Getting on the Ballot
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 Criminal History Background Check Requirements
Effective January 1, 2024 and pursuant to 15 Del. C. § 3002, § 3106, § 3301, § 3402 and § 7103, all candidates for statewide office, the General Assembly, and any elected County office must request a criminal history background check from the State Bureau of Identification (“SBI”) no later than the filing deadline. NOTICE: Delaware law does not require Background Checks for Candidates for Federal Office and City of Wilmington Office. Please review the Information regarding Background Check Requirement for Candidates for Statewide Office, the General Assembly, or any Elected County Office.
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 | DE Constitution; Article II, Section 3 |
| State Representative | 24 | 3 Years | 1 Year | DE Constitution; Article II, Section 3 |
| Clerk of the Peace | - | - | 1 Year | DE Constitution; Article III, Section 11 |
| Recorder of Deeds | - | - | 1 Year | DE Constitution; Article III, Section 11 |
| Register of Wills | - | - | 1 Year | DE Constitution; Article III, Section 11 |
| County Executive (New Castle) |
27 | - | 5 Years | 9 Del. C. §1112 |
| President of County Council (New Castle) |
24 | - | 1 Year | 9 Del. C. §1142, §1145 |
| County Council (New Castle) |
24 | - | 1 Year | 9 Del. C. §1142 |
| County Council (Sussex) | - | - | 1 Year | 9 Del. C. §7002 |
| Levy Court Commissioner (Kent) |
- | - | 1 Year | 9 Del. C. §4103 |
| Sheriff | - | - | 1 Year | DE Constitution; Article III, Section 11 |
| Mayor (Wilmington) | 30 | - | 2 Years | Sec. 3-300 Wilmington Charter |
| 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 | Sec. 2-103 Wilmington Charter |
| City Council (Wilmington) | 25 | - | Qualified elector for 1 year or more | Sec. 2-103 Wilmington Charter |
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.
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
- 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)
Declared Write-in candidates
- 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
- Please note that, per Delaware Code, that Declared Write-in candidates appear only on the General Election ballot or a Special Election ballot and are not listed with a political party affiliation.
