BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 15, Delaware Code by adding thereto a new Chapter as follows:

"Chapter 78. Recall

§7801. Provision and scope for use of recall.

(a) The Governor, Lieutenant Governor, Insurance Commissioner, Attorney General, Auditor, Treasurer, members of the General Assembly, and all elected members of school boards, county and municipal governments are subject to recall by the voters of the state or the political subdivision from which elected.

(b) Only persons who would be eligible to vote in that recall election shall be considered qualified voters or qualified subscribers for the purposes of this Chapter.

§7802. Filing application.

The recall of the elected official is proposed by filing an application with the Election Commissioner. A deposit of $100 must accompany the application. This deposit shall be retained if petition is not properly filed. If a petition is properly filed the deposit shall be refunded.

An application may not be filed during the first 60 days of the term of office of any elected official subject to recall nor within less than 180 days of the termination of the term of office of any elected official subject to recall.

§7804. Form of application.

The application shall include:

(1) the name and office of the person to be recalled;

(2) the grounds for recall described in particular in not more than 200 words;

(3) a statement that the sponsors are qualified voters who signed the application with the statement of grounds for recall attached;

(4) the designation of a recall committee of three sponsors who shall represent all sponsors and subscribers in matters relating to the recall;

(5) the signatures of at least 100 qualified voters (50 qualified voters with respect to municipal recalls) who subscribe to the application as sponsors for purposes of circulation; and

(6) the signatures and addresses of qualified voters equal in number to at least 10 percent of those who voted in the election which began the current term of the official sought to be recalled.

§7806. Manner of notice.

Notice on all matters pertaining to the application and petition may be served on any member of the recall committee in person or by mail addressed to a committee member as indicated on the application.

§7810. Preparation of petition.

Upon certifying the application, the Election Commissioner shall prescribe the form of, and prepare, a petition containing:

(2) the statement of the grounds for recall included in the application;

(3) the statement of warning required in §7811 of this Chapter;

(5) other specifications prescribed by the Election Commissioner to assure proper handling and control. Copies of the petition, for purposes of circulation, shall be prepared by the Election Commissioner in a number reasonably calculated to allow full circulation throughout the area represented by the official sought to be recalled. The Election Commissioner shall number each copy and shall keep a record of the copies delivered to each sponsor.

Each petition shall include a statement of warning that a person who signs a name other than the person's own to the petition, or who knowingly signs more than once for the same recall for the same special election, or who signs the petition while knowingly not a qualified voter, is guilty of a class B misdemeanor. The Superior Court shall have jurisdiction over all violations of this section.

The copies of the petition may be circulated only by sponsors and only in person throughout the area represented by the official sought to be recalled.

Any qualified voter may subscribe to the petition by signing the voter's name and address. A person who has signed the petition may withdraw the person's name only by giving written notice to the Election Commissioner before the date the petition is filed.

Before being filed, each copy of the petition shall be certified by an affidavit by the sponsor who personally circulated the copy. The affidavit shall state in substance that:

(1) the person signing the affidavit is a sponsor;

(2) the person is the only circulator of that copy;

(3) the signatures were made in the sponsor's actual presence; and

(4) to the best of the sponsor's knowledge, the signatures are those of the persons whose names they purport to be. In determining the sufficiency of the petition, the Election Commissioner may not count subscriptions on copies not properly certified.

A petition may not be filed within less than 180 days of the termination of the term of office of an elected official subject to recall. The sponsor may file the petition only if signed by qualified voters equal in number to at least 25 percent of those who voted in the election which began the current term of the official sought to be recalled.

Within 30 days of the date of filing, the Election Commissioner shall review the petition and shall notify the recall committee and the person subject to recall whether the petition was properly or improperly filed.

§7817. Bases for determining the petition was improperly filed.

The Election Commissioner shall notify the committee that the petition was improperly filed upon determining that:

(1) there is an insufficient number of qualified subscribers; or

(2) the petition was filed within less than 180 days of the termination of the term of office of the official subject to recall.

Upon receipt of notice that the filing of the petition was improper due to an insufficient number of qualified subscribers, the committee may amend and correct the petition by circulating and filing a supplementary petition.

If the Election Commissioner determines the petition is properly filed and if the official named therein continues to occupy that office, the Election Commissioner shall prepare the ballot and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election.

The ballot shall be designed with the question of whether the public official shall be recalled, placed on the ballot in the following manner: 'Shall (name of official) be recalled from the office of ...?'.

Provision shall be made for marking the question 'Yes' or 'No'.

Unless specifically provided otherwise, all provisions regarding the conduct of a general election shall govern the conduct of a special election for the recall of the elected official, including but not limited to, provisions concerning voter qualification; provisions regarding duties, powers, rights and obligations of the Election Commissioner, of other election officials, and of municipalities; provision for notification of the election; provision for the payment of election expenses; provisions for counting, reviewing, and certification of returns; provision for the determination of votes and of recount contests and court appeal; and provisions for absentee voting.

The Election Commissioner shall provide each County Board of Elections involved in the special election with 10 copies of the statement of the grounds for recall included in the application and 10 copies of the statement of not more than 200 words made by the official subject to recall in justification of the official's conduct in office. The person subject to recall shall provide the Election Commissioner with the statement within 10 days after the date the Election Commissioner gave notification that the petition was properly filed. Each involved Board shall post three copies of the statements for and against recall in three conspicuous places in each involved polling place.

If a majority of the votes cast on the question of recall favor the removal of the official, the Election Commissioner shall so certify and the office is vacant on the day after the date of certification.

A vacancy caused by a recall is filled as a vacancy caused by any other means is filled.

A recall submitted to the voters may not be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured.

Any person aggrieved by a determination made by the Election Commissioner under this Chapter may bring an action in the Superior Court to have the determination reviewed within 30 days of the date on which notice of determination was given.".

Section 2. This Act shall be effective upon the inclusion in the Delaware Constitution of the power to recall.

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