Section 1. Amend Chapter 11, Title 9 of the Delaware Code, by striking § 1147 thereof in its entirety and by substituting in lieu thereof the following:

“§ 1147. Vacancies.

(a) The office of an elected official of the County Council shall become vacant upon the official’s death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The office shall be deemed to have been forfeited should the incumbent at any time during his term of office:

(1) Lack any qualifications for the office prescribed by this subchapter or other law of the State, including residence in the district from which he was elected;

(2) Violate any express prohibition of this title;

(3) Be convicted of any offense against public administration as defined in 11 Del. C. Chapter 5, Subchapter IV, or an equivalent offense in any other jurisdiction; or

(4) Be convicted of a crime involving moral turpitude.

(b) Whenever a vacancy in County Council occurs for any reason, within 10 days following the creation of the vacancy the President of County Council, or President Pro Tempore in the event of a vacancy in the office of the President, shall deliver to the Department of Elections for New Castle County a writ of election reporting the existence of the vacancy and requesting that a special election be scheduled to fill the same.

(c) No more than 30 days after it receives a writ of election pursuant to this section, the Department of Elections for New Castle County shall hold a special election to fill the vacancy on County Council.

(d) Notwithstanding subsection (c) of this section:

(1) If a vacancy occurs 20 or fewer days immediately before a general election, the special election to fill the vacancy shall be held not more than 30 days after the date of the general election.

(2) If a vacancy occurs in a year of a general election that would require a special election to be held between the second Tuesday in September and the date of the general election, the election to fill such vacancy shall be held at the time of the general election.

(e) On the next day after receiving a writ of election, unless the same shall be a Saturday, Sunday, or legal holiday and then on the first business day following, the Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing a day for holding a special election, and the Council member or members to be chosen, at the following locations:

(1) On the outside of the door of the New Castle County Courthouse;

(2) On the internet; and

(3) In at least 5 of the most public places in the council district for which it received a writ of election.

(f) Any political party eligible to place a candidate upon the ballot in the most recent general election preceding the creation of the vacancy may nominate a candidate to be placed on the ballot for the special election. Nominations made under this subsection, together with the name of the party and its device, shall be certified to the Department of Elections for New Castle County by the presiding officer and secretary of the county committee of each political party eligible to place a candidate on the ballot. Candidate names must be received by the County Commissioner no more than 15 days prior to the date selected for the special election.

(g) In conducting a special election pursuant to this section, the Department of Elections for New Castle County shall:

(1) To the greatest extent feasible, use the same polling places as used in a general election; provided, however, that the department may require voters from multiple election districts to use a single polling place and may use as polling places buildings which are not normally used as polling places, in the event a normal polling place is not available to be used on the day of the special election;

(2) Appoint election officers as necessary to conduct the special election.; and

(3) In addition to other publications made pursuant to this section, but in lieu of any other notices required by Title 15, publish a “Notice of Election” in the principal newspaper in the county for the five days immediately preceding the day of the special election and on the day of the special election that includes the candidates, polling places, and the date and time of the special election.

(h) Except as provided in this section, special elections conducted to fill a vacancy in County Council shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws, as far as the same may be applicable, as are prescribed for the general election.

(i) The Superior Court for New Castle County, as constituted under Article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence at 10 a.m. on the first business day thereafter.

(j) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant to subsection (d) of this section, shall be paid by New Castle County.

(k) A Council member elected pursuant to this section shall immediately upon certification of election take office and shall serve until the expiration of the term.”