(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall
be conducted on the first Tuesday in February in the calendar year of a presidential election.
(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year
in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of
the political party notifies the State Election Commissioner in writing prior to the close of business on August 1 of the
year preceding any year in which a President of the United States is to be elected that such political party elects not to
be governed by the provisions of this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 1, 2; 74 Del. Laws, c. 74, § 1; 75 Del. Laws, c. 232, § 37.;
§ 3182. Conduct of election.
Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the
laws governing statewide office primaries.
68 Del. Laws, c. 365, § 1.;
§ 3183. Nomination; withdrawal.
(a) Notification of candidacy shall be no later than December 10 in the year preceding the year in which the President of
the United States is elected. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification
shall be the next day that is not a Saturday, Sunday or a legal holiday.
(b) The chairperson of each political party participating in the presidential primary shall, 7 working days after the deadline
set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons
affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible
by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of
the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or
who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such
persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned
list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate's campaign,
that the candidate's name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A
candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a)
of this section, may have that candidate's own name removed from the ballot provided that no later than the close of the business
day following the day on which the above-mentioned list was provided to the State Election Commissioner, the candidate files
an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become
a candidate in any other state's presidential primary and that the candidate is not currently (or is no longer), and does
not intend to become, a candidate for the presidential nomination of the candidate's party.
(c) In the event that only one candidate files for a party's nomination by the filing deadline set forth in subsection (a)
of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate
shall be considered as having received 100% of the vote for that party's presidential primary election automatically upon
the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the
party's nomination, no election shall be held for that party's nomination.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 4-8; 70 Del. Laws, c. 294, §§ 1, 2; 74 Del. Laws, c. 74, § 2; 75 Del. Laws, c. 232, §§ 35, 36.;
§ 3184. Candidates for presidential election.
A candidate shall be eligible for the presidential primary election if:
(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has
become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or
(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered
voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of
this title.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 245, §§ 9, 10.;
§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.
Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected
in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State
Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President
of the United States must provide notification of their candidacy pursuant to this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3186. Delegate and alternate delegate commitments; authorization required; petitions.
Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.
§ 3187. Filing requirements.
A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed
by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political
party affiliation as the candidate, who is authorized by the candidate to act on the candidate's behalf in all election-related
matters. The candidate will be held jointly responsible with the candidate's authorized representative for compliance with
all of the election laws for the State.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 13; 70 Del. Laws, c. 294, § 3.;
§ 3188. Nomination of delegates and alternate delegates; qualifications.
Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.
§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.
The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance
with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential
candidate of the party of the voter's registration as shown by the voter's original permanent registration record. A duly
registered voter may not change that registered voter's political party affiliation during the period from November 1 immediately
preceding the day of the presidential primary election through the day of the presidential primary election.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 14; 75 Del. Laws, c. 232, § 38.;
§ 3190. Polling places; minimum requirement.
The Department of Elections shall have at least 4 polling places open in each representative district for the presidential
primary election.
(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall
be conducted on the first Tuesday in February in the calendar year of a presidential election.
(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year
in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of
the political party notifies the State Election Commissioner in writing prior to the close of business on August 1 of the
year preceding any year in which a President of the United States is to be elected that such political party elects not to
be governed by the provisions of this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 1, 2; 74 Del. Laws, c. 74, § 1; 75 Del. Laws, c. 232, § 37.;
§ 3182. Conduct of election.
Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the
laws governing statewide office primaries.
68 Del. Laws, c. 365, § 1.;
§ 3183. Nomination; withdrawal.
(a) Notification of candidacy shall be no later than December 10 in the year preceding the year in which the President of
the United States is elected. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification
shall be the next day that is not a Saturday, Sunday or a legal holiday.
(b) The chairperson of each political party participating in the presidential primary shall, 7 working days after the deadline
set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons
affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible
by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of
the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or
who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such
persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned
list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate's campaign,
that the candidate's name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A
candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a)
of this section, may have that candidate's own name removed from the ballot provided that no later than the close of the business
day following the day on which the above-mentioned list was provided to the State Election Commissioner, the candidate files
an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become
a candidate in any other state's presidential primary and that the candidate is not currently (or is no longer), and does
not intend to become, a candidate for the presidential nomination of the candidate's party.
(c) In the event that only one candidate files for a party's nomination by the filing deadline set forth in subsection (a)
of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate
shall be considered as having received 100% of the vote for that party's presidential primary election automatically upon
the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the
party's nomination, no election shall be held for that party's nomination.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 4-8; 70 Del. Laws, c. 294, §§ 1, 2; 74 Del. Laws, c. 74, § 2; 75 Del. Laws, c. 232, §§ 35, 36.;
§ 3184. Candidates for presidential election.
A candidate shall be eligible for the presidential primary election if:
(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has
become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or
(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered
voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of
this title.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 245, §§ 9, 10.;
§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.
Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected
in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State
Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President
of the United States must provide notification of their candidacy pursuant to this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3186. Delegate and alternate delegate commitments; authorization required; petitions.
Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.
§ 3187. Filing requirements.
A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed
by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political
party affiliation as the candidate, who is authorized by the candidate to act on the candidate's behalf in all election-related
matters. The candidate will be held jointly responsible with the candidate's authorized representative for compliance with
all of the election laws for the State.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 13; 70 Del. Laws, c. 294, § 3.;
§ 3188. Nomination of delegates and alternate delegates; qualifications.
Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.
§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.
