HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 133

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter III of Chapter 10, Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§ 1054. Vacancy on school board.

(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below:

(4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year and on or before the filing deadline established in § 1075 (a) of this title , the respective Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday.

SYNOPSIS

This bill would create an end date for the special filing deadline created by school board vacancies that arise after the second Friday in February. The new end date for these vacancies would be the first Friday in March. Any vacancies that arise after the first Friday in March would be filled by the remaining members on the School Board for the remainder of the fiscal year.