AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO SPECIAL ELECTIONS FOR GENERAL ASSEMBLY.

Like House Bill No. 183, House Substitute No. 1 for House Bill No. 183 (Substitute) provides for special primary elections when there are special elections for vacancies in either house of the General Assembly. This Substitute differs from HB 183 because there is only 1 writ of election and this writ includes the dates for both the special primary election and the special general election. Under this Substitute, the procedure for special elections to fill a vacancy in the General Assembly is as follows: • The writ of election (writ) must be issued within 5 days of the creation of the vacancy and must provide the date of the special primary election, the date of the special general election, and the deadlines for candidates to file and withdraw. • The date of the special primary election must be between 35 and 40 days after the date of the writ and the date of the special general election must be between 35 and 40 days after the date of the special primary election. • If the special primary election is not necessary, the State Election Commissioner will provide notice in the same manner as when there is no contest for a regular primary election under § 3105 of Title 15. • Candidates have 5 days to file and must schedule the appointment necessary for a criminal history background check no more than 24 hours after the filing deadline. Like HB 183, this Substitute shortens the time between some steps in the current process. Under this Substitute, the special general election will only be between 35 and 40 days later than when the special election is held under current law. These time periods accommodate 10 days of early voting before the day of each special election and are feasible with current technology and practices. Early voting and absentee voting requirements and procedures remain the same as for regular elections. In addition, this Substitute modifies the procedure for special elections during a year with a general election. These modifications are