The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance
with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential
candidate of the party of the voter's registration as shown by the voter's original permanent registration record. A duly
registered voter may not change that registered voter's political party affiliation during the period from November 1 immediately
preceding the day of the presidential primary election through the day of the presidential primary election.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 14; 75 Del. Laws, c. 232, § 38.;
§ 3190. Polling places; minimum requirement.
The Department of Elections shall have at least 4 polling places open in each representative district for the presidential
primary election.
(a) Except as provided in subsection (b) of this section, a presidential primary election for major political parties shall
be conducted on the first Tuesday in February in the calendar year of a presidential election.
(b) The requirements of this subchapter shall not require a presidential primary election for a political party in any year
in which such a primary election would otherwise be required under the provisions of this subchapter, if the chairperson of
the political party notifies the State Election Commissioner in writing prior to the close of business on August 1 of the
year preceding any year in which a President of the United States is to be elected that such political party elects not to
be governed by the provisions of this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 1, 2; 74 Del. Laws, c. 74, § 1; 75 Del. Laws, c. 232, § 37.;
§ 3182. Conduct of election.
Except as otherwise provided in this subchapter, the presidential primary election shall be conducted in accordance with the
laws governing statewide office primaries.
68 Del. Laws, c. 365, § 1.;
§ 3183. Nomination; withdrawal.
(a) Notification of candidacy shall be no later than December 10 in the year preceding the year in which the President of
the United States is elected. If the filing deadline is a Saturday, Sunday or legal holiday, the last day to give notification
shall be the next day that is not a Saturday, Sunday or a legal holiday.
(b) The chairperson of each political party participating in the presidential primary shall, 7 working days after the deadline
set in accordance with subsection (a) of this section, provide the State Election Commissioner with a list of all persons
affiliated with such party, not already on the ballot pursuant to subsection (a) of this section, who have become eligible
by the close of business on the preceding day to receive payments from the Presidential Primary Matching Payment Account of
the Internal Revenue Code and who have not previously announced their withdrawal from the national presidential race and/or
who have not announced the suspension of their presidential campaign. The State Election Commissioner shall place all such
persons on the presidential primary ballot for their respective party. Prior to, or concurrently with, the filing of the above-mentioned
list with the State Election Commissioner, each state chairperson shall notify the candidate or the candidate's campaign,
that the candidate's name has been (or will be) provided to the State Election Commissioner pursuant to this subsection. A
candidate placed on the ballot pursuant to this subsection, or a candidate already on the ballot pursuant to subsection (a)
of this section, may have that candidate's own name removed from the ballot provided that no later than the close of the business
day following the day on which the above-mentioned list was provided to the State Election Commissioner, the candidate files
an affidavit with the State Election Commissioner stating that the candidate is not currently and does not intend to become
a candidate in any other state's presidential primary and that the candidate is not currently (or is no longer), and does
not intend to become, a candidate for the presidential nomination of the candidate's party.
(c) In the event that only one candidate files for a party's nomination by the filing deadline set forth in subsection (a)
of this section and no additional candidates are added to the ballot pursuant to subsection (b) of this section, that candidate
shall be considered as having received 100% of the vote for that party's presidential primary election automatically upon
the expiration of the filing deadline and thus declared the winner of that election. In the event no candidate files for the
party's nomination, no election shall be held for that party's nomination.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, §§ 4-8; 70 Del. Laws, c. 294, §§ 1, 2; 74 Del. Laws, c. 74, § 2; 75 Del. Laws, c. 232, §§ 35, 36.;
§ 3184. Candidates for presidential election.
A candidate shall be eligible for the presidential primary election if:
(1) Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has
become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or
(2) Such candidate files a petition with the State Election Commissioner bearing at least 500 valid signatures of registered
voters of this State of the same political party as the candidate at the time of the filing in accordance with § 3183(a) of
this title.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 245, §§ 9, 10.;
§ 3185. Selection of delegates to national conventions; forwarding of rules to State Election Commissioner.
Delegates and alternate delegates to a national convention of a political party shall be apportioned, selected and/or elected
in such manner as the rules of the party may provide. The chair of any political party shall certify and forward to the State
Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for the President
of the United States must provide notification of their candidacy pursuant to this subchapter.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3186. Delegate and alternate delegate commitments; authorization required; petitions.
Repealed by 70 Del. Laws, c. 245, § 11, effective July 18, 1995.
§ 3187. Filing requirements.
A candidate filing in accordance with § 3183(a) of this title for the presidential primary election shall on a form prescribed
by the State Election Commissioner, certify 1 individual, who is registered to vote in the State and of the same political
party affiliation as the candidate, who is authorized by the candidate to act on the candidate's behalf in all election-related
matters. The candidate will be held jointly responsible with the candidate's authorized representative for compliance with
all of the election laws for the State.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 13; 70 Del. Laws, c. 294, § 3.;
§ 3188. Nomination of delegates and alternate delegates; qualifications.
Repealed by 70 Del. Laws, c. 245, § 12, effective July 18, 1995.
§ 3189. Presidential primary election ballots, voting in presidential election; change of party affiliation.
The name of each presidential candidate in the presidential primary shall appear on the primary election ballot in accordance
with § 3124(b) of this title. In any presidential primary election, each voter shall be permitted to vote 1 vote for 1 presidential
candidate of the party of the voter's registration as shown by the voter's original permanent registration record. A duly
registered voter may not change that registered voter's political party affiliation during the period from November 1 immediately
preceding the day of the presidential primary election through the day of the presidential primary election.
68 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 245, § 14; 75 Del. Laws, c. 232, § 38.;
§ 3190. Polling places; minimum requirement.
The Department of Elections shall have at least 4 polling places open in each representative district for the presidential
primary election.
