CHAPTER 199 - FREE PUBLIC SCHOOLS ELECTION OF BOARDS OF SCHOOL TRUSTEES OF SPECIAL SCHOOL DISTRICTS

AN ACT TO AMEND CHAPTER 143 OF VOLUME 44, LAWS OF DELAWARE, ENTITLED "AN ACT PROVIDING FOR THE ELECTION OF BOARDS OF SCHOOL TRUSTEES OF SCHOOL DISTRICTS AND BOARDS OF EDUCATION OF SPECIAL SCHOOL DISTRICTS".

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

Section 1. That Chapter 71 of the Revised Code of Delaware, 1935, as amended by Chapter 143, Volume 44, Laws of Delaware, be and the same is hereby amended by striking out and repealing all of the fifth paragraph of 2643A. Section 21A. thereof and inserting in lieu thereof a new paragraph as follows, to-wit:

At least fifteen days before the day of election as herein-before fixed, nominations shall be filed with the. Clerk of the Peace in the County where the respective School Districts are located, provided, however, if said School District is located partly in Kent County and partly in Sussex County, or partly in Kent County and partly in New Castle County, whenever the principal school house or building of such School District is located in Kent County or Sussex County, nominations shall be filed with the Clerk of the Peace of the County where the principal school house or building is located, and qualified voters living in such School Districts, including those who live in such School Districts in New Castle County, shall be entitled to vote at said elections. With respect to such School Districts lying partly in Kent County and partly in New Castle County, where the principal school house or building is located in Kent County, the right and power of the Resident Associate Judges of New Castle County and/or of Kent County, if any, to appoint members of the Board of School Trustees in any such School District is hereby repealed. The said nominations shall be in writing signed by at least fifteen citizens and residents of said School District. The school election shall be by ballot and the Clerk of the Peace shall cause to be printed ballots which shall contain the names of all persons nominated which shall be entered alphabetically and without party designation. The Clerk of the Peace shall deliver or cause to be delivered such ballots to the persons appointed or selected to hold the election on or before the opening of the polls, and every qualified voter calling for a ballot shall receive one from the persons holding the election.

The present members of the Board of School Trustees of each School District partly in Kent County and partly in New Castle County and covered by this Act, shall by this Act be appointed to serve and shall act as the Board of School Trustees of such School District from and after the passage and approval of this Act until the beginning of the terms for which the members of said Board of School Trustees are duly elected. The first election of members of Boards of School Trustees of School Districts covered by this Act shall be held on the second Saturday in May, 1945. All other provisions of Chapter 143, Volume 44, Laws of Delaware, relating to Boards of School Trustees of School Districts situated wholly in Kent County or wholly in Sussex County, not inconsistent with this Act shall apply with equal force and effect to School Districts lying partly in Kent County and partly in New Castle County in which School Districts the principal school house or building is in Kent County.

Section 2. That Chapter 71 of the Revised Code of Delaware, 1935, as amended by Chapter 143, Volume 44, Laws of Delaware, be and the same is hereby amended by striking out and repealing all of the fifth paragraph of 2655A. Sec. 33A. thereof and inserting in lieu thereof a new paragraph as follows, to wit:

At least ten days before the day of election as hereinbefore fixed, nominations shall be filed with the Clerk of the Peace in the County where the respective Special School Districts are located, provided, however, if said Special School District is located partly in Kent County and partly in Sussex County, or partly in Kent County and partly in New Castle County, whenever the principal school house or building of such Special School District is located in Kent County or Sussex County, nominations shall be filed with the Clerk of the Peace of the County where the principal school house or building is located, and qualified voters living in such Special School Districts, including those who live in such Special School Districts in New Castle County, shall be entitled to vote at said elections. With respect to such Special School Districts lying partly in Kent County and partly in New Castle County, where the principal school house or building is located in Kent County, the right and power of the Resident Associate Judges of New Castle County and/or of Kent County, if any, to appoint members of the Board of Education in any such Special School District is hereby repealed. The said nominations shall be in writing signed by at least fifteen citizens and residents of said Special School District. The school election shall be by ballot and the Clerk of the Peace shall cause to be printed ballots which shall contain the names of all persons nominated, which shall be entered alphabetically and without party designation. The Clerk of the Peace of Kent County and the Clerk of the Peace of Sussex County shall deliver or cause to delivered such ballots to the persons appointed or selected to hold the election on or before opening of the polls, and every qualified voter calling for a ballot shall receive one from the persons holding the election.

The present members of the Board of Education of each Special School District partly in Kent County and partly in New Castle County and covered by this Act, shall by this Act be appointed to serve and shall act as the Board of Education of such Special School District from and after the passage and approval of this Act until the beginning of the terms for which the members of said Board of Education are duly elected. The first election of members of Boards of Education of Special School Districts covered by this Act shall be held on the second Saturday in May, 1945. All other provisions of Chapter 143, Volume 44, Laws of Delaware, relating to Boards of Education of Special School Districts situated wholly in Kent County or wholly in Sussex County and not inconsistent with this Act shall apply with equal force and effect to Special School Districts lying partly in Kent County and partly in New Castle County in which Special School Districts the principal school house or building is located in Kent County.

Approved April 20, 1945.