SENATE BILL NO. 300
AN ACT TO AMEND SUBCHAPTER I, CHAPTER 41, TITLE 9 OF THE DELAWARE CODE RELATING TO REDISTRICTING BY THE KENT COUNTY LEVY COURT.
WHEREAS, the Kent County Levy Court is bound by the provisions of Sub-chapter I, Chapter 41, Title 9 of the Delaware Code to a particular process and timetable for completing its decennial redistricting; and
WHEREAS, the Levy Court completed its redistricting process within the required time limit and approved new district boundaries by enacting Kent County Ordinance No. 91-07 prior to the enactment of the General Assembly's redistricting legislation; and
4IHEREAS, following enactment of the new General Assembly district boundaries on November 4, 1991, the staff of the Kent County Department of Elections found that there were numerous instances in which a "mandated election district" was created by the failure of the new Levy Court district boundaries and the new house and senate district boundaries to match precisely; and
WHEREAS, every one of the mandated election districts in question contains fewer than the 500 registered voters suggested by statute as a reasonable minimum number, with several containing fewer than 25 registered voters; and
WHEREAS, the existence of such small mandated election districts will, if they are left in place until the next redistricting occurs in the year 2001, cost the taxpayers of Delaware many tens of thousands of dollars because of the legal requirement to establish polling places and hire poll workers and other officials for each and every election district in every primary, general and special election; and
WHEREAS, the Kent County Levy Court has been advised by its legal advisors that it does not, under present state law, have the power to adjust its new district boundaries to remove such mandated election districts without being given the specific authority to do so by action of the General Assembly; and
WHEREAS, the Kent County Department of Elections is unable to meet its scheduled legal commitment to establish new election district boundaries and undertake the process of establishing polling places and hiring poll workers for the 1992 election until such time as these problems are resolved.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §4106, Subchapter I, Chapter 41, Title 9 of the Delaware Code by adding a new Subsection (f) thereto, to read as follows:
"(f) The Levy Court is authorized to make those adjustments to the
new Levy Court boundaries approved by enactment of County Ordinance No. 91-07 which have been identified by the Kent County Department of Elections as being necessary to bring their boundaries into harmony with new house and senate district boundaries, provided, however, that no change shall be made which would have the effect of moving the total population of any levy court district above or below its legally required maximum or minimum population."
Approved April 13, 1992.