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.
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.]
President of City Council (Wilmington)
25
-
Qualified elector for 1 year or more
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)
Candidates
May run as
- A candidate for a major political party;
- A candidate of a minor party;
- An unaffiliated candidate, or
- A Declared Write-in candidate.
- 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.
- 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)
- Meet the qualifications for the office for which they file.
- File An Unaffiliated Candidate Declaration
- Complete Petition for Unaffiliated Candidate to Secure Ballot Status by September 1st of a general election year.
- Complete and submit a Candidate Ballot Name Form for the nominated candidate
- The nominating petition must be signed by not less than 1% of the total number of voters registered in the State as of December 31st of the year preceding the General Election (for a Statewide office) or the total number of voters registered for the district for the office sought (for a non-Statewide office).
- Comply with the State's Campaign Finance Law. (Delaware Code, Title 15, Chapter 80 and Campaign Finance Regulations)
- Meet the qualifications for the office for which they file.
- Must complete the Write-In Candidate Declaration and submit by 4:30PM on September 20th in the year of a General Election.
- Complete and submit a Candidate Ballot Name Form for the nominated candidate
- Comply with the State's Campaign Finance Law. Delaware Code, Title 15, Chapter 80
