CHAPTER 552

SENATE SUBSTITUTE BILL NO. 1 TO

SENATE BILL NO. 523

AN ACT TO AMEND AN ACT BEING CHAPTER 143, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF SOUTH BETHANY".

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 5(a) of Chapter 143, Volume 57, Laws of Delaware, as amended, by striking said paragraph (a) in its entirety and substituting in lieu thereof a paragraph (a) to read as follows:

"(a) An election shall be held in the Town of South Bethany for Town Commissioners on the first Saturday in July, 1970, and annually thereafter on the last Saturday before the last Monday in May, from 11:00 a.m. to 3:00 p.m., and at such places as shall be determined and fixed by the Town Commissioners. At least thirty (30) days previous to such election, due notice thereof and of the time and place thereof shall be received by three qualified voters of said Town appointed by the Council. At all such elections the votes shall be received by three qualified voters of said Town appointed by the Council at any regular or special meeting of said Council, preceding such election. Said persons so appointed shall be known as Judges of Election, and the result of the balloting for said officers of said Town shall be ascertained by the said Judges of Election. The term of office of Assessor and Treasurer shall be for two years."

Volume 57, Laws of Delaware, by adding thereto a new sentence to read as follows:

"The terms of office of Assessor and Treasurer shall be for two years."

Section 3. Amend Section 5(b) of Chapter 143, Volume 57, Laws of Delaware, by adding immediately after the first sentence of said paragraph (b) the following: "thereafter the terms of the Commissioners shall be for two (2) years."

Section 4. Amend Sections 5(a) and 5(b) of Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears, except when immediately preceded by the word "Town" and substituting in lieu thereof the word "Council".

Section 5. Amend Section 6 of Chapter 143, Volume 57, Laws of Delaware, by adding after the penultimate paragraph the following sentence:

"Should voting machines be required by law, enacted subsequent ' to the enactment of this Act, the Commissioners shall make appropriate changes in the procedures for balloting which conform, as near as practicable, to the procedures outlined therein."

Section 6. Amend Section 7(a) of Chapter 143, Volume 57, Laws of Delaware, as amended, by striking the words: "and who on the day of election is not delinquent in the payment of taxes either to the State of Delaware, County of Sussex, or the Town of South Bethany Beach", as the same appears in said paragraph (a).

Section 7. Amend Section 9 of Chapter 143,Volume 57, Laws of Delaware, as amended, to read as follows:

"Section 9. Qualifications for Commissioners.

No person shall be eligible to hold office as a Commissioner except a person who at the time of filing as a candidate has been a real property owner of the Town for a period of one year immediately preceding the date of filing; or who, not the legal owner of real estate in the Town, has been a resident of the Town for one year immediately preceding the date of filing and who meets the qualifications for voting as set forth in Section 7, is a citizen of the United States, and has attained the age of twenty-one years."

Section 8. Amend Section .9 of Chapter 143, Volume 57, Laws of Delaware, as amended, by striking the word "Commissioners" as it appears in the section title and substituting in lieu thereof the word "Commissioner".

Section 9. Amend Section 21 of Chapter 143, Volume 57, Laws of Delaware, as amended, by inserting the word "appointment" immediately after the word "his" and before the word "and".

Approved July 7, 1976