Delaware General Assembly

CHAPTER 119

GENERAL ELECTIONS

PROVISION MADE FOR A PRESIDENTIAL AND VICE-PRESIDENTIAL BALLOT AND A STATE, COUNTY AND DISTRICT BALLOT

AN ACT TO AMEND CHAPTER 129 VOLUME 43, LAWS OF DELAWARE, ENTITLED "AN ACT TO AMEND CHAPTER 60 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO GENERAL ELECTIONS, AND PROVIDING FOR TWO SEPARATE BALLOTS,--A PRESIDENTIAL AND VICE-PRESIDENTIAL BALLOT, AND A STATE, COUNTY AND DISTRICT BALLOT".

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

Section 1. That Chapter 60 of the Revised Code of Delaware, 1935, as amended by Chapter 129 Volume 43, Laws of the State of Delaware, be and the same is hereby further amended by striking out and repealing all of 1811. Sec. 2. thereof, and inserting in lieu thereof a new section to be styled 1811. Sec. 2., as follows:

1811. Sec. 2. Certificates of Nominations and Party Devices; What Device May Be Used; Two Parties May Not Adopt Same Device; Counter Claims For, How Decided; Death, Resignation or Removal of Candidate; Supplemental Certificates:--

The Nominations of the Candidates for electors of President and Vice-President, together with the names of the candidates for President and Vice-President of the United States of the certifying political party, shall be certified to the Secretary of State by the Presiding Officer and Secretary of the several Party Conventions or Committees; and the nominations of the candidates for the office of United States Senator, Representative in Congress, Governor and other state offices, 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 Certificates shall be in writing and, in each case, shall contain the name of each person nominated, his or her residence and the office for which he or she is nominated, other than the names of the candidates for President and Vice-President for which no residence need be given. The persons making such certificates shall add to their signatures their respective places of residence and shall acknowledge such certificate, before an officer duly authorized to take acknowledgments of Deeds, and a certificate of such acknowledgment shall be fixed to the instrument.

The certificates shall also designate a title for the party which such Convention or Committee represents, together with any simple figure or device by which its lists of candidates may be designated on the ballot. The figure or title or device selected and designated by the State Conventions or Committee of any party shall be used by that party throughout the State. Only one figure or device shall be used by a party at any election. The same title, figure or device shall not be used by more than one party, and the party first certifying a name, title, figure or device to the Clerks of the Peace shall have prior right to use the same. Such figure or device may be the figure of a star, an eagle, a plow, or some such appropriate symbol, but the coat of arms or seal of the State, or of the United States, or the flag of the United States, or of this State, shall not be used as such figure or device.

In case of death, resignation or removal of any candidate subsequent to nomination, or failure, for any reason whatsoever, to certify, or upon a change in the name of any candidate for President or Vice-President, a supplemental certificate may be filed by the proper officers of the State, County, District or Hundred Committees.

In case of a division in any Party and claim by two or more factions to the same party name or title, figure or device, if the division occurs at a State Convention, or extends throughout the State, the Clerks of the Peace of the several Counties shall, within ten days after any one of them has received the certificates of the contending factions, assemble in the office of the Clerk of the Peace at Dover and determine to which faction the name, title or figure properly belongs, giving the preference to the Convention held at the time and place designated in the call of the regularly constituted party authorities ; if, within five days after, the other faction shall present no other party name, or title, figure or device, and certify the same to the Clerks of the Peace, the latter shall again immediately assemble and select some suitable title, figure or device for said faction, and the name shall be placed above the list of its candidates on the ballots. If the certificate of the contending factions shall not be received by the Clerks of the Peace in time for them to assemble at Dover before publishing the device and list of candidates in the newspapers, then and in that case each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device, and shall select a name, title, figure or device for the other faction. In case of division in any party extending only throughout a County, District or Hundred, the Clerk of the Peace of the County in which such division occurs, upon the receipt of certificates from the contending factions, shall determine which faction is entitled to the party name, figure or device, and to have their nominations printed in the proper party column ; and should the other faction fail to do so, the Clerk of the Peace shall select for them a name or title, figure or device.

There shall be two separate ballots, to-wit : a Presidential and Vice-Presidential Ballot and a State, County and District Ballot. The Clerks of the Peace for the several Counties shall cause to be printed on the Presidential and Vice-Presidential Ballot, herein provided for, the names of the candidates nominated for President and Vice-President by the parties recognized by them as political parties within the meaning of this Chapter,

as shall be certified to them by the Secretary of State; and the Clerks of the Peace for the several Counties shall cause to be printed on the State, County and District Ballot, herein provided for, the names of the candidates nominated for United States Senators, Representative in Congress, Governor and other State Officers, and for the County, Hundred and District Offices, as shall be certified to them respectively by the Parties recognized by them as political parties within the meaning of this Chapter, and as herein provided.

The Secretary of State, upon receiving the certificates of the several Party Conventions or Committees, or any supplemental certificate, of the respective nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States as hereinbef ore provided, not less than twenty days before the day fixed by law for the ensuing general election, under his hand and seal of office, shall certify to the Clerk of the Peace in each County the names of the candidates for President and Vice-President of the United States of said political parties, together with the designated title of each party and the figure or device of each party as so certified to him.

