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Election Law @ Moritz

Election Law @ Moritz


2008 Key Questions for Key States

Delaware

The complete research by Election Law @ Moritz for Delaware can be found below.

Institutional Arrangements

State Chief Election Authorities

Democratic appointee

Chief election authority: State election commissioner. 15 Del.C. § 302.

Method of selection: Appointed by governor. 15 Del.C. § 301.

Current officer: Elaine Manlove. Expenditure of election funds now accounted for, AP Alert – Political, December 10, 2007. Appointed by Governor Milner (D). Delaware election commissioner announces retirement, AP Alert – Political, December 1, 2006. (Last updated 1/1/08)

State High Court Composition

D leaning/appointed

Method of selection: Gubernatorial appointment with advice and consent of Senate. Const. Art. IV, Sec. 3.

Justices; Myron T. Steele (D), Randy J. Holland (R), Carolyn Berger (D), Jack B. Jacobs (D), Henry duPont Ridgely (R) (Last updated 12/20/07)

Sources:

  • Steele sworn in as Delaware chief justice, AP Alert – Delaware, May 27, 2004, Randall Chase.
  • Ridgely nominated for Delaware high court, Daily Deal, June 17, 2004.
  • Minner nominates Steele as Delaware chief justice, AP Alert – Political, April 19, 2004.

Voter Registration

EL@M did not research this topic for Delaware

Challenges

EL@M did not research this topic for Delaware

Provisional Ballots

EL@M did not research this topic for Delaware

Early and Absentee Voting

EL@M did not research this topic for Delaware

Voting Technology

EL@M did not research this topic for Delaware

Polling Place Operations

Polling place closing times - local times

8:00 PM local time

Polling place closing times - by Eastern time zone

8:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Delaware

Emergency Preparedness

EL@M did not research this topic for Delaware

Post-Election Processes

What Court Would Hear a Presidential Contest?

Trial Court

The Superior Court for Kent County, a type of trial court, hears Presidential contests. Del. Code Ann. tit. 15, § 5927. The governor with the advice and consent of the Senate appoints the Judges of the Superior court. See Del. Const. art IV, § 3. When there is an even number of judges on the Superior Court, no more than half of them may be of the same political party. Id. When there is an odd number, “not more than a majority of one Judge shall be of the same political party.” Id. The jurisdiction of a Presidential primary election contest is not mentioned. See 15 De.C. § 3101 et seq. Because election contests are creatures of statute only, generally courts will interpret this kind of omission to mean that no court has jurisdiction to hear such a contest.

Who Performs Presidential recounts?

Bipartisan

Recounts are conducted by the Superior Court in each county. 15 Del.C. s 5702. Delaware has only three counties. Superior Court judges are appointed by the governor. Del Const. Art. IV, s 3. When there is an even number of judges on the Superior Court, no more than half of them may be of the same political party. Id. When there is an odd number, “not more than a majority of one Judge shall be of the same political party.” Id.