LAWS OF DELAWARE
VOLUME 83
CHAPTER 19
151st GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 41
AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO ELECTIONS.
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 3.3 of the Charter of the Town of Georgetown by making the deletions as shown by strike through and insertions as shown by underline as follows:
3.3 Notice of Solicitation of Candidates: Notice of Candidacy
3.3.1 Notice of Solicitation of Candidates. Not less than twenty (20) 20 calendar days prior to before the filing deadline for Notices of Candidacy, the Town shall post a ‘Notice of Solicitation of Candidates’ in at least two (2) 2 public places in the Town, one of which shall must be at the Town Hall. If the Town has a website, such the notice shall must also be posted on the website. The Town shall provide a copy of such notice to the Department of Elections. Such The notice shall must include the term or terms of each office up for election, the deadline and procedure for declaring candidacy for an office up for election, and the qualifications for holding each office. If the Town permits absentee ballots, the notice shall must also include information concerning how to obtain an absentee ballot. Under 15 Del. C. § 7553, the Town shall provide a copy of the notice to the Department of Elections.
3.3.2 Statement of Candidacy. In order to To be listed on the ballot at any regular or special election of Town Council members, each a candidate shall must file a Statement of Candidacy on a form as prescribed by the Town of Georgetown, with the Town Manager. Such The statement shall must contain an affirmation that the candidate meets all of the qualifications for holding office. The Statement of Candidacy shall must be submitted on or before 5:00 p.m. on the fourth third Friday in April. If such day be the third Friday in April is a legal holiday, the last day for filing notification of candidacy shall be is the last business day immediately preceding the fourth third Friday in April.
The Town Manager shall present all timely received Statements of Candidacy to the Town Council for certification at a special meeting to be held after the filing deadline.
Upon the submission of a Statement of Candidacy, the candidate shall file a Certificate of Intention or Statement of Organization with the State of Delaware, Department of Elections, State Election Commissioner no later than seven (7) 7 calendar days after the declaration of candidacy.
3.3.3 Compliance with Municipal Election Statute Statutes. Every candidate for Town office, and every effected affected Town Official, shall comply with the provisions of 15 Del. C. § 7555 (d) through (h) as amended, and other applicable state laws, as regards in regard to the filing of ‘Certificates of Intention’ or ‘Statements of Organization’. In accordance with 15 Del.C. § 7555 (l) 15 Del. C. § 7555(l), the Town shall submit the names of candidates for each office up for election to the Department of Elections in Sussex County no later than one (1) 1 business day following the deadline for filing a Statement of Candidacy under Section 3.3.2 above. Section 3.3.2 of this Charter.
Section 2. Amend Section 3.4 of the Charter of the Town of Georgetown by making the deletions as shown by strike through and insertions as shown by underline as follows:
3.4 Elections.
3.4.4 Date, Time, and Place and Manner of Conducting.
(2) Notice of Elections. Notice of town elections, including the date, time, and place thereof, the names of the candidates for each office to be filled, and the qualifications to vote in the election shall must be given by posting notice thereof in at least two (2) 2 public places in the town, one (1) 1 of which shall must be at the Town Hall, not less than twenty (20) 20 calendar days before the day of such election and by publishing notice thereof in a newspaper of general circulation in the town at least seven (7) calendar days prior to the date of the election. The published notice shall be in bold print or bordered in black in such manner as to call attention thereto. prominently on the Town’s website.
(6) Board of Elections. Every election shall must be held under the supervision of the Board of Elections. The Board of Elections shall must consist of three (3) or five (5) persons (as determined by the Town Council) 3 persons who shall be are qualified voters of the town and who shall not themselves be are not an elected official or candidate or an immediate family member of an elected official or candidate (mother, father, son, daughter, brother, sister, including half-brothers and half-sisters, stepfamily members, and in-laws). The A Board of Elections shall must be appointed for before each Town Council election by the Town Council at least twenty (20) 20 calendar days before such a Town Council election. Members of the Board of Elections shall be must be issued a Certificate of Appointment and shall take the oath or affirmation set out in 15 Del.C. §7551(d) 15 Del. C. § 7551(d). Members of the Board of Elections shall not engage in ‘electioneering’ as defined in 15 Del.C. §7551(e) 15 Del. C. § 7551(e). After installation of the Board of Elections, the Town shall notify the Commissioner of Elections State Election Commissioner and the Department of Elections of the Board’s members, and post the names and contact information for the Board of Elections in the Town Hall and, and on the Town’s website (if it has one). The Town Council may, at the same time it appoints the Board of Elections, appoint up to three ‘alternate’ members (designated as ‘first’, ‘second’, and ‘third’ alternate) to assume office in the event that one or more of the original Board of Elections resigns, is disqualified, or is otherwise unable to serve. Each alternate member shall must meet all the qualifications for serving on the Board of Elections and shall conduct themselves in the manner required for members of the Board of Elections. In the event that it becomes necessary for one or more of the alternates to serve, they shall must be provided a Certificate of Appointment, administered the oath or affirmation, and notice of their appointment provided as in the case of the original members of the Board of Elections. Members of the Board of Elections shall be are the sole and final judges of the conduct of the election and of the legality of the votes offered. The Board of Elections shall determine all challenges and other issues involving the conduct of the election at the polling place. The Board of Elections shall keep a list of all voters voting at said election. The Board of Elections shall have has the power to administer oaths, subpoena persons, and officers of the town, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered.
(7) Election Officers. As defined in 15 Del.C. §7556 15 Del. C. §§ 7556 and 7557, the Board of Elections shall appoint a sufficient number of Election Officers to assist in conducting the Town Election in a fair and equal manner. Any Election Officer who violates the provisions of the Municipal Election statute statutes shall must be forthwith removed by the Board of Elections.
(9) Recounts. The Board of Elections shall recount the absentee ballots (if any) if the difference between the top two candidates is one half (½) ½ of one percent (1%) 1% or less than the total votes cast for that office. Where citizens vote for more than one candidate for an office, the Board of Elections shall recount absentee the ballots if the difference between the last candidate elected and the next closest candidate are one-half (½) ½ of one percent (1%) 1% or less than the total votes cast for the office.
(10) Ties. In the event of a tie vote for any office, the Board of Elections shall determine such tie by a majority vote of the entire Board of Elections. In the event of a tie vote for any office, a special election for said office, only, must be held within 30 days of the election that resulted in the tie vote, and the listing of registered voters must remain closed until the end of the day of the special election.
Approved June 3, 2021