CHAPTER 147

FORMERLY

SENATE BILL NO. 256

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36 OF THE LAWS OF DELAWARE, BY CHANGING THE DATE OF THE REGULAR MUNICIPAL ELECTION AND THE DATE WHEN THE MAYOR AND COUNCILMEN SHALL ASSUME OFFICE.

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, Chapter 158, Volume 36 of the Laws of Delaware by striking the third paragraph thereof in its entirety and substituting in'lieu thereof the following:

"The term of the Mayor elected in 1976 shall be for two years.

The term of the Mayor elected and qualified in 1978 shall be a term from the second Monday of February following his election until the second Monday of May, 1980 or until his successor has been duly elected and qualified. The term of every Mayor thereafter shall be for 2 years from the second Monday of May following his election or until his successor has been duly elected and qualified.

The term of the Councilman shall be for two years. The term of a Councilman elected and qualified in 1976 shall be for 2 years from the second Monday of February following his election or until his successor has been duly elected and qualified. The term of a Councilman elected and qualified in 1978 shall be a term from the second Monday of February following his election until the second Monday of May, 1980, or until his successor has been duly elected and qualified.

The term of every Councilman thereafter succeeding the aforementioned Councilmen shall be for 2 years from the second Monday of May following his election or until his successor has been duly elected and qualified.

The term of a Councilman elected and qualified in 1977 shall be for 2 years from the second Monday of February following his election or until his successor has been duly elected and qualified. The term of a Councilman elected and qualified in 1979 shall be a term from the second Monday of February following his election until the second Monday in May, 1981 or until his successor has been duly elected and qualified. The term of every Councilman thereafter succeeding the aforementioned Councilmen shall be for 2 years from the second Monday of May following his election or until his successor has been duly elected and qualified."

Section 2. Amend Section 6, Chapter 158, Volume 36 of the Laws of Delaware by striking said section in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. A municipal election at which members of the Council shall be elected shall be held on the third Monday of January, 1978 and on the third Monday of January, 1979 for Councilmen who shall serve the terms specified in Section 5 of this Charter. Every municipal election after 1979 at which members of the Council shall be elected shall be held on the third Monday of April of each year, which shall be known as the Regular Municipal Elections. All other municipal elections that may be held shall be known as Special municipal Elections.

At the regular municipal election held on the third Monday of January, 1978, there shall be elected 4 members of Council. At the regular election held on the third Monday of January, 1979, there shall be elected 4 members of Council. At the regular municipal election held on the third Monday of April, 1980, there shall be elected 4 members of Council. At the regular municipal election in every year thereafter, there shall be elected 4 members of Council.

At the regular election held on the third Monday of January, 1978, there shall be elected the Mayor. At the regular municipal election held on the third Monday in April, 1980 and every 2 years thereafter, there shall be elected the Mayor."

Section 3. Amend Section 7, Chapter 158, Volume 36 of the Laws of Delaware by striking the first paragraph thereof, in its entirety, and substituting in lieu thereof a new paragraph to read as follows:

"The mode of nomination of candidates for the Council and for the Mayor in 1978 and 1979 shall be by petition signed by not less than ten nor more than twenty-five electors of the City, and filed with the Clerk of Council on or before 4:00 p.m. o'clock of the last Friday of October of the year preceding the next regular municipal election.

Should the last Friday of the month of October fall on a legal holiday, the filing shall be 4:00 p.m. o'clock do the next working day thereafter.

The mode of nomination of candidates for the Council and for Mayor after 1979 shall be by petition signed by not less than ten nor more than twenty-five electors of the City, and filed with the Clerk of Council on or before 4:00

p.m. on the second Friday of February of 1980 and on or before 4:00 p.m. on the second Friday of February of each year thereafter. Should the second Friday of February fall on a legal holiday, the filing date shall be 4:00 p.m. on the next day thereafter which is not a legal holiday."

Section 4. Amend Section 8, Chapter 158, Volume 36 of the Laws of Delaware by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The regular municiapal election shall be held on the third Monday of January in the years of 1978 and 1979

and on the third Monday in April in 1980 and every year thereafter. At such election the polls shall be opened at 11:00 a.m. and closed at 8:00 p.m. The Council shall designate the places of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the conduct of election; or the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud."

Section 5. Amend Section 9, Chapter 158, Volume 36 of the Laws of Delaware by striking the first paragraph in its entirety and substituting in lieu thereof a new paragraph to read as follows:

"At seven-thirty o'clock on the second Monday in February 1978 and 1979 and at seven-thirty o'clock on the second Monday in May in 1980 and each year thereafter, following a regular municipal election, the Mayor and Council shall meet at the usual place for holding Council meetings and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity."

Approved July 14, 1977.