upon the expiration of the term of any appointed member of the Board, such member’s successor shall be appointed by the Governor for a period of 4 years; provided, however, that such member shall hold office until that member’s successor shall be duly qualified and provided, further, that the term of such successor shall commence on the date the successor is duly qualified. In the event a vacancy occurs in the Board from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term. (d) The 10 members required to be appointed by the Governor from the 2 principal political parties under subsections (b) and (c) of this section shall be appointed from a list of not fewer than 3 nominees for each member to be appointed, which list shall be submitted by the state chair of the political party from which the appointment must be made. Such lists shall be submitted to the Governor within 30 days of the expiration or vacancy of any term herein when such expiration or vacancy leaves fewer than 5 members of the principal political party. Provided the General Assembly is in session, the Governor shall submit the Governor’s own appointments from the names on the lists within 30 days of the date the Governor receives the lists. If a state chair does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor’s own appointments for any vacancy. (e) All members other than the State Election Commissioner shall be appointed by and with the consent of the majority of the members elected to the Senate. (f) In the event that a vacancy exists on the Board of Elections, the Board of Elections can still meet to canvass any election it shall be prescribed to canvass provided that a quorum of its members are present and § 209 of this title shall be met.

Del. Code tit. 15, § 203 State Board of Elections; powers and duties.

There is hereby established a State Board of Elections, which shall have all of the powers and duties previously vested in the Board of Elections for New Castle County, the Board of Elections for Kent County, and the Board of Elections for Sussex County, as well as such other powers and duties as set forth in this title.

Del. Code tit. 15, § 204 Qualifications of members.

No person shall be appointed as a member of the State Board of Elections who is not a citizen of the United States and a resident of the county for which that person is appointed (or a resident of this State for at-large members) and who has not resided therein for 1 year next preceding that person’s appointment. No member of the Board shall hold or be a candidate for any: (1) Federal, state, county, city or incorporated municipality elective office; (2) Elective office or appointed position of a political party, nor shall a member be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body.

Del. Code tit. 15, § 205 Confirmation or rejection of appointments.

The Senate shall either confirm or reject any appointment under § 202 of this title within 10 legislative days of its receipt or said appointment is deemed confirmed.

Del. Code tit. 15, § 206 Oath.

Each member of the Board, before entering upon that member’s duties and within 10 days from the time of that member’s appointment, shall take and subscribe to the oath or affirmation prescribed by the Constitution and shall record the same in the office of the recorder of the county of the member’s residence.

Del. Code tit. 15, § 207 Compensation of members.

The compensation of Board members shall be as provided in the Budget Act; provided, however, that no Board member shall receive compensation for any Board meeting for which such member was not in attendance. In addition, the State Election Commissioner shall not be entitled to any additional compensation by virtue of his or her service as an ex officio member of the Board.

Del. Code tit. 15, § 208 Organization meeting; officers.

(a) The Board shall establish a schedule of meetings for the following calendar year at a regularly scheduled meeting of the Board held between October 1 and December 31. Once established, the aforesaid schedule shall be subject to change by the Board. (b) The schedule shall include an organizational meeting that shall be held between February 1 and June 30 of each year at which time the members of the Board shall meet and organize by electing 1 member to be president and 1 member to be secretary, whose function other than that of a member shall be to record the minutes of the meetings of the Board. The terms of office for each officer shall be until the organizational meeting held in the following year or until a successor is elected.

Del. Code tit. 15, § 209 Quorum.

A quorum of 6 members shall be required for the transaction of any business by the State Board of Elections. A meeting of the Subcommittee, which is comprised of 6 members of the Board, does not constitute a quorum of the Board under this section.

Del. Code tit. 15, § 210 Rules.

The Board may make rules for its government not inconsistent with the Constitution or any law of this State.

Del. Code tit. 15, § 211 County directors, deputy county directors; powers, duties, qualifications, compensation.

(a) For each county, the State Board of Elections shall appoint: (1) A county director who shall be a member of the same political party as the State Election Commissioner and who shall serve at the pleasure of the Board; (2) A deputy county director who shall be nominated and elected by the members of the Board of the opposite political party of the State Election Commissioner and who shall serve at the pleasure of same. In the nomination and election of a deputy county director, § 209 of this title shall not be applicable. (b) Each county director shall assist the Department of Elections in carrying out its duties and responsibilities in the county for which the county director is appointed and, subject to the policies and directives of the Board, shall see to it that the work of the Department in such county is performed in a proper and nonpartisan manner. (c) Each deputy county director shall assist the county director in the county for which such deputy county director is appointed. (d) Each county director and deputy county director shall be a citizen of the United States and a qualified elector of the county in which he or she serves. (e) The salary of each county director and deputy county director shall be as provided in the Budget Act and shall be uniform for each county. (f) The county director and deputy county director of a county, if in agreement, may authorize a person to vote whose application to register to vote at the Division of Motor Vehicles was never completed as required elsewhere in this title. The person shall follow the procedures set forth by the State Election Commissioner prior to being permitted to vote. (g) Notwithstanding any provision to the contrary herein, those persons who held the positions of director and deputy director, respectively, of each county department of elections immediately prior to July 1, 2015, shall assume automatically the position of county director and deputy county director, respectively, in the county for which he or she was appointed. Each initial county director and initial deputy county director shall be bound by and subject to the provisions of this section, and to this title generally, to the same extent as if he or she was appointed by the Board in accordance with this section.

