Subchapter I. Representative in Congress
TITLE 15
Elections
Special, Municipal and Other Elections
CHAPTER 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR
Subchapter I. Representative in Congress
§ 7301. Special election to fill vacancy.
Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States, an election shall be held to fill such vacancy on such day as the Governor shall appoint, in the several counties, at the same places which at the time shall be prescribed by law for holding the general election.
Code 1852, § 415; Code 1915, § 1880; Code 1935, § 1999; 15 Del. C. 1953, § 7301.;
§ 7302. Time of election; general election.
It shall be in the discretion of the Governor whether to appoint a day for holding elections under this chapter, before the day of holding the general election next after the happening of a vacancy, and, if the day of holding the general election shall be appointed, then the election shall be held and conducted and all the proceedings touching the same had as part of the general election.
Code 1852, § 421; Code 1915, § 1887; Code 1935, § 2006; 15 Del. C. 1953, § 7302.;
§ 7303. Writs of election.
The Governor shall issue writs of election to the department of elections of the several counties reciting the vacancy and commanding each department to cause an election to be held in its county on the day mentioned in the writ, at the place by law prescribed for holding the general election in its county, for choosing a Representative in place of the Representative whose seat shall so have become vacant, which writ shall be delivered to each department at least 40 days before the day therein appointed for holding the election.
Code 1852, § 416; Code 1915, § 1881; Code 1935, § 2000; 45 Del. Laws, c. 153, § 1; 15 Del. C. 1953, § 7303; 70 Del. Laws, c. 186, § 1.;
§ 7304. Notice to the public.
Each department shall, within 10 days after receiving a writ, advertise by suitable news media or by publishing the same each day for at least 5 days in 1 or more daily newspapers printed in the county or, if no daily newspaper is published in the county, in an edition of each of 2 weekly newspapers. Such notice shall state the day and place of the election and the officer to be chosen.
Code 1852, §§ 417, 418; Code 1915, §§ 1882, 1884; Code 1935, §§ 2001, 2003; 45 Del. Laws, c. 153, §§ 2, 3; 15 Del. C. 1953, § 7304; 58 Del. Laws, c. 215, § 40.;
§ 7305. Notice to election officers and department of elections.
The department shall also, upon receiving a writ, notify the inspector, judges of election and clerks of election of each election district in the respective counties who served at the preceding general election, and, if any such officer of any such election district be dead, removed, unable to serve or shall refuse to serve, then also to the person of any such election district who shall be appointed to fill the vacancy in such office.
Code 1852, §§ 417, 418; Code 1915, § 1884; Code 1935, § 2003; 45 Del. Laws, c. 153, § 3; 15 Del. C. 1953, § 7305; 49 Del. Laws, c. 4, § 5; 58 Del. Laws, c. 148, § 142; 61 Del. Laws, c. 480, § 22.;
§ 7306. Conduct of special election.
A special election for Representative in Congress shall be conducted in the same manner and form and by the same persons and officers and under the same regulations in all respects as a special election to supply a vacancy in either house of the General Assembly, and the votes given in each county shall be calculated, ascertained and certified at the same time and place and in like manner and by the same method and regulation as in case of such special election.
Code 1852, §§ 419, 420; Code 1915, §§ 1885, 1886; Code 1935, §§ 2004, 2005; 15 Del. C. 1953, § 7306.;
§ 7307. Vacancies among election officers.
In case any election officer of any election district who served at the next preceding general election shall be dead, removed, unable to serve or shall refuse to serve, an officer shall be appointed or supplied to fill such vacancy in the same manner as prescribed in the case of the general election.
Code 1852, § 327; 17 Del. Laws, c. 29, § 7; 19 Del. Laws, c. 39, § 3; 21 Del. Laws, c. 41, § 1; Code 1915, § 1883; Code 1935, § 2002; 15 Del. C. 1953, § 7307.;