CHAPTER 65

FORMERLY

HOUSE BILL NO. 161

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 302, VOLUME 49, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF FENWICK ISLAND, DELAWARE", RELATING TO ELECTIONS; NOMINATIONS TO ELECTIVE OFFICES; QUALIFICATIONS OF VOTERS AND MEETINGS OF THE TOWN COUNCIL.

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. Amend Section 6 of Chapter 302, Volume 49, Laws of Delaware, by striking therefrom the following:

"2:00 o'clock p.m. and 4:00 o'clock p.m. (Eastern Standard Time)" and substitute in lieu thereof : "1 :00 p.m. and 5 :00 p.m."

Section 2. Amend Section 6 of Chapter 302, Volume 49, Laws of Delaware, as amended, by striking the word "thirty" as the same appears in the last sentence thereof and substituting in lieu thereof the word "fifty".

Section 3. Amend Section 7 of Chapter 302, Volume 49, Laws of Delaware, by striking the word "ten" as the same appears in the first sentence thereof and substitute in lieu thereof the figure "thirty".

Section 4. Amend Section 7 of Chapter 302, Volume 49, Laws of Delaware, by striking the last sentence of said section beginning with the words "The Town Council" and ending with the word "election" and substitute in lieu thereof a new sentence to read as follows :

"Voting machines shall be used in town elections; however in the event no contest exists in a town election voting machines shall not be required. The town shall be authorized and empowered to utilize the voting machines in the custody of the Department of Elections of Sussex County in which they are located upon the payment by the town of all costs and expenses incidental to their use."

Section 5. Amend Section 7 of Chapter 302, Volume 49, Laws of Delaware, by adding thereto a new paragraph to read as follows :

"Any qualified voter may cast his vote by absentee ballot if he is unable to appear at the polling place because of being:

(1) In the public service of the United States or of this State; or

(2) In the Armed Forces of the United States or the Merchant Marine of the United States, or attached to and serving with the Armed Forces of the United States in the American Red Cross, Society of Friends, or United Service Organization; or

(3) Unavoidably absent from the Town of Fenwick Island on the day of the annual municipal election ; or

(4) Sick or physically disabled.

The Town Council shall make fair and adequate provision for casting of such ballot and notice thereof shall be included in the posted and printed notice calling for such election."

Section 6. Amend Section 9 of Chapter 302, Volume 49, Laws of Delaware, by striking the words "and against whose property there are no unpaid tax of the Town on the assessment list, twenty-one years" and substitute in lieu thereof the words "eighteen years".

Section 7. Amend Section 12 of Chapter 302, Volume 49, Laws of Delaware, as amended, by striking the first sentence thereof and substitute a new sentence to read as follows :

"The Town Council shall hold at least ten regular meetings per year within the town at such times and places as may be designated by the Council."

Approved June 1, 1973.