CHAPTER 520

FORMERLY SENATE SUBSTITUTE NO. 1

FOR SENATE BILL NO. 761

AN ACT TO AMEND CHAPTER 41, PART IV, TITLE 15 OF THE DELAWARE CODE RELATING TO THE QUALIFICATIONS OF CANDIDATES FOR ELECTIVE OFFICE.

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. Amend Chapter 41, Part IV, Title 15 of the Delaware Code, by adding thereto a new section, to be designated as § 4101, which new section shall read as follows:

§ 4101. Residency requirements for candidates

The residency requirements for candidates for elective office shall be as set forth in the municipal charter, State statute or State Constitution governing the qualifications of candidates for elective office in the city, county, area or district in which the candidate proposes to seek elective office. Instances where a Court has declared a residency requirement to be unconstitutional and until such time as a new residency requirement becomes effective, no person may be a candidate for elective office unless such person has been a resident of the city, county, area or district for a period of at least one year prior to seeking elective office.

Approved July 11, 1972.