CHAPTER 122 - DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 57 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED BY CHAPTER 115, VOLUME 42, LAWS OF DELAWARE, IN REFERENCE TO THE DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY, RELATING TO THE TERM OF OFFICE AND SALARY OF THE SECRETARY OF SAID DEPARTMENT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 57 of the Revised Code of Delaware, 1935, as amended by Chapter 115, Volume 42, Laws of Delaware, be and the same is hereby further amended, by striking out the period, and inserting a comma, immediately after the word "Secretary", as it appears in the fourteenth line of the third paragraph of 1746. Sec. 2., of said Chapter 57, as amended, as aforesaid, and adding immediately after such inserted comma, in said fourteenth line of said third paragraph of 1746. Sec. 2., as aforesaid, the following:

"who shall serve during the pleasure of the said Department." The said third paragraph, when so amended as aforesaid, to read as follows:

When any vacancy occurs in said Department for any cause, other than expiration of a term, the Governor aforesaid shall fill the vacancy by appointment for the residue of the term; provided, that each of the two principal political parties shall at all times be represented by at least two members of the Department. Each of said members shall, before entering upon his duties, and within one month from the time of his appointment, take and subscribe and file in the Office of the Clerk of the Peace of New Castle County, the oath or affirmation prescribed by the Constitution. Commencing on the fourth Monday of April A. D. 1939, and biennially thereafter, the members of the Department of Elections for New Castle County shall meet and organize said Department by electing one of their members to be President of the Department; and they shall at the same time elect a Secretary, who shall serve during the pleasure of the said Department. The term of office of the President shall be two years from the date of such organization. Five members shall be sufficient for the purpose of organization, and shall constitute a quorum for the transaction of business. The said Department shall have power to make rules for its government, not inconsistent with the Constitution and Laws of the State.

Section 2. That Chapter 57 of the Revised Code of Delaware, 1935, as amended by Chapter 115, Volume 42, Laws of Delaware, be and the same is hereby further amended, by adding between the word "be" and the word "three", as they appear in the third line of the fourth paragraph of 1746. Sec. 2., of said Chapter 57, as amended, as aforesaid, the following:

"fixed by the said Department, but shall not exceed the sum of"

The said fourth paragraph, when so amended as aforesaid, to read as follows:

Each member of said Department of Elections shall receive as compensation for his services, a salary of five hundred dollars per annum; the salary of the Secretary shall be fixed by the said Department, but shall not exceed the sum of three thousand dollars per annum. The salary of the members of the Department of Elections and the Secretary thereof shall be. paid by the Levy Court of New Castle County in the same manner as county officers are paid; provided, however, in every year in which a Municipal Election is held in the City of Wilmington, the salary of the members and of the Secretary, shall be paid in the same manner as by law provided for the payment of officers of the said City of Wilmington.

Section 3. That all acts or part of acts inconsistent with the provisions or any of the provisions of this act are hereby repealed to the extent of, and only to the extent of such inconsistency.

Approved May 8, 1941.