CHAPTER 301

FORMERLY

SENATE BILL NO. 452

AN ACT TO AMEND AN ACT, BEING CHAPTER 166, VOLUME 43, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE TOWN OF GEORGETOWN," TO PROVIDE FOR A REGISTRATION SYSTEM FOR THE ANNUAL MUNICIPAL ELECTION.

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. Section 5, Chapter 166, Volume 43, Laws of Delaware, as amended, he and the same is hereby further amended by striking out all of said SectIon and substituting in lieu thereof a new Section 5, to read as follows:

"MANNER OF HOLDING ELECTIONS

Section 5. The procedure for holding the Annual Municipal Election shall be as follows:

(a) The Annual Municipal Election shall be held at a place designated by the Town Council within the corporate limits of The Town of Georgetown on the second Saturday in June of each and every year from one o'clock in the afternoon, prevailing time, until five o'clock in the afternoon, prevailing time, following due notice given by an advertisement printed in a newspaper of general circulation in the Town and posted in six (6) public places in the Town not less than twenty-one (21) days before the day of the Annual Municipal Election.

(b) The Annual Municipal Election shall he conducted by a Board of Election consisting of an Inspector and two (2) Judges appointed by the Mayor of The Town of Georgetown with the concurrence of a majority of the members of the Town Council not later than the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote at the Annual Municipal Election, take reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance, and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not he present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present nt the polling place at the time of holding said Annual Municipal Election to elect from among their own number a person to fill each vacancy in such Board of Election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such Annual Municipal Election.

(e) At such Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election and who shall he a bona fide resident of The Town of Georgetown shall have one (1) vote, provided he or she is registered on the "Books of Registered Voters" of The town of Georgetown. The Town Council of The Town of Georgetown shall provide two (2) registers, to be known as the "Books of Registered Voters" which are to be kept at the office of the Town Manager. The Books of Registered Voters shall contain the following information for each registrant: the name of the registered voter arranged in alphabetical order, the address of the voter, the birthdate of the voter, the date the registrant became a citizen of the United States, the date the registrant became a resident of The Town of Georgetown, and any other pertinent information. No person will be registered upon the books of Registered Voters unless he or she will have acquired the qualifications to vote in the Annual Municipal Election for the year in which he or she registers. A person shall he required to register only one (I) time; provided however, that if a registered voter fails to vote in two (2) consecutive Annual Municipal Elections in which there Is a contest and in which he is entitled to vote, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by certified mail with return receipt requested advising the registered voter that his name has been removed from the Books of Registered Voters, and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Voters shall he maintained in the office of the Town Manager and shall he conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the office of the Town Manager during the regular business hours of such office until the close of business of such office on the third Friday in May prior to the date of the Annual Municipal Election by completing such forms as may he provided by the Town.

(d) All votes offered at the Annual Municipal Election shall be offered in person.

(a) In the event that only one person files or is nominated for every office for which candidates are to be elected in any Annual Municipal Election, it shall only be necessary for the polls to be open on the day of the Annual Municipal Election from one o'clock in the afternoon, prevailing time, to two o'clock in the afternoon, prevailing time, any other statute to the contrary notwithstanding.

(a) Upon the close of the Election, the votes shall be read and counted publicly, and the person having the highest number of votes for each office shall be declared duly elected and shall continue in office until his successor is duly elected and qualified.

(a) The Board of Election shall enter in a book to be provided for that purpose minutes of the Annual Municipal Election containing the names of the persons chosen, shall subscribe the same, and shall give to the person chosen Certificates of Election, which book containing such minutes, shall be presented by the Town Council and shall be evidence in any court of law or equity.

(a) In the event of a tie vote for any office, the Board of Election shall determine the tie by secret ballot.

(1) All persons desiring to be candidates for the office of Mayor or Council, as the case may be, at said Annual Municipal Election shall file with the Secretary of the Council or the Town Manager at the business office of the Town during the usual business hours and not later than five o'clock in the afternoon, prevailing time, on the fourth Friday in May, a written statement of such candidacy upon suitable forms or blanks furnished by the Town Council, which said statement shall be dated, signed by the candidate and witnessed by at least two (2) adult residents of the Town. If the fourth Friday in May is a legal holiday, all written statements of candidacy shall be filed before the close of business on the fourth Thursday."

Approved June 29, 1982.