Delaware General Assembly

Signed 6/26/14

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

HB 302

6/10/14

Jaques

Sen. Henry

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 departments of election into a single statewide Department of Elections. In addition, the 3 existing county boards of election would be consolidated into a single State Board of Elections. The 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 to the same extent as is the case under existing law. Second, the bill gives the State Elections Commissioner the authority to receive and investigate citizen reports of possible violations of Delaware’s campaign finance laws. The bill requires the Commissioner to establish procedures to accept anonymous reports of potential violations. It further provides that upon receiving notice of a possible violation, the Commissioner may either (1) refer the matter to the Attorney General or United States Attorney for investigation and prosecution, or (2) conduct his or her own investigation into the matter. The Attorney General would retain all of its authority under current law to investigate and (as necessary) prosecute any violation of Title 15. Third, the bill authorizes the Commissioner to hire one or more investigators to investigate information that, if true, would constitute a violation Delaware’s campaign finance laws. The bill further authorizes the Commissioner to subpoena witnesses and compel the production of records in connection with any investigation. Finally, 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. With the exception of Section 3, the bill would become effective on July 1, 2015.

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