Legislation Document

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Section 7 of the Charter of the City of Lewes by making insertions as shown by underline and deletions as shown by strikethrough as follows:

Manner of Holding Annual Municipal Elections

Section 7.

The procedure for holding the Annual Municipal Election shall be is as follows:

(a) A municipal election of the City of Lewes must be conducted under Subchapters IV and V, Chapter 75 of Title 15 of the Delaware Code. The Annual Municipal Election shall must be held annually at the City Hall in The City of Lewes on the second Saturday in May of each and every year from 8:00 in the morning, prevailing time, until 6:00 in the evening, prevailing time, due notices of which shall time. A notice of the election must be given in compliance with under the applicable provisions of 15 Del. C. §7501, et seq. , but the City Council may reschedule the election due to a State of Emergency declared by the Governor.

(b) The four 4 offices of Council Person Councilperson of Lewes and the office of Mayor of Lewes shall be elective. The four offices of Council Person of Lewes shall be for a term of three (3) years except that the two Council Persons elected at the 2016 Annual Municipal Election shall serve for a term of two (2) years. The office of Mayor of Lewes shall be for a term of three (3) years. are elective and for terms of 3 years each.

(c) The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two (2) Judges together with such alternates as are determined by the Mayor to be necessary, all of whom shall be appointed by the Mayor with the concurrence of a majority of the members of the City Council no later than March 1 of each year. The Inspector, Judges, and alternates shall be registered voters in the City. The Inspector, Judges, and alternates shall not be an elected official or an immediate family member of an elected official as defined in 15 Del. C. §7551(b). [Repealed.]

(d) (1) The City may by ordinance choose to use the State’s Voter Registration System as the source of its list of registered voters.

(2) At such an Annual Municipal Election, every each person, male or female, who shall have attained the age of eighteen (18) years is at least 18 years old on the date of the Annual Municipal Election and who shall be is a citizen of the United States and a citizen of The City of Lewes shall have one (1) vote, provided, that he or she has 1 vote, if the person is registered on the Books of Registered Voters of The City of Lewes Lewes or, if the City has chosen, in the State’s Voter Registration System, and shows proof of identity and address . For the purposes of this Section, a citizen of The City of Lewes shall be deemed to include any includes a person who is a qualified voter of the State of Delaware, Delaware and is a bona fide resident domiciliary of the City of Lewes.

(3)a. If the City Council has not chosen to use the State’s Voter Registration System, the The City Council of The City of Lewes shall provide two (2) 2 registers to be known as the "Books of Registered Voters" which are to must be kept at the office of the City Manager. The Books of Registered Voters shall contain must include all of the following information for each registrant:

the names of the registered voters 1. The name of each registered voter arranged in alphabetical order, order.

the addresses of the voters, 2. The address of each registered voter.

the proven age of the voters, 3. The proven age of each registered voter.

the dates the registrants became citizens of the United States, 4. The date each registered voter became a citizen of the United States.

the date that the registrants 4. The date each registered voter became residents a domiciliary of The City of Lewes Lewes.

and any 5. Any other pertinent information.

No person shall be registered upon b. A person may not be registered on the Books of Registered Voters unless he will have acquired the qualifications the person is qualified to vote in the Annual Municipal Election for the year in which he the person registers. A person shall be is required to register only one (1) time; provided, however, that 1 time, but if a registered voter fails to vote in two (2) 2 consecutive annual municipal elections in which there is a contest for any an office, his name shall the registered voter’s name must be removed from the Books of Registered Voters and notice must be sent to said the registered voter at his the registered voter’s last known address by registered mail with return receipt requested advising that his the registered voter’s name has been removed from the Books of Registered Voters and that it will be necessary to the registered voter must register again in order to vote in the Annual Municipal Election.

(4) A person may register at the office of the City Manager during the regular business hours of such office until the close of business of such office City Hall during City Hall’s regular business hours until the close of business on the 15th day prior to before the date of the Annual Municipal Election by completing such forms as may be provided by the City Election, by completing a form the City may provide . The City Council may provide by resolution for the Office of the City Manager to be open on one (1) 1 Saturday within the thirty-day 30-day period immediately preceding the date of the Annual Municipal Election for the purpose of permitting persons to register Election, to permit registration to vote in such the Annual Municipal Election.

(e) The City Council of The City of Lewes may, by ordinance, provide for any permit a qualified registered voter to cast an absentee ballot if such person the registered voter is unable to appear and cast his or her the registered voter’s ballot.

(f) In the event that If no person files or is nominated for each an office for which an election is to be held within the time set forth under in Section 6 of this Charter, the incumbent shall be is deemed to be re-elected for a full term if the incumbent agrees to serve, and it shall not be is not necessary to hold an election. If the incumbent does not agree to serve, the vacancy must be filled under Section 12 of this Charter.

(g) In the event that only one (1) person files or is nominated for each office for which an election is to be held within the time set forth in Section 6 of this Charter, the person who files or who is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an election. [Repealed.]

(h) Voting machines shall be utilized during Annual Municipal Elections in compliance with the applicable provisions of 15 Del. C. §7501, et seq [Repealed].

(i) All municipal elections of the City of Lewes shall be conducted in conformity with Subchapter IV, Chapter 75 of Title 15 of the Delaware Code. [Repealed.]

(j) (1) Upon the close of the an election, the votes shall must be read and counted publicly publicly.

and in (2) In the case of an election of Council Persons a Councilperson , the persons person having the highest number of votes shall must be declared to be elected elected.

and in (3) In the case of the election of a Mayor, the person having the highest number of votes shall must be declared to be elected.

Such (4) In the case of the election of either a Councilperson or a Mayor, the person shall continue in Office during the term for which they were the person was elected or until their successors shall be the person’s successor is duly elected or appointed and qualified.

