CHAPTER 20

ELSMERE

AN ACT TO AMEND CHAPTER 117, VOLUME 32, LAWS OF DELAWARE, ENTITLED "AN ACT TO AMEND AN ACT TO INCORPORATE THE TOWN OF ELSMERE, NEW CASTLE COUNTY, BY CHANGING THE HOURS AND METHODS OF VOTING IN TOWN ELECTIONS, AND BY PROVIDING FOR MORE THAN ONE POLLING PLACE FOR TOWN ELECTIONS."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each Branch concurring therein):

Section 1. That Chapter 117 of Volume 32, Laws of Delaware, entitled "An Act to Amend An Act to Incorporate the Town of Elsmere, New Castle County" be and the same is hereby amended by striking out that portion of the first paragraph of Section 4 thereof following the third sentence of the said Section 4 and inserting in lieu thereof, the following:

"Section 4. Said election shall be held from eight o'clock in the morning until seven o'clock in the afternoon, at such place or places as shall be determined and fixed by the Town Commissioners. At least ten days previous to such election due notice thereof, and of the time and place or places thereof, shall be given by the said Commissioners. At all such elections the votes shall be received at each polling place by three qualified voters of said Town appointed by the said Commissioners at any regular or special meeting of said Commissioners held in the month preceding said election. One of the said persons so appointed for each polling place shall be designated as the Inspector and the other two as the Judges of Election, and the three in each polling place shall be known as Officers of Election, and no such person shall be a candidate for any office at any such election while acting as such officer of election. The result of the balloting at each polling place for said officers of said Town shall be ascertained by the said Officers of Election."

Section 2. That Chapter 117 of Volume 32, Laws of Delaware, entitled "An Act to Amend An Act to Incorporate the Town of Elsmere, New Castle County" be and the same is hereby amended by striking out the fourth and fifth paragraphs' of Section 5 of said Chapter and inserting in lieu thereof the following:

"Section 5. Not less than five days prior to the date for holding such election the Town Commissioners shall cause the election ballots to be printed. Upon such ballots the names of the candidates for the offices to be filled, arranged alphabetically under each office, shall be placed, and immediately above or below each group of names, instructions as to how many to vote for, for instance 'Vote for One' or 'Vote for Two' or as many as the voter shall be entitled to vote for in any particular case. A box shall be printed in front of the name of each candidate appearing on the ballot, and the voters shall designate their choice of candidates to be voted for by placing an X in the box in front of the name of each candidate for whom it is desired to vote, provided, however, that no elector at any such election shall be allowed to vote for more candidates for any particular office (but may vote for less) than the number to be elected at said election. Defective designation of a voter's choice under the head of, one or more of such groups of candidates shall not invalidate such ballot so far as there shall appear to be a proper designation of choice in any other of said groups of candidates. The form of ballot shall be substantially as follows:

OFFICIAL BALLOT

FOR ALDERMAN (Vote for One)

FOR COMMISSIONERS (Vote for Two--or Three)

FOR TREASURER (Vote for One)

FOR ASSESSOR (Vote for One)

The method of voting shall be by placing an X, with pencil or black crayon, in the block in front of the name of the candidate to be voted for."

Approved March 22, 1951.