US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Delaware Code » Title 15 - Elections » Part V » Special, Municipal and Other Elections » Chapter 77. CONVENTION TO ACT UPON AMENDMENTS TO FEDERAL CONSTITUTION

§ 7701. Date of election of delegates; proclamation.

§ 7701. Date of election of delegates; proclamation. Whenever the Congress of the United States proposes an amendment to the Constitution of the United States and proposes that the same shall be valid when ratified by conventions in three fourths of the several States, the Governor of this State shall fix by proclamation the date […]

§ 7702. Qualification of voters.

§ 7702. Qualification of voters. (a) If the election of delegates is held at the same time as a general election, all persons qualified to vote at such general elections for representatives to the General Assembly of this State shall be entitled to vote. (b) If such election is held at a time other than […]

§ 7703. Registration.

§ 7703. Registration. (a) If the election of delegates is to be held at a date other than the date of a general election, there shall be 1 or more registration days prior to such election. The Governor shall fix the date or dates of such registration and shall include an announcement of the registration […]

§ 7704. Election, how conducted; results, how ascertained.

§ 7704. Election, how conducted; results, how ascertained. (a) Except as otherwise provided in this chapter, the election of delegates must be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of electors of President and Vice President in this State during elections in which […]

§ 7705. Number and residence of delegates.

§ 7705. Number and residence of delegates. The number of delegates to be chosen to such convention shall be 17, to be elected from the State at large. Seven of such delegates shall be residents of New Castle County, 5 of such delegates shall be residents of Kent County, and 5 of such delegates shall […]

§ 7706. Qualifications of delegates; nomination by petition.

§ 7706. Qualifications of delegates; nomination by petition. Candidates for the office of delegate to the convention shall be citizens and qualified voters of this State. Nominations shall be by petition and not otherwise. A single petition may nominate any number of candidates not exceeding the total number of delegates to be elected from each […]

§ 7707. Determination of nominations.

§ 7707. Determination of nominations. The sixteenth day before the day fixed for the holding of the election of delegates shall be the last day for the filing of nominating petitions with the Department or, if such sixteenth day falls upon a Sunday or a legal holiday, the day following shall be the last day […]

§ 7708. What nominations shall be effective.

§ 7708. What nominations shall be effective. No nominations shall be effective except those of the 7 candidates from New Castle County in favor of ratification, the 7 candidates from New Castle County against ratification and the 7 candidates from New Castle County not committed to either ratification or rejection of the proposed amendment, the […]

§ 7709. What nominations shall be effective

§ 7709. What nominations shall be effective38 Del. Laws, c. 5, § 8;  Code 1935, § 6213;  15 Del. C. 1953, § 7709;  61 Del. Laws, c. 480, § 23;  repealed by 79 Del. Laws, c. 275, § 102, eff. July 1, 2015.; 

§ 7710. Alternates.

§ 7710. Alternates. Candidates for nomination not nominated as provided in §§ 7706-7708 of this title shall be deemed to be alternates to the nominees in their respective groups in the order of the number of signatures which they have respectively received upon their nominating petitions and in the event of the death, resignation or […]

§ 7711. Printing of ballots; to whom delivered; additional ballots.

§ 7711. Printing of ballots; to whom delivered; additional ballots. The Department shall cause to be printed and distributed the ballots for the election of delegates in the quantity and in the manner provided by law for general elections; provided that such ballots as are required under the election laws to be delivered to the […]

§ 7712. Use of separate ballot; form.

§ 7712. Use of separate ballot; form. The election shall be by ballot, separate from any ballot to be used at the same election. Such ballot, if used at a general election, shall be enclosed in the same envelope as the ballot for use at such general election, otherwise each ballot cast shall be enclosed […]

§ 7713. Election of nominees; vacancies.

§ 7713. Election of nominees; vacancies. The 17 nominees who receive the highest number of votes shall be the delegates to the convention. If there is a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote […]

§ 7714. Meeting of delegates.

§ 7714. Meeting of delegates. The delegates to the convention shall meet in the Senate Chamber at the State House in Dover on the twenty-eighth day after their election at 12: 00 noon, and shall thereupon constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified. 38 […]

§ 7715. Election of officers and adoption of rules.

§ 7715. Election of officers and adoption of rules. The convention may elect its president, secretary and other officers and adopt its own rules. 38 Del. Laws, c. 5, § 14;  Code 1935, § 6219;  15 Del. C. 1953, § 7715; 

§ 7716. Journal of convention.

§ 7716. Journal of convention. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. 38 Del. Laws, c. 5, § 15;  Code 1935, § 6220;  15 Del. C. 1953, § 7716; 

§ 7717. Certification of results.

§ 7717. Certification of results. (a) After the sense of the majority of the total number of delegates composing the convention is taken upon the question of the ratification of the proposed amendment to the Constitution of the United States, the convention shall certify a resolution of its vote over the hand of the president, […]

§ 7718. Compensation of delegates, officers and employees; expenses.

§ 7718. Compensation of delegates, officers and employees; expenses. Every delegate to the convention shall receive $10 for every day that delegate is in attendance at such convention, not exceeding 3, and in addition thereto, 10 cents for each mile necessarily travelled by the delegate in making 1 round trip from the place of that […]

§ 7719. Applicability of act of Congress.

§ 7719. Applicability of act of Congress. If at or about the time of submitting any such amendment, Congress shall, either in the resolution submitting the same or by a statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states […]