Delaware Code Title 15 Sec. 3114 – Candidate residency requirements
(a) Each candidate shall provide the Commissioner of Elections with the following information and documentation:
(1) A notarized affidavit, in a form approved by the Commissioner signed by the candidate, verifying the candidate’s primary residential address. This affidavit shall state it is being signed by the candidate under penalty of perjury.
(2) Proof of home ownership as evidenced by:
a. A copy of a deed to the candidate’s primary residence,
b. A mortgage payment billing statement verifying the address, or
c. Any other document verifying home ownership for the candidate’s primary residence.
d. If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the owner entity verifying that the candidate is living in the home.
(3) a. If the candidate’s primary residence is rented or leased by the candidate, the candidate must provide proof of residency by providing a signed copy of a current and legally-enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing their notice of candidacy, the candidate must provide a letter, dated within 30 days of filing the notice of candidacy from the property manager or property owner verifying that the candidate is continuing to reside in the residence.
b. If a candidate is primarily residing at a residence without a lease or rental agreement and the candidate’s name does not otherwise appear in the proof of home ownership, the candidate must have the property manager, or property owner sign an affidavit, in a form approved by the Commissioner of Elections, verifying the candidate’s residency in the property.
(4) a. A copy of any currently valid Delaware motor vehicle registration in the candidate’s name showing the candidate’s address.
b. A copy of a current valid Delaware driver’s license in the candidate’s name showing the candidate’s address.
c. If the residential address on either the driver’s license or the motor vehicle registration is different from the candidate’s primary residential address, the candidate must provide documentation from the Delaware Division of Motor Vehicles that the driver’s license or motor vehicle registration is in the process of being changed to the candidate’s primary residential address.
d. If a candidate does not own a motor vehicle or does not have a currently valid Delaware driver’s license, the candidate must submit any other Delaware-issued identification showing the address on the identification is consistent with the address of the candidate’s primary residence.
e. If the candidate has no documentation required under this paragraph (a)(4), the candidate must submit a utility bill in the candidate’s name showing the candidate’s address.
Terms Used In Delaware Code Title 15 Sec. 3114
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) (1) Failure to provide the documents required by this section on or before the deadline to file a notice of candidacy will disqualify a candidate from meeting the residency requirement to be a candidate.
(2) Wilfully submitting false, forged, or altered documents; or coercing, or unduly influencing persons providing affidavit documents will, in addition to any other legal remedy available for such fraudulent act, disqualify a candidate from being a candidate.
(c) (1) The Commissioner shall, within 7 calendar days from the filing of a notice of candidacy and submission of documents, review and verify all documents submitted under this section to confirm the candidate’s primary residential address and that the address is located in the area the candidate seeks to represent. The Commissioner shall advise the candidate in writing of the results of this review.
(2) If the Commissioner determines that there are deficiencies in the documents or that there are missing documents, the Commissioner shall advise the candidate in writing what the deficiencies are or what documents are missing. The candidate will have until the closing date for filing a notice of candidacy or 7 calendar days from the Commissioner’s letter, whichever is later, to cure the deficiencies or submit missing documents.
(3) If the candidate fails to cure the deficiencies or submit the missing documents within the time limits of this section, the Commissioner will provide a letter to the candidate advising him or her of the failure to meet the requirements of this section and their ineligibility to be a candidate.
(4) If the candidate cures the deficiencies and submits any missing documents, the Commissioner shall advise the candidate in writing that the requirements of this section have been met.
(d) An incumbent elected official who wants to be a candidate for reelection and who has not relocated to a new primary residence after previously complying with this section, shall comply with this section by providing a copy of their current Delaware driver’s license or Delaware identification card and an affidavit stating they have not relocated and all previously supplied documents and information remain true and correct.
(e) For the purposes of this section:
(1) “Commissioner” means the Commissioner of Elections.
(2) “Primary residence” or “primary residential address” means the candidate resides at that address.