Delaware General Assembly


CHAPTER 321

FORMERLY

SENATE BILL NO. 526

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 302, VOLUME 49, LAWS OF DELAWARE, BEING AN "ACT TO INCORPORATE THE TOWN OF FENWICK ISLAND, DELAWARE", AS AMENDED, RELATING TO TOWN 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 6, Chapter 302, Volume 49, Laws of Delaware, as amended, by deleting the fifth sentence therein and subsUtuting therefor the following:

"a member of the Town Council shall only be qualified to hold office so long as he or she Is qualified to vote in the Town of Fenwick Island; he or she shall no longer be eligible to serve as a member of the Town Council from the date of the act or event causing the member to be ineligible", and by deleting the underscoring in the aforesaid section.

Section 2. Amend Section 7, Chapter 302, Volume 49, Laws of Delaware, u amended, by deleting in the first sentence the numerical figure "30", and subsUtuting therefor the numerical figure "45".

Section 3. Amend Section 9, Chapter 302, Volume 49, Laws of Delaware, as amended, by deleting the second sentence and subsituting therefor the following:

"For the purposes of determining the eligibility to vote, the term 'freeholder or his spouse' shall not include persons who claim title to real property by virtue of their ownership rights in a limited partnership, a corporaUon, or other ficUcious name association, or in special circumstances, where an organization U formed for the apparent or express purpose of taking Utle to property principally to acquire the right to vote, or a person or persons who claim UUe to less than 50 percent of the real property which U owned Jointly with a corporation, limited partnership, or fictitious name organization."

Approved June 27, 1986.