Delaware General Assembly

CHAPTER 129 - GENERAL ELECTIONS

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, be and the same is hereby 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 11/1::y 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 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. 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, a supplemental certificate of nomination 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; 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, Representatives in Congress, Governor, and other State Officers, and for the County, Hundred and District Offices, by the Parties recognized by them as political parties within the meaning of this Chapter."

Section 2. That Chapter 60 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing all of 1812. Sec. 3. thereof, and inserting in lieu thereof a new section to be styled 1812. Sec. 3., as follows:

"1812. Sec. 3. Certificates of Nominations; Time of Filing; How Long Kept:—Certificates of nominations herein directed to be filed with the Secretary of State, or the Clerks of the Peace, as the case may be, shall be filed not less than twenty days before the day fixed by law for the election of the persons in nomination.

The Secretary of State, and the Clerks of the Peace, shall cause to be preserved in their respective offices all certificates of nomination filed under the provisions of this Chapter for six months after the date of filing thereof."

Section 3. That Chapter 60, of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing all of 1813. Sec. 4. thereof, 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 the nominations for electors of President and Vice-President certified to him as directed in 1811. Sec. 2. of this Chapter; 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. The lists of nominations published 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 4. That Chapter 60, of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing all of 1814. Sec. 5. thereof, and inserting in lieu thereof a new section to be styled 1814. Sec. 5., as follows:

"1814. Sec. 5. Ballots; Presidential and Vice-Presidential Ballot; 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 a Ballot to be designated 'Presidential and Vice-Presidential Ballot',—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 Clerk of the Peace in each County, for each General Election, shall cause the names of all candidates, other than candidates for President and Vice-President, to be voted for in the County and the several Hundreds or Districts in the same, to be printed in parallel columns on a ballot to be designated "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.

The 'Presidential and Vice-Presidential Ballots' shall be of uniform size, and the '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 ballot, 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, for which the ballots provided for in this Chapter are to be used, to be plainly printed on the margin at the top of the ballot, as nearly as possible in the following form:

`Official Ballot for Representative District Number _______

The Clerk of the Peace in each County shall cause the words `Presidential and Vice-Presidential Ballot' to be plainly printed on the margin at the top of the 'Presidential and Vice-Presidential Ballot', immediately under the words, 'Official Ballot for Representative District—Number '. and immediately under the words, 'Presidential and Vice-Presidential Ballot', the Clerk of the Peace in each County shall cause the words, 'A Vote for the candidate 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', to be plainly printed on the said 'Presidential and Vice-Presidential Ballot.' The Presidential and Vice-Presidential Ballot', shall in general conform, as nearly as possible, to the following plan:

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.

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.

Section 5. That Chapter 60 .4 the Revised Code of Delaware 1935, as amended by Chapter 118, Volume 42, Laws of Delaware, be and the same is hereby further amended, by adding at the end of 1817. Sec. 8 thereof, as amended as aforesaid, two additional paragraphs, 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 'State, County and District Ballot'; and for each Presidential election, in addition to the form and number of ballots to be printed for each general election, as hereinbefore provided, there shall be printed and distributed, in addition, in the same manner, an equal number of ballots for each presidential year, which shall in general conform, as nearly as possible, to the form set forth in 1814. Sec. 5. of this Chapter, as the 'Presidential and Vice-Presidential Ballot'.

At every presidential election, all laws in reference to ballots and voting at general elections shall apply with equal force and effect to 'Presidential and Vice-Presidential Ballots' and to 'State, County and District Ballots', 'is provided for in this Act, and the said 'Presidential and Vice-Presidential Ballots' shall be printed, distributed, marked and voted, at presidential elections, in the same manner and at the same time as the said `State, County and District Ballots', and placed in the same envelopes; and they shall be counted in the same manner, and at the same time, by the election officers, after the closing of the election; provided, however, that if any voter at any presidential election, as aforesaid, shall mark and vote and place in the envelope, provided therefor, as aforesaid, only one of the said official ballots, that is, one of the said 'Presidential and Vice-Presidential Ballots' and not at the same time one of the 'State, County and District' Ballots', or vice versa, then and in such event, such ballot marked, voted and contained in such envelope, as aforesaid, shall be counted, in the usual manner, for the candidates voted for on such ballot actually voted as aforesaid."

Section 6. That all acts or parts of acts inconsistent with the provisions of, or any of the provisions of, this Act, be and the same are hereby changed and modified to conform to the provisions of this Act, or repealed to the extent of, and only to the extent of, any such inconsistency; and in all cases in which any provision of this Act shall be found to be inconsistent with the provisions of any other law or act, such provision or provisions of this Act shall always prevail and be deemed to be the law.

Section 7. That this Act shall not become effective until the first day of January, 1942.

Approved May 12, 1941.