AN ACT TO FURTHER AMEND CHAPTER 192, VOLUME 36, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA," AS AMENDED, BY PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION TO FILL ANY VACANCY IN THE OFFICE OF THE MAYOR OF THE TOWN OF SMYRNA AND PROVIDING THE QUALIFICATIONS AND FOR THE NOMINATION OF CANDIDATES AND THE TIME, PLACE AND MANNER OF HOLDING SUCH SPECIAL ELECTION.
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 House concurring therein):
Section 1. That Section 3. of Chapter 192, Volume 36, Laws of Delaware, as heretofore amended by Chapter 166, Volume 41, Laws of Delaware and also as heretofore amended by Chapter 180, Volume 43, Laws of Delaware, be now further amended by adding a new paragraph at the end of said Section 3., as amended, which shall reads follows:
In the event of the death, resignation, disqualification, termination of residence in the Town of Smyrna or other inability of the Mayor of the Town of Smyrna to perform the duties of that office, such vacancy shall be filled by the holding of a special Town election which shall be held in 1951 not sooner than thirty (30),days after the approval of this Act by the Governor and in any other year not sooner than thirty (30) days after the office of Mayor becomes vacant through any cause as aforesaid, and such special election shall be held in 1951 not later than sixty (60) days after approval of this Act by the Governor and in any other year not later than sixty (60) days after the office of Mayor becomes vacant through any cause as aforesaid. The qualifications of candidates for the office of Mayor to be voted on at such special election and the method of nomination of candidates shall be the same as are provided in said Act for regular Town elections and the person so elected at such special election shall serve as Mayor for the period of the unexpired term of the former Mayor. Such special election shall be held in the same manner, the polls shall be open the same hours and other details of such special election shall be the same as provided for the election of a Mayor at a regular election, except that the Town Council shall cause notice of the vacancy in said office and the limit of time for the filing of nominations to be published at least once in a newspaper published in the Town of Smyrna, if there be none such, then in one published in Kent County, Delaware, prior to the time for filing nominations, and except also that notice of the time and place of the holding of such special election shall also be published in the same manner as provided for notice of nominations in at least one issue of said newspaper prior to the date of such special election, and except also that all persons qualified to vote at the last annual Town election preceding such special election and also all qualified residents who became twenty-one years of age between the time of the last annual election and such special election shall be eligible to vote at such special election whether the last Town taxes assessed to them have or have not been paid by the time of the special election and also whether such persons so becoming twenty-one years of age have or have not been listed on Town assessment and/or tax records. Any person who is a member of Council when such vacancy occurs and when such special election is held shall be eligible for nomination and election as Mayor if when so nominated and elected he has the required qualifications and he need not resign as a member of Council to be nominated or elected, but if duly elected as Mayor he shall resign as a member of Council before entering upon his duties as Mayor, and in such event the vacancy in Council so caused by his resignation shall be filled by the other members of Council for his unexpired term.
Approved June 5, 1951.