CHAPTER 12
AN ACT TO AMEND CHAPTER 216, VOLUME 27, LAWS OF DELAWARE, ENTITLED "AN ACT AMENDING AND CONSOLIDATING THE CHARTER OF THE CITY OF NEW CASTLE."
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of all the Members elected to each Branch thereof concurring therein):
Section 1. That Chapter 216, Volume 27, Laws of Delaware, as amended by Chapter 142, Volume 29, Laws of Delaware, is further amended by striking from Section 4 thereof the words "and the Inspectors of Election in each ward,".
Section 2. That Chapter 216, Volume 27, Laws of Delaware, as amended by Chapter 142, Volume 29; Chapter 125, Volume 35; and Chapter 239, Volume 46, Laws of Delaware, is further amended by striking out all of Section 5, following the first sentence, and substituting in lieu of the stricken provisions the following:
Any person desiring to become a candidate for the office of Mayor, the president of Council, a member of Council, the treasurer and the city clerk, shall file with City Council his name, designating the office for which he seeks to become a candidate, no later than 5:00 P. M., E. S. T., of the last Monday preceding the last Tuesday in March immediately preceding the election, and shall, at the same time, deposit with the City Council the sum of $10.00 as a filing fee for use in defraying City Council's expenses of the election.
At any municipal election of the City of New Castle every person, male or female, the age of twenty-one years or above, who shall have been a resident of the City of New Castle for one year next preceding said election, shall be entitled to vote in the district in which he or
she
resides at the time of said election; provided, however, that no person shall vote whose name does not appear upon the last list of registered voters in the City of New Castle as hereinafter provided. No one voter shall be permitted to vote for more candidates than there are offices to be filled at said election. In voting, the name of the candidate or candidate for whom such voter does not desire to vote shall be crossed out on the ballot voted. If any ballot be defaced or bear any identifying marks, or if the person voting has attempted to vote for more candidates than there are offices to be filled at said election, said ballot shall not be counted for any candidate for office.
The Department of Elections of New Castle County, shall furnish to the registration officers for the several districts of New Castle Hundred in the year of any General Election, when it furnishes the registration books as now provided by law, two separate and similar books in which the said registration officers shall register all persons who are entitled to be registered who reside in the City of New Castle. One of these registration books for the City of New Castle shall be returned by the registration officers of New Castle Hundred to the Department of Elections of New Castle County as the other registration books are returnable, and the other registration book shall be returned to the City Council within thirty days after the last day of registration. The registration officers shall be under the same regulations and liabilities for the registration of the citizens of the City of New Castle as for the general registration for the Hundred. The City Council shall sit as a Board of Registration the third and fourth Wednesday and Thursday evenings of March of each year in which a city election is to be held, between the hours of seven and nine o'clock, E. S. T., for the purpose of adding to the said list of registered voters any unregistered person who shall apply and who shall have, since the last preceding general registration, become qualified as a voter at the City election, and to transfer those registered voters who have moved from one district to another, and the City Council shall place the names of voters so registered or transferred by the Council on the books of registered voters for the several districts. The said registration books so turned over to the Council of New Castle, with the additions and transfers made by the Council as above provided for, shall in every year of election under this Charter be turned over by the City Council on the day of such election to the Election Boards appointed to hold such election.
The election in each district shall be held under the supervision of an Election Board which shall consist of one Inspector and two Judges of Election. In addition, each Board shall have two Clerks to assist in conducting the election. No more than a majority of such Board shall be of the same political party. The members of the Board and the Clerks shall be qualified voters of the City of New Castle and residents of the district in which they are appointed to serve. The members of such Boards and the Clerks shall be appointed by the City Council in open meeting on the last Tuesday in March immediately preceding the election. Notice of such meeting shall be published in a newspaper having general circulation in the City of New Castle not less than one week before the day thereof. Before entering upon duties, the members of the Election Boards shall swear and subscribe to the following oath before any person authorized by law to administer oaths :
a resident of the
district of the City of New Castle, and a person qualified to vote at the municipal election of said City to be held on the day of , A D do hereby solemnly swear (or affirm) that I will truly and impartially conduct said municipal election in said district in accordance with law, and that I will cause a true return of said election to be made.
