CHAPTER 26

FORMERLY

HOUSE BILL NO. 119

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK, 48 DEL. LAWS, CHAPTER 152, AS AMENDED, RELATING TO VACANCY IN ELECTIVE OFFICE.

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. 306 of the Newark Municipal Charter by deleting the third and fourth paragraphs and replacing thereto as follows:

“If a vacancy in the council, including the office of mayor, shall occur at a time when there are six months or more remaining in the term of the person whose seat has become vacant, such vacancy shall be filled for the remainder of the unexpired term at a special election to be held in the same manner in every respect as a regular election, on a date fixed by the council not less than 30 nor more than 60 days after the occurrence of the vacancy.

If a vacancy in the council, including the office of mayor, shall occur at a time when there are fewer than six months remaining in the term of the person whose seat has become vacant, such seat shall remain vacant until the next regular municipal election date. On such date, there shall be an election to fill said vacancy.”.

Approved May 17, 2007