Delaware Code

15 Del. C. § 3116 (2026)

Fraud prosecution

✓ current as of May 2026

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Any allegation of fraud relating to a candidate or an elected official’s primary residence shall be submitted to the Attorney General for investigation and possible prosecution.

83 Del. Laws, c. 359, § 2;

Notes of Decisions

Cited in 4 cases, 1972–1975 · leading case: Opinion of the Justices, 295 A.2d 718 (Del. 1972).

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Opinion of the Justices, 295 A.2d 718 (Del. 1972). · cites it 2× “Traditionally in this State, until the recent enactment of 15 Del.C. § 3116 4 and § 5503, primary elections, like nominating conventions, were considered the special province of the political parties, to be conducted by them under party rules and regulations.”

Redfearn v. Delaware Repub. State Comm., 362 F. Supp. 65 (D. Del. 1973). · cites it 2× “15 Del.C. §§ 3116, 3107(a)(1). *69 As previously noted, the Republican State Committee used the formula provided in its Rule 2 to allocate the 220 delegates among the four Convention Districts for the 1972 State nominating convention.”

Redfearn v. Delaware Repub. State Comm., 502 F.2d 1123 (3rd Cir. 1974). · cites it 5× “§ 3107 with respect to the manner of becoming a primary election candidate for statewide office, and by the addition of 15 Del.C. §§ 3116 and 3301(c) imposing new legal obligations on political parties.”

Redfearn v. Delaware Repub. State Comm., 393 F. Supp. 372 (D. Del. 1975). · cites it 2× “…with respect to the manner of becoming a primary election candidate for statewide office, and by the addition of 15 Del.C. §§ 3116 [now § 3113] and 3301(c)' [now § 3301(e)] imposing new legal obligations on political parties. Section 3301(c) [now § 3301(e)] provides that…”

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