CHAPTER 61

FORMERLY

SENATE BILL NO. 137

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 197, VOLUME 54 OF THE LAWS OF DELAWARE AS AMENDED, RELATING TO THE CITY OF REHOBOTH BEACH.

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 (d), Section 2, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the following two paragraphs, as said two paragraphs appear therein:

“The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and own property in The City, and at least one of whom shall reside and own property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in the Municipal Building and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents, property owners or leaseholders of The City shall be deposited in the other such ballot box. The polling places shall be opened from 1:00 o’clock P.M., prevailing time, until 6:00 o’clock P.M., prevailing time, on the date set for the Special Election.

Immediately upon the closing of the polling places, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Election shall make a certificate under their hands of the number of votes cast for and against the proposed annexation, and the number of void votes, and shall deliver the same to The Commissioners of Rehoboth Beach. The said certificate shall be filed with the papers of the Commissioners of Rehoboth Beach.”

and substituting in lieu thereof the following two paragraphs:

“The Mayor shall appoint three (3) persons to act as Election Officials, at least one of whom shall reside and own property in The City, and at least one of whom shall reside and own property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in the Municipal Building and the Election Officials shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents, property owners or leaseholders of The City shall be deposited in the other such ballot box. The polling places shall be opened from 1:00 o’clock P.M., prevailing time, until 6:00 o’clock P.M., prevailing time, on the date set for the Special Election.

Immediately upon the closing of the polling places, the Election Officials shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Election Officials shall make a certificate under their hands of the number of votes cast for and against the proposed annexation, and the number of void votes, and shall deliver the same to The Commissioners of Rehoboth Beach. The said certificate shall be filed with the papers of the Commissioners of Rehoboth Beach.”

Section 2. Amend Section 4, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Section 4 in its entirety and substituting in lieu thereof the following:

“Section 4 Ballots may be cast in person or by absentee ballot in all elections. Absentee voting shall be in compliance with the applicable provisions of Title 15 of the Delaware Code.”

Section 3. Amend Subsections (a), (b) and (c), Section 7, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) Annual Municipal Elections shall be held on the second Saturday in the month of August from 10:00 in the morning, prevailing time, until 6:00 in the evening, prevailing time, at such public place or places as shall be determined by the Commissioners of Rehoboth Beach, due notices of which shall be given in compliance with the applicable provisions of 15 Del. C. § 7501 et seq. In the event there is no contest for any of the several offices in any year, the polls shall remain open for only one hour, commencing at 10:00 a.m. in the morning, prevailing time and closing at 11:00, prevailing time, on the second Saturday in August. Persons in the polling place at 6:00 in the evening shall be entitled to vote even though such votes may be cast after 6:00 in the evening, prevailing time.

(b) Voting Machines shall be utilized during Annual Municipal Elections in compliance with the applicable provisions of 15 Del. C. § 7501 et seq.

(c) Every Annual Municipal Election shall be held under the supervision of the Election Officials. The Election Officials shall consist of one (1) Inspector of the Election and such Officers of the Election as shall be appointed by the Commissioners of Rehoboth Beach. The Inspector and such Officers constituting the Election Officials shall be qualified voters of the City of Rehoboth Beach and shall be appointed for that purpose by the Commissioners at least two (2) weeks before such Annual Municipal Election. If, at the opening of the polls, the Election Officials shall not be present, then in such case the persons qualified to vote at such Annual Municipal Election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to act as the Election Officials to fill such vacancies caused by the absence of the Election Officials. The Election Officials shall be judges of the Annual Municipal Election and shall decide upon the legality of the votes offered. The Election Officials shall keep a true and accurate list of all voters voting at the Annual Municipal Election. The Election Officials shall have the power to subpoena persons, and officers of the City of Rehoboth Beach and books, records and papers relative to the termination of the validity of any vote or votes offered.”

Section 4. Amend Subsections (e), (f), (g), (h) and (i), Section 7, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsections (e), (f), (g), (h) and (i) in its entirety and substituting in lieu thereof the following:

“(e) In the event of a challenge to the identity or qualifications of a voter, the Inspector of the Election shall hear and decide the challenge.

(f) Upon the close of the election, the votes shall be read and counted publicly and the person having the highest number of votes for each office shall be declared, by the Election Officials, to be duly elected, and such person shall continue in office during the terms for which they were chosen, or until their successors are duly elected or appointed and qualified.

(g) In the event of a tie vote for any office, the Election Officials shall determine the tie by lot.

(h) The Election Officials, as soon as possible after the polls have closed and the results announced, shall deliver all election documents, envelopes, and absentee ballots to the Board of Elections. The Board of Elections shall secure the documents, envelopes, and absentee ballots until such time that they need to canvass the election.

(i) The Election Officials shall enter in a book, to be provided for that purpose, a minute of the election, containing the names of the persons chosen. They shall subscribe the same and shall give to the persons elected certificates of their election. The book, containing such matters, shall be preserved by The Commissioners and shall be evidence in any Court of Law and Equity.”

