Delaware General Assembly

Lieu/Substituted 6/10/14

The General Assembly has ended, the current status is the final status.

HS 1 for HB 302

4/10/14

Jaques

Sen. Henry

Reps. Baumbach, Longhurst, Schwartzkopf, M. Smith, Viola, Walker
Sen. Blevins, McBride, Townsend

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

This bill establishes a more efficient structure for the administration of Delaware’s campaign finance laws, establishes a mechanism for citizens to report possible violations, and gives the State Election Commissioner the resources necessary to investigate potential violations. First, as recommended by the Title 15 Task Force established by Senate Concurrent Resolution No. 20, this bill would improve efficiency by consolidating the 3 existing county Boards of Election into a single State Board of Elections. The State Board would be comprised of 11 members, with 2 members from each county, 2 members from the City of Wilmington, and 2 at-large members. As is the case with the existing county Boards, members (other than the State Election Commissioner) would be appointed by the Governor and confirmed by the Senate, and political balance would be required. The existing county Departments of Elections would remain, but would be subject to the policies and directives of the State Board of Elections. In addition to assuming all of the powers and duties previously vested in the county Boards of Elections, the State Board of Elections would be authorized: (1) to hear and decide appeals where persons were fined for failing to timely file campaign finance reports or for failing to include “paid for by” statements on campaign ads; and (2) to determine whether reasonable grounds exist to recommend that possible violations of election laws be referred to the Attorney General or the United States Attorney for investigation and prosecution. Second, the bill gives the State Elections Commissioner the authority to receive citizen reports of possible violations of Delaware’s election laws, including campaign finance laws. The bill requires the Commissioner to establish procedures to accept anonymous reports of potential violations. Such potential violations could be referred to the Attorney General or United States Attorney for investigation and prosecution, but only if the State Board of Election determines there are reasonable grounds to believe a violation may have occurred. Third, the bill expressly authorizes the Commissioner to prepare and publish manuals explaining the duties and responsibilities of individuals, political committees, and others covered by Delaware’s campaign finance and other election laws. Finally, the bill establishes the position of Elections Counsel, who will serve as the legal representative of the State Election Commissioner. The duties of the Elections Counsel include, among other things, (1) investigating possible violations of campaign finance and other election laws; (2) representing the Commissioner in limited proceedings before the State Board of Elections; and (3) assisting the Commissioner in preparing manuals and guides.

N/A

N/A

N/A

N/A

View HTML View PDF