HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 136

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3402, Title 15 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

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

(c) A person shall declare himself or herself a write-in candidate for an office by paying a filing fee of $1,000.00 for a federal office or $100.00 for a statewide of local office and filing a Write-in Candidate Declaration with the State Election Commissioner for a statewide office or to the Department of Elections for the county in which the election is to be held for General Assembly, county or City of Wilmington offices no later than 4:30 p.m. on September 1 30 in the year of a general election. If September 1 30 is a Saturday, Sunday or holiday, the declaration shall be filed no later than 4:30 p.m. on the next day that is not a Saturday, Sunday or holiday. If the boundary of a General Assembly office includes more than 1 county, the person shall file that person's Write-in Candidate Declaration with the Department of Elections for the county in which that person is a registered voter.

(j) Any filing fees paid pursuant to subsection (c) shall be deposited into the General Fund.

SYNOPSIS

This bill imposes a filing fee on write-in candidates of $1,000.00 for federal office and $100.00 for statewide or local office and changes the deadline for write-in candidates to file their declaration and filing fee from September 30 to September 1.