CHAPTER 16

FORMERLY

HOUSE BILL NO. 11

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 NO ELECTION SHALL BE HELD IF THERE IS NO CONTEST, CLARIFYING ELECTION NOTICE POSTING REQUIREMENTS AND INCREASING THE PENALTY FOR UNPAID TAXES.

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 Section 10 of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking subsection (a) thereof in its entirety and substituting in lieu thereof the following:

"(a) Annual municipal elections shall be held on the last Saturday in the month of August, from 9:00 a.m. to 12:00 noon at such place or places as shall be determined by the Commissioners, due notice of which shall be given by publication in one newspaper of general circulation within the Town and by posting in one conspicuous place, at the Town Hall or other conspicuous place determined by the Commissioners, not less than fifteen (15) days before the day of such annual election.

(1) In the event that no person files or is nominated for each office for which an election is to be held within the time set forth in Section 9 of this Charter, the incumbent shall be deemed to be reelected for a full term and it shall not be necessary to hold an election; and

(2) In the event that only one (1) person files or is nominated for each office for which an election is to be held within the time set forth in Section 9 of this Charter, the person who files or is nominated shall be deemed to be elected for a full term, and it shall not be necessary to have an election."

Section 2. Amend Section 23 of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking from subsection (d) thereof the phrase "one (1%) percentun per month" and substituting in lieu thereof the phrase "1 1/2% per month".

Section 3. Amend Section 10 of Chapter 504, Volume 57, Laws of Delaware as amended, entitled “An Act to Incorporate the Town of Henlopen Acres” by striking from subsection (b), the sentence “Paper ballot may be used in any annual municipal election in which there is no contest for any elective office."

Approved April 8, 2003