CHAPTER 183

DEPARTMENT OF ELECTIONS FOR KENT COUNTY

AN ACT TO AMEND AN ACT TO CREATE A DEPARTMENT OF ELECTIONS FOR KENT COUNTY.

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

Section 1. That Section 1, Chapter 148, Volume 45, Laws of Delaware, 1945, be and the same is hereby amended by striking out the words "three members" and inserting in lieu thereof the words "five members".

Section 2. That Section 2, Chapter 148, Volume 45, Laws of Delaware, 1945, be and the same is hereby repealed and a new Section substituted in lieu thereof, to be known as Section 2, as follows:

Section 2. Appointment of Members; Terms of Office:--The Department of Elections for Kent County hereby established and constituted shall, from and after the effective date of this Act, consist and be composed of five members to be appointed for a term of four years as hereinafter specified, and the said five persons shall constitute and be the Department of Elections for Kent County.

Section 3. That Section 3, Chapter 148, Volume 45, Laws of Delaware, 1945, be and the same is hereby amended by repealing all of Section 3 thereof, and substituting in lieu thereof a new Section to be known as Section 3 thereof, as follows:

Section 3. Oaths; Organization:--Within ten days after the appointment of the members, as herein provided, the members shall take and subscribe the oath or affirmation prescribed by the Constitution. They shall meet and organize by electing one of their members to be president. They shall also elect a secretary, who need not be a member of the Department. The president and secretary so elected shall serve until their successors are duly elected.

Section 4. That Section 4, Chapter 148, Volume 45, Laws of Delaware, 1945, be and the same is hereby repealed and substituted in lieu thereof a new Section to be known as Section 4 thereof, as follows:

Section 4. Members; How Appointed:--There shall be appointed five members of the Department of Elections for Kent County, on or before the first day of June, 1947, and every four years thereafter on or before the first day of June, two members of which are to be nominated by the State Chairman of one of the two leading political parties; two members of which are to be nominated by the State Chairman of the other of the two leading political parties; and one member 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 three members of any one political party or faith. When any member ceases to hold office in the Department due to death, resignation or 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 the vacancy, which nominee shall be appointed by the Governor for the residue of the term.

Section 5. That Section 5, Chapter 148, Volume 45, Laws of Delaware, 1945, be and the same is hereby repealed, and substituted in lieu thereof a new Section to be known as Section 5 thereof, as follows:

Section 5. Qualifications; Organization; Terms of Officers; Salaries, How Paid:--No person shall be eligible who is not a citizen of the United States of America and a resident of Kent County, and who has not resided in the State of Delaware for a period of five years next preceding his appointment. No member shall hold a State or County elective office during his membership in the Department. Commencing with the third Monday in June, 1947, 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. Three 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 the State.

Each member of the said Department of Elections shall receive as compensation for his services a salary of $750.00 per annum; the secretary thereof shall receive such compensation for his services as shall be fixed by the Department of Elections, not to exceed the sum of $2,500.00 per annum. The salaries of the members of the Department of Elections and secretary thereof, shall be paid by the Levy Court of Kent County in the same manner as County officers are paid. The expenses of the Department shall be paid by the Levy Court of Kent County on vouchers signed by the president and secretary of the Department.

Section 6. 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 4 hereof shall be appointed and qualified and shall have organized as such.

Section 7. This Act shall become effective on June 1, 1947.

Approved April 4, 1947.