CHAPTER 311

FORMERLY

SENATE BILL NO. 243

AN ACT TO AMEND VOLUME 36, LAWS OF DELAWARE, CHAPTER 158 ENTITLED AN ACT CHANGING THE NAME OF THE TOWN OF DOVER TO THE CITY OF DOVER AND ESTABLISHING A CHARTER THEREFORE BY CHANGING THE METHOD OF FILLING VACANCIES FOR COUNCIL BY SUBMITTING THE SAME TO SPECIAL ELECTION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly Met (two-thirds of the members elected to each house of the legislature concurring therein):

Section 1. Amend Volume 36, Laws of Delaware,

Chapter 158 by striking section 13 thereof in its entirety and substituting in lieu thereof the following:

§13. Filling Vacancies For Council

The loss of residence in the City, the loss of residence in the State, the removal from the District where he resided at the time of his election, in the case of a Councilman, or the conviction of any crime involving moral turpitude during the term for which he was elected, shall create a vacancy in the office either of Mayor or Councilman. In the case of any such vacancy, or any vacancy created by death, resignation or otherwise the Council shall call a special election to fill such vacancy, said special election to be held in accordance with Section 8 and other provisions of the Charter. The election shall be to fill the vacant term only. However, if the vacancy occurs within six months of the normal expiration of the term then Council, at its option, may decide not to fill the vacancy under the provisions of this sections.

Approved February 5, 1976