CHAPTER 240

RELATIVE TO SCHOOL BOARD ELECTIONS

AN ACT TO AMEND TITLE 14, DELAWARE CODE, ENTITLED "EDUCATION" RELATIVE TO SCHOOL BOARD ELECTIONS; LOCAL SCHOOL TAXES; LOCAL SCHOOL BONDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 309, Title 14, Delaware Code, is amended to read as follows:

§ 309. Time and place of elections

(c) The school election shall be held annually in each District on the second Saturday of May between the hours of one and eight o'clock P. M., Eastern Standard Time.

(d) All the schools in each District shall be open as polling places for their respective Districts, except that it shall not be necessary to open more than one school house on a single given site.

Section 2. § 310, Title 14, Delaware Code, is amended to read as follows:

§ 310. Election of officers

The annual school election in each District shall be conducted by the members of the School Board of the District. One member of the School Board shall serve together with two other persons chosen by the School Board as election officers in each school in the District. Where there are more schools being used for election purposes in a District than there are School Board members the School Board shall appoint as many additional election officers as shall be necessary so as to man every school in the District with three election officers. If for any reason, one or more members of the School Board are unable to serve as election officers, the School Board shall designate another person, or persons to sit in such capacity. Should the School Board fail or neglect to provide election officers at the election, the voters present, when the polls open, shall designate and appoint election officers to conduct the election.

Section 3. § 313 (b), Title 14, Delaware Code is amended by inserting the following new sentence after the second sentence thereof:

After the name of each candidate a square ______ shall be added for convenience in marking the ballots.

Section 4. § 315 (2), Title 14, Delaware Code, is amended to read as follows:

(2) Whether voter is a citizen of the United States of America.

Section 5. § 315, Title 14, Delaware Code, is amended by adding the following at the end thereof:

(5) Have you voted at any other voting place in this School District at this election?

Section 6. § 317, Title 14, Delaware Code, is amended by deleting the last sentence thereof and substituting the following:

The voter shall place a cross mark in the square ______ after the name of the candidate or candidates for whom he desires to vote.

Section 7. § 322, Title 14, Delaware Code, is amended by adding a new subsection as follows:

(c) If by resignation, death, removal, or otherwise, all the memberships of the School Board shall become vacant at the same time, the State Board of Education shall immediately call a special School Board election to be held in the District within 60 calendar days, to elect members to fill the unexpired terms. Nominations and elections held pursuant to this subsection shall be held in accordance with the provisions of this chapter.

Section 8. § 1904, Title 14, Delaware Code, is amended to read as follows:

§ 1904. Notice of election

(a) The School Board of the District in which the election under section 1903 of this title is to be held shall give notice of such election as follows:

(1) By notices posted in at least 10 public places in the District and on the door of every school house in the District at least 20 days before the day of the election; and

(2) By notices published in two newspapers of the county at least once a week for three weeks before the election, the last such publication to be not less than five days before the day of the election.

(b) The notices so posted and published shall plainly set forth the amount to be raised or the proposed rate of taxation and the purpose or purposes for the proposed additional taxes.

Section 9. § 1907, Title 14, Delaware Code, is amended to read as follows:

§ 1907. Hours of election

For an election under section 1903 of this title, the polls shall open at one o'clock P. M., Eastern Standard Time, and shall close at eight o'clock P. M., Eastern Standard Time, on the day advertised.

Section 10. § 1908, Title 14, Delaware Code, is amended to read as follows:

§ 1908. Form of ballot; method of voting

(a) For an election under section 1903 of this title, the vote shall be by ballot on which is written or printed:

For additional tax _____

Against additional tax _____

(b) The voter shall place a cross mark in the square ____ after the item for which the vote is to be cast.

Section 11. § 1912, Title 14, Delaware Code, is amended to read as follows:

§ 1912. Assessment list; poll tax

The School Board of the District in which an additional tax is to be levied shall use the assessment list of the county in which that District is located as a basis for any School District tax. There may also be added a poll tax on all persons 21 years of age and upward residing in the District of such amount as shall be determined by the Board.

Section 12. § 1917, Title 14, Delaware Code, is amended to read as follows:

§ 1917. Tax collection warrant and assessment list

(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the Board of the District shall fix the rate of taxation plus 10 per cent for delinquencies.

(b) The Board shall execute and deliver its warrant, with a duplicate of the assessment list, to the Receiver of Taxes and County Treasurer of the county or counties wherein the District is situated.

Section 13. § 1918, Title 14, Delaware Code, is amended to read as follows:

§ 1918. Collection of tax and accounting

(c) The Receiver of Taxes and County Treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes.

(d) All money so collected shall be paid to the State Treasurer and shall be deposited by him in a separate account in the depository for other school moneys to the credit of the District.

Section 14. § 1919, Title 14, Delaware Code, is amended to read as follows:

§ 1919. Deposit and disbursement of school taxes

Warrants or drafts on the said fund shall be drawn by the School Board of the District and shall be applied only for the purpose for which the levy is made.

Section 15. § 1920, Title 14, Delaware Code, is amended to read as follows:

§ 1920. Report of school tax collections and payment of collected taxes

(a) Each Receiver of Taxes and County Treasurer shall on the first day of each month make a report to the School Board of the District for which he is collecting taxes, to the State Treasurer and the State Board of Education, of all taxes collected in the previous month. The forms shall show a complete breakdown of taxes collected, such as capitation, debt service and current expenses, and such other information as may be required.

(b) Each Receiver of Taxes and County Treasurer shall not less than once each calendar month, pay over to the State Treasurer all funds collected by him for any District.

Section 16. § 2115, Title 14, Delaware Code, is amended to read as follows:

§ 2115. Assessment list; objections; posting; hearing

(a) The School Board of the District in which the tax is to be levied under section 2114 of this title shall use the assessment list of the county in which that District is located, in order to determine all the taxables of the District, the property of each taxable and the assessed value thereof. Such list shall constitute the assessment list of the District for purposes of levying a tax under section 2114 of this title.

(b) A copy of the assessment list shall be posted in some public place of the district for inspection and the School Board shall advertise such posting in at least five public places of the district, giving notice that such list is posted and where, and the day, hour and place (not less than five days thereafter) of their sitting to hear objections. Upon such hearing the Board shall make such corrections and additions as shall be right and proper.

Section 17. § 2116, Title 14, Delaware Code, is amended to read as follows:

§ 2116. Assessment, levy, and collection of taxes

(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the Board of the District shall fix the rate of taxation plus 10 per cent for delinquencies.

(b) The Board shall execute and deliver its warrant, with a duplicate of the assessment list, to the Receiver of Taxes and County Treasurer of the county or counties wherein the District is situated.

(c) The Receiver of Taxes and County Treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes.

(d) All money so collected shall be paid to the State Treasurer and shall be deposited by him in a separate account in the depository for other school moneys to the credit of the District.

(e) Warrants or drafts on the said fund shall be drawn by the School Board of the District and shall be applied only for the purpose of paying interest on said bonds and the payment of said bonds as and when the same shall fall due.

Section 18. § 2117, Title 14, Delaware Code, is amended to read as follows:

§ 2117. Report of tax collections and payment of collected taxes

(f) Each Receiver of Taxes and County Treasurer shall on the first day of each month make a report to the School Board of the District for which he is collecting taxes, to the State Treasurer and the State Board of Education, of all taxes collected in the previous month.

(g) Each Receiver of Taxes and County Treasurer shall not less than once each calendar month, pay over to the State Treasurer all funds collected by him for any District.

Approved July 3, 1957.