There shall be a Department of Elections for New Castle County, Kent County and Sussex County.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 1; 22 Del. Laws, c. 70, § 5; Code 1915, § 1658; Code 1935, §§ 1745, 1745A; 42 Del. Laws, c. 115, §§ 1, 2; 45 Del. Laws, c. 148, § 1; 45 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 102; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 61 Del. Laws, c. 418, § 1.;
§ 202. Board of Elections for New Castle County; composition; appointment; term.
(a) The Board of Elections for New Castle County shall consist of 10 members and 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.
(b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall 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 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. Seven of the members
to be appointed must reside in a different senatorial district in rural New Castle County and 3 of the members to be appointed
must reside in a separate senatorial district of the City of Wilmington. 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. 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 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, §§ 1, 2; 22 Del. Laws, c. 70, §§ 1, 3; Code 1915, §§ 1658, 1659; 40 Del. Laws, c. 141, § 1; Code 1935, §§ 1745, 1745A, 1746; 42 Del. Laws, c. 115, §§ 1-3; 45 Del. Laws, c. 147, § 1; 15 Del. C. 1953, § 103; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 1; 57 Del. Laws, c. 181, § 2; 58 Del. Laws, c. 148, §§ 3, 4; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 203. Boards of Elections for Kent and Sussex Counties; composition; appointment; term.
(a) The Board of Elections for Kent County and the Board of Elections for Sussex County shall each consist of 6 members appointed
as provided in this section. Each of the 2 principal political parties shall at all times be represented by not fewer than
3 members of each board.
(b) In carrying out this section, the Governor shall initially appoint for the Board of Elections of Kent County 2 members
for a term of 2 years each and 2 members for a term of 4 years each, and for the Board of Elections of Sussex County, 3 members
for a term of 2 years each and 3 members for a term of 4 years each.
(c) Upon the expiration of the term of any member from either board such member's successor shall be appointed by the Governor
for a term 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 that a vacancy occurs in either 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 members to be appointed by the Governor under subsections (c) and (d) 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. Each senatorial district in Kent and Sussex Counties must be represented by
1 member and no senatorial district may be represented by more than 2 members. Such lists shall be submitted to the Governor
within 30 days of June 25, 1969, and within 30 days of the expiration or vacancy of any term herein when such expiration or
vacancy leaves fewer than 3 members of the principal political party. 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.
(e) All members 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.
45 Del. Laws, c. 148, §§ 1, 2, 4, 5; 45 Del. Laws, c. 149, §§ 1, 2, 4, 5; 15 Del. C. 1953, § 104; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 2; 57 Del. Laws, c. 181, § 3; 58 Del. Laws, c. 148, § 5; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 204. Qualifications of members of all boards.
No person shall be appointed as a member of any board of elections who is not a citizen of the United States and a resident
of the county for which that person is appointed and who has not resided therein for 1 year next preceding that person's appointment.
No member of any 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 105; 50 Del. Laws, c. 82, § 1; 55 Del. Laws, c. 280; 57 Del. Laws, c. 181, § 4; 58 Del. Laws, c. 148, § 6; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 205. Confirmation or rejection of appointments.
The Senate shall either confirm or reject any appointment under § 202 or 203 of this title within 10 legislative days of its
receipt or said appointment is deemed confirmed.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 2; 45 Del. Laws, c. 149, § 2; 15 Del. C. 1953, § 106; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 52 Del. Laws, c. 130, § 3; 54 Del. Laws, c. 163, § 1; 57 Del. Laws, c. 181, § 5; 61 Del. Laws, c. 418, § 1.;
§ 206. Oath.
Each member of each 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 140, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 107; 58 Del. Laws, c. 148, § 7; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 207. Compensation of members.
The compensation of board members shall be as provided in the Budget Act.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 108; 50 Del. Laws, c. 357, § 4; 50 Del. Laws, c. 429, § 6; 50 Del. Laws, c. 546, § 1; 50 Del. Laws, c. 549, § 1; 54 Del. Laws, c. 364, § 1; 58 Del. Laws, c. 148, § 8; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 3.;
§ 208. Organization meeting; officers.
