(a) Filing fees for primary election for candidates for any office of any political party shall be set in the following manner:

(1) Candidates for statewide office shall be set by the state executive committee of the respective political party;

(2) Candidates for county or countywide office and members of the General Assembly shall be set by the county executive committee of the respective political party of the county in which the contest is to be held;

(3) Candidates for municipal office for any municipality which holds its election at the time of the general election shall be set by the city executive committee of the respective political party of the city in which the contest is to be held.

(b) The filing fee shall not be greater than 1% of the total salary for the entire term of office for which the candidate is filing except for candidates who fulfill the requirements of subsections (d) and (e) of this section.

(c) The state chair, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department of the amount of the filing fee set pursuant to this section. The notification shall be no later than July 1 of each general election year.

(d) A person who establishes indigency to the Commissioner may, in lieu of the filing fee, present a nomination petition by the deadline for notification of candidacy, in a form prescribed by the State Election Commissioner, bearing the signatures, in the manner hereinafter prescribed, of 1% of the persons who, at the time such petition is presented, are registered voters in all of the election districts in which such candidate would appear on the ballot. Each person who signs a nomination petition shall sign but 1 such petition for each office to be filled, and must be a registered member of the party designated in such petition; provided however, that where there are to be elected 2 or more persons to the same office, each signer may sign petitions for as many candidates for such office, as, and no more than, the signer could vote for at the succeeding election. Each signer of such petition shall declare the signer’s street address, the date of signature and that the signer is a registered voter of the county and of the party therein named. No nomination petition shall be circulated before the year in which the election is to take place, and no signature shall be counted unless it bears a date affixed not earlier than January 1 of the year in which the election is to take place. Said nomination petition may be on 1 or more sheets, and different sheets must be used for signers who reside in different counties. If more than 1 sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively. Each sheet shall bear the affidavit of the person responsible for circulating the petition that to the best of affiant’s knowledge and belief, the signers are registered voters in election districts in which such candidate would appear on the ballot and members of the political party of the candidate.

(e) For purposes of this section, a person is “indigent” only if such person is receiving benefits under the Supplemental Security Income Program for Aged, Blind and Disabled under Subchapter XVI of Chapter 7 of Title 42 of the United States Code [42 U.S.C. § 1381 et seq.], or if the Commissioner determines that such person meets the income and resources tests for such benefits under 42 U.S.C. § 1382(a), as applied to Delaware residents. The Commissioner shall require any person who seeks to be treated as indigent under this section to provide such information under oath necessary to determine any claim of indigence, including copies of such person’s personal income tax returns and may require the person to authorize the Commissioner to receive information from banks, the Social Security Administration, credit reporting services and any other source of information as may be necessary to make the determination under this section.

(f) When submitting filing fees, the state, county chair and city chairs of each political party shall notify the State Election Commissioner and the Department whether filing fee checks are to be held in the office where the candidate will file or if they are to be turned over to the respective state, county or city chair of each political party.

15 Del. C. 1953, § 3104; 57 Del. Laws, c. 241, § 4; 57 Del. Laws, c. 567, § 18B; 58 Del. Laws, c. 519; 60 Del. Laws, c. 398, § 1; 60 Del. Laws, c. 712, §§ 3-5; 61 Del. Laws, c. 418, § 11; 69 Del. Laws, c. 244, §§ 1-3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 227, § 2; 79 Del. Laws, c. 275, § 52.