CHAPTER 180 - CITIES AND TOWNS—SMYRNA

AN ACT TO FURTHER AMEND CHAPTER 192, VOLUME 36, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA," BY PROVIDING FOR THE QUALIFICATIONS OF NOMINEES FOR MAYOR AND MEMBERS OF COUNCIL, AND THE QUALIFICATIONS OF VOTERS AT TOWN ELECTIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of all of the members elected to each branch of the Legislature concurring therein):—

SECTION 1.—That Chapter 192, Volume 36, Laws of Delaware, as amended by Chapter 166, Volume 41, Laws of Delaware be further amended by striking out that part of the first paragraph of Section 3, as amended, which reads—"The Mayor and members of Council shall be citizens of said Town at least twenty-one years of age and the owners of real estate within said Town duly assessed in their own names on the county and town assessment lists in force when they are nominated," and by inserting in lieu thereof the following, to-wit:

"Nominees for the offices of Mayor and members of Council shall be residents of said Town at least twenty-one years of age and each nominee shall be the bona fide owner of real estate within said Town which is listed on the Kent County and/or Town of Smyrna assessment books most recently in force when nominated, and a bona fide owner of real estate shall be a person who owns a fee simple or vested life interest therein either individually, jointly with a spouse or jointly with any one or more other persons, but ownership of stock in a corporation owning real estate shall not constitute such required real estate qualification, nor shall the holding of any form of lease-hold interest in real estate constitute such required real estate qualification; but the divesting by the Mayor or any member of Council of all of his said ownership of real estate after his election shall not affect his right to continue in the office to which he was elected and for the term then elected while possessing said required real estate qualification."

SECTION 2.—That Chapter 192, Volume 36, Laws of Delaware, as amended by Chapter 166, Volume 41, Laws of Delaware, be further amended by striking out all of the third paragraph of Section 3 as amended, beginning with the words, "The Mayor and the four (4) members of Council shall be nominated and elected as follows, etc, "and by inserting in lieu thereof new third paragraph of Section 3 as amended, as follows, viz:

"The Mayor and the four members of Council shall be nominated and elected as follows, to-wit:—At least ten days before the day of election, as hereinafter fixed, nominations shall be filed with the Mayor or with any Councilman. Such nominations shall be in writing, signed by the nominee or by five other qualified voters of said Town, at least two of whom shall have the same real estate qualifications as is required of nominees for Mayor and for Council. Each nomination shall be presented to Council at a meeting to be held at its usual meeting place not later than eight o'clock P. M. on the evening of the last day for the filing of such nominations. Council shall cause to be printed ballots at least as many in number as the estimated number of residents in said Town entitled to vote at the election. Such ballots shall contain the names of all persons nominated, under headings designating the respective offices for which they are nominated and such ballots shall be delivered to the persons appointed or selected to hold the election at the opening of the polls and every qualified voter calling for a ballot shall receive the same from the persons holding the election. Voters may also prepare for themselves ballots, either printed or written, provided such ballots do not contain a name or names other than those nominated as aforesaid. Every resident of the said Town of the age of twenty-one years, or upwards, who has continuously resided within the corporate limits of the said Town for at least one year prior to the date of the election and who has paid all Town taxes theretofore assessed to him, not later than the last business day of January next preceding the date of said election, shall have the right to vote. Also persons having said required residence qualification but arriving at the age of twenty-one years after the last Appeal Day preceding the election shall also have the right to vote even if they have not been assessed and have not therefore paid any tax. And also any other person having the required residence qualification but omitted from the last Town assessment shall have the right to vote upon the payment of capitation tax for one year, without time penalty, provided said tax be paid not later than the last business day of January next preceding the date of the election. A voter shall not vote for more candidates for any office than are to be elected at the election, otherwise the entire ballot shall be void, and in voting each voter shall cross out the names of all candidates for whom the voter does not desire to vote.

Approved April 18, 1941.