CHAPTER 220

FORMERLY

SENATE BILL NO. 280

AN ACT TO AMEND CHAPTER 295, VOLUME 65, LAWS OF DELAWARE, AS AMENDED, BEING AN ACT ENTITLED: "AN ACT TO RE-INCORPORATE THE TOWN OF BETHANY BEACH," TO AUTHORIZE THE TOWN COUNCIL TO CHANGE THE DATE FOR THE ANNUAL ELECTION IN ANY YEAR BY VOTE TAKEN NOT LATER THAN JULY 1ST OF THAT YEAR.

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 §5.3.1 of Chapter 295, Volume 65, Laws of Delaware, by deleting the period at the end of the sentence and inserting, in place thereof, the following:

", or until their successors are duly elected and qualified at the organizational meeting held pursuant to Section 6.1 of this Charter."

Section 2. Amend §5.4.5 of Chapter 295, Volume 65, Laws of Delaware, by deleting paragraph (a) in its entirety and in place thereof, inserting a new paragraph (a) as follows:

"(a) Date, Time, and Place. Unless revised as hereinafter-provided, annual elections for Town Council shall be held on the first Saturday after Labor Day at such time and place, within the Town, as shall be determined by the Town Council. The polls shall remain open for a six-hour period to be determined by the Town Council, provided however, that the Town Council may, not later than July 1st in any year, change the date of the annual election to another Saturday in September in that calendar year. In the event the Town Council acts to change the date of the annual election to a date other than the first Saturday after Labor Day, public notice of such change shall, within 15 days of such vote, (in addition to the notice required under Section 5.4.5 (b) of this Charter) be posted in five (5) public places in the Town and published in a newspaper of general circulation in the Town in bold print or bordered in black in such manner as to call attention thereto."

Approved January 22, 2002