TITLE 15

Elections

Special, Municipal and Other Elections

CHAPTER 75. MUNICIPAL ELECTIONS

Subchapter III. Special Elections for Annexations for City of Wilmington under Title 22, § 101A


(a) Upon the enactment of a county ordinance pursuant to § 101A(a)(2)c. of Title 22, for a proposed annexation of territory by the City of Wilmington, and its approval by the County Executive pursuant to § 101A(a)(2)d. of Title 22, the County Council, by resolution, shall fix a date for the special election required by § 101A(a)(2)e. of Title 22, at which all voters qualified under § 7543 of this title may vote, on the question whether the proposed annexation should be approved.

(b) The special election shall be held not less than 30 days nor more than 60 days after the date of approval of the county ordinance enacted pursuant to § 101A(a)(2)c. of Title 22.

66 Del. Laws, c. 135, § 2.;

The special election shall be held on the date fixed by County Council pursuant to § 7540 of this title and shall be previously advertised by publishing a notice in a newspaper published within the County and having a general circulation therein, once in each of 2 weeks preceding the week in which the special election is held, and by posting a notice in a prominent place in the building at which County Council meets for the conduct of legislative business. The notices shall state the time and place of the special election and further state that the purpose of the special election is to determine whether a majority of the qualified voters in each parcel of the territory are in favor of the annexation by the City of Wilmington. The posted notice shall also provide a detailed description of the territory, including, but not limited to, a map showing the territory in relation to the City of Wilmington and the area surrounding the territory.

66 Del. Laws, c. 135, § 2.;

(a) The special election shall be held in the building in which is situated the offices of the Clerk of the Peace. The polls shall be open from 9:00 a.m. to 6:00 p.m. on the day of the special election and voting shall be by printed ballot, which shall give the qualified voters an opportunity clearly to indicate their consent or objection to the annexation of the territory by the City of Wilmington.

(b) The Clerk of the Peace shall:

(1) Act as judge of the special election;

(2) Prepare, publish and post the notices required under § 7541 of this title;

(3) Prepare the ballots required for the special election; and

(4) Perform such other duties as provided in this subchapter for the Clerk of the Peace.

66 Del. Laws, c. 135, § 2.;

(a) The following shall be considered qualified voters for a special election held with respect to an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington and shall be entitled to vote in such election as provided herein:

(1) Every person 18 years of age or older who at least 30 days prior to the date of the special election is a duly registered voter in the election district or districts of the County in which the territory is located, and who resides in said territory, shall be entitled to 1 vote each.

(2) Unless already qualified to vote under paragraph (1) of this subsection and subject to subsection (b) of this section each owner of a parcel of real estate located in the territory, as evidenced by the assessment records of the County, shall be entitled to 1 vote each. Corporations, limited partnerships or other entities which own real estate in the territory shall be entitled to 1 vote each under this subsection, which right to vote shall be permitted by the judge of the election at the special election upon receipt of a sealed, certified copy of a corporate resolution passed by the governing body of the corporation, or the equivalent of such resolution of the entity involved, authorizing an officer, agent or other person to vote on behalf of the entity at the special election.

(3) Unless already qualified to vote under paragraph (1) or (2) of this subsection, each holder of a then-current leasehold interest in a parcel in the territory, as evidenced by a certified copy of the lease reflecting that interest submitted to the judge of the election at the time of the special election, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (1) or (2) of this subsection, as the case may be.

(4) Unless already qualified to vote under paragraph (1), (2) or (3) of this subsection, each person, corporation, limited partnership or other entity, who in the determination of the judge of the election is qualified to vote under the provisions of subsection (b) of this section, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (1) or (2) of this subsection, as the case may be.

(5) In no event shall any person, corporation, limited partnership or other entity, or any holder of a leasehold interest, who or which is qualified to vote under this section, be entitled to more than 1 vote in such special election.

(b) Not less than 14 days prior to the special election, the Clerk of the Peace shall prepare from the books and records of the county Board of Assessment a list of the real estate owners of each parcel of the territory for which the special election is to be held. In addition, not less than 21 days prior to the special election the Department of Elections for the County shall provide the Clerk of the Peace with a current list of registered voters in the election district or districts in which the territory is located, who reside in the territory. From the 2 lists prepared pursuant to this subsection the Clerk of the Peace shall compile the voting list of the qualified voters for the special election. The voting list shall be evidence of the right of qualified voters to vote in the special election, except as hereinafter provided:

(1) Real estate owners who sold their property or properties in the territory prior to the date of the special election shall not be permitted to vote but the then owners of the property or properties shall be entitled to vote in their place and stead upon furnishing the judge of the election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded; provided, however, that if the new owner is a corporation, limited partnership or other entity, the new owner must also comply with the provisions of paragraph (a)(2) of this section;

(2) Any person claiming the right to vote at the election as an heir of any real estate owner in the territory who has died since the preparation of the voting list, or as trustee or guardian under the terms of the last will and testament of such real estate owner (who has died since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person's ownership of, or interest in, the property of such real estate owner, and shall thereupon be permitted to vote as if qualified under paragraph (a)(2) of this section; or

(3) Each person, corporation, limited partnership or other entity qualified to vote in the special election pursuant to paragraph (a)(3) of this section shall be permitted to vote despite their absence from the voting list prepared by the Clerk of the Peace.

