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CANDIDATE SERVICES |
GETTING ON THE BALLOT
Delaware law provides specific requirements and actions for political parties and candidates to gain access to the ballot. Anyone considering candidacy should carefully review Title 15 of Delaware Code. §3001 pertains to political parties and §3002 to unaffiliated candidate ballot qualifications.
| CANDIDATE QUALIFICATIONS | ||||
| OFFICE | AGE | STATE RESIDENCY | JURISDICTION RESIDENCY | CITE |
| State Senator | 27 | 3 years | 1 year | Art. II, §3 State Constitution |
| State Representative | 24 | 3 years | 1 year | Art. II, §3 State Constitution |
| County Executive | 27 | - | 5 years | 9 Del. C. §1112 |
| President of County Council | 24 | - | - | 9 Del. C. §1142, §1145 |
| County Council | 24 | - | - | 9 Del. C. §1142 |
| Clerk of the Peace | - | - | 1 year | Art. III, §11 State Constitution |
| Recorder of Deeds | - | - | 1 year | Art. III, §11 State Constitution |
| Register of Wills | - | - | 1 year | Art. III, §11 State Constitution |
| Sheriff | - | - | 1 year | Art. III, §11 State Constitution |
| Mayor (Wilmington) | 30 | - | 2 years | Sec. 3-300 Wilmington Charter |
| City Treasurer (Wilmington) | - | - | 2 years | Sec. 2-103 Wilmington Charter |
| President of City Council (Wilmington) | 25 | - | 1 year | Sec. 2-103 Wilmington Charter |
| City Council (Wilmington) | 25 | - | 1 year | Sec. 2-103 Wilmington Charter |
Qualified individuals wishing to run for elective office are required to file a Candidate Filing Form. Candidates for Federal and Statewide offices file their candidacy with the Office of the Commissioner of Elections in Dover. Candidates for the Delaware General Assembly, County and certain municipal elections file with the Department of Elections for their county. The deadline for candidates to file for office is 12 Noon on the last Friday in July of the year of the General Election.
A candidate wishing to file for office as a Democrat or Republican must file a Candidate Filing Form along with a check in the amount of filing fee made payable to the appropriate party's county committee to the Department of Elections for New Castle County. Statewide candidates file with the Commissioner of Elections.
Candidates that are unaffiliated with any party do not submit a filing fee but must submit petitions that have been signed by a percentage of the eligible voters in the district. Delaware law determines the number of signatures required and the Department of Elections validates all signatures before the filing is accepted. DE Code, Title 15, §3002.
Candidates affiliated with a minor party must be nominated by their their party and complete a Candidate Filing Form.
FILING FEES
Candidates of the Democratic and Republican Parties must pay a Filing Fee that is set by the appropriate committees - State Committee for statewide offices, County Committee for legislative and county offices, and the committee with responsibility for the City of Wilmington for City of Wilmington offices. Filing Fees must be set no later than July 1 in the year of a General Election.
| 2008 FILING FEES | ||
| OFFICE | DEMOCRATIC PARTY | REPUBLICAN PARTY |
| State Senate | $1,590 | $1,590 |
| State Representative | $ 795 | $ 795 |
| Clerk of the Peace | $ 3,130 | $ 3,130 |
| County Executive | $ 4,985 | $ 4,985 |
| President of County Council | $ 1,675 | $ 1,675 |
| County Council | $ 1,520 | $ 1,520 |
| Mayor | $ 4,284 | |
| City Treasurer | $ 4,193 | |
| President of City Council | $ 1,260 | |
| City Council | $ 996 | |
CAMPAIGN FINANCE
Candidates must comply with Delaware's Campaign Finance law (DE CODE, Title 15, Chapter 80). Each candidate should contact the Office of the Commissioner of Election before accepting contributions to obtain the necessary information and forms. The Commissioner of Elections WEB Site contains information and forms about campaign finance and reporting requirements.
Contact the Office of the Commissioner of Elections at 302.739.4277 for information about Campaign Finance.
Campaign Finance reports submitted by candidate committees can be viewed on the Commissioner's Web Site.
HATCH ACT
"The Hatch Act restricts the political activity of executive branch employees of the federal government, District of Columbia government and some state and local employees who work in connection with federally funded programs." (U. S. OSC WEB Site)
"The Hatch Act [also] applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. Employees who work for educational or research institutions or agencies which are supported in whole or in part by a State or political subdivision of the State are not covered by the provisions of the Hatch Act." (U. S. OSC WEB Site)
The Hatch Act is enforced by the U. S. Office of Special Counsel. The Department of Elections for New Castle County cannot determine whether or not a person's situation is or is not a violation of the Hatch Act. A person with a question regarding their circumstances may request an advisory opinion from the U. S. Office of Special Counsel. A person should report suspected violations of the Hatch Act directly to the U. S. Office of Special Counsel. Additional information regarding the Hatch Act is on the U. S. Office of Special Counsel's WEB Site.