(a) The board of elections for each county 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 respective 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 of elections for a county 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 109; 50 Del. Laws, c. 545, § 4; 50 Del. Laws, c. 557, § 1; 57 Del. Laws, c. 181, § 6; 58 Del. Laws, c. 148, § 9; 61 Del. Laws, c. 418, § 1; 72 Del. Laws, c. 275, § 9; 77 Del. Laws, c. 227, § 4.;
§ 209. Necessary votes for transaction of business.
(a) The affirmative vote of 6 members shall be required for the transaction of any business for the Board of Elections for
New Castle County.
(b) The affirmative vote of 4 members shall be required for the transaction of any business for the Board of Elections for
Kent and Sussex Counties respectively.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 110; 57 Del. Laws, c. 181, § 7; 58 Del. Laws, c. 148, § 10; 61 Del. Laws, c. 418, § 1.;
§ 210. Rules.
Each board may make rules for its government not inconsistent with the Constitution or any law of this State and subject to
the approval of the State Election Commissioner.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 111; 57 Del. Laws, c. 181, § 8; 58 Del. Laws, c. 148, § 11; 61 Del. Laws, c. 418, § 1.;
(a) The board of elections of each county shall appoint:
(1) An 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 director who shall be nominated and elected by the members of the board of elections 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 director, § 209 of this title shall not be applicable.
(b) The director shall assist the department of elections of the director's county in carrying out its duties and responsibilities
and, subject to the policies and directives of the board, shall have general supervision over the employees of the department
and shall see to it that the work of the department is performed in a proper and nonpartisan manner.
(c) The deputy director shall assist the director.
(d) The director and the deputy director of each department of elections shall be citizens of the United States and qualified
electors of the county employing them.
(e) The salary of the director and deputy director shall be as provided in the Budget Act.
(f) The director and deputy director, 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 112; 50 Del. Laws, c. 630, § 1; 57 Del. Laws, c. 181, § 9; 58 Del. Laws, c. 148, §§ 12-14; 58 Del. Laws, c. 571; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, §§ 1, 5, 6.;
§ 212. Office; equipment and supplies.
Each department shall occupy a suitable and convenient office in the courthouse or public building of the county, or elsewhere
in the county seat, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out
its duties.
21 Del. Laws, c. 40, § 5; Code 1915, § 1660; Code 1935, § 1747; 42 Del. Laws, c. 115, § 4; 45 Del. Laws, c. 147, § 2; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 113; 61 Del. Laws, c. 418, § 1; 61 Del. Laws, c. 480, § 2.;
§ 213. Employees; duties and compensation.
(a) Each department may hire such employees as it may deem necessary for the performance by the department of its duties.
(b) The duties of such employees shall be prescribed and the compensation fixed by the Director of the Office of Management
and Budget.
(c) The employees of each department shall be placed under the state merit system but subject to all provisions of this title.
21 Del. Laws, c. 40, § 3; Code 1915, § 1664; 40 Del. Laws, c. 141, § 3; Code 1935, § 1751; 45 Del. Laws, c. 147, § 4; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 114; 57 Del. Laws, c. 181, § 10; 61 Del. Laws, c. 418, § 1; 75 Del. Laws, c. 88, § 20(3); 77 Del. Laws, c. 227, §§ 7, 8.;
§ 214. Maps.
Repealed by 77 Del. Laws, c. 227, effective Feb. 1, 2010, § 9.
§ 215. Expenses and compensation.
All expenses of each department, including the compensation of the members and employees shall be paid by the State.
21 Del. Laws, c. 40, §§ 3, 5, 6; Code 1915, §§ 1659, 1660, 1664; 40 Del. Laws, c. 141, §§ 1, 3; Code 1935, §§ 1746, 1747, 1751; 42 Del. Laws, c. 115, §§ 3, 4; 45 Del. Laws, c. 147, §§ 1, 2, 4; 45 Del. Laws, c. 148, §§ 5, 7, 10; 45 Del. Laws, c. 149, §§ 5, 7, 10; 15 Del. C. 1953, § 116; 51 Del. Laws, c. 149, § 8; 61 Del. Laws, c. 418, § 1; 77 Del. Laws, c. 227, § 10.;
§ 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.
