CHAPTER 21

FORMERLY

HOUSE BILL NO. 130

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE ADJUSTMENT OF ELECTION AREAS FOR CAPE HENLOPEN SCHOOL DISTRICT BOARD MEMBERS.

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

Section 1. Amend § 1069, Title 14 of the Delaware Code by deleting subparagraphs (b) and (c) in their entirety, and substituting in lieu thereof the following:

"(b) The Cape Henlopen School District is hereby divided into 4 areas as follows:

(1) Area A: Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the mid point of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point.

(2) Area B: Beginning at a point on the shoreline of the Delaware Bay intersected by perpendicular line running through and extended from the middle of Route 9 on Le‘N;es Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District's boundary: thence following the District's boundary first in a westerly then northerly direction until the boundary connects to the same point where Area A's boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point.

(3) Area C: Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, off-shore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route I until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the Delaware Bay to the beginning point.

(4) Area D: Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic Ocean; thence in a southerly direction to the beginning point.

(c) School board members shall be elected in the following manner:

(1) At the regular school election in 1997 the qualified electors in the school district shall choose 1 member who is a resident of Area D. The member shall serve a term of one year.

(2) At the regular school election in 1998 the qualified electors in the school district shall choose I member who is a resident of Area A. One member shall be elected from Area D and shall serve a term of four years.

(3) At the regular school election in 1999 the qualified electors in the school district shall choose 1 member who is a resident of Area C and 1 member who is a resident of the district at large.

(4) At the regular school election in 2000 the qualified electors in the school district shall choose 1 member who is a resident of area B and 1 member who is a resident of the district at large.

(5) At the regular school election in 2001 the qualified electors in the school district shall choose 1 member who is a residence of the district at large.

(6) At subsequent school board elections shall follow a schedule with a 5 year sequence as herein listed and thereafter:

2002 -- Elect 1 member who is a resident of Area D

2003 -- Elect 1 member who is a resident of Area A

2004 -- Elect 1 member who is a resident of Area C and one member who is a resident of the district at large.

2005 -- Elect 1 member who is a resident of Area B and one member who is a resident of the district at large.

2006 -- Elect one member who is a resident of the district at large.

(7) Except for the shortened term of Area D for one year from 1997 to 1998 and Area D for four years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 5 years. An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on the 1st day of July following his election.

(8) Nominations for each candidate qualified to be a school board member shall provide a declaration of intention as to whether the candidate is to serve at large, if elected, or if the candidate is to serve from his legal place of residence whether it be Area A, B, C, or D, depending upon board members to be elected in a given year. Nominations in either case shall be by residents of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly nominated shall be listed alphabetically in appropriate groupings by area and/or "at large." If in a given year when nominations may be made for members living in a specific area and no nominations are so made, and if during that given year a nomination may also be made for a member to serve "at large", the member "at large" living in the given area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates nominated to serve "at large" then the person receiving the second highest number of votes shall be declared duly elected to the position "at large" in the school district.

(9) In all school board elections nominations may be made and board members chosen at the election by qualified electors of the entire school district thereof.

(10) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section."

Approved April 9, 1997