HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 29

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CHANGING CANDIDACY TO A DIFFERENT OFFICE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3101, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3101. Nomination, withdrawal withdrawal, and primary election dates.

The following schedule shall apply applies for all candidates:

(1) Notification of candidacy shall be on or before 12:00 noon of the second Tuesday in July.

(2) Such notification of candidacy may be withdrawn on or before 4:30 p.m. on the first Friday after the second Tuesday in July. In the event the first Friday after the second Tuesday in July is a legal holiday, then the final day to withdraw shall be is the next day which is not a Saturday, Sunday Sunday, or a legal holiday.

(3) Primary elections for all political parties shall be conducted on the second Tuesday after the first Monday in September.

(4) After the deadline for notification of candidacy set forth in paragraph (1) of this section and before the deadline for withdrawal set forth in paragraph (2) of this section, a candidate may change that candidate’s own candidacy and become a candidate for a different office in the coming election. Such change of candidacy shall be deemed to be irrevocable withdrawal from candidacy for the first announced office. [Repealed.]

Section 2. This Act takes effect on January 1 following its enactment into law.

SYNOPSIS

This Act eliminates the ability of a candidate to change their candidacy to become a candidate for a different office after the deadline for notification of candidacy has passed.

This Act takes effect on January 1 following its enactment into law.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.