CHAPTER 21

FORMERLY

SENATE BILL NO. 31

AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO PROVIDE THAT NEWLY ELECTED COMMISSIONERS MAY BEGIN ACTION AT THE ORGANIZATION MEETING AND THAT COMMISSIONERS ARE NO LONGER HEADS OF DEPARTMENTS, TO CLEARLY AUTHORIZE THE ELECTION BOARD TO BE THE SOLE AND FINAL JUDGE AS TO THE CONDUCT OF THE ELECTION, THE LEGALITY OF VOTES OFFERED AND THE ELECTION RESULTS, AND TO PROVIDE FOR ABSENTEE BALLOTING IN MUNICIPAL ELECTIONS.

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 Subsection (b), Section 8, Organization Meeting, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking in the first sentence the phrase "at the first regular meeting following the annual election".

Section 2. Amend Subsection (b), Section 8, Organization Meeting, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking from the sentence beginning "The Commissioners shall likewise select a Secretary . . ." the phrase "to serve until the first regular meeting after the next succeeding election" and substituting in lieu thereof the phrase "until the Organization Meeting after the next succeeding annual election."

Section 3. Amend Subsection (c), Section 8, Organization Meeting, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking in the first sentence, the phrase "by ordinance" and substituting in lieu thereof the phrase "by resolution".

Section 4. Amend Subsection (b), Section 14, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking the sentence: "At least one Commissioner must be appointed to each department or division created by the Commissioners."

Section 5. Amend Section 15, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by adding a new subsection (j) to read as follows:

"(j) He shall perform such other responsibilities and duties as the Mayor and Commissioners may assign."

Section 6. Amend Section 10, Manner of Holding Election, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by adding new subsections to be designated as (h) and (i) as follows:

"(h) The Town may provide for absentee balloting by ordinance.

(i) Members of the Election Board shall be the sole and final judges of the conduct of the elections, the legality of votes offered and the election results."

Approved April 10, 2001