Delaware General Assembly


CHAPTER 714

AN ACT TO AMEND CHAPTER 183, VOLUME 22, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF GREENWOOD" TO PROVIDE QUALIFICATIONS TO REGISTER AND A REGISTRATION SYSTEM FOR VOTERS AND TO PRESCRIBE THE QUALIFICATIONS FOR CANDIDATES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. The second Paragraph of Section 2, Chapter 183, Volume 22, Laws of Delaware, as amended, is hereby amended by striking out all of said second Paragraph of Section 2 and substituting in lieu thereof a new second Paragraph of Section 2 to read as follows:

The said Commissioners shall give at least twenty (20) days' notice by advertising the particulars concerning the annual election in a paper of general circulation in the Town of Greenwood or by posting notices of the annual election in at least five (5) public places in said town, or both. Each candidate for any office shall notify the Secretary in writing of his candidacy for office; or five (5) or more persons qualified to vote in the annual election may file the name of the candidate for office with the Secretary provided the candidate endorses his written consent thereon. All such notifications must be filed with the Secretary before eight o'clock in the evening, prevailing time, on the tenth day before the date of the annual election. In order to hold any office, a person shall possess the following qualifications:

1. A bona fide citizen of the United States and of the State of Delaware and a resident freeholder of the town for at least two (2) years next preceding the date of the annual election; and

2. At least twenty-one (21) years of age; and

3. A non-delinquent taxpayer of the town for at least one (1) year next preceding the date of the annual election.

At the annual election, every person, male or female, who shall have attained the age of twenty-one (21) years on the date of the annual election and who shall have been a bona fide resident of the State of Delaware for a period of one (1) year and of said town for a period of six (6) months on the date of the annual election and also every person, male or female, who shall have attained the age of twenty-one (21) years and who shall have been a freeholder in the Town of Greenwood for a period of at least six (6) months immediately preceding the date of the annual election, whether or not a resident of the State of Delaware or of the Town of Greenwood, shall have one (1) vote provided he or she has registered on the "Books of Registered Voters" of the Town of Greenwood. The Town Council shall provide two registers to be known as the "Books of Registered Voters" which shall be kept by the Secretary and shall be conclusive evidence of the right of any person to vote at the annual election. The Books of Registered Voters shall contain the names of those persons who have registered in alphabetical order and the following information for each registrant: The name and permanent address of the registrant, the local address of the registrant, the birthdate of the registrant, the date the registrant became a resident of the State of Delaware and the date the registrant became a resident of the Town of Greenwood, the date the registrant became a freeholder of the Town of Greenwood, and other pertinent information. No person shall be registered upon the Books of Registered Voters unless he or she will have acquired the qualifications to vote in the annual election for the year in which he or she registers. A person shall be required to register one time; provided, however, that if a registered voter fails to vote in two consecutive annual elections in which there is a contest, his name shall be removed from the Books of Registered Voters and notice shall be sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the list of registered voters and that it will be necessary to register again in order to be eligible to vote in the annual election. A person may register at the office of the Secretary during the regular office hours by completing such forms as may be provided by the Town; provided, however, that no person shall be registered after the close of business on the tenth day prior to the date of the annual election. For the purposes of this Section, a freeholder shall be deemed to include any person who holds fee simple title to real property in his own name, or who holds title to an undivided interest in real property, or who holds title to real estate as a tenant by the entirety.

Approved July 15, 1970.