CHAPTER 293

FORMERLY

HOUSE BILL NO. 389

AN ACT To AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE GOVERNMENT OF KENT COUNTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4103 of Title 9 of the Delaware Code by striking subsection (c) in its entirety and inserting new text to read:

"(c) The office of an elected official shall become vacant upon the elected official's death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The elected official's office will be forfeited if at any time during the elected official's term of office the elected official:

{I) Lacks any qualification for the office prescribed by this chapter or other law of the State, including residence in the district from which the elected official was elected;

(2) Violates any express prohibition of this title; or

(3) Is convicted or a crime involving moral turpitude.

(d) If the office of an elected official becomes vacant, a temporary official shall he appointed by the majority vote of the remaining body of elected officials until the special election provided for in § 303 of this title shall have been completed. The special election shall be held within 6 months of the occurring of the vacancy. The County government shall prescribe by ordinance the procedures for the special election, which procedures shall not be inconsistent with the provisions of Title 15 of the Delaware Code. The Kent County Chairperson of each political party that had State ballot status at the preceding general election, or, if there is no Kent County Chairperson, the State Chairperson of that political party, shall without primary, be eligible to file with the Kent County Department of Elections the name of one eligible candidate for the vacant office. The President of the county government shall issue a Writ of Election to the Kent County Department of Elections, which shall conduct the special election in accordance with the county ordinance."

Approved September 7, 1995