Del. Code 15, § 4701 : Elections — Election Officers — Appointment Of Election Officers — Appointment; term

  • Date:

Current through 2016 Legislative Session, Act 399

(a) The county executive committee of each of the 2 principal political parties shall submit to the Department no later than February 1 of each general election year a list containing the names of 8 registered voters for each election district in the county. The Department shall appoint all election officers, including clerks, from these lists; provided, however, that if the lists are not filed with the Department by February 1 or if the number of names submitted are not sufficient, the Department shall select, notwithstanding paragraphs (b)(1) and (2) of this section, some qualified person or persons shown on its records to be registered to vote in the election district (or in the absence of such persons, the representative district), provided that no more than a bare majority of such persons are members of the same political party.
(1) The county executive committee of each of the 2 principal political parties may nominate Delaware citizens who are full-time students and who will be at least 16 years of age on or before November 1 in the year of a general election and who will be less than 18 years of age on or before the day of the general election to serve as clerks of election. Such nominations shall be accompanied by an authorization signed by the person's parent or guardian as well as the principal of the school the student attends. The authorization shall be on a form promulgated by the State Election Commissioner. The Department may recruit United States citizens who are full-time students and who will be at least 16 years of age on or before November 1, in the year of a general election and who will be less than 18 years of age on or before the day of the general election to serve as clerks of election. Persons recruited by the Department shall present an authorization, on the form promulgated by the State Election Commissioner, to the Department prior to being appointed. Notwithstanding any law or regulation to the contrary, the Department may appoint no more than 2 persons under the age of 18 as clerks in any Election District where 2 or fewer voting machines are assigned. In Election Districts where 3 or more voting machines are assigned, 1 person under the age of 18 may be appointed as a clerk for each voting machine assigned. Persons nominated by a political party on or before February 1 in the year of a general election shall be given priority over persons recruited by the Department unless such persons demonstrate that they are unable or unwilling to perform election officer duties. The State Election Commissioner, after consultation and coordination with the Department , shall promulgate the nomination form for the purpose of this subsection no later than January 1, 2004.
(2) Notwithstanding any law or regulation to the contrary, the Department may appoint Delaware residents who are registered voters and who are enrolled as at least half-time students in colleges or universities within the respective county as election officers for that county. College or university students recruited by the Department and who will be less than 18 years of age on or before the day of the general election shall present an authorization signed by a faculty member or dean of the school they attend, on the form promulgated by the State Election Commissioner, to the Department prior to being appointed.
(b)
(1) During the month of April in each general election year, the Department shall appoint for each election district in its county 1 inspector; 2 judges of election, 1 from each of the 2 principal political parties; and 2 clerks of election, 1 from each of the 2 principal political parties, provided that where the election district has fewer than 100 voters of a principal political party, the Department may appoint such party's clerk or clerks of election from a different election district within the same representative district. The terms of the inspectors, judges, and clerks of election shall extend from the day of their appointment to April 1 of the next general election year.
(2) Whenever an election district is to be provided more than 1 voting machine, 2 additional clerks, 1 from each principal political party, shall be appointed for each additional voting machine. These additional appointments shall be made in April whenever the number of additional voting machines is known to the department. Subsequent additional appointments shall be made as soon as practicable after the department determines the need for additional voting machines in an election district.
Del. C. § 4701
Amended by Laws 2013, ch. 275,s 72, eff. 7/1/2015.
19 Del. Laws, c. 39, § 3; 20 Del. Laws, c. 393, § 10; 21 Del. Laws, c. 40, § 3; 21 Del. Laws, c. 41, § 1; Code 1915, §§ 1665, 1666, 1717; 37 Del. Laws, c. 119; Code 1935, §§ 1752, 1753, 1806; 42 Del. Laws, c. 115, §§ 6, 7; 43 Del. Laws, c. 128, § 1; 45 Del. Laws, c. 147, §§ 5, 6; 45 Del. Laws, c. 148, § 30; 45 Del. Laws, c. 149, § 30; 45 Del. Laws, c. 151, § 2; 15 Del. C. 1953, § 4701; 49 Del. Laws, c. 4, § 5; 58 Del. Laws, c. 215, § 24; 67 Del. Laws, c. 354, §22; 70 Del. Laws, c. 490, § 1; 74 Del. Laws, c. 89, § 1; 75 Del. Laws, c. 232, § 45; 77 Del. Laws, c. 227, § 2.;
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