Additional Hatch Act information: Federal Employees and State and Local Employees.
VOTER LISTS AND REGISTRATION COUNTS
The Department of Elections for New Castle County will provide filed candidates with paper lists of registered voters in the district for which they are running. The information provided varies by the list type. Available information includes: name, address, telephone number, political party affiliation and voting history. There is a charge for lists for individuals who have not filed to be a candidate. This information is also available electronically. Contact the Commissioner of Elections at 302.739.4277 about this service.
Registration Counts as of the first of the month and for previous months beginning September 1, 2005 are available on this site.
WHAT TO EXPECT ON ELECTION DAY
Election Officers arrive at the Polling Place at about 6 a.m. in order to set up the Polling Place so that it is ready for voters at 7 a.m. An authorized representative of a Political Party, in the General Election, and of a Candidate, in a Primary Election, may observe this process but may not impede the work of the Election Officers.
Delaware Code, Title 15, prohibits electioneering within 50 feet of any entrance used by voters. The Department expects all candidates and their supporters to honor the 50-foot limit. The Department will report violations of this rule to the Department of Justice.
Persons wearing any clothing, button, badge, etc. that mentions any candidate, party, or issue are not permitted in the Polling Place. Election Officers will tell anyone in a Polling Place wearing or displaying any such items to leave and come back after they have corrected the problem.
No one except for people waiting to vote, people voting, Election Officers, Board of Elections members, Department of Elections personnel identified by a badge and/or credentials, the Commissioner of Elections and his staff identified by badge and/or credentials, and authorized Challengers are permitted in any Polling Place. Candidates, except when they are voting, are not permitted in any Polling Place. No member of the media is entitled to accompany a Candidate into the voting room. Party officials and elected officials are not permitted in the Polling Place for any reason except to vote unless they are an authorized challenger. Election Day is not the time to thank poll workers for their service!
After the polls close, our Election Officers complete paperwork and close down the voting machines. Once the machines are closed, the cartridges containing results are delivered to a specified location where they are read and the results transmitted over a secure network to Dover. An Election Officer will read the results from each voting machine at the Polling Place, and tape a copy of the results from each voting machine to the outside door of the Polling Place.
The Board of Elections for New Castle County certifies the results of a Primary Election at a meeting beginning at 7 p.m. on the Thursday following the election. The meeting will be held in the Department's Board Room, Carvel State Office Building, 820 N French St, 4th Floor, Wilmington. Candidates may present objections or disputes to the Department of Elections for New Castle County prior to the convening of the Board's meeting or at the meeting.
Superior Court sitting as the Board of Canvass certifies the results of the General Election on the Thursday following the General Election. The Board of Canvass convenes at 10 a.m. in the New Castle County Courthouse, 500 N King St in Wilmington.
The Board of Elections for New Castle County certifies the results of the City of Wilmington elections at a meeting beginning at 7 p.m. on the Tuesday following the election. The meeting will be held in the Department's Board Room, Carvel State Office Building, 820 N French St, 4th Floor, Wilmington. Candidates may present any objection or dispute to the Department of Elections for New Castle County prior to the convening of the Board's meeting or at the meeting.
CHALLENGERS
For a Primary Election, each Candidate on the ballot may designate individuals in writing to serve as Challengers. For a General Election, the political parties, not candidates, designate individuals in writing to serve as Challengers.
The Department of Elections for New Castle County provides authorization slips for the candidate, or political parties, to distribute to their volunteers. A Challenger must give the Inspector his/her Challenger Authorization slip and wear the badge that is given to him/her while in the Polling Place.
Challengers are not permitted to use cellular telephones while in the Polling Place. If Challengers have cellular telephones with them, they should put them on vibrate mode. If they need to make or take a call, they should leave the voting area. These same rules apply to voters and our Election Officers.
Challengers may observe but not assist in the preparation of the voting machines and Polling Place. They may observe the conduct of the election and may challenge a voter for identity, address or bribery.
Challengers may not interfere with the election process by asking Election Officers to repeat or spell a voter's name or by prolonging any challenges or inquiries. Challengers may observe the closing of the voting machine and Polling Place.
POLITICAL SIGNS
Many of the buildings used as Polling Places are private property. Candidates should have the permission of the property owner to put signs on private property. More importantly, candidates are responsible to remove signs and any trash immediately after the polls have closed. Property owners may remove and throw away signs left on their property.
There are rules pertaining to the placement of political signs. Please heed the rules since candidates and/or political parties will be fined if they do not comply with the rules. DELDOT has published a poster the shows where signs should not be put along Delaware roads and highways.