It shall be the duty of the Clerk of the Peace in each County to cause the names of all candidates for President and Vice-President of the United States, as so certified to him by the Secretary of State, to be printed upon the official ballot, in form and manner as provided by 1814. Sec. 5 of this Chapter, as amended.

The Secretary of State before the day of the ensuing general election, under his hand and seal of office, shall certify to the Prothonotary of the Superior Court in each County the nominations of the candidates for electors of President and Vice-President of the United States and the names of the candidates for President and Vice-President of the United States of each political party as shall have been duly certified to him, which certifi-

cates shall be presented by the Prothonotary to the Superior Court of the County upon its convening for the performance of the duties imposed upon it by Article V of the Constitution of this State.

Section 2. That Chapter 60 of the Revised Code of Delaware, 1935, as amended by Chapter 129 Volume 43 Laws of Delaware, be and the same is hereby further amended by striking out and repealing all of 1813. Sec. 4 thereof, as amended as aforesaid, and inserting in lieu thereof a new section to be styled 1813. Sec. 4, as follows:

1813. Sec. 4. Publication of Nominations; How Arranged; What Excluded:--

At least ten days before a Presidential Election, the Secretary of State shall cause to be published in at least two newspapers within each County a copy of the official ballot to be used at the ensuing election, setting forth the names of the candidates for President and Vice-President of the United States of various political parties as the same shall have been certified to him; and the Clerk of the Peace of each County, at least ten days before an election to fill any public office, shall cause to be published in at least two newspapers within his County the nominations to office certified to him as directed in 1811. Sec. 2 of this Chapter. The Secretary of State, and the Clerk of the Peace in each County, shall make no less than two publications in each of such 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 papers representing such political parties, if such there be. Such publications by the Secretary of State and by the respective Clerks of the Peace shall be arranged, so far as practicable, in the order and form in which they will be printed upon the ballots and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of the Peace shall not include, in the publication to be made according to this Section, the name of any candidate, whose certificate of nomination shall have been filed in his office, who shall have notified him in writing duly signed and acknowledged that he will not accept the nomination. The names of such candidates shall not be included in the names of the candidates to be printed on the ballot, as hereinafter provided.

Section 3. That Chapter 60 of the Revised Code of Delaware, 1935, as amended by Chapter 129 Volume 43, Laws of Delaware, be and the same is hereby further amended by striking out and repealing at the end of 1814. Sec. 5 the plan for the official Presidential and Vice-Presidential Ballot and the plan for the official State, County and District Ballot and inserting in lieu thereof the following:

PROVISION MADE FOR A PRESIDENTIAL AND VICE-PRESIDENTIAL BALLOT AND A STATE, COUNTY AND DISTRICT BALLOT

OFFICIAL BALLOT FOR REPRESENTATIVE DISTRICT

NUMBER

PRESIDENTIAL AND VICE-PRESIDENTIAL BALLOT.

A vote for the candidates for President and Vice-President shall be a vote for the electors of such party, the names of whom are on file with the Secretary of State.

Device

DEMOCRATIC PARTY

For President
JOHN DOE

For Vice-President
JOHN DOE

Device

REPUBLICAN PARTY

For President
JOHN DOE

For Vice-President
JOHN DOE

The 'State, County and District Ballot' shall in general conform, as nearly as possible, to the following form:

OFFICIAL BALLOT FOR REPRESENTATIVE DISTRICT NUMBER
STATE, COUNTY AND DISTRICT BALLOT.

The State, County and District Ballots shall be so ruled as to form a square, as nearly as possible, at the left of the name of each candidate and the office for which he is nominated, in order to permit of individual voting, as provided for by 1858. Sec. 49 hereof.

Section 4. That Chapter 60 of the Revised Code of Delaware, 1935, as amended by Chapter 129 Volume 43, Laws of Delaware, be and the same is hereby further amended by adding at the end of 1814. Sec. 5. thereof, as amended as aforesaid, a new section to be styled 1814. A. Sec. 5 A., as follows:

1814. A. Sec. 5 A. Vote for Electors; Counting and Certifying Vote by Board of Canvass:--

A vote for the candidates of a political party for President and Vice-President of the United States by ballot, as herein provided, shall be a vote for all the electors of President and Vice-President of such party, the names of whom are on file with the Secretary of State, and shall be as effective as if the vote was given directly for said electors.

The Superior Court, sitting in each County as a Board of Canvass pursuant to Article V of the Constitution, in ascertaining the state of the election throughout the County, shall calculate the votes given for the candidates for President and Vice-President of a political party as votes given for each and all the electors of President and Vice-President of such party, the names of whom are on file with the Secretary of State and as certified to said Court by said officer, as herein provided, and said Court shall make its certificates accordingly in the form and manner now provided by 1868. Sec. 59. and 1869. Sec. 60 of this Chapter.

Section 5. That Chapter 60 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing in 1834. Sec. 25. thereof, the word "two", being the fourth word thereof, and inserting in lieu thereof the

word "three"; and by striking out and repealing in the form of the certificates of election the following:

"For the Office of Electors of President and Vice-President",

and inserting in lieu thereof the following:

For President of the United States

Received. Votes

Received Votes

For Vice-President of the United States

Received. Votes

Received. Votes

Approved March 19, 1943.