(k) The Board of Election shall enter in a book to be provided for that purpose minutes of the election containing the names of the persons so each person elected. They The Board of Election shall subscribe the same and shall make and deliver to the person elected certificates of their the person’s election. The book containing such the minutes, the ballots ballots, and the list of those persons who voted shall must be delivered to the City Manager Manager, who shall preserve the same and shall be evidence in any Court book. The book may be evidence in a court of law or equity.

( l ) If two (2) 2 or more candidates for the office of Council Person Councilperson or for Mayor shall receive an equal number of votes so that there shall not be is not an election of a Mayor or Council Person Councilperson or Mayor , the incumbent Mayor or Council Person shall continue Councilperson or Mayor continues in Office until the a run-off election as herein provided is held under this Charter . The Board of Election shall declare the election a tie and shall report that result to the Mayor and the City Council which shall, within twenty (20) days thereafter, hold a Council. A Special Election between those candidates where a tie resulted must be held under the same rules as hereinbefore set forth under this Charter . No person shall be permitted to A person may not register to vote following the Annual Municipal Election and before the Special Election in order to vote at the Special Election.

Section 2. Amend Section 12 of the Charter of the City of Lewes by making insertions as shown by underline and deletions as shown by strikethrough as follows:

Vacancies

Section 12.

(a) If any vacancy shall occur a vacancy occurs in the office of Mayor or Council Person, Councilperson by death, resignation, loss of residence in The City of Lewes, refusal to serve, failure to elect, or otherwise, the same vacancy may be filled by a majority vote of the members of the City Council, the person or persons so Council. The person chosen to fill such vacancy or vacancies shall the vacancy must be qualified as in the case of a newly elected members, member.

(b) A person chosen to fill a vacancy under this Section is considered elected for purposes of this Charter, and shall hold office for the remainder of the unexpired term, except that when term. However, if the remainder of the unexpired term is greater than two years such person or persons 2 years, the person shall hold office until they or their successors have been the person or the person’s successor is duly elected and qualified at a Special Election held contemporaneously with the Annual Municipal Election immediately following the filling of such vacancy or vacancies, the vacancy, and subject to the same rules as hereinbefore set forth. When under this Charter. If the remainder of the unexpired term is greater than two 2 years, requiring that a person be duly elected and qualified at a Special Election to fill the two-year 2-year remainder of the unexpired term, every candidate desirous of filling such two-year remainder of the unexpired term shall so declare in their notification of candidacy, and such declaration shall prevent a candidate who wishes to file a 2-year remainder of the unexpired term must declare the candidate’s wishes in the candidate’s notification of candidacy. The declaration prevents the candidate from also being a candidate in the Annual Municipal Election.

Section 3. Amend Section 33 of the Character of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

Powers over Public Land

Section 33.

(d) (1) The City Council of The City of Lewes is hereby vested with has full and exclusive authority and control over the Great and Beach Marshes, Cape and Cape Marshes, near Lewes, and may sell and dispose of the grass and hay thereof in the month of July in each and every year, at each year. The sale must be a public sale, giving notice by printed advertisements, posted in five 5 of the most public places in Lewes and Rehoboth Hundred ten 10 days before the day of sale, to the highest and best bidder or bidders for the same; the notices shall of the sale. The notice must specify the place where and the time when the grass or hay will be sold; the sold.

(2) The City Council is further authorized to may sell sand and gravel by measure or otherwise, as may be deemed by the City Council may deem to be is to the best interest of the City, wherever such the sand and gravel may be is located within the limits of the vested lands of The City of Lewes; and the Lewes.

(3) The City Council is further authorized to may sell the wood and timber on the Cape and Cape Marshes at any time that whenever it may be necessary or desirable for any an improvement made in or near said the City, by and with the concurrence of a majority of the members of the City Council; Council.

and the (4) The proceeds arising from the sale of the sand, gravel, grass, hay, wood and timber shall must be paid over to the Treasurer of the City, to be applied by the City Council to such improvements of the City as they may deem City. The City Council may apply the proceeds to improvements of the City that the City Council deems proper.

If any person or Persons (5) If a person, without first obtaining permission from the City Council, shall fell, cut, cart or convey any green timber or wood, or any timber on or from said Cape falls, cuts, carts, or conveys green timber or wood, or timber on or from the Cape or Cape Marshes for any private use whatsoever, except wood cut from dead timber for fuel, he or they shall the person must forfeit and pay any sum not exceeding fifty dollars, a sum of not more than $50, with costs, to be recovered by the City Council, for the use of Council. The City Council may use the sum for the City, in the same manner as debts of that amount are recoverable; and persons so offending shall also be recoverable. A person who violates this Section is subject to a fine, not exceeding ten dollars, fine of not more than $10, to be enforced as other fines and penalties provided for in this Act; under this Charter.

and the (6) The City Council may seize any timber or wood so cut, from any person or persons so off ending cut without permission from the City Council from the person who cut the timber or wood, and may dispose of the same the wood or timber to the highest bidder, for the use of said City, and the City. The City Council may pass any rules, regulations rules, regulations, and ordinances regarding the cutting of said the timber as they may deem the City Council deems proper for the interest of said City; the City.

provided that nothing in this Section or Act shall authorize (7) Nothing in this Section or Charter authorizes the City Council to pass any ordinances to prevent any an ordinance preventing a citizen of The City of Lewes or State of Delaware from fishing along said the Delaware Bay Shore. Shore. However, the City Council may restrict fishing northwest of the Ferry terminal and for 300 feet from the mean higher high water line therefrom, if the City Council deems the public health and welfare is served by the restriction.

SPONSOR:	Sen. Lopez & Sen. Townsend & Rep. Schwartzkopf
Rep. Smyk