CHAPTER 182

DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 57 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY".

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

Section 1. That 1745. Sec. 1. Chapter 57 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby repealed and a new Section substituted in lieu thereof, as follows:

1745. Sec. 1. For the objects and purposes hereinafter set forth, there shall be appointed, in the manner hereinafter set forth, eleven persons who shall be members of and constitute a Department of Elections for New Castle County and with the powers and duties prescribed in the Sections following.

Section 2. That 1745A. Sec. 1A. Chapter 57 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby repealed and a new Section substituted in lieu thereof to be known as 1745A. Sec. 1A., as follows:

1745A. Sec. 1A. That there shall be a Department of Elections for New Castle County which shall be composed of eleven members and shall have jurisdiction over all matters and things now vested in the Department of Elections for New Castle County as now constituted, and shall possess, enjoy and exercise all and every the rights, powers and privileges which are now held, possessed, enjoyed and exercised by the Department of Elections of New Castle County, as fully and completely as the said Department of Elections now by law is authorized so to do, and such other rights, powers and privileges as by this Act conferred, and by any law of this State now or hereafter enacted not inconsistent with the provisions of this Chapter.

Section 3. That 1746. Sec. 2. Chapter 57 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby repealed, and a new Section substituted in lieu thereof to be known as 1746. Sec. 2 as follows:

1746. Sec. 2. There shall be appointed eleven members of the Department of Elections for New Castle County, on the fifteenth day of April, 1947, and every four years thereafter on the fifteenth day of April, five members of which are to be nominated by the State Chairman of one of the two leading political parties; five members of which are to be nominated by the State Chairman of the other of the two leading political parties; and one member of which is to be nominated by the Governor. All of the members so nominated shall be appointed by the Governor as members of the Department of Elections. There shall never be more than six members of any one political party or faith. When any member ceases to hold office in the Department due to death, resignation, or for any other cause whatsoever other than the expiration of a full term, the nominating authority which originally nominated that member shall nominate a successor to fill the vacancy which nominee shall be appointed by the Governor for the residue of the term.

No person shall be eligible to appointment as a member of the said Department of Elections who is not a citizen of the United States of America and a resident of New Castle County, and who has not resided in the State of Delaware for a term of five years next preceding his appointment. No member of the Department shall hold a State or County elective office during his membership in the Department.

Each member of the said Department shall, before entering upon his duties, and within five days 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. Within 10 days of the date of their appointment, and bi-annually thereafter, the members of the said Department shall meet and organize by electing one of their members to be president of the Department and they shall at the same time elect a secretary who need not be a member of the Department. The terms of office of the president and secretary shall be two years from the date of such organization. Six members 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 this State.

Each member of the Department of Elections for New Castle County shall receive as compensation for his services a salary of $750.00 per annum. The salary of the secretary shall be fixed by the Department and shall not exceed $4500.00 per annum. The salaries of the members of the Department 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 salaries of the members and secretary shall be paid in the same manner as by law provided for the payment of officers of the City of Wilmington.

Section 4. All members of the Department of Elections and all employees thereof prior to the effective date of this Act, shall continue to be members and employees thereof, respectively, until the members of the Department of Elections as appointed under Section 3 hereof shall be appointed and qualified and shall have organized as such.

Section 5. This Act shall become effective on April 15, 1947.

Approved April 4, 1947