CHAPTER 416

FORMERLY

SENATE BILL NO. 434

AN ACT TO AMEND AN ACT BEING CHAPTER 3, VOLUME 68 OF THE LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF ELSMERE, NEW CASTLE COUNTY" TO PERMIT REGULAR MUNICIPAL ELECTIONS FOR ELECTED OFFICIALS OF THE TOWN OF ELSMERE EVERY FOUR YEARS.

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 301, Chapter 3, Volume 68, Laws of Delaware, as amended, by striking the second sentence of paragraph two in its entirety and substituting in lieu thereof the following:

The next regular municipal election of Mayor and Council after April of 1995 shall be held on the last Saturday in April of 1999; and regular municipal elections of Mayor and Council shall be held on the last Saturday in April every four years thereafter."

Section 2. Amend Section 301.1; Chapter 3, Volume 68, Laws of Delaware, as amended, by striking the second sentence of the first paragraph in its entirety and substituting in lieu thereof the following:

He or she shall be elected at large at the quadrennial Town election and shall serve for a term of four years or until his or her successor shall be duly elected and qualified, but the first Mayor elected under this Charter shall serve from the date of his or her qualification until the qualification of his or her successor after the election of April 1957.

Section 3. Amend §601, Chapter 3, Volume 68, Laws of Delaware, as amended, by striking the first sentence in its entirety and substituting in lieu thereof the following:

At the quadrennial organization meeting, the Council shall appoint an attorney-at-law who shall be an officer of the Town who shall have the title of Town Solicitor."

Section 4. Amend §602, Chapter 3, Volume 68, Laws of Delaware, as amended, by striking the last sentence in its entirety and substituting in lieu thereof the following:

He or she shall be elected by a ballot or voice vote at the quadrennial organization meeting for a period of four years or until his or her successor is duly elected and qualified."

Section 5. Amend §603, Chapter 3, Volume 68, Laws of Delaware, as

amended, by striking the first and third sentences and substituting in lieu thereof the following:

At the quadrennial organization meeting of the Council, the Mayor shall appoint a Board of Health consisting of five members, one of whom shall be a practicing physician in the Town of Elsmere, if there be one available; or if not, a practicing physician in New Castle County. The Board shall serve for four years, shall have the cognizance of the interests of life and health within the Town and that of the people residing within one-quarter mile of the boundaries of said Town, except where such area outside of the Town may He within the jurisdiction of another municipality."

Section 6. Amend §901, Chapter 3, Volume 68; Laws of Delaware, as

amended, by striking the first paragraph in its entirety and substituting in lieu thereof the following:

"Every person domiciled in the Town of Elsmere who shall have reached the required age to vote in State elections, who is a citizen of the United States and who has been domiciled in the State of Delaware for at least one year and in the Town of Elsmere for at least thirty (30) days preceding the election, and whose name is recorded in the list of registered voters provided to the Town by the New Castle County Department of Elections shall be entitled

to vote at the quadrennial municipal elections, special elections, and referenda, except as otherwise provided in this Chapter."

Section 7. Amend §902, Chapter 3, Volume 68, Laws of Delaware, as

amended, by striking the second sentence of the first paragraph in its entirety and substituting in lieu thereof the following:

"Such notification shall be made, on forms provided by the Town, on or before 7:00 p.m. of the first Monday in February prior to the quadrennial municipal elections, or the fifth Monday prior to a special election."

Section 8. Further Amend §902, Chapter 3, Volume 68, Laws of Delaware, as amended, by striking the second sentence of the third paragraph in its entirety and substituting in lieu thereof the following:

"The notice of withdrawal shall be filed before 12:00 noon of the second Monday in February prior to the quadrennial municipal elections, or the fifth Monday prior to a special election."

Section 9. Amend §904, Chapter 3, Volume 68, Laws of Delaware, as

amended, by striking the first sentence of the first paragraph in its entirety and substituting in lieu thereof the following:

" A regular municipal election shall be held on the last Saturday in April, 1995 or on the first Saturday, which shall be more than (sixty) 60 days after the enactment of this Charter, whichever is later, and on the last Saturday of April in each fourth year thereafter."

Section 10. If any section, subsection, sentence, clause or phrase of this Act is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this Act. All rules, regulations, directives, orders and standard operating procedures shall remain in full force and effect except insofar as they conflict with the provisions of this Act in which case the provisions of the Act shall govern.

Section 11. This Act shall take effect upon its enactment into law.

Approved July 14, 1994