CHAPTER 62

FORMERLY

SENATE BILL NO. 130

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 237, VOLUME 51, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE."

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 Section 2, Chapter 237, Volume 51, Laws of Delaware, by striking the paragraph beginning with "The Commissioners of Bridgeville may", and inserting in lieu thereof the following:

"The Commissioners of Bridgeville may, at any time hereafter, cause a survey and plot to be made of the said boundaries and may cause suitable markers to be installed at corners of offset, and the said plot, when made and approved by the Commissioners, may be recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware, and the same, or the record thereof, or a duly certified copy of said record shall be evidence in all courts of law and equity in this State."

Section 2. Amend Section 5, Chapter 237, Volume 51, Laws of Delaware, by striking the said subsection in its entirety and substituting in lieu thereof the following:

"Section 6. ELECTIONS: An election shall be held in said Town for elective officers on the first Monday of January in each year from twelve (12) o'clock noon to seven (7) o'clock in the afternoon, and at such place as shall be determined and fixed by the Town Commissioners. At least ten days previous thereto, due notice thereof shall be given by said Town Commissioners. At such election the votes shall be received by the Judge of Elections residing in said Town or by such other person as said Town Commissioners may select, and the result of the balloting for said officers shall be ascertained by him or her and two competent citizens, qualified as voters of said Town, selected by said Town Commissioners to assist in holding such election. At such election every citizen of the said Town of the age of eighteen years, or upwards shall have the right to vote. The persons who shall conduct such election as in this Act provided, shall be the Judges thereof and shall decide on the legality of the votes offered. Immediately after the election is closed, the votes shall be read and counted. The two candidates for Commissioners for the two year term who shall have the highest and next highest number of votes for such office and term shall be declared elected for the two year term and the candidate for Commissioner for the one year term shall be declared elected for such term. Immediately after such election, said persons under whose superintendence the election is held shall enter in a book to be provided for that purpose, a minute of such election containing the names of all persons who were candidates for office, designating the office for which they were candidates and showing the number of votes received by each and shall subscribe to the same and deliver said book to said Commissioners at their organization meeting. They shall also give to the persons so elected a certificate of their election. The book containing such minutes shall be preserved by the Commissioners and shall be evidence in all Courts in this State or elsewhere. No person shall be voted upon as a candidate for any of such offices unless at least one week before the date set for said election, he or she shall have filed with the Secretary or President of said Town Commissioners a letter or other certificate setting forth that he will be a candidate for a certain designated office for a like designated term, he or she being at that time a non-delinquent taxable. Immediately after the expiration of the time for filing names of candidates, said Town Commissioners shall cause the election ballots for voting machines to be prepared. Voting machines shall be used in conformity with Chapter 50, Title 15 of the Delaware Code. Upon the ballots prepared for the voting machine the names of the candidates for the offices to be filled shall be arranged alphabetically under each office. The voters shall designate their choice of candidates in accordance with the regular method of operation of voting machines.

At the town elections so as aforesaid held and at the elections held annually thereafter the voters of the Town of Bridgeville shall vote for three Commissioners, two of whom shall serve for a term of two years and one shall serve for a term of one year."

Section 3. Amend Section 19, Chapter 237, Volume 51, Laws of Delaware, by inserting after the word "person" in line three of said Section the words "or persons"; by deleting the word "Alderman" wherever it appears and inserting in lieu thereof the word "Aldermen"; by deleting the word "his" wherever it appears and by inserting in lieu thereof the word "their"; by deleting the word "fees" wherever it appears and by inserting in lieu thereof the word "salary"; and by striking the sentence that reads as follows: "His fees for any service under this Section shall be established by ordinance" and substituting in lieu thereof the following:

"Their salary for any service under this Section shall be established by the Town Commissioners."

Section 4. Amend Section 21, Chapter 237, Volume 51, Laws of Delaware, by adding the following sentence:

"The Commissioners may act, in the alternative, as their own assessor."

Section 5. Amend Section 31, Chapter 237, Volume 51, Laws of Delaware, by deleting the words "Justice of the Peace" and by inserting in lieu thereof the words "Judge of Elections".

Section 6. Amend Section 27, Chapter 237, Volume 51, Laws of Delaware, by striking the words "hereafter established within the Town of Bridgeville or" and by striking the words "its boundaries" and by inserting in lieu thereof the words "the boundaries of the Town of Bridgeville"; and by striking the word "established" following the word "are".

Approved June 1, 1973.