66 Del. Laws, c. 135, § 2; 70 Del. Laws, c. 186, § 1.;

(a) The following shall be considered qualified voters for a special election held with respect to an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington and shall be entitled to vote in such election as provided herein:

(1) Every person 18 years of age or older who at least 30 days prior to the date of the special election is a duly registered voter in the election district or districts of the County in which the territory is located, and who resides in said territory, shall be entitled to 1 vote each.

(2) Unless already qualified to vote under paragraph (1) of this subsection and subject to subsection (b) of this section each owner of a parcel of real estate located in the territory, as evidenced by the assessment records of the County, shall be entitled to 1 vote each. Corporations, limited partnerships or other entities which own real estate in the territory shall be entitled to 1 vote each under this subsection, which right to vote shall be permitted by the judge of the election at the special election upon receipt of a sealed, certified copy of a corporate resolution passed by the governing body of the corporation, or the equivalent of such resolution of the entity involved, authorizing an officer, agent or other person to vote on behalf of the entity at the special election.

(3) Unless already qualified to vote under paragraph (1) or (2) of this subsection, each holder of a then-current leasehold interest in a parcel in the territory, as evidenced by a certified copy of the lease reflecting that interest submitted to the judge of the election at the time of the special election, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (1) or (2) of this subsection, as the case may be.

(4) Unless already qualified to vote under paragraph (1), (2) or (3) of this subsection, each person, corporation, limited partnership or other entity, who in the determination of the judge of the election is qualified to vote under the provisions of subsection (b) of this section, shall be entitled to 1 vote each, which shall be permitted in the same fashion as if carried out under the provisions of paragraph (1) or (2) of this subsection, as the case may be.

(5) In no event shall any person, corporation, limited partnership or other entity, or any holder of a leasehold interest, who or which is qualified to vote under this section, be entitled to more than 1 vote in such special election.

(b) Not less than 14 days prior to the special election, the Clerk of the Peace shall prepare from the books and records of the county Board of Assessment a list of the real estate owners of each parcel of the territory for which the special election is to be held. In addition, not less than 21 days prior to the special election the Department of Elections shall provide the Clerk of the Peace with a current list of registered voters in the election district or districts in which the territory is located, who reside in the territory. From the 2 lists prepared pursuant to this subsection the Clerk of the Peace shall compile the voting list of the qualified voters for the special election. The voting list shall be evidence of the right of qualified voters to vote in the special election, except as hereinafter provided:

(1) Real estate owners who sold their property or properties in the territory prior to the date of the special election shall not be permitted to vote but the then owners of the property or properties shall be entitled to vote in their place and stead upon furnishing the judge of the election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded; provided, however, that if the new owner is a corporation, limited partnership or other entity, the new owner must also comply with the provisions of paragraph (a)(2) of this section;

(2) Any person claiming the right to vote at the election as an heir of any real estate owner in the territory who has died since the preparation of the voting list, or as trustee or guardian under the terms of the last will and testament of such real estate owner (who has died since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person's ownership of, or interest in, the property of such real estate owner, and shall thereupon be permitted to vote as if qualified under paragraph (a)(2) of this section; or

(3) Each person, corporation, limited partnership or other entity qualified to vote in the special election pursuant to paragraph (a)(3) of this section shall be permitted to vote despite their absence from the voting list prepared by the Clerk of the Peace.

66 Del. Laws, c. 135, § 2; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 275, § 100.;

No later than 3 days after the holding of the special election, the judge of the election shall tabulate the ballots and certify the result to the County Council and to the Wilmington City Council under that judge of election's hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.

66 Del. Laws, c. 135, § 2; 70 Del. Laws, c. 186, § 1.;

If only 1 qualified voter in the territory exists for the purpose of determining whether an annexation initiated pursuant to § 101A of Title 22 for the City of Wilmington shall be approved, notwithstanding any other provisions in this subchapter or in Title 22 the annexation shall be deemed approved if, within 7 days of the County Executive's approval of the county ordinance pursuant to § 101A(a)(2)f. of Title 22, the qualified voter files with the Clerk of the Peace a sworn affidavit approving of the annexation. If the qualified voter is a corporation, limited partnership or other entity, such affidavit must be accompanied by a suitable sealed, certified copy of a corporate resolution or its equivalent authorizing an officer, agent or other person to execute the affidavit approving the annexation on behalf of the entity. On receipt of said affidavit, together with the authorization, if any, the Clerk of the Peace shall certify the approval to the County Council and to the Wilmington City Council under that Clerk of the Peace's hand and seal. Said certification shall, for all intents and purposes, be construed as the required certificate under § 7544 of this title and § 101A(a)(2)f. of Title 22.

66 Del. Laws, c. 135, § 2; 70 Del. Laws, c. 186, § 1.;

For the purposes of this subchapter, the following terms shall have the meanings described herein:

(1) "Clerk of the Peace" shall mean the Clerk of the Peace for New Castle County.

(2) "County" shall mean New Castle County.

(3) "County Council" shall mean the New Castle County Council.

(4) "County Executive" shall mean the New Castle County Executive.

(5) "Parcel" shall have the meaning set forth in § 101A(c)(4) of Title 22.

(6) "Territory" shall have the meaning set forth in § 101A(c)(6) of Title 22.

66 Del. Laws, c. 135, § 2.;