CHAPTER 40

FORMERLY

SENATE BILL NO. 123

AN ACT TO AMEND CHAPTER 197 VOLUME 54 LAWS OF DELAWARE WHICH REVISED THE PRIOR CHARTER OF REHOBOTH BEACH AND PRESCRIBED A NEW CHARTER THEREFORE, TO PROVIDE FOR ABSENTEE BALLOTS IN ALL REHOBOTH ELECTIONS, TO CHANGE THE DATE FOR FILING CERTIFICATES OF NOMINATION AND JUDGING THE QUALIFICATIONS OF CANDIDATES, TO CHANGE THE TIME OF THE ANNUAL MUNICIPAL ELECTION, TO CHANGE THE DEADLINE TO REGISTER TO VOTE IN THE ANNUAL MUNICIPAL ELECTION, TO CHANGE THE QUALIFICATIONS OF VOTERS, AND TO CHANGE THE QUALIFICATIONS FOR CANDIDATES FOR ELECTIVE OFFICE.

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. ' Subsection (b), Section 4, Chapter 197, Volume 54, Laws of Delaware as heretofore amended be and the same is hereby further amended, by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) and a new subsection (c) to read as follows:

"(b) In all elections ballots may be cast in person or by absentee ballot as hereinafter provided.

(c) Absentee Ballots

(i) Any qualified voter, duly registered, may cast his vote by
absentee ballot in any municipal election or special municipal election if such voter will not be available to vote in person during the hours of the election.

(i) Any such voter desiring to receive an absentee ballot, who is qualified and registered as aforesaid, shall personally appear at the City Manager's office in the Municipal Building, Rehoboth Beach, Delaware and file an affidavit on forms prescribed by the City Manager stating his name, address, birth date, social security number, the fact that he will not be available to vote in person during the hours of the election, and the address and telephone number (if practicable) where the voter will be during the election. Such Affidavit shall be dated not more than forty five days prior to the day of the election and not later than 12:00 noon of the day prior to the election. Upon the approval of such affidavit an absentee ballot, envelopes and instructions shall be furnished to such voter as soon as practical.

Any voter who is absent from the city while on active duty in the military service of the United States of America (including the spouse of such voter if absent from the city on account of the voter's active duty status) or who is confined indoors as a result of physical illness or infirmity as established by the certificate of a medical doctor is not required to personally appear at the City Manager's office when filing the required affidavit.

(i) The City Manager shall prepare the official ballot, envelopes and instructions to absentee voters.

(i) The absentee voter shall return the absentee ballot and envelopes completed in accordance with the instructions to the office of the City Manager of Rehoboth Beach either by mail or in person to be received in either case before 12:00 noon of the day preceding the election and not thereafter.

(ii) The City Manager shall safeguard each absentee ballot in its
envelope until the day of the election when he shall deliver the same to the polling place into the custody of the Inspector of the Election who shall deposit all absentee ballots in a special ballot box. The Election
Board shall count the absentee ballots and announce the results along with the results of the votes cast in person upon the close of the election."

Section 2. Subsection (a), Section 6, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by

deleting the word "July" as it appears in said subsection and substituting in lieu thereof the word "June".

Section 3. Subsection (b), Section 6, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by deleting the word "July" as it appears in said subsection and substituting in lieu thereof the word "June".

Section 4. Subsection (a), Section 7, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by deleting the words "11:00", "7:00" and "12:00 noon" as they appear in said subsection and by substituting in lieu thereof the words "10:00", "6:00" and "11:00" respectively.

Section 5. Subsection (d) Section 7, Chapter 197, Volume 54, Laws of

Delaware as amended be and the same is hereby further amended by adding the following new paragraph at the end thereof:

"As used in this Chapter 'Freeholder means an individual holding fee simple title to an undivided interest in real property in the City or who holds title to real property in the City as a tenant by the entirety.

'Real Property' includes condominiums created under the Delaware Unit Property Act.

As used in this Chapter 'Lease' means a valid lease to real property in the City for a term of at least ten (10) years which lease is recorded in the Office of the Recorder of Deeds in and for Sussex County and upon which real property is erected an improvement having an assessed valuation of at least one thousand dollars ($1,000.00) as shown by the records of the City of Rehoboth Beach.

'Leaseholder' as used in this Chapter means an individual holding title to an undivided interest in a Lease or who holds title to a lease as a tenant by the entirety.

As used herein 'resident' shall mean an individual actually residing and domiciled in the City of Rehoboth Beach for a period of 6 months immediately preceding the date of the election."

Section 6. Subsection (d), Section 7, Chapter 197, Volume 54, Laws of

Delaware as amended be and the same is hereby further amended by striking out the word "July" as it appears in said subsection in the last sentence and substituting in lieu thereof the word "June".

Section 7. Subsection (d), Section 6, Chapter 197, Volume 54, Laws of

Delaware as amended be and the same is hereby further amended by repealing said subsection and by substituting in lieu thereof a new subsection (d) to read as follows:

"(d) No qualified elector shall sign the nominating petition of more

candidates than there are elective offices to be filled at such regular municipal election. Each qualified elector signing such petition shall also state whether he signed such petition as a freeholder or as a leaseholder or as a resident."

Section 8. Subsection (a), Section 3, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by striking the last sentence thereof.

Section 9. Subsection (d), Section 7, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by striking the words "Three (3) months" as they appear therein in the first sentence and by substituting in lieu thereof the words "Six (6) months".

Section 10. Subsection (a), Section 3, Chapter 197, Volume 54, Laws of

Delaware as heretofore amended be and the same is hereby further amended by adding to the end of the second sentence which reads "The Commissioners of Rehoboth Beach shall consist of seven (7) members, to be chosen as hereinafter provided, all of whom shall be citizens of the United States of America"

Section 11. Subsection (a), Section 3, Chapter 197, Volume 54, Laws of Delaware as heretofore amended be and the same is hereby amended by adding to the end of the sevent sentence which reads "The Commissioner with the title of Mayor of the City of Rehoboth Beach shall also be a bona-fide resident and domiciliary of the city", the words, "and shall have been domiciled in the City of Rehoboth Beach for a period of at last twelve (12) months immediately preceding the date of election".

Section 12. Subsection (k), Section 41A, Chapter 197, Volume 54, Laws of Delaware as heretofore amended be and the same is hereby further amended by striking the words "three (3) months" as they appear therein in the first sentence and by substituting in lieu thereof the words "six (6) months".

Section 13. If this bill is signed by the Governor on or before May 15, 1991, it shall become effective immediately otherwise it shall become effective on January 1, 1992."

Approved June 4, 1991.