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Delaware Code Title 14. Education § 1075. Filing of candidacy for school board member;  withdrawal of candidacy

Current as of January 01, 2026 | Updated by Findlaw Staff

(a)(1) a. No later than 4:30 p.m. on the first Friday in March, candidates for election to a board of education shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election.  If the last day of filing is a legal holiday, the last day for a person to file is the first business day next that is not a Saturday, Sunday, or a legal holiday.

b. A candidate must request the background checks required under § 209 of this title and provide proof that the background checks have been requested under § 309 of Title 31 with the notice of candidacy under paragraph (a)(1)a. of this section.

c. A candidate who files a notice of candidacy under paragraph (a)(1)a. of this section is considered a provisional candidate for election to a board of education until the Commissioner of Elections has made the determination under paragraph (a)(4)a. of this section.

(2) The State Bureau of Identification and the Department of Services for Children, Youth and Their Families must provide the results of the background checks requested by a candidate under paragraph (a)(1)b. of this section, to the Commissioner of Elections within 15 days of the candidate's request, under § 309(e)(5)a. of Title 31.

(3) Information obtained by the Commissioner of Elections under paragraph (a)(2) of this section is confidential and is not a public record under Chapter 100 of Title 29.

(4) a. The Commissioner of Elections must determine that an individual is qualified under § 209 and § 1052 of this title before the individual may be considered a candidate for election to a board of education.

b. The Commissioner of Elections must disclose the names of provisional candidates under paragraph (a)(1)c. of this section.

(5) The cost of the criminal background and Child Protection Registry checks required under paragraph (a)(2) of this section are allowed fees for placing the name of the candidate on a ballot under § 8020 of Title 15.

(b) In the event that there is only 1 candidate for the election of a school board member, the Department of Elections conducting the election shall declare the candidate elected, shall not hold an election for that seat, and shall issue a certificate of election to that candidate.

(c) A person may withdraw as a candidate by filing the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections conducting the election.

(1) If the withdrawal creates a circumstance where there is no contest for a school board seat and there are no other school board seats or questions on the ballot, the Department of Elections conducting the election shall cancel the election.

(2) If there are at least 2 remaining candidates for the office and/or there are other offices or questions on the ballot, the Department of Elections conducting the election shall, time permitting, make new ballots.

(3) If time does not permit to make new ballots, the Department of Elections conducting the election shall take such action as is possible to inform the voters at the polling place of the withdrawal.

(4) If there are 2 remaining candidates for the office and there are 7 or more days prior to the date of the election, the Department of Elections conducting the election shall mail new absentee ballots to all persons who had voted by absentee ballot or had not returned absentee ballots mailed to them.  If the replacement ballots are not returned by the close of the polls on the day of the election, the earlier ballot shall be counted.  Votes shall not be tallied for persons who have withdrawn their candidacy.

(5) Any votes cast for a person who has withdrawn as a candidate shall be considered null and void and shall not be tallied, canvassed or reported.

(d) The county Departments of Elections shall give notice of the deadline for filing as a candidate for a seat on a board of education by notices published in at least 1 newspaper with countywide circulation or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election.  The notices shall be published at least 1 time per week during the 3 weeks prior to the filing deadline.  The last publication of the aforesaid notice shall be not more than 3 days before the filing deadline.  Such notices shall plainly set forth the office or offices to be filled, the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy.

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Cite this article: FindLaw.com - Delaware Code Title 14. Education § 1075. Filing of candidacy for school board member;  withdrawal of candidacy - last updated January 01, 2026 | https://codes.findlaw.com/de/title-14-education/de-code-sect-14-1075/

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