CHAPTER 172

MIDDLETOWN SCHOOL ELECTION OF SCHOOL TRUSTEES

AN ACT PROVIDING FOR THE ELECTION OF BOARD OF SCHOOL TRUSTEES OF MIDDLETOWN SCHOOL DISTRICT.

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, be and the same is hereby further amended by repealing (but only insofar as the same shall apply to the School District of Middletown, Delaware, New Castle County) the following Section thereof: 2643. Sec. 21.

Section 2. That Chapter 71 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by adding after 2643. Sec. 21. of said Chapter the following new Section, to be known as 2643B. Sec. 21B., as follows:

2643B. Sec. 21B. In the Middletown School District in New Castle County, as at present constituted, there shall be a Board of School Trustees who shall be representatives of the State Board of Education in said School District, and shall exercise the powers granted to Trustees by this Chapter. The said Board of School Trustees of Middletown School District shall be composed of four members, who shall, be citizens of the State of Delaware and residents of the said School District. The Board of School Trustees shall be elected from the residents of the Middletown School District by the qualified voters of that District at the annual election, which shall be held on the second Saturday in May, between the hours of one and five o'clock in the afternoon. The present Board of School Trustees of Middletown School District, shall, by this act, be appointed to serve, and shall act as the Board of School Trustees of said School District from and after the passage hereof, until the Board of School Trustees are duly elected and qualify; and that after the annual election held on the second Saturday of May, 1947, after the passage of this Act, four members of the Board of School Trustees in the Middletown School District shall be elected, one of whom shall be elected for one year, one for two years, one for three years and one for four years from the first day of July next succeeding their election; and the person receiving the highest number of votes shall be elected for the term of four years; the person receiving the next highest number of votes, for a term of three years; the person receiving the third highest number of votes, for a term of two years; and the person receiving the fourth highest number of votes, for a term of one year. At each annual election thereafter, the successor of every member of the Board of School Trustees in the Middletown School District shall be elected by the qualified voters of said School District for a term of four years from the first day of July next succeeding their election and until their respective successors qualify.

In the event that there are not any nominations filed for the members of the Board of School Trustees in the Middletown School District, as hereinafter provided, and an election of Board of School Trustees is not held in the Middletown School District on the second Saturday of May, 1947, after the passage of this Act, the present Board of School Trustees in said School District shall, by this Act, be appointed to serve and shall act as the Board of School Trustees for the following term, until the second Saturday in May, 1948, at which time there shall be an election as provided for above, and there shall be elected four members of the Board of Trustees for the terms as provided for above.

The annual school election in the Middletown School District shall be conducted by members of the Board of School Trustees of 'said District. The Chairman of the Board of School Trustees of the Middletown School District shall preside at the election and two other members of the said Board shall be in charge of the election. Provided, that if, for any reason, one or more of the Board members should be unable to serve as election officers, the said Board of School Trustees shall designate another person or persons, to sit in such capacity, and provided further, that should the Board of School Trustees of said School District fail or neglect to provide election officers at such election, the voters present, when the polls open, shall designate and appoint election officers to conduct the election in such School District. A school election shall be held in the principal school house in the said Middletown School District.

At least twenty days before an election as hereinbefore fixed, the Clerk of the -Peace of New Castle County shall cause to be published in at least two newspapers published within the County, notice of said School District election, stating the offices to be filled, the date when the nomination shall be filed, and the date and place of said School District Election. The Clerk of the Peace of New Castle County shall also cause like notices to be posted in at least three public places in said School District.

At least fifteen days before the date of the election, as hereinbefore fixed, nominations shall be filed with the Clerk of the Peace of New Castle County. The said nomination shall be in writing signed-by at least fifteen citizens and residents of the 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.

Every person desiring to vote at said election shall have all the qualifications as provided for by Article 17 of this Chapter. The voters shall not vote for more candidates than are to be voted for at the election, and in voting shall cross out the names of all candidates which he or she does not desire to vote for. Upon the close of the election, the votes shall be read and counted publicly, and the persons having the highest number of votes for each office shall be decreed duly elected to the offices for the term stated. In case of a tie, the persons holding the election shall, by majority vote, decide which of the candidates so tied shall be elected.

The Election Board shall enter in a book to be provided for that purpose, a minute of the election, containing the names of the persons voting, the names of the persons chosen, shall subscribe the form, and shall give to the persons elected certificates of election, which book, containing such minutes, shall be preserved by the Board of School Trustees of said School District, and it shall be evidence in any Court of Law and Equity. All ballots cast and the records of the election shall be preserved in the custody of the election Board for a period of ten days. The ballots and other needed election supplies shall be provided by the Clerk of the Peace and paid for by the Levy Court of New Castle County, inch ding the costs of publication and notices.

A vacancy on a Board of School Trustees for any cause shall be filled by the remaining members of the Board of School Trustees for the unexpired term. Any member ceasing to be a resident of his respective School District, his office, thereupon becomes vacant.

Approved April 4, 1947.