Section 5. Amend Subsection (a), Section 8, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the sentence "The Commissioners of Rehoboth Beach, at the first regular meeting following the annual election, shall meet for the purpose of organization at the usual place for holding meetings of The Commissioners of Rehoboth Beach.", as said sentence appears therein, and substituting in lieu thereof the sentence "The Commissioners of Rehoboth Beach, at the first regular meeting in September following the annual election, shall meet for the purpose of organization at the usual place for holding meetings of The Commissioners of Rehoboth Beach.".

Section 6. Amend Section 20, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the title "BOARD OF HEALTH" as said title appears therein and substituting in lieu thereof the title "BOARD OF ELECTIONS".

Section 7. Amend Section 20, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the phrase "(Reserved)" as said phrase appears therein and substituting in lieu thereof the following:

“(a) The Mayor and Commissioners of the City of Rehoboth Beach shall appoint the Board of Elections members for a term of three (3) years. However, initial appointments shall consist of one (1) person with an appointment for one (1) year, one (1) person with an appointment for two (2) years, and one (1) person with an appointment for three (3) years. The Board of Elections shall consist of any odd number of members, but shall not be less than three (3) members. All members of the Board of Elections shall meet the appointment qualifications as specified in 15 Del. C. § 7501 et seq.

(b) Board of Elections appointees shall be sworn or affirmed by the Alderman of the City of Rehoboth Beach, the Mayor of the City of Rehoboth Beach, or a Justice of the Peace. Confirmation of a member of the Board of Elections shall have that member swear or affirm both orally and in writing the oath specified in 15 Del. C. § 7501 et seq.

(c) It shall be the duty of members of the Board of Elections, as empowered by 15 Del. C. § 7501 et seq. and the ordinances of the City, to perform prescribed duties with fidelity and without favor or electioneering to accomplish the proper conduct of municipal candidate elections within the City of Rehoboth Beach.

(d) Any member of the Board of Elections may be removed from office for cause after a public hearing by a majority vote of the Commissioners of Rehoboth Beach.

(e) Any and all aspects of process and procedures with regard to the Board of Elections shall be consistent with the Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq.

Section 8. Amend Subsection k, Section 40, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsection k in its entirety and substituting in lieu thereof the following:

“k. The Mayor of the City of Rehoboth Beach shall appoint Election Officials who shall have the same qualifications provided in this Charter as the Election Officials of an Annual Municipal Election of the City of Rehoboth Beach.”

Section 9. Amend Subsection m, Section 40, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsection m in its entirety and substituting in lieu thereof the following:

“m. Immediately upon the closing of the polling places, the Election Officials shall count the ballots for and against the proposed borrowing and shall announce the result thereof and shall make a certificate under their hands of the number of votes cast for and the number of votes cast against the proposed borrowing and the number of void votes and shall deliver such certificate, in duplicate, to the Commissioners of Rehoboth Beach. The said certificate shall be filed with the papers of the Commissioners of Rehoboth Beach.”

Section 10. Amend Subsection m, Section 41A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the phrase "a Board of Special Election" as said phrase appears therein, and substituting in lieu thereof "Election Officials".

Section 11. Amend Subsection n, Section 41A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsection n in its entirety and substituting in lieu thereof the following:

“n. Immediately after the closing of the polling place or places, the Election Officials shall count the ballots for and against the proposition as presented, and shall announce the results thereof. The Election Officials shall make a certificate under their hands of the number of votes cast for and against the proposed ordinance and the number of void votes, and shall deliver the same to the Commissioners of Rehoboth Beach. The said certificate shall be filed with the papers of the Commissioners of Rehoboth Beach.”

Section 12. Amend Subsection p, Section 41A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Subsection p in its entirety and substituting in lieu thereof the following:

“p. If the majority of the residents and property owners voting on a referred ordinance vote against such ordinance, it shall be considered repealed upon the certification of the result of the election by the Election Officials. No ordinance which as been repealed as the result of a referendum shall be passed again in the same form by the Commissioners of Rehoboth Beach for a period of six (6) months from the date of the referendum.”

Section 13. Amend Subsection m, Section 41A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the phrase "Board of Election" as said phrase appears therein, and substituting in lieu thereof "Election Officials".

Section 14. Amend Subsection q, Section 41A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking the phrase "Board of Election" as said phrase appears therein, and substituting in lieu thereof "Election Officials".

Section 15. Amend Section 42A, Chapter 197, Volume 54 of the Laws of Delaware, as amended, by striking Section 42A in its entirety.\

Section 16. If any provision of this Act shall be deemed or held to be invalid or unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not affect any other provision of this Act which may be given effect without such invalid or unenforceable provision, and to this end, the provisions of this Act are hereby declared to be severable.

Section 17. This Act shall become effective upon its enactment into law.

Approved June 28, 2007