CHAPTER 4

FORMERLY

HOUSE BILL NO. 20

AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH" TO PROVIDE FOR VACATING AN ELECTIVE OFFICE IN THE EVENT OF BEING FOUND GUILTY OF A FELONY, TO PROVIDE TRAVEL ALLOWANCE FOR NONRESIDENT COMMISSIONERS, TO ENLARGE THE TIME FOR VOTING AT THE ANNUAL MUNICIPAL ELECTION, TO REDUCE THE AGE FOR PERSONS PERMITTED TO VOTE, AND TO PROVIDE ADDITIONAL JUDGES AT THE ANNUAL MUNICIPAL ELECTION.

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

Section 1. Section 5d, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

"d. Aside from loss of residence, as in those instances specified in Section 3 of this Charter, if any elected officer be found guilty of any felony, he shall forthwith be disqualified to act as such officer and he shall, ipso facto, vacate his elective office, which office shall be filled by the Commissioners of Rehoboth Beach as in the case of other vacancies."

Section 2. Section 5e, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding the following sentence at the end of said section :

"Each nonresident Commissioner shall receive an allowance for every mile necessarily driven from his permanent home to Rehoboth Beach in order to attend any meeting of the Commissioners of Rehoboth Beach or the meeting of any committee of which he is a member; provided, however, that no such allowance shall be paid for any meeting attended prior to September 1, 1974, said amount per mile to be the same as that permitted to be assessed by the Sheriff of Sussex County for the serving of papers."

Section 3. Section 7a, Chapter 197, Volume 54 Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

"Section 7-a. Annual Municipal Elections shall be held on the second Saturday in the month of August from 11:00 in the morning, prevailing time, until 7:00 in the evening, prevailing time, at such public place or places as shall be determined by the Commissioners of Rehoboth Beach, due notices of which shall be given by posting notices thereof in five of the most public places within the corporate limits of The City of Rehoboth Beach not less than ten (10) days before the day of such Annual Municipal Election ; provided, however, that in the event there is no contest for any of the several offices in any year, the polls shall remain open for only one hour, commencing at 11 :00 in the morning, prevailing time and closing at 12:00 noon, prevailing time, on the second Saturday in August. Persons in the polling place at 7:00 in the evening shall be entitled to vote even though such votes may be cast after 7:00 in the evening, prevailing time."

Section 4. Section 7c, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

"c. Every Annual Municipal Election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) Inspector of the Election and such Judges of the Election as shall be appointed by the Commissioners of Rehoboth Beach. The Inspector and such Judges constituting the Election Board shall he qualified voters of The City of Rehoboth Beach and shall be appointed for that purpose by the Commissioners at least two (2) weeks before such Annual Municipal Election. If, at the opening of the polls, there shall not be present the members of the Election Board, then in such case the persons qualified to vote at such Annual Municipal Election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to act as a member or members of the Election Board to fill such vacancies caused by the absence of members of the Election Board. Members of the Election Board shall be Judges of the Annual Municipal Election and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting at the Annual Municipal Election. The Election Board shall have the power to subpoena persons, and officers of The City of Rehoboth Beach and books, records and papers relative to the determination of the validity of any vote or votes offered."

Section 5. Section 7d, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

d. At such annual election, every person, male or female, who shall have attained the age of Eighteen (18) years and who shall have been a freeholder or leaseholder, as defined in this Charter, in The City of Rehoboth Beach for a period of Three (3) months immediately preceding the date of such Annual Municipal Election, whether or not a resident of the State of Delaware or of the City of Rehoboth Beach, shall have One (1) vote, provided such person is registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. In addition, every person, male or female, who shall have attained the age of Eighteen (18) years on the date of the Annual Municipal Election who shall be a bona fide resident of the State of Delaware and the City of Rehoboth Beach on the date of the Annual Municipal Election shall be entitled to One (1) vote provided such person shall be registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. The Commissioners of Rehoboth Beach shall provide Two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the office of the City Manager. The Books of Registered Voters shall contain the following information for each registerer: The names of the voters arranged in alphabetical order, the permanent address of the voter, the local address of the voter, the birth date of the voter, the date the registerer became a resident of the State of Delaware, the date the registerer became a resident of the City of Rehoboth Beach, the date the registerer became a freeholder of the City of Rehoboth Beach and other pertinent information. No person shall be registered upon the Books of Registered Voters unless such person will have acquired the qualifications to vote in the Annual Municipal Election for the year in which such person registers. A person shall only be required to register One (1) time; provided, however, that if a registered voter fails to vote in Two (2) consecutive Annual Municipal Elections in which there is a contest, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the list of registered voters and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Voters shall be maintained at the office of the City Manager and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the Office of the City Manager during the regular office hours on any day and on the day of the Annual Municipal Election by completing such forms as may be provided by The City of Rehoboth Beach.

Approved March 22, 1973.