CHAPTER 288

FORMERLY

BILL NO. 764

AN ACT TO AMEND AN ACT ENTITLED: "AN ACT TO REINCORPORATE THE TOWN OF DELMAR," AS AMENDED, AND THE MANNER OF HOLDING ELECTIONS.

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 the Charter of the Town of Delmar (Chapter 182, Volume 45, Laws of Delaware), as amended by Chapter 481, Volume 58, Laws of Delaware, by adding a new paragraph to subsection (B) of Section 6, which shall read as follows:

"When voting machines are used or to be used in an election and break down or otherwise become unusable, in whole or in part, a substitute machine from the Department of Elections may be used. If a substitute machine is not available, the Mayor shall declare the incomplete or attempted election null and void and shall; within one week, designate the date for a new election. Such new election shall be held not more than sixty days from the date of the election declared null and void. The incumbent in each office for which the attempted election was held shall remain in office until the election of a successor."

Section 2. Notwithstanding the provisions of this Act or any other statute, the Town of Delmar may, within sixty days from the enactment date of this Act, hold a reelection to substitute for any election since January 1974 which was attempted but not completed.

Approved April 4, 1974.