CHAPTER 90

AN ACT TO AMEND AN ACT BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED, "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" TO PROHIBIT THE VOTING OF OWNERS OF EXEMPT PROPERTY AT A SPECIAL ELECTION ON ANNEXATION AND CHANGING THE HOURS OF HOLDING A SPECIAL ELECTION ON ANNEXATION.

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

Section 1. Subsection (e), Section 2, Chapter 42, Volume 53, Laws of Delaware as amended, is hereby further amended by striking out all of said subsection and substituting in lieu thereof the following:

(e) At the special election, every property owner whether an individual, a partnership, or a corporation, both in the city and in the territory proposed to be annexed, shall have one (1) vote for each one hundred dollars ($100.00) of assessment as shown by the books of the city in the case of city property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed ; provided, however, that the owners of property which is exempt from the payment of taxes assessed against the property shall not be permitted to vote. Every citizen of either the city or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one vote for each two hundred ($200.00) of assessment. In the event that a person owns property both in the city and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in the city and in the territory proposed to be annexed but does not reside in either place, he may vote only in the city and not in the territory proposed to be annexed. In the event that an individual, partnership or corporation holds

a power of attorney duly executed and acknowledged and specifically authorizing the said individual, partnership, or corporation to vote at the said special election, a duly authenticated copy of the power of attorney shall be filed in the office of the city manager of the city of Seaford. Said power of attorney as so filed shall constitute conclusive evidence of the right of the said person, partnership or corporation to vote in the special election.

Section 2. Subsection (h), Section 2, Chapter 42, Volume 53, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

(h) The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom must reside and own property in the city, and at least one of whom must reside and own property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the presiding officer. Voting shall be conducted in the Municipal Building and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the city shall be deposited in the other such ballot box. The polling places shall be opened from 1 :00 o'clock P.M. prevailing time, until 5 :00 o'clock P.M., prevailing time on the date set for the special election.