Code 1935, § 1755; 45 Del. Laws, c. 147, § 8; 45 Del. Laws, c. 148, § 33; 45 Del. Laws, c. 149, § 33; 15 Del. C. 1953, § 117; 57 Del. Laws, c. 181, § 11; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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).
15 Del. C. 1953, § 118; 50 Del. Laws, c. 82, § 2; 57 Del. Laws, c. 181, § 12; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 126, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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.
15 Del. C. 1953, § 119; 52 Del. Laws, c. 221, § 2; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 11.;
§ 219. Political activity limited; penalty.
(a) No person, member, director or deputy 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.
15 Del. C. 1953, § 120; 57 Del. Laws, c. 181, § 13; 58 Del. Laws, c. 215, § 1; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
There shall be a Department of Elections for New Castle County, Kent County and Sussex County.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 1; 22 Del. Laws, c. 70, § 5; Code 1915, § 1658; Code 1935, §§ 1745, 1745A; 42 Del. Laws, c. 115, §§ 1, 2; 45 Del. Laws, c. 148, § 1; 45 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 102; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 61 Del. Laws, c. 418, § 1.;
§ 202. Board of Elections for New Castle County; composition; appointment; term.
(a) The Board of Elections for New Castle County shall consist of 10 members and 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.
(b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall 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 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. Seven of the members
to be appointed must reside in a different senatorial district in rural New Castle County and 3 of the members to be appointed
must reside in a separate senatorial district of the City of Wilmington. 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. 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 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, §§ 1, 2; 22 Del. Laws, c. 70, §§ 1, 3; Code 1915, §§ 1658, 1659; 40 Del. Laws, c. 141, § 1; Code 1935, §§ 1745, 1745A, 1746; 42 Del. Laws, c. 115, §§ 1-3; 45 Del. Laws, c. 147, § 1; 15 Del. C. 1953, § 103; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 1; 57 Del. Laws, c. 181, § 2; 58 Del. Laws, c. 148, §§ 3, 4; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 203. Boards of Elections for Kent and Sussex Counties; composition; appointment; term.
(a) The Board of Elections for Kent County and the Board of Elections for Sussex County shall each consist of 6 members appointed
as provided in this section. Each of the 2 principal political parties shall at all times be represented by not fewer than
3 members of each board.
(b) In carrying out this section, the Governor shall initially appoint for the Board of Elections of Kent County 2 members
for a term of 2 years each and 2 members for a term of 4 years each, and for the Board of Elections of Sussex County, 3 members
for a term of 2 years each and 3 members for a term of 4 years each.
(c) Upon the expiration of the term of any member from either board such member's successor shall be appointed by the Governor
for a term 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 that a vacancy occurs in either 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 members to be appointed by the Governor under subsections (c) and (d) 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. Each senatorial district in Kent and Sussex Counties must be represented by
1 member and no senatorial district may be represented by more than 2 members. Such lists shall be submitted to the Governor
within 30 days of June 25, 1969, and within 30 days of the expiration or vacancy of any term herein when such expiration or
vacancy leaves fewer than 3 members of the principal political party. 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.
(e) All members 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.
45 Del. Laws, c. 148, §§ 1, 2, 4, 5; 45 Del. Laws, c. 149, §§ 1, 2, 4, 5; 15 Del. C. 1953, § 104; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 2; 57 Del. Laws, c. 181, § 3; 58 Del. Laws, c. 148, § 5; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 204. Qualifications of members of all boards.
No person shall be appointed as a member of any board of elections who is not a citizen of the United States and a resident
of the county for which that person is appointed and who has not resided therein for 1 year next preceding that person's appointment.
No member of any 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 105; 50 Del. Laws, c. 82, § 1; 55 Del. Laws, c. 280; 57 Del. Laws, c. 181, § 4; 58 Del. Laws, c. 148, § 6; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 205. Confirmation or rejection of appointments.
