Delaware General Assembly


CHAPTER 230

FORMERLY

HOUSE BILL NO. 277

AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN.

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 the Charter of The Town of Laurel by making deletions as shown by strike through and insertions as shown by underline as follows:

Section 6.

The qualifications for Mayor and Town Councilman at the time of filing his Candidate Filing Form shall be as follows:

(a) The Mayor shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and a registered voter of The Town of Laurel.

(b) The Town Councilman from the First Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and a bona fide resident of the First Ward, and a registered voter of The Town of Laurel.

(c) The Town Councilman from the Second Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and a bona fide resident of the Second Ward, and a registered voter of The Town of Laurel.

(d) The Town Councilman from the Third Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and a bona fide resident of the Third Ward, and a registered voter of The Town of Laurel.

(e) The Town Councilman from the Fourth Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and a bona fide resident of the Fourth Ward, and a registered voter of The Town of Laurel.

(f) Each of the Councilmen-At-Large shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel for a minimum of one year and shall also have the qualifications established in Section 4 of this Charter. Each Councilmen-At-Large shall be a registered voter of The Town of Laurel.

(g) Each Town Councilman, Town Councilman-At-Large and the Mayor may not have been convicted of a felony that has not been pardoned in accordance with applicable law, and may not have been convicted of any of the crimes disqualifying a person from holding an office of trust, honor or profit under the State of Delaware as set forth in Article II, Section 21 of the Delaware Constitution.

(g) (h) Each of the qualifications for Mayor and Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any Town Councilman to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office.

Section 2. Amend the Charter of the Town of Laurel by making deletions as shown by strike through and insertions as shown by underline as follows:

Section 7.

(a) Every candidate for the office of Mayor, Councilman or Councilman-at-large shall not later than the close of business on the third Thursday of February in the year of the day of the General Municipal Election, file with the Town Manager a Candidate Filing Form provided by the Town Manager. The Candidate Filing Form will be filled out completely and signed by the candidate before a notary public. In addition to any other requirements set forth in the Candidate Filing Form, such notarized signature shall constitute the oath, affirmation or attestation of the candidate that such candidate meets all of the qualifications for office set forth in this Charter or Delaware law.

(b) The Town Manager shall deliver all Candidate Filing Forms to the Board of Election before the close of business on the fifth calendar day following the third Thursday in February. The Board of Election shall, within five (5) calendar days following delivery of the Candidate Filing Forms, review all Candidate Forms for completeness and to insure that the candidate is qualified to be a candidate for the office for which he has filed.

(c) If the candidate is not qualified, the Board of Election will notify the candidate in writing, specifying the reason or reasons why he is not qualified. The Inspector of the Board of Election shall not sign the candidate filing form if the candidate is not qualified.

(d) If the candidate is qualified as determined by the Board of Election, the Inspector shall sign the candidate filing form and return it to the Town Manager.

(e) Notice of the time and date of the General Municipal Election and of the offices to be filled and the candidates therefor, including the number of the Ward in which each of the candidates resides, shall be published in a newspaper of general circulation in the Town and by posting notice in five (5) public places within the corporate limits of the Town not less than one (1) week before the day of the General Municipal Election.

Approved May 11, 2016