CHAPTER 180

FORMERLY

HOUSE BILL NO. 231

AN ACT TO AMEND CHAPTER 158, VOLUME 34, LAWS OF DELAWARE, BEING AN ACT CHANGING THE NAME OF THE TOWN OF DOVER' TO 'THE CITY OF DOVER' AND ESTABLISHING A CHARTER THEREFOR", AS AMENDED BY CHAPTER 219, VOLUME 47, LAWS OF DELAWARE, AND CHAPTER 98, VOLUME 59, LAWS OF DELAWARE, AND CHAPTER 147, VOLUME 61, LAWS OF DELAWARE, AND CHAPTER 5, VOLUME 64, RELATING TO A COUNCILMAN RUNNING FOR THE OFFICE OF MAYOR AND TO NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND COUNCIL.

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, Laws of Delaware, as amended by Chapter 219, Volume 47, Laws of Delaware, and Chapter 147, Volume 61, Laws of Delaware, and Chapter 5, Volume 64, Laws of Delaware, by inserting at the end of Section 5 a new paragraph to read as follows:

If a Councilman files and runs for Mayor whether or not he is elected to said office, the term as Councilman shall automatically expire on the second Monday of May on the year of the election and if he has a year remaining on his term, then his office as Councilman shall be filled at the same annual election in which he has filed to run for the office of Mayor."

Section 2. Amend Section 7, Chapter 158, Volume 36, Laws of Delaware, as amended by Chapter 98, Volume 59, Laws of Delaware, and Chapter 147, Volume 61, Laws of Delaware, by striking the second 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 Mayor after 1979 shall be by petition signed by not less than ten nor more than twenty-five electors of the City, filed with the Clerk of Council on or before 4:00 p.m. o'clock on the second Friday of February of 1980 and on or before 4:00 p.m. o'clock on the second Friday of February of each year thereafter for candidates for Council and on or before 4:00 p.m. o'clock onthe last working day in January for candidates for Mayor in the years when a Mayor is to be elected. Should the second Friday of February fall on a legal holiday, the filing date shall be 4:00 p.m. o'clock on the next working day thereafter which is not a legal holiday."

Approved July 16, 1987.