The Senate shall either confirm or reject any appointment under § 202 or 203 of this title within 10 legislative days of its
receipt or said appointment is deemed confirmed.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 2; 45 Del. Laws, c. 149, § 2; 15 Del. C. 1953, § 106; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 52 Del. Laws, c. 130, § 3; 54 Del. Laws, c. 163, § 1; 57 Del. Laws, c. 181, § 5; 61 Del. Laws, c. 418, § 1.;
§ 206. Oath.
Each member of each 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 140, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 107; 58 Del. Laws, c. 148, § 7; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 207. Compensation of members.
The compensation of board members shall be as provided in the Budget Act.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 108; 50 Del. Laws, c. 357, § 4; 50 Del. Laws, c. 429, § 6; 50 Del. Laws, c. 546, § 1; 50 Del. Laws, c. 549, § 1; 54 Del. Laws, c. 364, § 1; 58 Del. Laws, c. 148, § 8; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 3.;
§ 208. Organization meeting; officers.
(a) The board of elections for each county 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 respective 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 of elections for a county 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 109; 50 Del. Laws, c. 545, § 4; 50 Del. Laws, c. 557, § 1; 57 Del. Laws, c. 181, § 6; 58 Del. Laws, c. 148, § 9; 61 Del. Laws, c. 418, § 1; 72 Del. Laws, c. 275, § 9; 77 Del. Laws, c. 227, § 4.;
§ 209. Necessary votes for transaction of business.
(a) The affirmative vote of 6 members shall be required for the transaction of any business for the Board of Elections for
New Castle County.
(b) The affirmative vote of 4 members shall be required for the transaction of any business for the Board of Elections for
Kent and Sussex Counties respectively.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 110; 57 Del. Laws, c. 181, § 7; 58 Del. Laws, c. 148, § 10; 61 Del. Laws, c. 418, § 1.;
§ 210. Rules.
Each board may make rules for its government not inconsistent with the Constitution or any law of this State and subject to
the approval of the State Election Commissioner.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 111; 57 Del. Laws, c. 181, § 8; 58 Del. Laws, c. 148, § 11; 61 Del. Laws, c. 418, § 1.;
(a) The board of elections of each county shall appoint:
(1) An 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 director who shall be nominated and elected by the members of the board of elections 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 director, § 209 of this title shall not be applicable.
(b) The director shall assist the department of elections of the director's county in carrying out its duties and responsibilities
and, subject to the policies and directives of the board, shall have general supervision over the employees of the department
and shall see to it that the work of the department is performed in a proper and nonpartisan manner.
(c) The deputy director shall assist the director.
(d) The director and the deputy director of each department of elections shall be citizens of the United States and qualified
electors of the county employing them.
(e) The salary of the director and deputy director shall be as provided in the Budget Act.
(f) The director and deputy director, 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 112; 50 Del. Laws, c. 630, § 1; 57 Del. Laws, c. 181, § 9; 58 Del. Laws, c. 148, §§ 12-14; 58 Del. Laws, c. 571; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, §§ 1, 5, 6.;
§ 212. Office; equipment and supplies.
Each department shall occupy a suitable and convenient office in the courthouse or public building of the county, or elsewhere
in the county seat, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out
its duties.
21 Del. Laws, c. 40, § 5; Code 1915, § 1660; Code 1935, § 1747; 42 Del. Laws, c. 115, § 4; 45 Del. Laws, c. 147, § 2; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 113; 61 Del. Laws, c. 418, § 1; 61 Del. Laws, c. 480, § 2.;
§ 213. Employees; duties and compensation.
(a) Each department may hire such employees as it may deem necessary for the performance by the department of its duties.
(b) The duties of such employees shall be prescribed and the compensation fixed by the Director of the Office of Management
and Budget.
(c) The employees of each department shall be placed under the state merit system but subject to all provisions of this title.
21 Del. Laws, c. 40, § 3; Code 1915, § 1664; 40 Del. Laws, c. 141, § 3; Code 1935, § 1751; 45 Del. Laws, c. 147, § 4; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 114; 57 Del. Laws, c. 181, § 10; 61 Del. Laws, c. 418, § 1; 75 Del. Laws, c. 88, § 20(3); 77 Del. Laws, c. 227, §§ 7, 8.;
§ 214. Maps.
