CHAPTER 163

AN ACT TO AMEND CHAPTER 1, TITLE 15, DELAWARE CODE, RELATING TO THE DEPARTMENTS OF ELECTIONS FOR NEW CASTLE COUNTY, KENT COUNTY AND SUSSEX COUNTY.

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

Section 1. Sections 103, 104 and 106, Title 15, Delaware Code, are hereby repealed and new sections inserted in lieu thereof to read as follows:

§ 103. Department of Elections for New Castle County; composition; appointment; terms

(a) The Department of Elections for New Castle County shall, until July 1, 1965, consist of fifteen members, and each of the two principal political parties shall be represented at all times by not less than six members. Thereafter, until August 10, 1965, the Department of Elections for New Castle County shall consist of twelve members and each of the two political parties shall be represented at all times by not less than four members. On August 10, 1965, and thereafter, the Department of Elections for New Castle County shall consist of eleven members and each of the two principal political parties shall be represented at all times by not less than four members.

(b) The members heretofore appointed by the Governor and confirmed by the Senate, and serving unexpired terms, shall continue to be members until the expiration of their terms of office as follows:

Joseph A. Panaro until July 1, 1965

William T. Chipman until July 1, 1965

William E. Cross until August 10, 1965

Woodrow Wilson Stanley until July 1, 1965

Martin Devine until October 1, 1967

Joseph F. Grabowski until October 1, 1967

Fred Heinold until October 1, 1967

Van A. Lett until October 1, 1967

William J. McClafferty, Jr., until October 1, 1967

Sigmund Schorr until October 1, 1967

Horace V. Whitlock until October 1, 1967

(c) The Governor shall appoint four additional members. The Governor shall appoint one member for a term of one year, another member for a term of two years, another member for a term of three years, and the fourth additional member for a term of four years.

(d) Upon the expiration of the term of any member of the Department his successor shall be appointed by the Governor for a period of four years, provided, however, that such member shall hold office until his successor shall be duly qualified, and provided further that the term of such successor shall commence on the date he is duly qualified. In the event a vacancy occurs in the Department from any cause, other than the expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.

(e) The members to be appointed by the Governor under sub-paragraphs (c) and (d) of this Section shall be appointed from a list of not less than three nominees for each member to be appointed, which list shall be submitted by the respective State Chairman of the political party from which the appointment must be made. The aforementioned list shall be composed entirely of nominees recommended by the New Castle County Chairman and the Wilmington City Chairman of the same political party as the State Chairman who is submitting the list. Such appointments shall be made within thirty days of the passage of this Act or within thirty days of the date the Governor receives the aforementioned list, whichever is later, in the case of appointments made pursuant to sub-paragraph (c); such appointments shall be made within thirty days of the expiration .of a full term, within thirty days of the date of any vacancy or within thirty days of the date the Governor receives the aforementioned list, whichever is later, in the case of appointments made pursuant to sub-paragraph (d). The Governor may reject all nominees on the aforementioned list and require that a new list of not less than three other nominees be submitted, provided, however, that not more than two lists shall be submitted.

§ 104. Departments of Elections for Kent and Sussex Counties; composition; appointment; term

(a) The Department of Elections for Kent County and the Department of Elections for Sussex County shall each consist of eight members appointed as provided in this section. Each of the two principal political parties shall at all times be represented by not less than three members on each Department.

(b) The members of the Department of Elections of Kent County heretofore appointed by the Governor and confirmed by the Senate, and serving unexpired terms, shall continue to be members of said Department until the expiration of their terms of office as follows:

Leon C. Donovan until May 3, 1964

James B. Mcllvaine until January 15, 1965

Mrs. Marian Smitherman until January 15, 1965

(c) The members of the department of Elections for Sussex County heretofore appointed by the Governor and confirmed by the Senate, and serving unexpired terms, shall continue to be members of said Department until the expiration of their terms of office as follows:

Joseph C. Ellis until June 13, 1964

Jacob H. Richards until June 15, 1964

Frederick A. Walls until January 15, 1964

(d) To replace the five members of each Department whose terms expired under existing law on June 30, 1963, the Governor shall appoint for the Department of Elections of both Kent and Sussex Counties two members for a term of two years each and three members for a term of four years each.

(e) Upon the expiration of the term of any member from either Department his successor shall be appointed by the Governor for a term of four years, provided, however, that such members shall hold office until his successor shall be duly qualified, and provided further that the term of such successor shall commence on the date he is duly qualified. In the event that a vacancy occurs in either Department from any cause, other than expiration of the term of a member, the Governor shall fill the vacancy for the residue of the term.

(f) The members to be appointed by the Governor under sub-paragraphs (d) and (e) of this Section shall be appointed from a list of not less than three nominees for each member to be appointed, which list shall be submitted by the respective State Chairman of the political party from which the appointment must be made. The aforementioned list shall be composed entirely of nominees recommended by the county chairman of the county in which such appointment is to be made and of the same political party as the State Chairman who is submitting the list. Appointments made pursuant to sub-paragraph (d) shall be made within thirty days of the passage of this Act or within thirty days of the date the Governor receives the aforementioned list, whichever is later; appointments made pursuant to sub-paragraph (e) shall be made within thirty days of the expiration of a full term, within thirty days of the date of any vacancy or within thirty days of the date the Governor receives the aforementioned list, whichever is later. The Governor may reject all nominees on the aforementioned list and require that a new list of not less than three other nominees be submitted, provided, however, that not more than two lists shall be submitted.

The Senate shall either confirm or reject any appointment under Sections 103 or 104 of this Chapter within ten legislative days of its receipt.

Section 2. Nothing in this Act is intended to extend, diminish or alter the presently existing term of any member of the Departments of Elections for New Castle, Kent or Sussex Counties.

Section 3. If any clause, section, sentence, paragraph or part of this Act or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act.

Section 4. This Act shall take effect upon its enactment.

Section 5. Section 106, Title 15, Delaware Code

Approved December 5, 1963.