(a) The Reports Appeals Subcommittee of the State Board of Elections is established to hear and determine appeals of decisions made by the State Election Commissioner under § 8044 of this title.
(b) The Subcommittee consists of 6 members of the State Board of Elections.
(1) The Board shall vote annually to select Subcommittee members.
(2) Subcommittee members serve at the pleasure of the Board.
(3) The Board Chair shall annually select 2 of the 6 Subcommittee members to serve as Subcommittee Chair and Co-Chair.
a. The Subcommittee Chair shall represent 1 of the 2 principal political parties and the Subcommittee Co-Chair shall represent the other of the 2 principal parties.
b. The principal political party represented by the Subcommittee Chair and Co-Chair shall rotate annually.
(4) Each of the 2 principal political parties shall have equal representation on the Subcommittee.
(5) If an absence or vacancy on the Subcommittee results in 1 principal political party having greater representation than the other at a meeting, a member of the other principal political party may not vote until there is no longer an absence or vacancy. The Board Chair shall select which Subcommittee member may not vote under this subsection.
(c) Each Subcommittee member shall receive a $50 stipend for each Subcommittee meeting, but no member may receive more than $250 in any calendar year.
(d) A majority of the members serving on the Subcommittee constitutes a quorum to conduct official Subcommittee business. If a member may not vote under paragraph (b)(5) of this section, a majority of the members who may vote constitutes a quorum.
(e) If a vote by the Subcommittee on a matter unrelated to an appeal, such as the approval of meeting minutes or the election of the new Chair, results in a tie, the Chair may vote a second time to break the tie. If a vote by the Subcommittee related to an appeal results in a tie, the determination shall go in the favor of the person who filed the appeal.
(f) The Subcommittee shall conduct appeals hearings as established in section § 8044 of this title.
(g) The Department shall provide administrative staff and resources to the Subcommittee.
80 Del. Laws, c. 394, § 3.
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