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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

15 Del. C. § 101A: Purpose [Effective July 1, 2027].

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  1. Title 15. Elections
  2. Administrative Agencies
  3. CHAPTER 1. Purpose and Meaning of Election Laws

(a) The purpose of this title is to assure the people’s right to free and equal elections, as guaranteed by our state Constitution. To that end, and in furtherance of the protections for protected classes provided by § 21 of Article 1 of the Delaware Constitution and of the power granted to the General Assembly in § 1, Article 5 of the Delaware Constitution, it is the public policy of this State to encourage participation in the elective franchise by all eligible voters to the maximum extent and ensure that eligible voters who are members of racial, color, and language-minority groups have an equal opportunity to participate in the political processes of this State, and especially to exercise the elective franchise. The full exercise of that right demands that the people be afforded the means to form political parties, nominate candidates, and cast ballots for whomever they choose. At the same time, however, lengthy ballots which list a profusion of political parties and unaffiliated candidates, many of which are not serious contenders and lack even a modicum of community support, tend to create voter confusion and to clog the election machinery.

(b) To secure the right to free and equal elections, ensure that voters who are members of racial, color, and language-minority groups, as well as voters with disabilities, have an equal opportunity to participate, and to preserve the integrity of the democratic political process, it is essential that an orderly and equally open system be established:

(1) For the registration of voters and the preservation of voter registration records;

(2) To encourage public participation in political parties and to demonstrate sufficient community support of these parties by permitting voters to affiliate with the party of their choice, if they so desire, on their voter registration records;

(3) To provide a means by which political parties and unaffiliated candidates, which have demonstrated a meaningful level of community support, may qualify for listing on the general election ballot;

(4) For the orderly and fair selection of party nominees by primary election or political party convention, and for the filling of vacancies among such nominees;

(5) To provide for the free exercise of the write-in vote for both politically affiliated and unaffiliated candidates who may not qualify for listing on the general election ballot;

(6) For the conduct of primary and general elections;

(7) For the certification of election results and the resolution of election contests;

(8) To provide criminal penalties and civil liability for violation of the laws set forth in this title;

(9) To provide for all such other matters, related to the electoral process, as may be set forth herein.

Collected 2026-09-05T23:02:19Z. Source file · JSON

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