§ 301 — Appointment; term and compensation

(a) The State Election Commissioner shall be appointed by the Governor for a term of 4 years and confirmed by a majority of the members elected to the Senate. Until such appointment and confirmation the State Auditor shall serve as the State Election Commissioner without additional compensation. In the event of a vacancy in the office, the Governor shall appoint a successor to fulfill the unexpired term and said successor shall be confirmed by a majority of the members elected to the Senate.

(b) The salary of the State Election Commissioner shall be as provided in the Budget Act.

(c) The State Election Commissioner shall serve in this capacity on a full-time basis and the State Election Commissioner’s powers and duties prescribed by this title shall remain with the Election Commissioner and shall not be delegated to any other individual or group.

(d) The State Election Commissioner shall not hold or be a candidate for any:

(1) Federal, state, county, city or incorporated municipality elective office; or

(2) Elective office or position of a political party nor shall the State Election Commissioner be an appointed official to any federal, state, county, city or incorporated municipality, commission or administrative body. This limitation shall not apply to persons selected to serve on or appointed to the Election Assistance Commission’s Standards Board or Board of Advisors established by P.L. 107-252 (The Help America Vote Act of 2002 [52 U.S.C. § 20941 et seq.]).

(e) The State Election Commissioner shall not directly or indirectly use or seek to use the State Election Commissioner’s authority or official influence to control or modify the political action of another person or at any time participate in any political activities or campaigns.

Legislative History

15 Del. C. 1953, § 302; 50 Del. Laws, c. 168, § 1 ; 57 Del. Laws, c. 181, § 15 ; 58 Del. Laws, c. 215, § 2 ; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 115, § 1 ; 77 Del. Laws, c. 227, § 12