CHAPTER 330

AN ACT TO AMEND CHAPTER 77, VOLUME 52, LAWS OF DELAWARE, ENTITLED "AN ACT TO AMEND TITLE 14, DELAWARE CODE, RELATING TO SCHOOL BOARD ELECTIONS," BY REQUIRING THE RECEIVER OF TAXES OF NEW CASTLE COUNTY TO SUPPLY CERTAIN DATA TO THE DEPARTMENT OF ELECTIONS OF NEW CASTLE COUNTY, BY PROVIDING OPTIONAL USE OF PAPER BALLOTS IN REFENDUM, LIMITING REFENDUM TO GENERAL ELECTION IN 1960, CLARIFYING DISTRICTS WHICH MAY PETITION FOR REFERENDUM, AND ASSESSING COSTS THEREFOR.

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

Section 1. Chapter 77, Volume 52, Laws of Delaware, is hereby amended by repealing and striking out §511 as it appears in Section 5 of said Chapter 77, and by enacting and inserting in lieu thereof a new § 511 to read as follows:

§ 511. Election: Kind of school board

(a) 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 any school district whose method of selecting school board members was changed from appointment by the resident judges of New Castle County to elective by the provisions of Chapter 77, Volume 52, Laws of Delaware, to determine if school board members for such district shall be appointed by the resident judge of New Castle County or shall be elected by the voters of the school district.

(b) In the event that such petition is filed with the Department of Elections of New Castle County at least 120 days prior to the date of the general election to be held in the year 1960, said Department of Elections shall conduct the election specified in sub-section (a) at the same time and in the same manner as the general election, except that the said Department of Elections may provide for the use of paper ballots in any election

districts it deems necessary or desirable in conducting the election, and the vote shall be by ballot on which is written or printed:

For Elected School Board

Against Elected School Board

(c) If the New Castle County Department of Elections shall notify in writing the Receiver of Taxes for New Castle County, not later than 115 days prior to the date of the general election to be held in the year 1960, of the names of the school districts that have been petitioned for an election in accordance with sub-sections (a) and (b), the said Receiver of Taxes shall, not later than 90 days prior to the date of the general election to be held in the year 1960, provide and deliver to the said Department of Elections a copy of the list of all addresses of residences in such school districts, divided by school district.

(d) In the event that a majority of the registered voters in a school district voting in an election in accordance with subsections (a) and (b) vote Against Elected School Board, the vacancies on the school board of such school district shall be filled by appointment by the resident judge of New Castle County in accordance with the provisions of Chapter 5, Title 14, Delaware Code, beginning with the successor to the member of said school board whose term of office expires on June 30, 1961.

(e) The New Castle County Department of Elections may assess each school district petitioning and holding an election in accordance with sub-sections (a) and (b) a prorata share of the cost of such election, and the school board of each such district shall pay such assessment to the New Castle County Department of Elections.

NOTE: This bill became a law on June 30, 1960 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.