Delaware General Assembly

CHAPTER 149

GENERAL ELECTIONS

PROVIDING FOR SINGLE BALLOTS FOR PRESIDENTIAL, VICE-PRESIDENTIAL, STATE, COUNTY AND DISTRICT CANDIDATES

AN ACT TO AMEND CHAPTER 60 OF TILE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO GENERAL ELECTIONS, PROVIDING FOR A SINGLE BALLOT FOR PRESIDENTIAL, VICE-PRESIDENTIAL, STATE, COUNTY AND DISTRICT CANDIDATES AT A GENERAL ELECTION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 1811. Sec. 2. of Chapter 60 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out the sixth paragraph thereof and inserting a new paragraph, as follows:

There shall be a single ballot for Presidential, Vice-Presidential, State, County and District candidates. The Clerks of the Peace for the several Counties shall cause to be printed on the ballots herein provided for, the names of the candidates nominated by the parties recognized by them as political parties within the meaning of this Chapter. The nomination of the candidates for the office of Governor and other State officers, United States Senators, Representatives in Congress, President and Vice-President, shall be certified to the several Clerks of the Peace by the Presiding Officer and Secretary of the several State Party Conventions or Committees, and the nominations of the candidates for the County, Hundred and District offices shall be certified to the respective Clerks of the Peace of the County in and for which such nominations have been made by the Presiding Officer and Secretary of the proper Party Convention or Committee. The certificate shall be in writing and shall contain the name of each person nominated, his residence and the office for which he is nominated. The persons making such certificate shall add to their signatures their respective places of residence and shall acknowledge said certificate before an officer duly

authorized to take acknowledgments of Deeds and a certificate of such acknowledgment shall be affixed to the instrument.

Section 2. That 1813. Sec. 4. of Chapter 60 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of said 1813. Sec. 4. thereof and by substituting and enacting a new 1813. Sec. 4. as follows:

1813. Sec. 4. PUBLICATION OF NOMINATIONS; HOW ARRANGED; WHAT EXCLUDED:--The Clerk of the Peace for each county, at least ten days before an election to fill any public office, except special elections, shall cause to be published in at least two newspapers within his county the nominations to office certified to them by the Chairman and Secretary of the several political party conventions or committees as herein provided. The Clerks of the Peace in each county shall make no less than two publications in each of said newspapers before such election. Such publications shall be made in two newspapers representing the two principal political parties. In all cities where a daily newspaper is published, such notice shall also be published in two daily newspapers representing such political parties, if such there be. Such publications by the respective Clerks of the Peace shall be arranged, so far as practicable, in the order and form in which they will appear when printed on the ballots and shall designate the devices under which the list of candidates of each party shall be printed. The Clerks of the Peace shall not include, in the publications to be made according to the provisions of this Section the name of any candidate whose certificate of nomination shall have been filed in their office, who shall have notified the Clerk of the Peace in writing duly signed and acknowledged that he will not accept the nomination. The name of such candidate shall not be included with the names of the candidates to be printed on the ballots as in this Chapter provided.

Section 3. That 1814. Sec. 5. of Chapter 60 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out all of said 1814. Sec. 5. thereof and by substituting and enacting in lieu of the part so stricken out a new 1814. Sec. 5. as follows:

1814. Sec. 5. BALLOTS; PRESIDENTIAL, VICE-PRESIDENTIAL, STATE, COUNTY, AND DISTRICT BALLOT; SIZE; FORM; STYLE; COLOR; ARRANGEMENT:--The Clerk of the Peace in each County, for each Presidential election, shall cause the names of all candidates for President and Vice-President to be voted for in his County and the several Hundreds or Districts in the same to be printed in parallel columns on the regular ballot containing the names of candidates for State, County and District offices, nominations of any party for President and Vice-President being placed under the title and device of such party as designated by its authorized agent or agents, in the certificate or certificates; or if none be designated, under some suitable title and device to be selected by the Clerk of the Peace.

The Clerks of the Peace in each County, for each General Election, shall cause the names of all candidates to be voted for in the County and the several Hundreds and Districts in the same, to be printed in parallel columns on a ballot to be designated "Presidential, Vice-Presidential, State, County and District Ballot,"--all such nominations of any party being placed under the title and device of such party as designated, by its authorized agent or agents, in the certificate or certificates; or if none be designated, under some suitable title or device to be selected by the Clerk of the Peace.

Presidential, Vice-Presidential, State, County and District Ballots shall be of uniform size. All ballots shall be of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the said ballots shall in general conform, as nearly as possible, to the plans of such ballots as hereinafter given; the device named and chosen and the lists of candidates of the Democratic Party shall be placed in the first column on the left hand side of said ballots, of the Republican Party in the second column, and of any other party in such order as the Clerk of the Peace shall decide.

The Clerk of the Peace in each County shall cause the correct Representative District number to be plainly printed on the margin at the top of the official Presidential, Vice-Presidential, State, County and District Ballots, as nearly as possible in the following form:

In years when no President and no Vice-President are to be elected, the spaces provided for the names of candidates for such offices shall not be made a part of the official ballots, and the

words "Presidential and Vice-Presidential" shall not be used as a part of the designation of the ballots printed for the General Election.

Section 4. That 1817. Sec. 8. of Chapter 60, of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing the last two paragraphs of said 1817. Sec. 8. and by substituting and enacting in lieu thereof a new paragraph, as follows:

The ballots authorized to be printed, in accordance with this Section, for each General Election, shall in general conform, as nearly as possible, to the form set forth. in 1814. Sec. 5. of this Chapter, as the Presidential, Vice-Presidential, State, County and District Ballot.

Approved May 27, 1949.