§ 4502 — Form and designation of ballots [For application of this section, see 83 Del. Laws, c. 353, § 6]

Delaware § 4502

• Jurisdiction: Delaware
• Title: 15
• Part: General Elections
• Ch. 45: BALLOTS, ELECTION SUPPLIES AND POLLING PLACES

Text

(a) (1) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of that voter’s choice, as prescribed under § 5005A(b) of this title.

(2) In those years in which a President and Vice President of the United States are to be elected, the ballot must be designated “Presidential, Vice Presidential, State, County, and District Ballot”; in other years, the ballot must be designated “State, County, and District Ballot”.

(3) The names of all candidates of any party must be placed under the title and device of such party as designated in the certificate filed with the Department by the party’s authorized agent or, if none is designated, under some suitable title or device to be selected by the Department.

(4) When a President and Vice President are to be elected, the names of the candidates for those offices must be placed at the top of the list of candidates for all offices to be voted upon.

(5) The device named and chosen and the lists of candidates of the Democratic Party must be placed in the first column on the left-hand side of the ballot, of the Republican Party in the second column, and of any other party, and the space for the voter to write in the name of any candidate of that voter’s choice for any office, in such order as the Department decides.

(6) The names of unaffiliated candidates must appear in alphabetical order, under the heading “Unaffiliated Candidates”, after the listing of various political parties.

(b) All ballots for the same election shall be of uniform size, of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballots shall in general conform, as nearly as possible, to the sample ballot set forth in this section.

(c) The ballots prepared in accordance with this chapter shall conform as far as possible to the following design except that the write-in column may be placed on either side of the ballot.

(d) Absentee or mail ballots may be laid out with candidate names under an office title. If this form is used, party logos are not to be used and the political party of each candidate shall be listed beside or below the name of each candidate. The candidates shall be listed in the order specified in subsection (a) of this section. Except, that in a primary election the candidates shall be listed in alphabetic order and the political party shall be listed for each office.

(e) If the number of candidates, offices and/or parties to be listed on the ballot preclude the layout of a ballot as specified in this section, the Department of Elections shall obtain approval of the State Election Commissioner to lay out the ballot in a manner best suited to the number of candidates, offices and/or parties eligible to be placed on the ballot.

Legislative History

19 Del. Laws, c. 37, § 8 ; 20 Del. Laws, c. 396, § 2 ; 27 Del. Laws, c. 65, § 8 ; Code 1915, §§ 1725, 1725A; 28 Del. Laws, c. 95 ; Code 1935, § 1814; 43 Del. Laws, c. 129, § 4 ; 44 Del. Laws, c. 119, § 3 ; 45 Del. Laws, Sp. Sess., c. 4,, § 3 ; 47 Del. Laws, c. 149, § 3 ; 15 Del. C. 1953, § 4502; 59 Del. Laws, c. 54, § 1 ; 61 Del. Laws, c. 418, § 14 ; 61 Del. Laws, c. 480, §§ 10, 11 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 506, § 4 ; 77 Del. Laws, c. 227, §§ 2, 46-48 ; 82 Del. Laws, c. 170, § 14 ; 82 Del. Laws, c. 245, § 2 ; 82 Del. Laws, c. 245, § 4 ; 83 Del. Laws, c. 353, § 2