This page cites chapters, sections, and sub-sections of Delaware Code, Title 15. Chapters 30, 31 and 33 more fully explain the information listed below.

Candidate Residency Verification Requirements

Candidates filing for office under the provisions of Title 15, Chapter 31, (candidates paying a filing fee set by the respective political committee), are required to provide documentation verifying the candidate’s primary residence to the Department in order to qualify for candidacy. Please review the candidate residency requirements and required documentation. Candidate residency affidavits are available on the Department’s Forms and Publications webpage.

Qualifications for Offices
Office
Minimum Age
State Residency
Jurisdiction/District Residency
Delaware Code/Constitution Citation
U.S. Senator
30
-
9 Years (as a U.S. citizen)
U.S. Constitution; Article I, Section 3, Clause 3 [NOTE: Must be a resident of the state to which they are elected.]
Representative in Congress
25
-
7 Years (as a U.S. citizen)
U.S. Constitution; Article I, Section 2, Clause 2 [NOTE: Must be a resident of the state to which they are elected.]
Governor
30
6 Years
-
DE Constitution; Article III, Section 6 [NOTE: Also requires minimum 12 years as a US citizen/inhabitant.]
Lieutenant-Governor
30
6 Years
-
DE Constitution; Article III, Section 19 [NOTE: Section references same qualifications for office as for Governor.]
State Senator
27
3 Years
1 Year
State Representative
24
3 Years
1 Year
Clerk of the Peace
-
-
1 Year
Recorder of Deeds
-
-
1 Year
Register of Wills
-
-
1 Year
County Executive
(New Castle)
27
-
5 Years
President of County Council
(New Castle)
24
-
1 Year
County Council
(New Castle)
24
-
1 Year
County Council
(Sussex)
-
-
1 Year
Levy Court Commissioner
(Kent)
-
-
1 Year
Mayor (Wilmington)
30
-
2 Years
City Treasurer (Wilmington)
-
-
2 Years
Sec. 3-202, Sec. 3-402 Wilmington Charter
President of City Council (Wilmington)
25
-
Qualified elector for 1 year or more
City Council (Wilmington)
25
-
Qualified elector for 1 year or more

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Party Qualifications

Major political parties

  • Have at least 5% of the State's registered voters enrolled in the party on or before December 31 the year before a General Election. ( §101 (15) a)
  • Are the Democratic and Republican Parties.
  • Nominate candidates by direct primaries when two or more people file for an office. ( §3101A)
  • Set filing fees of no more than 1% of the total salary for the term of an office. ( §3103)
  • May nominate candidates for offices when no one has filed for the office. ( §3301 (d) (1))
    • By completing and submitting a completed Party Certificate of Nomination Form
    • Submitting a Candidate Ballot Name Form for the nominated candidate
    • Please submit forms for Statewide candidates to the Office of the State Election Commissioner, and for all other candidates to the county elections office for the county in which the nominated candidate is registered to vote.
  • Comply with the State's Campaign Finance Law. (Chapter 80)
    • Submit required documentation to the appropriate Department of Elections office no later than September 1st of the year of the General Election

Minor political parties

  • Have at least 1/10 of 1% of the State's total registered voters as of December 31st of the year before a General Election affiliated with the the party on or before 21 days before the Primary Election. (§3001)
  • Nominate candidates at their county nominating convention on or before August 1 in the year of a General Election. ( §3301 (e))
  • Complete and submit a completed Party Certificate of Nomination Form
  • Submit a completed Candidate Ballot Name form for the nominated candidate
  • Comply with the State's Campaign Finance Law. (Chapter 80)

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Candidates

May run as

Major party candidates

  • Meet the qualifications for the office for which they file.
  • File a notice of candidacy with the Department of Elections on or before 12 noon of the second Tuesday in July.
    • A notice of candidacy may be withdrawn by 4:30PM on the first Friday following the second Tuesday in July without forfeiture of the filing fee submitted.
  • Submit a completed Candidate Ballot Name Form for the nominated candidate
  • Pay the filing fee set by the party by check at the time he/she files.
  • Run in a Primary if other people file as candidates for the same party for the same office.
  • Comply with the State's Campaign Finance Law. (Chapter 80)
  • File a notice of candidacy.

Minor party candidates

  • Meet the qualifications for the office for which they file.
  • Must submit the party certificate of nomination to the Department within 10 business days of the minor party’s nominating convention.
  • Complete and return Party Certificate of Nomination Form
  • Submit a completed Candidate Ballot Name Form for the nominated candidate
    • May withdraw the certificate of nomination on or before 4:30 p.m. on the first Friday after the day the certificate of nomination is submitted.
  • Comply with the State's Campaign Finance Law. (Chapter 80)

Unaffiliated candidates

Declared Write-in candidates

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Elections