Repealed by 77 Del. Laws, c. 227, effective Feb. 1, 2010, § 9.
§ 215. Expenses and compensation.
All expenses of each department, including the compensation of the members and employees shall be paid by the State.
21 Del. Laws, c. 40, §§ 3, 5, 6; Code 1915, §§ 1659, 1660, 1664; 40 Del. Laws, c. 141, §§ 1, 3; Code 1935, §§ 1746, 1747, 1751; 42 Del. Laws, c. 115, §§ 3, 4; 45 Del. Laws, c. 147, §§ 1, 2, 4; 45 Del. Laws, c. 148, §§ 5, 7, 10; 45 Del. Laws, c. 149, §§ 5, 7, 10; 15 Del. C. 1953, § 116; 51 Del. Laws, c. 149, § 8; 61 Del. Laws, c. 418, § 1; 77 Del. Laws, c. 227, § 10.;
§ 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.
Code 1935, § 1755; 45 Del. Laws, c. 147, § 8; 45 Del. Laws, c. 148, § 33; 45 Del. Laws, c. 149, § 33; 15 Del. C. 1953, § 117; 57 Del. Laws, c. 181, § 11; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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).
15 Del. C. 1953, § 118; 50 Del. Laws, c. 82, § 2; 57 Del. Laws, c. 181, § 12; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 126, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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.
15 Del. C. 1953, § 119; 52 Del. Laws, c. 221, § 2; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 11.;
§ 219. Political activity limited; penalty.
(a) No person, member, director or deputy 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.
15 Del. C. 1953, § 120; 57 Del. Laws, c. 181, § 13; 58 Del. Laws, c. 215, § 1; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
There shall be a Department of Elections for New Castle County, Kent County and Sussex County.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 1; 22 Del. Laws, c. 70, § 5; Code 1915, § 1658; Code 1935, §§ 1745, 1745A; 42 Del. Laws, c. 115, §§ 1, 2; 45 Del. Laws, c. 148, § 1; 45 Del. Laws, c. 149, § 1; 15 Del. C. 1953, § 102; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 61 Del. Laws, c. 418, § 1.;
§ 202. Board of Elections for New Castle County; composition; appointment; term.
(a) The Board of Elections for New Castle County shall consist of 10 members and 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.
(b) In carrying out this section, the Governor shall appoint 10 members. The Governor shall 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 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. Seven of the members
to be appointed must reside in a different senatorial district in rural New Castle County and 3 of the members to be appointed
must reside in a separate senatorial district of the City of Wilmington. 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. 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 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, §§ 1, 2; 22 Del. Laws, c. 70, §§ 1, 3; Code 1915, §§ 1658, 1659; 40 Del. Laws, c. 141, § 1; Code 1935, §§ 1745, 1745A, 1746; 42 Del. Laws, c. 115, §§ 1-3; 45 Del. Laws, c. 147, § 1; 15 Del. C. 1953, § 103; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 1; 57 Del. Laws, c. 181, § 2; 58 Del. Laws, c. 148, §§ 3, 4; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 203. Boards of Elections for Kent and Sussex Counties; composition; appointment; term.
(a) The Board of Elections for Kent County and the Board of Elections for Sussex County shall each consist of 6 members appointed
as provided in this section. Each of the 2 principal political parties shall at all times be represented by not fewer than
3 members of each board.
(b) In carrying out this section, the Governor shall initially appoint for the Board of Elections of Kent County 2 members
for a term of 2 years each and 2 members for a term of 4 years each, and for the Board of Elections of Sussex County, 3 members
for a term of 2 years each and 3 members for a term of 4 years each.
