CHAPTER 569

FORMERLY

HOUSE BILL NO. 666

AS AMENDED BY SENATE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NUMBER AND TERM OF OFFICE OF NEW CASTLE COUNTY COUNCIL MEMBERS; AND VOTE REQUIREMENTS FOR CERTAIN ORDINANCES.

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

Section 1. Amend * 1141, Chapter 11, Title 9, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"§ 1141. Number and Term.

(a) For any general or special election prior to the general election of 1998 the county government shall consist of seven members. Six of these members shall be elected from councilmanic districts. The seventh member shall be elected at large from New Castle County and shall serve as president of the county government.

(b) Not withstanding any law to the contrary, except for the president of county council, the terms of officials of the county governing body elected in the 1996 general election and any special election held prior to the 1998 general election shall terminate on the first Tuesday in November following the 1998 general election. The president of county council shall continue to he elected in the Presidential election year.

(c) Not withstanding any law to the contrary, for the 1998 general election and all subsequent elections the county government shall consist of thirteen members. Twelve of these members shall he elected from councilmanic districts The thirteenth member shall be elected at large from New Castle county and shall serve as president of the county government.

(d) Not withstanding any law to the contrary, for the 1998 general election the county council shall reapportion the county into thirteen councilmanic districts in the manner specified in § 1165 of this title- using the 1990 United States decennial census. This reapportionment shall he completed on or before January 1, 1998.

(e) In the 1998 general election one council member shall he elected sir four year term from each of the 1st, 3rd, 5th, 7th, 9th, and 1lth, councilmanic districts and for a two year term from each of the 2nd. 4th, 6th, 8th, 10th, and 12th councilmanic districts.

(f) In the 2000 general election, one council member shall he elected in a two year term from each of the even numbered districts, and one council member shall be elected for a four year tern) and shall be elected at large and shall serve as president of county government.

(g) In the 2002 general elections, one council member shall he elected for a four year term from each of the even numbered districts and one council member shall be elected for a two year term from each of the odd numbered districts, except the President of County Council. Thereafter, all council members shall be elected for four year terms, or until their successors have been elected and take office.

(h) An elected official shall take office on the first Tuesday in November following the general election.

Section 2. Amend § 1156(d), Chapter II, Title 9, Delaware Code by striking therefrom the words "live sevenths" and substituting in lieu thereof the words "ten thirteenths".

Section 3. Amend § 1157. Chapter II. Title 9, Delaware Code, by striking the words "live sevenths" as they appear in the third sentence of said section and substituting in lieu thereof the words "ten thirteenths".

Section 4. Amend § 1165(e), Chapter I1, Title 9, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"As used in § 1166 of this title, the phrase 'odd-numbered federal decennial census' shall refer to the decades whose first digit is an odd number, fix example, 201(1. 2030. 2050, and the phrase 'even-numbered federal decennial census' shall refer to the decades whose first digit is an even number, fm. example, 2000, 2020. 2040."

Section 5. Amend §§ 1166(b). (c), (d) and (e) in their entirety and substituting in lieu thereof, respectively, the following:

'(b) In order to stagger the terms of the officials of the county governing body, the councilmanic districts are divided into 3 categories. One category shall consist of councilmanic districts I, 3, 5, 7. 9, and I I, and the second category shall consist of councilmanic districts 2, 4, 6, 8. I() and 12, and the third category shall consist of councilmanic district 13.

(c) the first officials elected in councilmanic districts 2. 4, 6, 8. 10, and 12 after the redistricting following each even numbered federal decennial census shall serve a term of 4 years. The first officials elected in said councilmanic districts after the redistricting following each odd-numbered federal decennial census shall serve a term of 2 years.

(d) The first officials elected in councilmanic districts I 3 5 7 9 and I I after the redistricting following each even-numbered federal decennial census shall serve a term of 2 years. The first officials elected in said councilmanic districts after the redistricting following each odd-numbered federal decennial census shall serve a term of 4 years.

(c) The officials elected to district 13 shall serve a term of 4 years and shall he elected in even-numbered presidential election years.

Approved July 25, 1996