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§ 3401 § 3402 § 3403 § 3404 § 3405

TITLE 15

Elections

Primary Elections and Nominations of Candidates

CHAPTER 34. WRITE-IN CANDIDATES

§ 3401. Write-in candidates in general.

Except as otherwise provided in this title, if the name of the person for whom a voter desires to vote does not appear on a general or special election ballot, the voter may write in the name of that person.

76 Del. Laws, c. 315, § 1.;

§ 3402. Write-in candidates for a general election.

(a) Superior Court shall only count a write-in vote for a person who has declared himself or herself a write-in candidate for the office for which that person was written-in in accordance with this chapter. Superior Court shall count a write-in vote for a candidate on a general or special election ballot if the write-in vote is for the office for which the person is a candidate.

(b) Superior Court shall account for write-in votes cast for other than declared write-in candidates as "Other Write-in Votes."

(c) A person shall declare himself or herself a write-in candidate for an office by filing a Write-in Candidate Declaration with the Commissioner of Elections for a statewide office or to the Department of Elections for the county in which the election is to be held for General Assembly, county or City of Wilmington offices no later than 4:30 p.m. on September 30 in the year of a general election. If September 30 is a Saturday, Sunday or holiday, the declaration shall be filed no later than 4:30 p.m. on the next day that is not a Saturday, Sunday or holiday. If the boundary of a General Assembly office includes more than 1 county, the person shall file that person's Write-in Candidate Declaration with the Department of Elections for the county in which that person is a registered voter.

(d) The Commissioner of Elections or the Department of Elections for a county shall determine whether a person who has filed a Write-in Candidate Declaration is eligible to be a candidate for the office for which that person has filed the declaration.

(e) A person shall not declare himself or herself a write-in candidate if that person is a candidate on the general election ballot.

(f) A person shall not declare himself or herself a write-in candidate for more than one office. The filing of a declaration for another office prior to the declaration deadline established in this chapter shall make any previous declaration null and void.

(g) Once a person has withdrawn as a candidate or write-in candidate for an office, that person shall not declare himself or herself a write-in candidate for the same office in the same year.

(h) A declared write-in candidate shall comply with the requirements in Chapter 80 of this title.

(i) A declared write-in candidate may withdraw that candidate's candidacy by filing a withdrawal form with the office at which that candidate filed the candidate's Write-in Candidate Declaration no later than 15 days prior to the date of the election.

76 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1.;

§ 3403. Forms.

The Commissioner of Elections in collaboration with the Departments of Elections for the counties shall promulgate the Write-in Candidate Declaration and the withdrawal form.

76 Del. Laws, c. 315, § 1.;

§ 3404. Write-in candidate lists.

Each department of elections shall issue at least 2 copies of the list of declared write-in candidates for each office on a ballot in the county to the election officers at each election district in the county. The election officers shall post 1 copy of the list in a conspicuous location in the polling place.

76 Del. Laws, c. 315, § 1.;

§ 3405. Write-in candidates for a special election.

Section 3402 of this title shall apply for a special election except that a person shall file that person's Write-in Candidate Declaration no later than the eighth day prior to the date of the election and may not withdraw that person's declaration.

76 Del. Laws, c. 315, § 1.;