CHAPTER 196

FORMERLY

HOUSE BILL NO. 526

AN ACT TO AMEND AN ACT TO RE-INCORPORATE THE TOWN OF SMYRNA" BEING CHAPTER 339, VOLUME 62, LAWS OF DELAWARE, AS AMENDED, TO ALLOW OFFICIAL CANDIDATES TO ASSUME OFFICE WITHOUT HOLDING AN ELECTION WHERE NONE OF THE OFFICIAL CANDIDATES HAVE A FORMAL OPPONENT ON THE DAY OF THE ELECTION, AND TO CLARIFY THE PROVISIONS CONCERNING FILLING OF VACANCIES ON THE TOWN COUNCIL BY THE VOTERS OF THE TOWN.

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 3(b)(3) of Chapter 339, Volume 62, Laws of Delaware, by adding to the title thereof, the words "; Uncontested Elections" so the title will read:

"Voting Machines/Ballots; Uncontested Elections".

Section 2. Further amend Section 3(b)(3) of Chapter 339, Volume 62, Laws of Delaware by deleting the last sentence of the second paragraph thereof (which presently reads, In the event no contest exists in any election, voting machines shall not be required, and paper ballots may be used for the formal conduct of any such election" and in place thereof, inserting the following:

In the event there is only one (1) candidate for each office, if none of the official candidates has a formal opponent on the day of the election, the official candidates may assume office without the holding of a formal election."

Section 3. Amend Section 3(f)(1) of Chapter 339, Volume 62, Laws of Delaware, as amended by Chapter 146, Volume 67, Laws of Delaware, by adding the following at the end thereof:

Each such vacancy shall be separate and distinct from any other such vacancy and from the full-term seats to be filled at such election; and shall be so designated on the ballot. The written nomination of candidates for election to fill vacancies under this section shall specify the vacant seat for which the nomination is made and no candidate may be nominated for more than one seat. The candidate receiving the highest number of votes for each such vacant seat shall be declared the winner."

Approved April 10, 1990.