(c) Upon the expiration of the term of any member from either board such member's successor shall be appointed by the Governor
for a term 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 that a vacancy occurs in either 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 members to be appointed by the Governor under subsections (c) and (d) 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. Each senatorial district in Kent and Sussex Counties must be represented by
1 member and no senatorial district may be represented by more than 2 members. Such lists shall be submitted to the Governor
within 30 days of June 25, 1969, and within 30 days of the expiration or vacancy of any term herein when such expiration or
vacancy leaves fewer than 3 members of the principal political party. 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.
(e) All members 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.
45 Del. Laws, c. 148, §§ 1, 2, 4, 5; 45 Del. Laws, c. 149, §§ 1, 2, 4, 5; 15 Del. C. 1953, § 104; 54 Del. Laws, c. 163, § 1; 55 Del. Laws, c. 334, § 2; 57 Del. Laws, c. 181, § 3; 58 Del. Laws, c. 148, § 5; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 391, § 1.;
§ 204. Qualifications of members of all boards.
No person shall be appointed as a member of any board of elections who is not a citizen of the United States and a resident
of the county for which that person is appointed and who has not resided therein for 1 year next preceding that person's appointment.
No member of any 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 105; 50 Del. Laws, c. 82, § 1; 55 Del. Laws, c. 280; 57 Del. Laws, c. 181, § 4; 58 Del. Laws, c. 148, § 6; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 205. Confirmation or rejection of appointments.
The Senate shall either confirm or reject any appointment under § 202 or 203 of this title within 10 legislative days of its
receipt or said appointment is deemed confirmed.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 2; 45 Del. Laws, c. 149, § 2; 15 Del. C. 1953, § 106; 50 Del. Laws, c. 357, § 1; 50 Del. Laws, c. 429, § 1; 50 Del. Laws, c. 546, § 2; 50 Del. Laws, c. 549, § 2; 52 Del. Laws, c. 130, § 3; 54 Del. Laws, c. 163, § 1; 57 Del. Laws, c. 181, § 5; 61 Del. Laws, c. 418, § 1.;
§ 206. Oath.
Each member of each 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 140, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 107; 58 Del. Laws, c. 148, § 7; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1.;
§ 207. Compensation of members.
The compensation of board members shall be as provided in the Budget Act.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 108; 50 Del. Laws, c. 357, § 4; 50 Del. Laws, c. 429, § 6; 50 Del. Laws, c. 546, § 1; 50 Del. Laws, c. 549, § 1; 54 Del. Laws, c. 364, § 1; 58 Del. Laws, c. 148, § 8; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 3.;
§ 208. Organization meeting; officers.
(a) The board of elections for each county 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 respective 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 of elections for a county 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; 22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 109; 50 Del. Laws, c. 545, § 4; 50 Del. Laws, c. 557, § 1; 57 Del. Laws, c. 181, § 6; 58 Del. Laws, c. 148, § 9; 61 Del. Laws, c. 418, § 1; 72 Del. Laws, c. 275, § 9; 77 Del. Laws, c. 227, § 4.;
§ 209. Necessary votes for transaction of business.
(a) The affirmative vote of 6 members shall be required for the transaction of any business for the Board of Elections for
New Castle County.
(b) The affirmative vote of 4 members shall be required for the transaction of any business for the Board of Elections for
Kent and Sussex Counties respectively.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 110; 57 Del. Laws, c. 181, § 7; 58 Del. Laws, c. 148, § 10; 61 Del. Laws, c. 418, § 1.;
§ 210. Rules.
Each board may make rules for its government not inconsistent with the Constitution or any law of this State and subject to
the approval of the State Election Commissioner.
22 Del. Laws, c. 70, § 6; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 111; 57 Del. Laws, c. 181, § 8; 58 Del. Laws, c. 148, § 11; 61 Del. Laws, c. 418, § 1.;
(a) The board of elections of each county shall appoint:
(1) An 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 director who shall be nominated and elected by the members of the board of elections 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 director, § 209 of this title shall not be applicable.
(b) The director shall assist the department of elections of the director's county in carrying out its duties and responsibilities
and, subject to the policies and directives of the board, shall have general supervision over the employees of the department
and shall see to it that the work of the department is performed in a proper and nonpartisan manner.
(c) The deputy director shall assist the director.
