Delaware Code

15 Del. C. § 3161 (2026)

Voting procedure [Effective upon fulfillment of 85 Del. Laws, c. 63, § 14(f)]

✓ current as of May 2026
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(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration record whether the voter’s party affiliation is the same as the party holding the primary election, and, if they are not the same, the voter shall not be permitted to vote in the primary election.

(b) [Repealed.]

20 Del. Laws, c. 393, §  2022 Del. Laws, c. 285, §  327 Del. Laws, c. 66, §  1;  Code 1915, §  1694;  40 Del. Laws, c. 142, §  8;  Code 1935, §  1782;  45 Del. Laws, c. 150, §  7;  15 Del. C. 1953, §  3161;  50 Del. Laws, c. 426, §  551 Del. Laws, c. 107, §  557 Del. Laws, c. 567, §  2383 Del. Laws, c. 71, § 385 Del. Laws, c. 63, § 14(d)
Notes of Decisions
Cited in 1 case, 1973–1973 · leading case: Redfearn v. Delaware Repub. State Comm., 362 F. Supp. 65 (D. Del. 1973).
Redfearn v. Delaware Repub. State Comm., 362 F. Supp. 65 (D. Del. 1973). “15 Del.C. § 3161. The Republican State Convention in even numbered years nominates Republican candidates for National and Statewide offices which are to be filled at the General Elections occurring in November of those years.”
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