CHAPTER 414

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 519

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY.

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

Section 1. Amend §1141 of Title 9 of the Delaware Code by deleting subsections (a) through (h) in their entirety and substituting in lieu thereof the following:

“(a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members. Six of these members shall be elected from council districts. The 7th member shall be elected at large from New Castle County and shall serve as president of County Council.

(b) Notwithstanding any law to the contrary, except for the President of County Council, the terms of officials of the county governing body elected in the 1998 general election and any special election held after the 1998 general election but prior to the 2002 general election shall terminate on the second Tuesday in January following the 2002 general election. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2002 general election and any special election held following the 2002 general election to fill a vacancy in a seat elected in the 2002 general election, shall terminate on the second Tuesday in January following the 2006 general election. The President of County Council shall always be elected in the presidential election year.

(c) Notwithstanding any law to the contrary, following the 2002 general election, and to become effective with the 2004 general election and all subsequent elections, the County Council shall consist of 13 members. Twelve of these members shall be elected from council districts. The 13th member shall be elected at large from New Castle County and shall serve as the President of the County Council.

(d) Notwithstanding any law to the contrary, for the 2004 general election, the County Council shall reapportion the County into 12 council districts. This reapportionment shall split each existing council district into two districts or as close thereto as is possible pursuant to the terms of §1165 of this title. This reapportionment shall further be conducted in the manner specified in §1165 of this title using the 2000 United States Decennial Census. This reapportionment shall be completed on or before January 1, 2004. The six members elected in the 2002 general election shall continue to hold office, until their terms expire pursuant to subsection (b) of this section. Six additional members shall be elected from the districts newly created pursuant to §1165 of this title. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2004 general election and any special election held thereafter to fill a vacancy in a seat elected in the 2004 general election, shall terminate on the second Tuesday in January following the 2008 general election.

(e) An elected official shall take office on the second Tuesday in January following the general election.”

Section 2. Amend subsection (d) of §1156 of Title 9 of the Delaware Code by deleting the year “2002” as it exists therein and substituting in lieu thereof the date “2004”.

Section 3. Amend §1157 of Title 9 of the Delaware Code by deleting the year “2002” as it exists therein and substituting in lieu thereof the year “2004”.

Section 4. Amend §1165 of Title 9 of the Delaware Code by deleting subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) It shall be the mandatory duty of the County Council to redistrict New Castle County into council districts after each regular United States decennial census.

(1) To accomplish the redistricting after the 2000 decennial census, the County Council shall, within 60 days after the official reporting of the 2000 decennial census by the President to Congress, appoint 7 qualified voters of the County who shall comprise a Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each of the 7 council districts of the County, including 1 district comprising all of New Castle County, and shall not be employed by the County in any other capacity. No more than 4 of the members shall be affiliated with the same political party. Within 90 days after appointment by County Council, the Redistricting Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the council district boundaries to reapportion the County into 12 council districts with the following specifications:

(i) Each district shall contain contiguous territory; and

(ii) Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more than 15% from the average population for all districts, the average to be obtained by dividing the number 12 into the total population of the County according to the last census.

(2) To accomplish the redistricting commencing with the 2010 decennial census, and each decennial census thereafter, the County Council shall, within 60 days after the official reporting of the census by the President to Congress, appoint 13 qualified voters of the County who shall comprise a Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each of the 12 council districts of the County and one at-large, and shall not be employed by the County in any other capacity. No more than 7 of the members shall be affiliated with the same political party. Within 90 days after appointment by Council Council, the Redistricting Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the council district boundaries of districts 1 through 12 to comply with the following specifications:

(i) Each district shall contain contiguous territory; and

(ii) Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more than 15% from the average population for all districts, the average to be obtained by dividing the number 12 into the total population of the County according to the last census.”

Section 5. Amend subsection (d) of §1165 of Title 9 of the Delaware Code by deleting, in the last sentence thereof, the phrase “the boundaries of districts 1 through 6” and substituting in lieu thereof the phrase “the boundaries of districts 1 through 12”.

Section 6. Amend subsection (a) §1166 of Title 9 of the Delaware Code by deleting the year “2002” as it exists therein and substituting in lieu thereof the year “2004”.

Section 7. Amend §1166 of Title 9 of the Delaware Code by deleting subsections (b) through (d) in their entirety and by redesignating current subsections (e) through (h) as subsections (b) through (e) respectively.

Approved July 13, 2000