(d) The director and the deputy director of each department of elections shall be citizens of the United States and qualified
electors of the county employing them.
(e) The salary of the director and deputy director shall be as provided in the Budget Act.
(f) The director and deputy director, 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.
19 Del. Laws, c. 39, § 2; 21 Del. Laws, c. 40, § 2; Code 1915, § 1659; 40 Del. Laws, c. 141, § 1; Code 1935, § 1746; 42 Del. Laws, c. 115, § 3; 45 Del. Laws, c. 147, § 1; 45 Del. Laws, c. 148, § 5; 45 Del. Laws, c. 149, § 5; 15 Del. C. 1953, § 112; 50 Del. Laws, c. 630, § 1; 57 Del. Laws, c. 181, § 9; 58 Del. Laws, c. 148, §§ 12-14; 58 Del. Laws, c. 571; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, §§ 1, 5, 6.;
§ 212. Office; equipment and supplies.
Each department shall occupy a suitable and convenient office in the courthouse or public building of the county, or elsewhere
in the county seat, and shall obtain whatever furniture, equipment and supplies that may be necessary to properly carry out
its duties.
21 Del. Laws, c. 40, § 5; Code 1915, § 1660; Code 1935, § 1747; 42 Del. Laws, c. 115, § 4; 45 Del. Laws, c. 147, § 2; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 113; 61 Del. Laws, c. 418, § 1; 61 Del. Laws, c. 480, § 2.;
§ 213. Employees; duties and compensation.
(a) Each department may hire such employees as it may deem necessary for the performance by the department of its duties.
(b) The duties of such employees shall be prescribed and the compensation fixed by the Director of the Office of Management
and Budget.
(c) The employees of each department shall be placed under the state merit system but subject to all provisions of this title.
21 Del. Laws, c. 40, § 3; Code 1915, § 1664; 40 Del. Laws, c. 141, § 3; Code 1935, § 1751; 45 Del. Laws, c. 147, § 4; 45 Del. Laws, c. 148, § 7; 45 Del. Laws, c. 149, § 7; 15 Del. C. 1953, § 114; 57 Del. Laws, c. 181, § 10; 61 Del. Laws, c. 418, § 1; 75 Del. Laws, c. 88, § 20(3); 77 Del. Laws, c. 227, §§ 7, 8.;
§ 214. Maps.
Repealed by 77 Del. Laws, c. 227, effective Feb. 1, 2010, § 9.
§ 215. Expenses and compensation.
All expenses of each department, including the compensation of the members and employees shall be paid by the State.
21 Del. Laws, c. 40, §§ 3, 5, 6; Code 1915, §§ 1659, 1660, 1664; 40 Del. Laws, c. 141, §§ 1, 3; Code 1935, §§ 1746, 1747, 1751; 42 Del. Laws, c. 115, §§ 3, 4; 45 Del. Laws, c. 147, §§ 1, 2, 4; 45 Del. Laws, c. 148, §§ 5, 7, 10; 45 Del. Laws, c. 149, §§ 5, 7, 10; 15 Del. C. 1953, § 116; 51 Del. Laws, c. 149, § 8; 61 Del. Laws, c. 418, § 1; 77 Del. Laws, c. 227, § 10.;
§ 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.
Code 1935, § 1755; 45 Del. Laws, c. 147, § 8; 45 Del. Laws, c. 148, § 33; 45 Del. Laws, c. 149, § 33; 15 Del. C. 1953, § 117; 57 Del. Laws, c. 181, § 11; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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).
15 Del. C. 1953, § 118; 50 Del. Laws, c. 82, § 2; 57 Del. Laws, c. 181, § 12; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 126, § 1; 77 Del. Laws, c. 227, § 1.;
§ 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.
15 Del. C. 1953, § 119; 52 Del. Laws, c. 221, § 2; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 11.;
§ 219. Political activity limited; penalty.
(a) No person, member, director or deputy 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.
15 Del. C. 1953, § 120; 57 Del. Laws, c. 181, § 13; 58 Del. Laws, c. 215, § 1; 61 Del. Laws, c. 418, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 1.;
