CHAPTER 563

FORMERLY SENATE

BILL NO. 696

AN ACT TO AMEND CHAPTER 11, TITLE 9 OF THE DELAWARE CODE, RELATING TO THE GOVERNMENT OF NEW CASTLE COUNTY.

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

Section I. Section 1147, Title 9, Delaware Code, is amended by striking subsections (c) and (d) thereof and inserting the following:

(c) When a Council seat becomes vacant for any reason, the vacancy shall be filled in the following manner:

a. The President of County Council shall forthwith notify the County Executive of the vacancy.

b. Within two weeks after receipt of such notice, the County Executive shall fill the vacancy by appointment of a person who shall meet all the qualifications for the Council seat and shall be registered as a member of the same political party as the Councilman whose seat became vacant.

c. The appointee shall serve until a successor is elected and takes office as provided in subsection (d).

(d) If the vacancy referred to in subsection (c) above occurs more than thirty (30) days prior to the date of a primary election preceding a general election, a successor shall be elected at the general election next succeeding the occurrence of the vacancy. If the vacancy occurs within the period beginning thirty (30) days prior to the date of a primary election and ending with the date of the general election, the Department of Elections shall call a special election to elect a successor, the special election to be held not later than sixty (60) days following the general election. The successor so elected shall immediately upon certification of election take office and shall serve until the expiration of the term.

Approved July 21, 1972