CHAPTER 414

FORMERLY

HOUSE BILL NO. 522

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO PROVIDE THAT A REFERENDUM BE HELD IN THE NOVEMBER 1984 GENERAL ELECTION ON THE QUESTION OF LOTTERIES NOT CONDUCTED BY THE STATE.

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

Section 1. All contrary provisions of Title 15 of the Delaware Code notwithstanding, a state-wide referendum shall be held in conjunction with the 1984 general elections.

Section 2. The election districts for purposes of this referendum shall coincide with the election districts utilized for the general election, and election districts shall be wholly contained within one of the following: Kent County, Sussex County, the City of Wilmington, and New Castle County outside the City of Wilmington.

Section 3. In each election district the polling places utilized for the general election shall be used for the referendum taking place jointly with the general election.

Section 4. Special notice of the referendum and of the question to be decided in the referendum shall be printed as directed by the State Election Commissioner at least once a week during the three weeks preceeding the general election, and shall be published in at least one newspaper having general circulation in the City of Wilmington, in at least one newspaper having general circulation in New Castle County, in at least one newspaper having general circulation in Kent County, and in at least one newspaper having general circulation in Sussex County.

Section 5. The Departments of Elections of New Castle County, Kent County and Sussex County shall cause to be placed on the ballot used in the general election of 1984 the following question for submission to the voters of each election district:

"1. Do you favor allowing the State to license volunteer fire companies, veterans organizations, religious or charitable organizations and fraternal organizations to sponsor and conduct lotteries provided the profits are used solely for the purposes of these companies, organizations and societies within the limits of (the State Election Commissioner shall insert here the name of the appropriate district)/ Yes No".

Section 6. The provisions of Title 15, insofar as they are applicable, shall apply to the referendum provided for by this Act. A voter may indicate his or her answer to the question submitted by voting in the affirmative or negative. The Department of Elections shall take steps to insure that the equipment and supplies used at the general election are adjusted and modified to the extent necessary to permit the recording, tabulation and certification of the referendum vote.

Section 7. The votes cast in this referendum shall be tabulated and totaled separately by district as follows: Kent County, Sussex County, City of Wilmington and New Castle County outside the City of Wilmington.

Section 8. The Board of Canvass and other methods and procedures utilized by the Department of Elections for the purpose of canvassing the vote shall also be used for canvassing the vote of this referendum. The provisions of Title 15 and the Constitution of the State of Delaware relating to certification and canvassing of the vote in the general elections shall be followed for purposes of canvassing and certification of the referendum, insofar as those provisions are applicable.

Section 9. The Governor of the State of Delaware shall certify and proclaim results of this referendum at the time he certifies and proclaims results of the general election.

The Election Commissioner is authorized and empowered to prescribe such procedure and to make such rules and regulations, not inconsistent with this Act or any other law of this State, as he may deem necessary to insure uniformity of method throughout the State in certifying and canvassing the vote in this referendum.

Section 10. The results of the referendum on the question shall be a mandate to the Governor and members of the General Assembly to initiate appropriate legislation to effectuate the will of the people, as expressed in the referendum in each of the four districts set forth in Section 7 of this Act.

Approved July 20, 1984.