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Legislation Document
SPONSOR:
Rep. Gorman & Rep. Morrison & Rep. Michael Smith & Sen. Buckson
Reps. Berry, Romer, Snyder-Hall, Bush, Phillips
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 183
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO SPECIAL ELECTIONS FOR GENERAL ASSEMBLY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 71, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
Chapter 71. Special
Election
Elections
for the General Assembly
§ 7101. Vacancies in General Assembly; writs of election.
Whenever
(a) If
there is a vacancy in either house of the General
Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise,
Assembly for any reason under § 6 of Article II of the Delaware Constitution and § 7102(b)(2) of this title does not apply,
within
10
5
days of the creation of the
vacancy
vacancy, the presiding officer of the house in which the vacancy exists shall issue
a writ of election
shall be issued by the presiding officer of the house in which the vacancy exists, directed
to the Department
or, in case of necessity, in such other manner as shall be provided by law. Whenever there is such
that includes all of the following:
(1) The date of the special primary election.
(2) The date of the special general election.
(3) The deadlines for candidates to file and withdraw.
(b) If the house in which the
vacancy
in either house and the General Assembly is not in session,
exists does not have a presiding officer,
the Governor may issue
a
the
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.
under subsection (a) of this section.
§ 7102.
Day
Dates
for holding special
election.
elections.
(a) Except as provided
for a year with a general election
under
subsection (b)
paragraphs (b)(2), (c)(2), or (c)(3)
of this section,
the officer issuing the writ shall set the day
the dates
for holding
the
special
election for the vacancy in the General Assembly, but such day shall not be
elections are as follows:
(1) The date for the special primary election must be no
less than
30 nor more than
35 days
and no more than 40 days
next
after the
day of issuing
date of
the
writ.
writ under § 7101 of this title.
(2) The date for the special general election must be no less than 35 days and no more than 40 days after the date of the special primary election.
(b)
If a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the officer issuing the writ shall set the time for the election to fill the vacancy at the time of the general election unless the vacancy occurs after September 1 but before the general election and the office for which there is to be a special election is not on the ballot for the aforesaid general election, in which event, the officer issuing the writ shall set the time for the special election no earlier than December 12 nor later than December 20 in the year of the general election.
In a year with a general election under § 1 of Article V of the Delaware Constitution (general election), if the vacancy occurs when the office being filled is on the general election ballot, all of the following apply:
(1) If the date of the special primary election under paragraph (a)(1) of this section is before May 15, the vacancy is filled by special elections scheduled under subsection (a) of this section.
(2) If the date of the special primary election under paragraph (a)(1) of this section would be on or after May 15, the vacancy is filled by the primary and general elections being held that year.
(c)
Notwithstanding subsection (b) of this section, if a vacancy occurs that would require a special election to be held after June 30 but before the date of the general election pursuant to subsection (a) of this section in the year of a general election, the presiding officer of the house in which the vacancy occurs may determine that a special election shall be held sooner than the date of the general election, in which event the requirements of § 7101 of this title and subsection (a) of this section shall be followed.
In a year with a general election, if the office being filled is not on the general election ballot, the dates for special elections under subsection (a) of this section are modified as follows:
(1) If the date of the special primary election under paragraph (a)(1) of this section is before May 15, the vacancy is filled by special elections scheduled under subsection (a) of this section.
(2) If the date of the special primary election under paragraph (a)(1) of this section would be on or after May 15 and on or before the date of the primary election, the vacancy is filled by special elections scheduled as follows:
a. The date of the special primary election is the same as the primary election.
b. The date of the special general election is the same as the general election.
(3) If the date of the special primary election under paragraph (a)(1) of this section would be after the date of the primary election, the vacancy is filled by special elections scheduled as follows:
a. The date for the special primary election must be no less than 35 and no more than 40 days after the date of the general election.
b.
The date for the special general election must be no less than 35 days and no more than 40 days after the date of the special primary election.
§ 7103. Candidates.
(a)
The county committee for each
(1) No later than 5 days after the date of the writ of election under § 7101 of this title, a candidate must notify the Department using the forms required under § 3106(a)(2)a. of this title.
