CHAPTER 8

AN ACT TO AMEND AN ACT BEING CHAPTER 203, VOLUME 25, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO" BY CHANGING THE DATE OF THE ANNUAL ELECTION.

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

Section 1. Section 10, Chapter 203, Volume 25, Laws of Delaware, as amended, is hereby amended by striking out all of said Section and substituting in lieu thereof the following:

The general municipal election shall be held in the Millsboro High School located in the said Town of Millsboro on the second Saturday in June of each and every year from one o'clock until six o'clock in the afternoon, the first of said annual elections held pursuant to this Section shall be held on the second Saturday in June, A. D. 1963. On the second Saturday in June, A. D. 1963, there shall be elected two commissioners each of whom shall serve for a term of three (3) years. On the same day in 1964, there shall be elected one commissioner for a term of three (3) years. On the same day in 1965, there shall be elected two commissioners each of whom shall serve for a term of three (3) years. At each subsequent annual municipal election, the successors of those Commissioners whose terms shall have expired shall be elected to serve for a period of three (3) years; PROVIDED, HOWEVER, that those commissioners whose terms would have expired on the first Saturday in March, in the years 1963, 1964, or 1965, shall continue to serve until their successors have been duly elected and qualified in accordance with the provisions of this Section. The Commissioners shall, at least ten days before any general election, give notice of such election, together with the officers to be elected thereat, by posting notices in five or more public places in said Town. Prior to the date of the election, the Commissioners shall appoint either from the holding-over members of the Commissioners or from among the other qualified voters of the Town an inspector and two judges to act as a Board of Election. The members of the Board of Election shall decide upon the legality of the votes offered and shall keep a list of all voters thereat. At such election every citizen of said Town, who shall have attained the age of twenty-one years and shall have resided in said town one year next preceding the day of election, and is a taxable thereof, and shall have paid a town tax within twelve months prior to the day of holding said election, shall have a right to vote. But no one shall be permitted to vote who has been declared a delinquent for the year next preceding the election. Immediately after the election is closed the votes shall be publicly read and counted and the persons having the highest number of votes shall be declared duly elected and shall continue in office during the term for which they were chosen, or until their successors are duly elected. Immediately after such election, the Board of Election shall enter in a book to be provided for that purpose minutes of such election containing the names of the persons chosen; and, shall subscribe the same and give the candidates so elected certificates of their election. The book containing such minutes shall be kept and preserved by the Commissioners.

All elections shall be by ballot and the candidates who receive a plurality of the votes shall be declared to have been elected.

A failure to hold an election on an election day or the omission to execute any authority conferred by this Act shall not dissolve the corporation, but the authority of each officer shall continue until the next general municipal election.

Approved February 27, 1963.