Sworn to (or affirmed) and subscribed before me, the undersigned, an officer authorized by law to administer oaths, this day of , A. D.
(Title)
Should any member of an Election Board or Clerk die or become unable to perform his duties, at any time, in connection with the election, a successor shall be appointed by the City Council in open meeting.
Members of the Election Boards shall be Judges of the Election within their respective districts and shall decide upon the legality of the votes offered. It shall have the authority to subpoena persons, and officers of the City and any books, records
and papers relative to the determination of the validity of any votes or vote offered. The Election Boards shall keep a true and accurate list of persons voting and those offering to vote but refused the right to do so. If a majority of an Election Board is of the opinion that a person offering to vote is not qualified to do so, the Election Board shall receive the vote of such person but not count it, shall thereafter return it in a separate package to the City Council with the name of the person who sought to vote such ballot. So far as the same shall not be inconsistent with this Charter, Inspectors and Judges of Election of the City of New Castle shall have the same powers and authority conferred upon Inspectors and Judges of Election under the General Election Laws of State of Delaware.
The Pay for Members of the Election Boards and Clerks and all expenses of said elections, including rental for polling places shall be fixed by City Council and paid out of City funds.
The City Council shall supply to the Election Boards all ballots, ballot boxes, paper, pens, oaths, certificates, and other supplies necessary for conducting said election. All ballots shall be printed and contain the names of all persons who have filed as candidates as hereinbefore provided, together with the designation of the office for which he is a candidate. The names of all candidates for the same office shall be listed on the ballot in alphabetical order.
The City council shall determine the places for holding said election in the several districts and shall give notice of the time and places of holding said election by posting notice thereof in at least three of the most public places in each of the districts of the City at least a week before the day on which said election is to be held, and by publishing notice thereof one time at least a week in advance of said day in a newspaper having general circulation in the City of New Castle. On the day of election the Election Boards shall open the polls at 7:00 A. M., E. S. T., and close the same at 7:00 P. M., E. S. T.
Upon the closing of the polls as aforesaid, the Members of the Election Boards and Clerks for each district shall publicly read and count the votes cast and shall certify the result of the election to the City Council showing the number of votes cast for each candidate whose name appears on the ballot.
The Members of the Election Boards shall make out and sign four such certificates of election, one such certificate shall be placed in the ballot box and returned with it to the City Council as aforesaid and the Members of the Election Boards shall each retain one of said certificates.
All ballots cast and all records of the election together with ballot boxes and all unused supplies shall be delivered by the Election Boards to the City Council to be kept safely and produced as hereinafter provided.
On the evening following any such election, the City Council shall meet at 8:00 o'clock for the purpose of canvassing said election. All members of the Election Boards shall appear before it at that time and present the certificates of election retained by them. The City Council shall canvass the vote in all districts and after ascertaining which candidates have received the greatest number of votes and have been thereby elected to the various offices, shall make out, sign and deliver certificates of election to the successful candidates.
In the event of a tie vote for election to any office, the City Council by majority of all its members shall determine the tie.
Section 3. That Chapter 216, Volume 27, Laws of Delaware, as amended by Chapter 113, Volume 38; Chapter 172, Volume 40; Chapter 240, Volume 46, Laws of Delaware, is further amended by striking from the last sentence of the third paragraph of Section 19 the words "and also the sum necessary to be raised for the use of the public schools according to the computation laid before the Council by the Board of Education in accordance with the law." and inserting in place of the comma following the word "determined" in that sentence, a period; by striking from Section 19 the entire fourth, fifth and seventh paragraphs; and by striking from the last paragraph of Section 19 the entire last sentence.
Approved March 4, 1965.