(2) The Department shall provide notice of the candidates who have filed under paragraph (a)(1) of this section to the county committee for each political party in the same manner as notice is provided under § 3106 of this title.
(3)a. If no candidates of a
political party eligible to place candidates on the general election ballot for the most recent past general election
may nominate
have filed under paragraph (a)(1) of this section,
a candidate for the special
general
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.
may be nominated as follows:
1.A. By that political party’s county committee in the county in which the special election will be held.
B.
If the legislative district up for election includes
the
area
of more than 1 county, the
in 2 counties and both counties have a county committee,
the
2
county committees
for each county
shall
jointly
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.
that candidate’s nomination.
2. By that political party’s state committee if the county in which the special election will be held does not have a county committee or if the legislative district includes area in 2 counties and 1 of the counties does not have a county committee.
b. A nomination under paragraph (a)(3)a. of this section must be submitted to the Department no later than 48 hours after the end of the 5 days under paragraph (a)(1) of this section. The nominating certificates must be in writing and, in each case, contain all of the following:
1. The name and residence of the individual nominated.
2. The office for which the individual is nominated.
3. The chair’s own signature and place of residence.
4. The chair’s acknowledgment of the certificate before an officer duly authorized to administer oaths and a certificate of that acknowledgment.
(b)
A person
An individual
wishing to run as an unaffiliated candidate
who is eligible to hold the office up for
in a special general
election must file a petition in support of that
person’s
individual’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
individual
must file the petition with the Department
office conducting the special election
no later than 25 days before the
day
date
of the special
general
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.
[Transferred.]
(d)
Any
A
candidate
for a vacancy in either house of the General Assembly
under this section
must request
a
the
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
required under § 3106(g) of this title and schedule the necessary appointment no later than 24 hours after the filing deadline. A candidate must
provide proof of
the
this
request
and the appointment
before they can
file or
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
is
considered a provisional candidate for election until the Commissioner
has made the determination
determines
that the candidate is qualified under paragraph (d)(5) of this section.
(2)
a.
The State Bureau of Identification must
provide, within 10 days of the State Bureau of Identification’s receipt of the candidate’s request,
provide
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.
b. The State Bureau of Identification must provide the report under paragraph (d)(2)a. of this section as soon as possible and no more than 10 days after the State Bureau of Identification’s receipt of the candidate’s request.
(3) The information received by the Commissioner from the State Bureau of Identification under this section is not a public record
as defined in
under
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)
a.
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.
b. The Commissioner must make the determination under paragraph (d)(5)a. of this section as soon as possible and no less than 25 days before the special election.
(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.
No later than 2 days after the filing deadline, a candidate who has filed under this section may withdraw the filing by notifying the Department using the forms required under § 3106(c)
of this title.
(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.
[Repealed.]
§ 7104. Notices.
The Department shall provide notice of
the
special
election
elections
as follows:
(1)
On
a. Except as provided under paragraph (1)b. of this section, the Department shall publish a proclamation reciting the writ and appointing the dates for holding the special elections on
the next day after receiving a writ of
election,
unless the same shall be a Sunday or state holiday, and then on the next business day following, the Department shall post a proclamation reciting the writ and appointing a day for holding a special election and
the officer or officers to be chosen on the outside of the courthouse door of its county,
the State’s and the department’s web site,
and the state calendar; and
election under § 7101 of this title.
b. If the next day after receiving a writ under paragraph (1)a. of this section is a Sunday or state holiday, the Department shall publish the proclamation on the next business day following
receipt of the writ.
(2) The notice required under paragraph (1) of this section must include the office being filled and must be posted on all of the following:
a.
The state website.
b. The Department’s website
.
c. The state calendar.
(2)
(3)
On the fifth,
third
third,
and last day
prior to the
before a
special
election,
election noticed under paragraph (1) of this section,
the Department shall publish notice of the special election in a newspaper of general circulation that covers the legislative district up for election.
§ 7105. Election officers and polling places.
(a)
The Department, upon receiving a writ of election, shall appoint sufficient election officers to conduct the election and contract with the usual polling places for the legislative district for which the Department is conducting the special election.
(b)
If a polling place is not available, the Department shall combine the election district or districts in that polling place with the election district or districts in a nearby polling place or contract with another location. The Department shall notify voters if their polling place is moved to another building.
