CHAPTER 153 - GENERAL ELECTIONS TRANSFERRING DUTIES NOW PERFORMED BY SHERIFF TO DEPARTMENT OF ELECTIONS

AN ACT TO AMEND CHAPTER 62 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED, "ELECTION OF REPRESENTATIVE IN CONGRESS", BY PROVIDING FOR THE TRANSFER TO THE DEPARTMENT OF ELECTIONS FOR EACH COUNTY RESPECTIVELY, THE ELECTION DUTIES NOW PERFORMED BY THE SHERIFF OF EACH COUNTY.

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

Section 1. That Chapter 62 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 2000. Sec. 5. thereof and enacting and inserting in lieu thereof a new 2000. Sec. 5 thereof, as follows:

2000. Sec. 5. Writs of Election; by Whom Issued; to Whom and When Delivered:--The Governor shall issue Writs of Election to the Department of Elections of the several Counties, reciting the vacancy and commanding each Department of Elections to cause an election to be held in the County of each said Department of Elections on the day in said Writ mentioned, at the place by law prescribed for holding the General Election in said County, for choosing a Representative in place of him whose seat shall so have become vacant; which Writ shall be delivered to each Department of Elections at least 40 days before the day therein appointed for holding the election.

Section 2. That Chapter 62 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 2001. Sec. 6 thereof and enacting and inserting in lieu thereof a new section to be styled 2001. Sec. 6., as follows:

2001. Sec. 6. Proclamation Posted by Department of Elections:--Each Department of Elections shall, within ten (10) days after receiving such Writ, put up on the outside of the Court House door of its respective County, and also at one of the most public places in every election district in its respective County, a proclamation reciting the said Writ and requiring an election to be held pursuant thereto.

Section 3. That Chapter 62 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 2003. Sec. 8. thereof and enacting and inserting in lieu thereof a new section to be styled 2003. Sec. 8., as follows:

2003. Sec. 8. Proclamation of Special Election Delivered by Department of Elections to Inspectors; Notice by Department of Elections:--The Department of Elections shall also, upon receiving such Writ of Election, deliver such proclamation to the Inspector of each Election District in the respective Counties, who served at the preceding General Election, or if such Inspector of any such Election District be dead, removed, unable to serve or shall refuse to serve, then to the Inspector of any such Election District who shall be appointed for such Election District to fill the vacancy in such office of inspector, as prescribed in the preceding section.

Each Department of Elections shall give public notice of such election by advertisement posted in at least five of the most public places in each election district in its County, stating the day and place of the election and the officer to be chosen. In New Castle County, the Department of Elections for New Castle County upon receiving such Writ of Election, shall deliver to the Bureau of Registration for New Castle County, a copy of the said Writ, the name of each Inspector authorized to hold such election, and notice of the day appointed for holding an election pursuant to such Writ, and the said Bureau of Registration shall do and perform all the duties required of it for the holding of such election.

Section 4. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

Approved April 3, 1945.