CHAPTER 479

FORMERLY HOUSE BILL NO. 933 AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND THE CITY CHARTER OF THE CITY OF NEWARK, DELAWARE.

WHEREAS, it is deemed advisable that the Charter of the City of Newark, adopted pursuant to the provisions of Chapter 8, Title 22, Delaware Code, and as thereafter amended, be in certain respects further amended and revised;

NOW, THEREFORE,

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

Section 1. Amend Article 1, Section 104, Districts, by deleting the words "as follows" in the first sentence and by inserting a period after the word "districts" in the first sentence. Further amend Article 1, Section 104, by striking sections 104.1, 104.2, 104.3, 104.4, 104.5, and 104.6.

Section 2. Amend Article 1, Section 104.7, Reapportionment, by changing the number of said section to 104.1 and by deleting therefrom Item 2 in its entirety; and by renumbering Items 3 and 4 to Items 2 and 3.

Section 3. Amend Article .III, Section 303, Qualifications for Council, by deleting in its entirety the first paragraph and by substituting in lieu thereof a new first paragraph as follows:

Any qualified voter of the City of Newark who, for a period of at least fifteen (15) years next preceding his election, has not been convicted of a felony, as that crime is designated by the State of Delaware, and who has resided in the City for at least one year next preceding his election shall be eligible to hold the office of Mayor or Councilman; provided that "qualified voter" as used herein shall mean a person who is a registered voter at the time his nominating petition is filed.

Section 4. Amend Article III, Section 304, Election and Term of Office, by deleting subsection 304.1 in its entirety and substituting in lieu thereof the following:

304.1 Election of Mayor

Commencing with the Mayoralty election in April, 1974, the Mayor shall be elected for a three-year term by the qualified voters of the City at large.

Section 5. Amend Article III, Section 304, Election and Term of Office, by deleting subsection 304.4 in its entirety and substituting in lieu thereof the following:

304.4 Term of Office

The Mayor shall be elected for a term of three years and Councilmen shall be elected to serve a term of two years, all effective with the Organization Meeting following their election.

Section 6. Amend Article III, Section 306, Vacancies and Forfeiture of Office, by deleting from the second parpagraph thereof the words "or moral turpitude". Further amend Article III, Section 306, by adding after the word "felony" the words "as that crime is designated by the State of Delaware". Further amend Article III, Section 306, by deleting the third paragraph thereof in its entirety. Further amend Article III, Section 306, by deleting the first sentence in the fourth paragraph in its entirety and substituting in lieu thereof a new first sentence as follows:

In case of a vacancy for any cause, either in Mayor or a member of Council, the Council, by a majority vote of all its members, shall appoint a qualified person to fill the vacancy until the next regular election of the City of Newark, regardless of the district; at which time, the vacancy shall be filled by election for the unexpired term, if any,

Section 7. Amend Article IV, Section 407.2 Method of Borrowing Money, by deleting the last two sentences therefrom and substituting in lieu thereof the following:

owning property in the City of Newark and who is not otherwise a qualified voter and each corporation owning property in the City of Newark shall be entitled to one vote under this Section.

Section 8. Amend Article X, Section 1001, Council Nominations, by deleting the first word "All"; further amend Article X, Section 1001, by deleting from the first paragraph the words and figures "between the hours of 9:00 A.M. and 5:00 P.M." and substituting in lieu thereof the words "during normal business hours as provided for by ordinance"; further amend Article X, Section 1001, by adding in the second paragraph after the word "forthwith" the words "by a member of the Board of Election".

Section 9. Amend Article X, Section 1002.1 Voting Qualifications, by deleting from the first paragraph the words "and who has been domiciled in the State of Delaware for at least one year and in the City for at least three months"; and substituting in lieu thereof the words "and who has been domiciled in the City not less than thirty days."

Section 10. Amend Article X, Section 1002.2, Election Officers, by deleting from the first sentence the word "three" and by substituting in lieu thereof the words "not less than five nor more than seven".

Section 11. Amend Article X, Section 1002.3, Absentee Voting, by deleting said section in its entirety and substituting in lieu thereof a new section as follows:

1002.3 Absentee voting

The Council shall prescribe by ordinance for absentee registration and for the casting of absentee ballots by qualified voters unable to be at the polls at any election or referendum.

Section 12. Amend Article X, Section 1002.4, Polling Places and Regulations, by deleting from the first sentence the words and figures "from 7:00 A.M. until 7:00 P.M." and substituting in lieu thereof the words "not less than twelve (12) hours as provided for by ordinance".

deleting said section in its entirety and inserting in lieu thereof a new Section 1002.5 as follows:

1002.5 Voting Machines

Voting machines shall be used at all municipal elections and shall be so constructed as to permit the voter to vote for the candidates duly nominated pursuant to the provisions of this Charter or to write in the name of any candidate of his choice for any office. The official ballots provided for municipal elections shall contain the names of all nominees for the office of Mayor, listed alphabetically under a heading reading, 'NOMINEES FOR MAYOR'. There shall be separate headings on the ballot reading `NOMINEES FOR COUNCIL DISTRICT (No.)', and the names of the nominees for each district listed alphabetically under such headings.

Section 14. Amend Article X, Section 1002.1, Voting Qualifications, by adding thereto a new paragraph to read as follows:

The Council shall provide by ordinance for the appeal of anyone who seeks to register as a qualified voter but who has been denied such registration by the Board of Elections. The appellate body shall be designated as the Registration Appeal Board and shall consist of three (3) members, not Councilmen or members of the Election Board, appointed by the Council.

Approved June 30, 1972.