Delaware Code

15 Del. C. § 3303 (2026)

Time of filing certificates

✓ current as of May 2026
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(a) (1) Except as provided under paragraphs (a)(2) and (a)(4) of this section and §§ 3002(b) and 3301(e) of this title, a certification of nomination must be filed before the close of the official business day on or before September 1 of the year of any general election, as follows:

a. For statewide office, with the State Election Commissioner.

b. For nonstatewide office, with the Department office for the county in which the nominee resides.

(2) If September 1 is a Sunday or legal holiday, a certificate of nomination under paragraph (a)(1) of this section must be filed on the next official business day.

(3) A certificate of nomination must be on the form specified by the State Election Commissioner.

(4) A nominee nominated for office by a national nominating convention must be named on a certificate of nomination to be filed before 12:00 noon on the earlier of the following:

a. The Tuesday following the national nominating convention.

b. September 15 of the election year.

(b) Except as provided under §§ 3002(b) and 3301(e) of this title, to be removed from a general election ballot, a nominee must withdraw the certificate of nomination on or before 4:30 p.m. of the first Friday after the deadline for filing the certificate under subsection (a) of this section.

19 Del. Laws, c. 37, §  627 Del. Laws, c. 65, §  6;  Code 1915, §  1723;  Code 1935, §  1812;  43 Del. Laws, c. 129, §  245 Del. Laws, Sp. Sess., c. 4,, §  1;  15 Del. C. 1953, §  3303;  55 Del. Laws, c. 32456 Del. Laws, c. 433, §  158 Del. Laws, c. 258, §  1060 Del. Laws, c. 412, §  160 Del. Laws, c. 447, §  874 Del. Laws, c. 42, §  175 Del. Laws, c. 232, §  4077 Del. Laws, c. 227, §§  2, 4478 Del. Laws, c. 304, §  379 Del. Laws, c. 275, §  6382 Del. Laws, c. 170, § 1083 Del. Laws, c. 210, § 6
Notes of Decisions
Cited in 2 cases, 1971–2015 · leading case: King v. Willis, 333 F. Supp. 670 (D. Del. 1971).
King v. Willis, 333 F. Supp. 670 (D. Del. 1971). “258, approved July 10, 1971; 15 Del.C. § 3303. 6 . For example, a State Convention may authorize its State Committee (the permanent party organization) to name substitute candidates between the date of the Convention and election in the event that a nominee dies or is otherwise…”
Young (Del. Ch. 2015). · cites it 2× “McCoy 4 See Page, 1992 WL 245968 , at *3 (interpreting 15 Del. C. § 3303 regulating timing of certificates); Bartley, 1986 WL 8810 , at *7-8 (interpreting 15 Del.”
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