TITLE 22

Municipalities

CHAPTER 8. HOME RULE

Subchapter III. Judicial Review


(a) Not later than 20 days after the result of a referendum has been proclaimed by the chief executive officer of a municipal corporation, any person resident therein may seek judicial review of the election by filing a verified complaint in the Superior Court of the county in which at least part of the municipal corporation is located. The complaint shall allege that the referendum was conducted unlawfully and shall set forth with particularity the unlawful acts which are the basis of the complaint.

(b) Notice of the pendency of an action for judicial review of an election shall be given to the chief executive officer of the municipal corporation, the Governor, President Pro Tem of the Senate, Speaker of the House, Secretary of State and Director of the Legislative Reference Bureau by sending to each a copy of the verified complaint by registered or certified mail on the same date that the action is filed in the Superior Court. Notice mailed to the chief executive officer of the municipal corporation shall not, however, supplant or be a substitute for service of process.

(c) When the verified complaint is filed, the case shall proceed, insofar as possible, as other civil cases in the Superior Court. However, the Superior Court may adopt special rules to govern review under this section. Cases brought under this section shall be accorded the same precedence as civil actions arising under § 3323(a) of Title 19.

(d) The Court's jurisdiction shall be confined solely to the lawfulness of the election. No person shall have standing in law or equity to attack the legality of substantive provisions of a municipal charter amended by referendum until the General Assembly has failed to negate the charter amendment in accordance with § 813(c) of this title nor while an action for review of the referendum is pending.

(e) If, after hearing the evidence, the Court concludes that the referendum was conducted lawfully, the result of the election as proclaimed by the chief executive officer of the municipal corporation shall be affirmed. Otherwise, the election shall be declared a nullity, unless the Court is persuaded the irregularity did not materially affect the result of the election. Court costs shall be imposed or apportioned among the litigants as the Court deems just.

(f) The Court's order under subsection (e) of this section shall not be appealable to the Supreme Court.

22 Del. C. 1953, § 820; 53 Del. Laws, c. 260; 55 Del. Laws, c. 135.;