§ 7106. General election laws applicable.
(a)
Every
A
special election
in a representative or senatorial district
under this chapter
shall be provided for, opened, held,
conducted
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,
laws
as
prescribed for the general election;
required for an election under Part III and Part IV of this title,
unless otherwise provided
for
in this
chapter or elsewhere in this
title.
(b)
The Department may consolidate election districts within the same building.
The requirements for a candidate in a special election under this chapter are the same as the requirements for a candidate under Part III of this title.
§ 7107. Board of canvass.
The Superior Court of each county in which a special election is
held, as constituted under article V, § 6 of the State Constitution, shall, at 10 a.m. on the second day after such special election,
held shall
convene and perform
its duties, prescribed by such section, with reference to such
the duties required under § 6 of Article V of the Delaware Constitution for the
special election, at the same place, with the same powers and in the same manner as for
a general election.
an election under Part III and Part IV of this title.
§ 7108. Term of office of one elected to fill vacancy.
The person
Under § 6 of Article II of the Delaware Constitution, the individual
elected
in a special general election
to fill a vacancy in the General Assembly shall hold office for the residue of the term.
SYNOPSIS
Like House Bill No. 183, House Substitute No. 1 for House Bill No. 183 (Substitute) provides for special primary elections when there are special elections for vacancies in either house of the General Assembly.
This Substitute differs from HB 183 because there is only 1 writ of election and this writ includes the dates for both the special primary election and the special general election. Under this Substitute, the procedure for special elections to fill a vacancy in the General Assembly is as follows:
• The writ of election (writ) must be issued within 5 days of the creation of the vacancy and must provide the date of the special primary election, the date of the special general election, and the deadlines for candidates to file and withdraw.
• The date of the special primary election must be between 35 and 40 days after the date of the writ and the date of the special general election must be between 35 and 40 days after the date of the special primary election.
• If the special primary election is not necessary, the State Election Commissioner will provide notice in the same manner as when there is no contest for a regular primary election under § 3105 of Title 15.
• Candidates have 5 days to file and must schedule the appointment necessary for a criminal history background check no more than 24 hours after the filing deadline.
Like HB 183, this Substitute shortens the time between some steps in the current process. Under this Substitute, the special general election will only be between 35 and 40 days later than when the special election is held under current law. These time periods accommodate 10 days of early voting before the day of each special election and are feasible with current technology and practices. Early voting and absentee voting requirements and procedures remain the same as for regular elections.
In addition, this Substitute modifies the procedure for special elections during a year with a general election. These modifications are consistent with current law and are necessary to avoid holding a special election that is too close to either the regular primary or general election to be feasible for the Department of Elections or to avoid holding multiple elections for the same office within a few months. Under this Substitute, in a year with a general election, special elections are modified as follows:
• If the vacancy is for an office that is on the general election ballot and the date for the special primary election would otherwise be on or after May 15, special elections are not held and the vacancy is filled by that year’s primary and general elections. May 14 is the last day that there would be time to hold a special general election before the end of the regular legislative session.
• If the vacancy occurs in a year with a general election but the vacancy is for an office that is not on the general election ballot, the dates for special elections are modified as follows:
1. If the date of the special primary election would be on or after May 15 and on or before the date of the primary election, the date of the special primary election is the same as the primary election and the date of the special general election is the same as the general election.
2. If the date of the special primary election would be after the date of the primary election, the date of the special primary election is 35 to 40 days after the general election and the special general election is held 35 to 40 days later.
This Substitute also differs from HB 183 as follows:
• During a year with a general election, May 14 is the last day a special primary election is held before the regular primary if the office being filled is not on the general election ballot. This date is changed from June 30 to be the same as when the office being filled is on the general election ballot.
• Changes the deadline for a candidate's criminal history background check appointment from 48 to 24 hours after the filing deadline.
• Fills a gap in current law by addressing the nomination of a candidate if no candidates of a party have filed for a legislative district that includes area in 2 counties and 1 of those counties does not have a county committee.
• Revises the notice requirements to align with those requirements for regular primary and general elections.
• Adds references to the general election laws applicable to special elections under § 7106 of Title 15.
• Makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.