Sec. 3-1. - General provisions.

All of the provisions of this title [of the Delaware Code] pertaining to elections, including registration of voters, chapters 11, 13, 15, 17, 19, 21, and 23, primary elections and nomination of candidates, chapters 31 and 33, general elections, chapters 41, 45, 47, 49, 51, 53, 55, and 57, as well as chapter 50 of this title [of the Delaware Code], shall be applicable to the holding of elections in accordance with the provisions of this subchapter [§§ 3-1—3-8].

State law reference— Similar provisions, 15 Del. C. § 7528.

Sec. 3-2. - Registration and elections to conform with Title 15.

Registration and elections in the city for the mayor, council and other officers of the city shall in all respects be conducted in conformity with the provisions governing general elections as provided under this title [of the Delaware Code], except that the canvass of the vote shall be conducted by the department of elections for the county, which shall certify those candidates elected to office.

State law reference— Similar provisions, 15 Del. C. § 7521.

Sec. 3-3. - Certificates of nomination.

The nominations made under this subchapter [§§ 3-1—3-8] for the various offices of the city, together with the name of the party and its device, shall be certified to the department of elections for the county by the presiding officer and secretary of each political party on the date and in the manner prescribed for other nominations for the general election made under this title [of the Delaware Code].

State law reference— Similar provisions, 15 Del. C. § 7523.

Sec. 3-4. - Supplemental certificates of nomination.

Supplemental certificates of nomination for offices of the city shall be issued as prescribed in 15 Del. C. § 3306.

State law reference— Similar provisions, 15 Del. C. § 7526.

Sec. 3-5. - Ballots.

The names of the candidates for the mayor, council and other officers of the city shall be printed on the single ballot as prescribed by 15 Del. C. § 4501 and to meet the requirements of 15 Del. C. §§ 5001—5011.

State law reference— Similar provisions, 15 Del. C. § 7525.

Sec. 3-6. - Definition of political party.

A political party existing only within the city shall be qualified to nominate candidates for the municipal election if it is a bona fide organization of registered voters of the city who:

(1)

Elect a city committee and officers of the city committee;

(2)

Nominate candidates for the municipal election by a secret ballot of those enrolled for purposes of the municipal election as members of the party taken at a convention or by some other method of polling the party membership;

(3)

Not later than August 15th of the year of the municipal election, file with the department of elections for the county petitions certifying that the party exists and desires to have its candidates placed on the ballot for the forthcoming election. These petitions shall be signed by a number of registered voters of the city not less than five (5) per cent of the total number of registered voters within the city as of December 31st of the year immediately preceding the municipal election. These petitions shall be prepared between January 1st and August 15th of the year of the election. They shall include the signature, printed name, address at which registered and social security number of each qualified voter signing the petition. Each petition shall also include the following declaration subscribed to under oath by each person signing the petition:

By dating and affixing my signature to this petition, I hereby swear (or affirm) that:

(1)

My full name, address at which registered and social security number are as stated herein;

(2)

I am a duly registered voter of the State of Delaware, New Castle County and the City of Wilmington;

(3)

For the purposes of the municipal election only, I am a member of the (name of party) and I support its efforts to have its name, party device and candidates listed on the next municipal election ballot;

(4)

The date entered opposite my signature is the date on which I signed this petition; and

(5)

I have read and understand this petition, and I understand that by intentionally entering false information hereon I shall be subject to prosecution for perjury.

The petition shall also include a sworn statement, signed by the person gathering the signatures and sworn to before a notary public, that such person witnessed the placing of each signature on the petition and, to the best of his knowledge or belief, all those who signed the petition were duly registered voters of the city. This statement shall be followed by a warning that any person who knowingly signs a statement which contains falsehoods shall be subject to prosecution for perjury.

State law reference— Similar provisions, 15 Del. C. § 7522.

Sec. 3-7. - Title and device of party.

No party shall use the name of another party appearing anywhere on the ballot either in whole or in part, or any variation thereof, in its own title. The words "independent" or "decline," being terms employed in this title, or any variation thereof, shall not be used as the title, or part of the title, of any party. Each party shall select an appropriate figure or device to designate that party, but the coat of arms, seal or flag of the United States, this state or the city, or any part or variation thereof, shall not be used as such figure or device.

In case of a division of any party qualified under this subchapter [§§ 3-1—3-8] and a claim by two (2) or more factions to the same party name or title, figure or device, the board of elections for the county shall determine to which faction the name and device properly belong. If, within five (5) days thereafter, the other faction fails to present and certify some other party title and/or device, the board shall select some suitable title and/or device to represent that party upon the ballot.

State law reference— Similar provisions, 15 Del. C. § 7524.

Sec. 3-8. - Contest of election.

If any candidate for any of the offices before mentioned shall choose to contest the right of any person claiming to have been elected to said office, the causes for such contests and all of the other provisions now set out in 15 Del. C. §§ 5941—5955 shall be applicable, and all such contests shall be determined pursuant to all of the provisions of said sections.

State law reference— Similar provisions, 15 Del. C. § 7527.

Sec. 3-9. - Deposit and count of ballots.

The board of elections or other officers conducting any election held in any municipality of this state shall deposit all ballots as the same are voted in a ballot box and shall not remove the ballots until the election is closed.

When the election is closed, the ballots cast shall be removed from the ballot box and shall be counted openly and publicly and in the presence of such citizens of the municipality as shall desire to attend.

This section shall be deemed and taken to be an amendment to all charters granted to any municipality in this state.

State law reference— Similar provisions, 15 Del. C. § 7501.

Sec. 3-10. - Local elections when there is only one candidate.

In any town or municipal election where there is only 1 official candidate for each office, if none of the official candidates has a formal opponent on the day of election, the official candidates may assume office without the holding of a formal election.

State law reference— Similar provisions, 15 Del. C. § 7502.

Secs. 3-11—3-20. - Reserved.