CHAPTER 428

FORMERLY

HOUSE BILL NO. 461

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 75, TITLE 15, OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §7521, Chapter 75, Title 15 of the Delaware Code by striking said section in its entirety and by substituting in lieu thereof the following:

"§7521. Elections in the City of Wilmington

Registration and elections in the City of Wilmington for the Mayor, Council and other officers of the City of Wilmington shall in all respects be conducted in conformity with the provisions governing general elections as provided under this title, except that the canvass of the vote shall be conducted by the Department of Elections for New Castle County, which shall certify those candidates elected to office."

Section 2. Amend §7522, Chapter 75, Title 15 of the Delaware Code by striking said section in its entirety and by substituting in lieu thereof a new §7522, to read as follows:

§7522. Definition of political party for City of Wilmington only

A political party existing only within the City of Wilmington shall be qualified to nominate candidates for the municipal election if it is a bona fide organization of registered voters of the City of Wilmington who:

(1) Elect a city committee and officers of the city committee;

(2) Nominate candidates for the municipal election by a secret ballot of those enrolled for purposes of the municipal election as members of the party taken at a convention or by some other method of polling the party membership;

(3) Not later than August 15 of the year of the municipal election, file with the Department of Elections for New Castle County petitions certifying that the party exists and desires to have its candidates placed on the ballot for the forthcoming election. These petitions shall be signed by a number of registered voters of the City of Wilmington not less than five percent (5%)of the total number of registered voters within the city as of December 31 of the year immediately preceding the municipal

election. These petitions shall be prepared between January 1 and August 15 of the year of the election. They shall include the signature, printed name, address at which registered, and social security number of each qualified voter signing the petition. Each petition shall also include the following declaration subscribed to under oath by each person signing the petition:

'By dating and affixing my signature to this petition, I hereby swear (or affirm) that: (1) My full name, address at which registered, and social security number are as stated herein; (2) I am a duly registered voter of the State of Delaware, New Castle County, and the City of Wilmington;

(3) for the purposes of the municipal election only, I am a member of the (name of party) and I support its efforts to have its name, party device and candidates listed on, the next municipal election ballot;

(4) the date entered opposite my signature is the date on which I signed this petition; and (5) I have read and understand this petition, and I understand that by intentionally entering false information hereon I shall be subject to prosecution for perjury.'

The petition shall also include a sworn statement, signed by the person gathering the signatures and sworn to before a notary public, that such person witnessed the placing of each signature on the petition and, to the best of his knowledge or belief, all those who signed the petition were duly registered voters of the City of Wilmington. This statement shall be followed by a warning that any person who knowingly signs a statement which contains falsehoods shall be subject to prosecution for perjury."

Section 3. Amend §7523, Chapter 75, Title 15 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof a new 67523, to read as follows:

"§7523. Certificates of nomination

The nominations made under this subchapter for the various offices of the City of Wilmington, together with the name of the party and its device, shall be certified to the Department of Elections for New Castle County by the presiding officer and secretary of each political party on the date and in the manner prescribed for other nominations for the general election made under this title."

Section 4. Amend 67524, Chapter 75, Title 15 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof a new 67524, to read as follows:

"§7524. Title and device of party

No party shall use the name of another party appearing

anywhere on the ballot either in whole or in part, or any variation thereof, in its own title. The words 'Independent' or 'Decline,' being terms employed in this title, or any variation thereof, shall not be used as the title, or part of the title, of any party. Each party shall select an appropriate figure or device to designate that party, but the coat of arms, seal or flag of the United States, this State, or the City of Wilmington, or any part or variation thereof, shall not be used as such figure or device.

In case of a division in any party qualified under this subchapter and a claim by 2 or more factions to the same party name or title, figure or device, the Board of Elections for New Castle County shall determine to which faction the name and device properly belongs. If, within 5 days thereafter, the other faction fails to present and certify some other party title and/or device, the Board shall select some suitable title and/or device to represent that party upon the ballot."

Section 5. Amend §7526, Chapter 75, Title 15 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof a new §7526, to read as follows:

"§7526. Supplemental certificates of nominations

Supplemental certificates of nomination for offices of the City of Wilmington shall be issued as prescribed in §3306 of this title."

Approved July 8, 1978.