CHAPTER 77

AN ACT TO AMEND TITLE 14, DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS.

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

Section 1. Title 14, Section 302 (a), Delaware Code is hereby amended to read as follows:

(a) This chapter applies to all Districts in Kent, Sussex and New Castle Counties.

Section 2. Title 14, Chapter 5 is hereby repealed.

Section 3. All School Board Members who have been appointed to hold office under the provisions of Chapter 5 of Title 14, shall hold office until the expiration of their term at which time the provisions of this Act shall take effect and their successor shall be elected in accordance with the provisions of Chapter 3 of Title 14.

Section 4. Sections 1, 2 and 3 of this Act shall take effect upon the passage of this Act; provided, however, that Chapter 5, Title 14, Delaware Code is not repealed to the extent that such repeal would not be consistent with the following amendment to that Chapter.

Section 5. Chapter 5, Title 14, Delaware Code is amended by adding a new section:

§ 511. Election: Kind of School Board

Upon the petition of 500 registered voters or 30% of the registered voters within a school district, whichever is the lesser number, an election shall be held in the school district affected to determine if school board members for such district shall be appointed by the resident judge of the county in which the district is located, or shall be elected by the registered voters of the school district affected. In the event that such a petition is filed with the Department of Elections of such county at least sixty days prior to a general election, said Department of Elections shall conduct the election at the same time and in the same manner as the general election and the vote shall be by ballot on which is written or printed:

For Elected School Board ___________

Against Elected School Board ____________

NOTE: This bill became a law on June 8, 1959 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.