CHAPTER 346

FORMERLY

SENATE BILL NO. 278

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO BRING SECTIONS 5, 8, 9 AND 10 OF THE CHARTER OF THE TOWN INTO COMPLIANCE WITH TITLE 15, CHAPTER 75 OF THE DELAWARE CODE; AND TO AMEND SECTION 16 OF THE CHARTER TO REQUIRE THE TREASURER TO BE A RESIDENT OF THE TOWN.

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 5, Qualifications Of Mayor And Commissioners And Voters, subsection (c)(1)a. of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding to the end of the subsection between "Town" and the period ("."): "for at least one year immediately prior to the date of the annual election".

Section 2. Amend Section 5, Qualifications Of Mayor And Commissioners And Voters, subsection (c)(1)b. of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking the phrase "for at least six (6) months prior to such date of filing" and by substituting in lieu thereof: "for at least one year immediately prior to the date of the annual election".

Section 3. Amend Section 5, Qualifications Of Mayor And Commissioners And Voters, subsection (c)(1)c. of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding to the first sentence thereof the phrase "for at least one year immediately prior the date of the annual election" between "freeholder" and "be deemed".

Section 4. Amend Section 5, Qualifications Of Mayor And Commissioners And Voters, subsection (d)(3) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding the phrase "for thirty days immediately prior to the date of the annual election" between "bona fide resident" and "of the Town".

Section 5. Amend Section 5, Qualifications Of Mayor And Commissioners And Voters, of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding thereto a new subsection (e) to read as follows:

"(e) These provisions shall be construed in accordance with the principle of "one-person/entity, one vote": If a voter is entitled to vote by virtue of being both a resident and an owner of real property, the voter is entitled to only one vote; if a voter is entitled to vote by ownership of two or more parcels of real property, the voter is entitled to only one vote.".

Section 6. Amend Section 5, Qualifications Of Mayor And Commissioners And Voters, of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding thereto a new subsection (f) to read as follows:

"(f) The Commissioners may, by ordinance, provide for a voter registration procedure.".

Section 7. Amend Section 8, Organization Meeting, subsection (a) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking from the first sentence in subsection (a) the phrase "shall be held within one day three days following the annual election” and by substituting in lieu thereof the phrase “shall be held after seven days following the annual election".

Section 8. Amend Section 9, Method of Filing For Office Of Town Commissioner, subsection (a) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking the phrase "on or before the close of business on the Second Friday in July" and by substituting in lieu thereof the phrase "at or before 4:30 p.m. on the second Friday in July".

Section 9. Amend Section 10, Manner Of Holding Elections, subsection (a) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking the phrase "not less than fifteen (15) days before the day of such annual election" and by substituting in lieu thereof the phrase "not less than twenty (20) days before the day of such annual election".

Section 10. Amend Section 10, Manner Of Holding Elections, subsection (c) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking the phrase "at least 15 days before such election" and by substituting in lieu thereof the phrase "at least 60 days before such election".

Section 11. Amend Section 10, Manner Of Holding Elections, of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by adding thereto a new subsection (j) to read as follows:

"(j) The procedures enacted by the General Assembly as Subchapter IV, Municipal Elections Except for the City of Wilmington under Title 22, §101A, and Subchapter V, Absentee Voting in Municipal Elections Except for the City of Wilmington, under Chapter 75, Title 15 of the Delaware Code, are included and incorporated herein by reference.".

Section 12. Amend Section 16, The Treasurer, subsection (b) of the Charter of the Town of Henlopen Acres, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking subsection (b) in its entirety and by substituting in lieu thereof the following:

"(b) The Treasurer must be a resident of the Town of Henlopen Acres.".

Approved July 16, 2008