CHAPTER 449

AN ACT TO AMEND TITLE 9, CHAPTER 65, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF SANITARY AND WATER DISTRICTS AND QUALIFICATIONS FOR VOTERS.

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

Section 1. Section 6503, Title 9, Delaware Code, is amended by striking the word, "residents" and the word "residing" as the same appear in the first sentence thereof.

Section 2. Section 6506 (a), Title 9, Delaware Code, is amended by striking the words "residing within the boundaries" as the same appear in the first sentence thereof.

Section 3. Section 6506 (d), Title 9, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

(d) The election shall be managed and the votes canvassed as may be prescribed by the Levy Court. All persons who are "voters" as defined in section 6519 of this Title shall be eligible to vote in the election.

Section 4. Chapter 65, Title 9, Delaware Code, is amended by adding thereto a new section 6519, to read as follows:

§ 6519. Definitions; voters

(a) Notwithstanding any other provisions of Title 9, Delaware Code, for the purposes of this Chapter the terms "voter", "voters", "legal voters", and "elector" shall be deemed to include all the following persons:

(i) persons whose principal place of abode has been within the proposed sanitary and water district for at least six (6) months immediately preceding the date of the election or the date of the petition, whichever is applicable;

(ii) persons who own real estate in the proposed sanitary and water district on the date of the election or the date of the petition, whichever is applicable, regardless of where they reside, unless such real estate is subject to a lease described in subparagraph (iv) of this section;

(iii) corporations which own real estate in the proposed sanitary and water district on the date of the election or the date of the petition, whichever is applicable, unless such real estate is subject to a lease described in subparagraph (iv) of this section;

(iv) each leaseholder holding land under a valid lease in which the original term is specified not less than ten (10) years and whose lease is recorded in the office of Recorder of Deeds in and for Sussex County and who has erected upon his or her leasehold an improvement having an assessed valuation of at least $1,000 on the date of the election or the date of the petition, whichever is applicable, but in no case shall there be more than one vote per lease.

(b) No person or corporation shall be entitled to more than one (1) vote in any election.

(c) Jointly or severally owned real estate shall be entitled to only one (1) vote.

(d) The President or Vice President of a corporation shall exercise the vote on behalf of the corporation, provided that such President or Vice President exhibits a notarized resolution of the corporation authorizing him to cast such vote.

Approved May 20, 1970.