CHAPTER 138

FORMERLY

SENATE BILL NO. 44

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ELECTIONS.

WHEREAS, there is some confusion as to the procedure to fill vacancies on the School Boards of this State; and

WHEREAS, there is a conflict in the hours to hold school board elections and referenda.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1054 (b), Title 14, Delaware Code, by striking said subsection in its entirety and substituting in lieu

thereof the following:

“(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below:

(i) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than five business days following the vacancy.

(ii) A person appointed to fill a vacant seat shall meet the qualifications to be elected to that seat.

(iii) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for two consecutive weeks in a newspaper of general circulation in the school district.

(iv) When a vacancy occurs on a School Board after the 2nd Friday in February of a fiscal year, the respective Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or State Holiday, the deadline shall be the first business day following that Saturday, Sunday or State Holiday.”

Section 2. Amend §1054 (c), Title 14, Delaware Code, by striking the word “Nominations” as it appears therein and substituting in lieu thereof the words “Candidate filings”.

Section 3. Amend §1066A (a) (2), Title 14, Delaware Code, by inserting before the period at the end of the third sentence the words “in accordance with §1054”.

Section 4. Amend § 1074(a) and (b), Title 14, Delaware Code, by striking the phrase, “3 days” in its entirety at each location therein and substituting in lieu thereof the phrase, “5 days”.

Section 5. Amend § 1907, Title 14, Delaware Code, by deleting the phrase “at 12:00 noon and shall close at 9:00 P.M.”, and by substituting in lieu thereof the following: “10:00 a.m. and shall close at 8:00 p.m”.

Section 6. Amend § 2122(f), Title 14, Delaware Code, by deleting the phrase “12:00 noon and shall close at 9:00 P.M.”, and by substituting in lieu thereof the phrase “10:00 a.m. and shall close at 8:00 p.m..

Section 7. This act shall become effective the 60th day following enactment.

Approved July 17, 2007