Del. Code tit. 15, § 212 Office; equipment and supplies.

The Department shall occupy a suitable and convenient office in the courthouse or public building of each county, or elsewhere in the county seat of each county, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out its duties.

Del. Code tit. 15, § 213 Employees; duties and compensation.

(a) The Board may hire such employees as it may deem necessary for the performance by the Department of its duties. (b) The duties of such employees and the duties of any investigator appointed by the State Election Commissioner pursuant to § 302(14) of this title hereof, shall be prescribed by the Board and the compensation fixed by the Secretary of the Department of Human Resources. (c) The employees of the Department shall be placed under the state merit system but subject to all provisions of this title.

Del. Code tit. 15, § 215 Expenses and compensation.

All expenses of each department, including the compensation of the members and employees shall be paid by the State.

Del. Code tit. 15, § 216 Notaries public.

(a) In addition to the notaries public for the respective counties authorized to be appointed by any other law, the Governor shall appoint as notaries public: (1) Three employees of the Department of Elections for New Castle County; and (2) One employee and the Director of the Departments of Elections for Kent and Sussex Counties. (b) Whenever any person so appointed ceases to be employed by or as director of the department, such person’s term as notary public shall terminate and the Governor shall appoint either another employee or such person’s successor as a notary public.

Del. Code tit. 15, § 217 Director and deputy director of departments of elections; limitations.

No director or deputy director of any department of elections shall hold or be a candidate for any: (1) Federal, state, county, city or incorporated municipality elective office; or (2) Elective office or position of a political party nor shall the director or deputy director be an appointed official to any federal, state, county, city or incorporated municipality commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission’s Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002) [42 U.S.C. § 20901 et seq.].

Del. Code tit. 15, § 218 Timing and dating.

It shall be the duty of each department to time and date each application for a ballot or other communication received by the department.

Del. Code tit. 15, § 219 Political activity limited; penalty.

(a) No person, member, county director or deputy county director or employee of the Department shall directly or indirectly use or seek to use his or her authority or official influence to control or modify the political action of another person or at any time actively participate in any political activities or campaigns. (b) Any person who shall violate this section shall be fined not more than $500 and shall forfeit that person’s position or employment.

Del. Code tit. 15, § 220 Reports Appeals Subcommittee of the State Board of Elections.

(a) The Reports Appeals Subcommittee of the State Board of Elections is established to hear and determine appeals of decisions made by the State Election Commissioner under § 8044 of this title. (b) The Subcommittee consists of 6 members of the State Board of Elections. (1) The Board shall vote annually to select Subcommittee members. (2) Subcommittee members serve at the pleasure of the Board. (3) The Board Chair shall annually select 2 of the 6 Subcommittee members to serve as Subcommittee Chair and Co-Chair. a. The Subcommittee Chair shall represent 1 of the 2 principal political parties and the Subcommittee Co-Chair shall represent the other of the 2 principal parties. b. The principal political party represented by the Subcommittee Chair and Co-Chair shall rotate annually. (4) Each of the 2 principal political parties shall have equal representation on the Subcommittee. (5) If an absence or vacancy on the Subcommittee results in 1 principal political party having greater representation than the other at a meeting, a member of the other principal political party may not vote until there is no longer an absence or vacancy. The Board Chair shall select which Subcommittee member may not vote under this subsection. (c) Each Subcommittee member must receive a $100 stipend for each Subcommittee meeting, but a member may not receive more than $500 in any calendar year. (d) A majority of the members serving on the Subcommittee constitutes a quorum to conduct official Subcommittee business. If a member may not vote under paragraph (b)(5) of this section, a majority of the members who may vote constitutes a quorum. (e) If a vote by the Subcommittee on a matter unrelated to an appeal, such as the approval of meeting minutes or the election of the new Chair, results in a tie, the Chair may vote a second time to break the tie. If a vote by the Subcommittee related to an appeal results in a tie, the determination shall go in the favor of the person who filed the appeal. (f) The Subcommittee shall conduct appeals hearings as established in section § 8044 of this title. (g) The Department shall provide administrative staff and resources to the Subcommittee.

Del. Code tit. 15, § 221 Selection of polling facilities.

(a) The Department shall ensure that all polling places for any election conducted in this State have adequate and accessible parking spaces, that all polling places for any election conducted in this State are accessible to persons with disabilities, and that the accessibility features of such places are available to voters for any election, in compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), except as specified in subsection (b) of this section. (b) Subsection (a) of this section does not apply to polling places under the following circumstances: (1) In the case of a natural disaster or other emergency that renders a polling site unsafe or unusable, as determined by the Commissioner. (2) If the Commissioner does both of the following: a. Determines that all potential polling places in the polling area involved have been surveyed and no accessible place is available, nor is the Department of Elections able to make 1 temporarily accessible. b. Ensures that any voter with a disability assigned to an inaccessible polling place, upon advance request of such voter, will be assigned to an accessible polling place or will be provided with an alternative means for casting a ballot on the day of the election. (c) Any person with information that the Department has not complied with subsection (a) or (b) of this section may file an administrative complaint with the Department.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c002/index.htmlFetched: 10/4/2026