CHAPTER 120
DEPARTMENT OF ELECTIONS – WILMINGTON
AN ACT to Repeal 1677 A. Section 21. Chapter 57 of the Revised Code of the State of Delaware as amended, en- titled, "Department of Elections for the City of Wilmington," and to substitute in lieu thereof a new Section providing for the Appointment of Clerks in the City of Wilmington.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That 1677 A. Section 21. Chapter 57 of the Revised Code of the State of Delaware as amended, entitled, "Department of Elections for the City of Wilmington", be and the same is hereby repealed and a new Section substituted in lieu thereof as follows:
1677A. Section 21. CLERKS; APPOINTMENTS; LISTS; TERM; DUTIES; REFUSAL TO SERVE; PENALTY: That the Department of Elections for the City of Wilmington shall, sometime iii the month of October in each year in which a general election is held, appoint in each election district of said city two capable persons who shall be clerks of election of the election district for which they are appointed ; one of whom in each election district shall be a member of one of the leading political parties in said city, and the other of whom shall be a member of the other leading political party of said city. For each appointment of clerk accredited to any political party under this Act, the County executive Committee of such party shall furnish said Department of Elections for said City, on or before the first day of September of the year in which the appointment is to be made a list of three names of properly qualified persons for each appointment so accredited, from which lists the said Department of Elections shall appoint the Clerks of Elections as aforesaid. Provided, however, that if the said lists of names are not furnished as aforesaid, then and in that event submitted the said Department of Elections shall appoint some suitable person or persons of such political party as aforesaid, and having all the qualifications provided by this Section. Terms The terms of the said Clerk of Elections shall be two years commencing on the date of their appointment.
The Clerks of Election shall during their term of office Duties of Clerks discharge and perform at all elections held in the Election District for which they are appointed (other than primary elections and elections for Members of the Board of Public Education) all duties which are now or hereafter may be by law imposed upon Clerks of election. Any vacancies occurring in the office of clerks of election in any election district in the City of Wilmington shall be filled by said Department of Elections for the unexpired term, and when filling such vacancies the said Department of Elections shall select some person of the same political party as the Clerk who has been originally appointed.
If any Clerk of Election, who having been appointed rPeefn4 It or' r under the provisions of this Act, shall refuse to qualify or having qualified shall fail or refuse to perform any of the duties of said office, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than Fifty nor more than One Hundred Dollars.
Approved April 25, 1931.