CHAPTER 126

FORMERLY

HOUSE BILL NO. 231

AN ACT TO AMEND AN ACT, BEING CHAPTER 196, VOLUME 22, LAWS OF DELAWARE, ENTITLED "AN ACT TO AUTHORIZE THE COMMISSIONERS OF LEWES TO APPOINT A BOARD OF PUBLIC WORKS FOR THE TOWN OF LEWES WHICH SHALL ESTABLISH, CONTROL AND REGULATE AN ELECTRIC LIGHT PLANT, WATER WORKS, AND A SEWER SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD, AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS" AS AMENDED, TO ESTABLISH QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE BOARD OF PUBLIC WORKS AND TO ESTABLISH QUALIFICATIONS OF VOTERS AT THE ELECTION OF MEMBERS TO THE BOARD OF PUBLIC WORKS.

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

Section 1. Section 1, Chapter 196, Volume 22, Laws of Delaware, as amended by Chapter 281, Volume 55, Laws of Delaware, is hereby further amended by striking out all of Section 3, Chapter 281, Volume 55, Laws of Delaware, and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. Section 1, Chapter 196, Volume 122, Laws of Delaware, as amended is hereby further amended by adding at the end thereof, the following language:

(1) A bona fide citizen of the United States and of the State of Delaware and a resident substantial freeholder of the City of Lewes or a resident substantial lease- holder on the public land under the jurisdiction of the City Council of the City of Lewes for at least ninety (90) days next preceding the date of the annual election for members of the Board of Public Works; and

(2) At least twenty-one (21) years of age on the date of the annual election for Members of the Board of Public Works.

Section 2. Section 5, Chapter 281, Volume 55, Laws of Delaware, is hereby amended by striking it in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. Section 1, Chapter 218, Volume 51, Laws of Delaware, is hereby amended by striking everything after the phrase 'substituting in lieu thereof the following:' and substitute in lieu thereof the following:

(1) At the Annual Election for members of the Board of Public Works, every person, male or female, who shall have attained the age of eighteen (18) years, and who shall have been a freeholder or leaseholder in the City of Lewes for a period of thirty (30) days immediately preceeding the date of the Annual Election for members of the Board of Public Works, whether or not a resident of the City of Lewes or on public lands under the jurisdiction of the City of Lewes, and also every person, male or female, who shall have attained the age of eighteen (18) years on the date of said Annual Election for members of the Board of Public Works and who shall be a bona fide resident of the City of Lewes or on public lands under the jurisdiction of the City Council of the City of Lewes, located northeast of the Lewes and Rehoboth Canal and between Broadkiln River on the north and Gills Neck Road Extended on the south for at least thirty (30) days prior to the date of the Annual Election for members of the Board of Public Works shall have one (1) vote, provided that such persons, in the case of resident freeholders, resident lease-holders, or bona fide residents of the City of Lewes or on public lands under the jurisdiction of the City Council of the City of Lewes are registered on the Books of Registered Voters of the City of Lewes, and, in the case of non - resident freeholders or leaseholders, are registered on the Books of Non-Resident Voters which are kept at the Office of the City Manager. The Books of Registered Voters shall contain the following information: the names of the registered voters arranged in alphabetical order, the address of the voter, the birthdate of the voter, the date the voter became a resident of the City of Lewes and any other pertinent information. The Board of Public Works shall provide two Registers to be known as the "Books of Non-Resident Voters" which are to be kept at the Office of the City Manager of The City of Lewes. The Books of Non-Resident Voters shall contain the following information: the names of the non-resident voters arranged in alphabetical order, the permanent address of the voter, the local address of the voter, the birthdate of the voter, the date the voter became a freeholder or leaseholder of The City of Lewes and any other pertinent information, No person shall be registered upon the Books of Registered Voters nor upon the Books of Non-Resident Voters unless he or she will have acquired the qualifications to vote in the Annual Election for members of the Board of Public Works for the year in which such person registers. A person shall be required to register only one (1) time; provided, however, that if a registered voter fails to vote in two (2) consecutive Annual Elections in which there is a contest for membership on the Board of Public Works, his name shall be removed from the Books of Registered Voters or from the Books of Non-Resident Voters, as the case may be, and notice sent to said registered voter at his last known address by registered or certified mail, with return receipt requested, advising that his or her name has been removed from the Books of Registered Voters or from the Books of Non- Resident Voters, as the case may be, and that it will be necessary to register again in order to vote in the Annual Election for members of the Board of Public Works. The Books of Registered Voters and the Books of Non- Resident Voters shall be maintained in the Office of the City Manager of the City of Lewes and shall be conclusive evidence of a right of any person to vote at the Annual Election for members of the Board of Public Works. A person may register at the Office of the City Manager of the City of Lewes.during the regular business hours of such office until the close of business of such office on the Third Friday in March prior to the date of the Annual Election for members of the Board of Public Works by completing such forms as may be required; provided, however, that for the Annual Election for members of the Board of Public Works to be held on the First Saturday in April, A.D. 1975, persons, male or female, having the qualifications to register and vote in the Annual Election for members of the Board of Public Works in 1975, may register at the Office of the City Manager of the City of Lewes during the regular business hours on any business day and on the day of the Annual Election for members of the Board of Public Works by completing such forms as are required.

Approved June 26, 1975