CHAPTER 65

FORMERLY

HOUSE BILL NO. 161

AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE.

WHEREAS, on January 15, 1981, the Council of the Town of Elsmere enacted Resolution 81-2 approving amendments to the Charter of the Town of Elsmere for fiscal reasons and to moderfze the governmental functions of this municipality; and

WHEREAS, Section 7 of the Elsmere Town Charter must be revised in order to conform with the State Constitution and to eliminate certain unnecessary financial constraints placed upon the Town; and

WHEREAS, the Council of the Town of Elsmere deems it prudent to remove restrictions limiting the amount charged for business license fees from Section 11 of the Elsmere Town Charter in order to correspond more uniformly with prevailing rates currently charged by other municipalities located in New Castle County; and

WHEREAS, the Council of the Town of Elsmere recognizes the need to establish absentee voting procedures In accordance with the laws of the State of Delaware by amending Section 37 of the Elsmere Town Charter;

NOW, THEREFORE:

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 Volume 50, Chapter 428, Laws of Delaware, by amending Section 7 of the Charter of The Town of Elsmere by striking the words "and who has owned real property in the Town of Elsmere for at least one year next preceding his election and who has paid all Town taxes and special assessments theretofore assessed against him" in their entirety.

Section 2. Amend Volume 50, Chapter 428, Laws of Delaware, by amending Section 7 of the Charter of the Town of Elsmere by striking the second paragraph of Section 7 in its entirety and substituting In lieu thereof a new paragraph to read as follows:

"Loss of residence in the Town or in the district from which elected, or a conviction of a felony, or a crime involving moral turpitude, or failure to attend three consecutive regular meetings of Commit without being excused by the Council, during the tenure of office shall create a vacancy. In case of vacancy for any cause, a special election, conducted in the same manner as a regular election, except that the nominating petitions shall be filed not later than 20 days before the date of the special election, shall be held within 60 days after the occurrence of the vacancy, as may be proclaimed by the Council; provided, however, that if the vacancy occurs within 365 days of a regular election, the vacancy shaU be filled by appointment by the Mayor subject to confirmation by a majority of Council."

Section 3. Amend Volume 50, Chapter 428, Laws of Delaware, by amending Section 11 of the Charter of the Town of Elsmere by striking the words "not less than one dollar nor more than twenty dollars per annum", and substituting the words "reasonable in amount" in lieu thereof.

Section 4. Amend Volume 50, Chapter 428, Laws of Delaware, by amending Section 37 of the Charter of the Town of Elsmere by striking It in the entirety and subsituting in lieu thereof a new Section 37 to read as follows:

"Section 37. ABSENTEE VOTING

The procedure for registration and voting for persons who may be absent from the Town during the time of a municipal election, special election or referendum or because of sickness or because of physical disability cannot appear at the registration or polling place on the day of holding of any election, special election or referendum shall be in accordance with the laws of the State of Delaware and specifically 15 Delaware Code, Chapters 19 and 55, as the same may be hereinafter amended."

Approved June 30, 1981.