CHAPTER 70.
OF THE ELECTIONS IN WILMINGTON HUNDRED.
AN ACT IN RELATION TO THE DEPARTMENT OF ELECTIONS FOR 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 the Department of Elections for the City of Wilmington, as established and constituted by Chapter 39, Vol. 19, Laws of Delaware, and as constituted and created by Chapter 40, Volume 21, Laws of Delaware, be and the same is hereby enlarged to, and made to consist of five members, for all general or special elections to be hereafter held in said City.
Section 2. That the Governor be and he is hereby authorized and empowered to appoint and commission two suitable persons, residents of the City of Wilmington, to be members of the said enlarged Department of Elections for the City of Wilmington.
Section 3. That the term of office of one of the said two members shall be two years and the term of the other and remaining member shall be three years, and at the expiration of said two terms and thereafter every three years, the Governor shall appoint suitable persons to succeed the said members for the term of three years.
Section 4. That the members so appointed shall have, possess, enjoy and exercise all and every the rights, powers, and privileges which are now held, possessed, enjoyed and exercised by the present members of said Department and vested in them by law, and shall perform each and every duty which the present members of said Department are now required to perform by law; and they shall each receive the same compensation as now fixed by law for the other three members, which shall be paid by the State Treasurer, at the same time and in the same way as now provided by law for the payment of the compensation of the present members of said Department.
Section 5. That from and after the first day of April, A. D. 1901, the Department of Elections shall consist and be composed of five members, to wit: the three members who are now members of said Department and the two members appointed by the Governor; and the said five members shall constitute the Department of Elections for the City of Wilmington.
The Department of Elections for the City of Wilmington so constituted as aforesaid, shall have a full and complete jurisdiction over all and every the matters and things now vested by law in the Department of Elections for the City of Wilmington, as at present constituted, and shall exercise every power, privilege, right and duty which now belongs to the said Department of Elections for the City of Wilmington, as fully and completely as the said Department of Elections now by law is authorized to do.
Section 6. That the Department of Elections for the City of Wilmington, so constituted as aforesaid, shall meet for organization on the first Tuesday in April, A. D. 1901, and after taking the oath of office prescribed by the Constitution of the State, shall proceed to elect one of their number to be the president of the Department and shall also elect a clerk. Three members shall be sufficient for the purpose of organization and shall constitute a quorum for the transaction of business. The said Department shall have the power to make rules for its government not inconsistent with the Constitution and Laws of the State.
Section 7. That it shall be the duty of the present Department of Elections for the City of Wilmington, and every member thereof, and every officer, clerk or agent thereof, and every other person having possession or control of any records, books, papers, or other property of or relating to or connected with said Department of Elections, immediately after the organization of the Department created by this Act, to surrender and deposit the same with the President of the Department elected pursuant to the provision of Section Six of this Act, or with such other person as the said president shall order and direct. And in case the said members, officer, clerk or any other person having possession as aforesaid, shall neglect or refuse on demand of the said President to be elected as aforesaid, to deliver up and surrender any of such records, books, papers or other property as aforesaid, each and every person neglecting or refusing as aforesaid, shall be guilty of a misdemeanor and upon conviction thereof, shall forfeit and pay a fine of five hundred dollars, and be imprisoned for a term of one year, or until the said records, books, papers or other property shall be delivered into the custody of the said President.
Section 8. That all Acts or parts of Acts inconsistent herewith or manifestly superseded hereby, be and the same are hereby repealed.
Approved March 8, A. D. 1901.