Delaware Code

15 Del. C. § 3108 (2026)

Primary election districts; conduct of primary elections

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The Department shall, at least 2 weeks before a primary election, determine and establish primary election districts, each of which shall consist of 1 or more entire election districts in the same representative district.

The Department and the election officers shall conduct the primary elections in the same way that general elections are conducted and in accordance with the applicable provisions of this title, except that the voting machines shall be operated so that the only buttons open to each voter shall be the buttons for candidates of the party of the voter’s party affiliation as shown by the voter’s original permanent registration record.

The primary election officers and clerks shall be chosen by the Department from among the election officers and clerks selected for the general election for the election district or districts contained in the primary election district, and for each such primary election district the election officers and clerks shall be divided as equally as possible between the 2 principal parties.

20 Del. Laws, c. 393, §  23;  27 Del. Laws, c. 66, §  1;  Code 1915, §  1697;  Code 1935, §  1785;  15 Del. C. 1953, §  3109;  50 Del. Laws, c. 426, §  11;  50 Del. Laws, c. 631, §  1;  51 Del. Laws, c. 107, §  1;  52 Del. Laws, c. 87;  57 Del. Laws, c. 567, §  17;  70 Del. Laws, c. 506, §  1;  79 Del. Laws, c. 275, §  54; 
Notes of Decisions
Cited in 1 case, 1974–1974 · leading case: Redfearn v. Delaware Repub. State Comm., 502 F.2d 1123 (3d Cir. 1974).
Redfearn v. Delaware Repub. State Comm., 502 F.2d 1123 (3d Cir. 1974). “15 Del.C. § 3108. Prior to 1969 the method of becoming a party candidate was both simple, and from the point of view of state involvement, neutral.”
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