Delaware General Assembly

AN ACT TO AMEND CHAPTER 3, TITLE 9, DELAWARE CODE, RELATING TO LEVY COURT DISTRICTS AND ELECTION, QUALIFICATIONS AND TERM OF LEVY COURT COMMISSIONERS IN KENT COUNTY.

WHEREAS, the Levy Court Commissioners of Kent County are now elected by Levy Court Districts which are based on the former Representative Districts of the General Assembly; and

WHEREAS, voters are confused by being in so many entirely different districts for different election purposes; and

WHEREAS, as time erodes the memory of the boundaries of the former Representative Districts, the confusion will be compounded,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 301 (b), Title 9, Delaware Code, is amended by striking the present §301 (b) and inserting a new §301 (b) in lieu thereof to read as follows:

(b) Kent County shall be divided into a number of Levy Court Districts equal to the number of Representative Districts, with each Representative District comprising a Levy Court District; but if the number of Representative Districts in Kent County is an even number, there shall be an additional Levy Court District comprised of the County as a whole.

The Department of Elections for Kent County shall assign numbers to the Levy Court Districts.

Section 2. Section 304, Title 9, Delaware Code, is amended to read:

§ 304. Election, qualifications and term of Levy Court Commissioners; Kent County

(a) In Kent County at the biennial general election there shall be elected by the qualified voters in Kent County, one Levy Court Commissioner from each Levy Court District of Kent County to serve for a term of two years. The Commissioners so elected shall be bona fide residents and free holders of their respective Levy Court Districts and qualified to vote at the general election held in Kent County, but shall be elected by vote of the qualified voters of the County as a whole.

(b) In the event a primary election is necessitated in any Levy Court District, then, and in that event, only the qualified voters of the Levy Court District in which such primary contest exists shall be eligible to vote in said primary.

(c) The terms of office of Levy Court Commissioners of Kent County shall be two years commencing on the first Tuesday in January following the election.

(d) If, during his term of office, a Commissioner ceases to be a resident or freeholder or qualified voter of his district, his office shall thereupon become vacant.