CHAPTER 321

FORMERLY

HOUSE BILL NO. 601

AN ACT TO AMEND CHAPTER 216, VOLUME 27 OF THE LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CITY OF NEW CASTLE.

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 Paragraph 1, Section 4, Chapter 2i6, Volume 27 of the Laws of Delaware, as amended, by striking the word "wards" as the same appears in the first sentence of said paragraph and by substituting in lieu thereof the word "districts".

Section 2. Amend Section 5, Chapter 216, Volume 27 of the Laws of Delaware, as amended, by striking the said section in its entirety and substituting in lieu thereof the following:

"Section 5. The responsibility for conducting all municipal elections In the City of New Castle shall be vested with the Board of Elections for the City of New Castle. The Mayor and each member of City Council shall appoint one (1) qualified elector, who is also a resident of the City of New Castle, to serve as a member of the said Board. The term of all individuals so appointed shall be four (4) years, commencing the day on which the appointment is made.

Should any member of the Board of Elections die or become unable to perform the required duties, at any time, a successor shall be appointed to complete the remainder of the term in open meeting of the City Council, by either the Mayor or Council Member, or their successor, who made the original appointment.

The Board of Elections for the City of New Castle shall have, subject to the formal approval by Ordinance, by majority vote, of the City Council, the power, authority and responsibility to establish or to amend all rules or regulations designed to:

a. Register Voters

b. Conduct Elections

c. Annually, in the month of July, meet and elect from the members of the Board, a President and a Secretary.

d. To provide for all such other matters related to the municipal election processes of the City of New Castle.

Any member of the Board of Elections or any election officer appointed by them who is found guilty, by majority vote of City Council, or either (a) or (b) of the following shall immediately forfeit their position or employment:

a. Directly or indirectly seek to use their authority or official influence to control or modify the political action of another person.

b. Actively participate in the political activities of any individual or campaign.

The pay for all members of the Board of Elections, all election officers and all election related materials, including polling place rental, shall be fixed by City Council and paid out of City funds.

For the purpose of holding such election(s) the City of New Castle shall be divided into four districts, corresponding within the City to the election districts as laid out under the General Election Laws of the State of Delaware, (15 Del. Ch., 1-79), with voting places provided for by said General Election Laws.

Any person desiring to become a candidate for the office of Mayor, the President of Council, a member of Council, the Treasurer or City Clerk, shall file with City Council his name, place of residence, and date, designating the office for which he seeks to become a candidate, no later than 5:00 P.M. local time, of the last Friday in the month of February in the year of the election, and shall at the same time, deposit with City Council a filing fee in the total amount equal to I% of the total salary, as set ty CU' Council pursuant to the City Charter, and would be in force on the first day of January in the year of the election, for the full term of the office for which he pe son Cles.

At any municipal election of the City of New Castle all individuals who shall have been a resident of the City of New Castle for one (1) year preceding said election shall be entitled to vote in the district in which hey reside at the time of said election; provided, however, that said person is otherwise qualified to register to vote and has registered to vote as required by the Election Laws of the State of Delaware (15 Del. C.), five (5) days prior to said election.

The Board of Elections shall determine the places for holding said election, subject to the approval of City Council, in the several districts and shall give notice of the time and places of holding said election by posting notice thereof in at least three of the most public places in each of the districts of the City at least a week before the day on which said election is to be held, and by publishing notice thereof one (1) time at least one (1) week in advance of said day in a newspaper having general circulation in the City of New Castle.

On the day of the election, all polling places will open at 8:00 A.M., local time and close at 6:00 P.M., local time, for the purpose of voting.

Upon the closing of the polls as aforesaid, the election officers at each district polling place shall count all the votes cast, publicly read the results and certify said results to the Board of Elections.

For the purpose of certifying the results to the Board of Elections the election officers shall fill out four (4) certificates of election, all of which are to be verified and signed by all of the election officers present at the closing of the polls. The Inspector and one (1) Judge shall each retain, for thirty (30) days following the day of election, one (1) copy of the certificate of election. The third (3rd) copy shall be given to the President or the designee of the Board of Elections at the closing of the polling place and the fourth (4th) copy shall be given to the President of City Council, at the closing of the polling place.

On the Monday evening following any such election, the City Council shall meet at 8:00 P.M., local time, for the purpose of canvassing said election. All members of the Board of Elections shall appear before City Council at that time and present the certificate of election retained by them. The City Council shall canvass the vote in all districts and after ascertaining which candidates have received the greatest number of votes and have been thereby elected to the various offices, shall fill out, sign and deliver certificates of election to all of the successful candidates.

In the event of a tie vote for election to any office, the outgoing City Council by a majority vote of the members present shall resolve the tie. In the event of a tie vote of the members of Council present, the Mayor shall cast the deciding vote."

Section 3. Amend Section 6, Chapter 216, Volume 27 of the Laws of Delaware. as amended, by striking the word "Inspectors" as it appears in the first sentence of said section, and by substituting in lieu thereof the words "City Council" and by striking the word "Assessor" as it appears in the second sentence of said section and by substituting in lieu thereof the words "City Clerk".

Section 4. Amend Section 7, Chapter 216, Volume 27 of the Laws of Delaware, as amended, by striking the word "Assessor" as it appears in the first sentence of said section and by substituting In lieu thereof the words "City Clerk".

Section 5. Amend Section 8, Chapter 216, Volume 27 of the Laws of Delaware, as amended, by striking the word "Assessor" as it appears in the first sentence of said section and by substituting In lieu thereof the words "City Clerk".

Section 6. Amend Section 9, Chapter 216, Volume 27 of the Laws of Delaware, as amended, by

(a) striking the words or Assistant Inspector" as they appear in the first sentence of said section and inserting in lieu thereof the words "Judge and Clerk";

(b) striking the words "Court of General Sessions" as they appear in the first sentence of said section and by substituting in lieu thereof the words "Superior Court, State of Delaware";

(c) striking the words Two Hundred Dollars" as they appear in the first sentence of said section and by substituting in lieu thereof the words "Five Hundred Dollars"; and

(d) striking the words "Fifty Dollars" as they appear in the first sentence of said section and by substituting in lieu thereof the words "Five Hundred Dollars".

Section 7. Amend Section 10, Chapter 216, Volume 27 of the Laws of Delaware, as amended, by striking the words New Castle County Workhouse" as they appear in the first sentence of said section by substituting in lieu thereof the words "appropriate correctional facility".

Approved July 10, 1990.