Town of Fenwick Island, DE
Sussex County
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Table of Contents
Table of Contents

§ 13-1 Elections procedures.

The Town shall hold annual municipal elections for the offices of Town Council as established by the Charter of the Town and following the procedures established in the Charter, 15 Del. C., Ch. 75, Subchapter IV, § 7501 et seq., and this chapter.

§ 13-2 Voting machines; Department of Elections.

Voting machines obtained through the State of Delaware Department of Elections shall be used. The Town shall contract with the Department of Elections to conduct elections.

§ 13-3 Notices; posting; deadlines.

A. 
A Notice of Solicitation of Candidates shall be posted within the Town no later than 20 days prior to the filing deadline for the offices up for election and shall include the term(s) of each office up for election, the deadline and procedure for declaring candidacy for an office up for election and the qualifications for holding each office.
B. 
A Notice of Election shall be posted within the Town no later than 20 days prior to the date of the election and shall include: the date, time and location of the election; the candidates for each office on the ballot; and the qualifications to vote in the election.
C. 
Notices shall be posted on the Town's website as well as at Town Hall.
D. 
Deadlines falling on a Saturday, Sunday or holiday in the Town shall be extended to the next day that is not a Saturday, Sunday or holiday, which deadlines shall be no earlier than 4:30 p.m.

§ 13-4 Board of Election.

A. 
Not later than 60 days prior to the election, the Mayor shall appoint, with the concurrence of the Town Council, a Board of Election consisting of an Inspector and two judges who shall be qualified voters in the Town and who shall not be an elected official or an immediate family member of an elected official.
B. 
The term of the Board of Election shall be one year.
C. 
Upon confirmation, the appointed members of the Board of Election shall swear or affirm the following oath orally and in writing:
I, _______, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties as a member of the Board of Election for the Town of Fenwick Island by ensuring that elections within the Town are conducted fairly, impartially and in accordance with the Delaware Code, Town charter and ordinances, to the best of my ability.
(SEAL)
D. 
The names of the Board of Election shall be posted within the Town and on the Town's Web site and shall be forwarded to the Department of Elections.
E. 
The Board of Election shall hear any complaints regarding any aspect of pre-election activity that is contrary to this chapter, the Charter or applicable state law using the procedure established in 15 Del. C. § 7552, as it may be amended from time to time.

§ 13-5 Candidates.

A. 
Certificate to be filed by nominees for Town Council. Every person who places his name in nomination or whose name is placed in nomination for the office of Town Councilman shall execute and submit to the Board of Elections or its designee at the time of such filing, but in no event later than three days after the deadline date for filing such nominations, the following certificate of eligibility to serve on the Town Council of Fenwick Island, Delaware:
NOMINEE'S CERTIFICATE OF ELIGIBILITY TO SERVE ON THE TOWN COUNCIL OF FENWICK ISLAND, DELAWARE
Fill out statement (1) or (2) below, whichever is applicable to you.
(1) 
As a resident:
I ________________________________, (Name) of ___________________________, (Address), a nominee for election to the Town Council of Fenwick Island, hereby state that I am a natural person, a citizen of the United States, a resident of the Town of Fenwick Island, Delaware, and am or will be 21 years of age on or before the date of the election, I have no other voting residency for municipal elections and that I have been qualified to vote in the Town of Fenwick Island, Delaware, for at least one year prior to the election for which I am nominated. I have completed a Fenwick Island registration form by the last Friday before the last Saturday of January of this year declaring that I was then a resident of the Town of Fenwick Island, Delaware.
Signed and certified on this _______ day of _________ 20 _____.
(Signature of Nominee)
State of _______________
County of ______________
Be it remembered, that on the day and year aforesaid __________________________ (Name), personally appeared before me, a Notary Public of the aforesaid State and County, and acknowledged that the above signature was his/her act and deed.
(Seal)
(Notary Public)
My commission expires: ______________
(2) 
As a nonresident property owner:
I ___________________________________, (Name) of _________________________________, (Address), a nominee for election to the Town Council of Fenwick Island, hereby state that I am a natural person, a citizen of the United States, a property owner in the Town of Fenwick Island, Delaware, and am or will be 21 years of age on or before the date of the election, and that I have been qualified to vote in the Town of Fenwick Island, Delaware, for at least one year prior to the election for which I am nominated. I base my claim of being a freeholder of property as of ______________ of this year located in the Town of Fenwick Island, Delaware, as shown on Map No. ________, Parcel No ________, and Lot No(s). ____________, on the latest Sussex County Assessment Office in my name.
Signed and certified on this __________ day of ________20 ____.
(Signature of Nominee)
State of _______________
County of ______________
Be it remembered, that on the day and year aforesaid _______________________ (Name), personally appeared before me, a Notary Public of the aforesaid State and County, and acknowledged that the above signature was his/her act and deed.
(Seal)
(Notary Public)
My commission expires: ____________
B. 
Review and recommendation of Board of Election. Upon receipt of the nominee's eligibility certification forms, the Board of Elections shall proceed to review the qualifications and eligibility of the nominees and make its recommendations to the Town Council not later than six days after the deadline date for the filing of nominations for the office of Town Councilman. The Town Council shall determine the names of nominees to be placed on the ballot and voting machines and notify the Board of Elections or its designee of its determination not later than nine days after the deadline date for the filing of nominations for the office of Town Councilman.
C. 
Fraudulently filing certificates. Any person knowing he is not a qualified voter or nominee for the office of Town Councilman who willingly files or attempts to file a nominee's certification of eligibility to serve on the Town Council of Fenwick Island, Delaware, form shall be guilty of perjury as defined in 11 Del. C. §§ 1221 and 1222, which proscribe perjury in the third degree (a Class A misdemeanor) and perjury in the second degree (a Class F felony).
D. 
Pursuant to 15 Del. C. § 7555, candidates shall file a Certificate of Intention or a Statement of Organization establishing a campaign committee with the Delaware Department of Elections no later than seven days after filing a notice of candidacy/Declaration of Candidacy with the Town (Charter Section 6A).

§ 13-6 Election procedures.

A. 
Election officers. The Mayor and Town Council shall appoint election officers, who may also be members of the Board of Election, in sufficient number to conduct the election with the Board of Election. The Inspector shall be chief election officer in the polling place. The Inspector shall determine all challenges and all other issues involving the conduct of the election at the polling place. The Board of Election may provide advice and guidance to the election officers. The Board of Election may remove election officers who violate the provisions of this chapter, the Charter or state law.
B. 
Conduct of the election. Only the persons authorized by 15 Del. C. § 7557(b) may be in the polling place and voting room.
C. 
Electioneering practices. 15 Del. C. § 4942 applies to such practices.
D. 
Challenges and challengers.
(1) 
Each candidate on the ballot may appoint and accredit one or more suitable persons as challengers. One challenger at a time for each candidate may be present inside the polling place to observe the conduct of the election and all election records. Challengers may be changed and their places filled in like manner during the day. Each challenger shall present to the Inspector an authorization from his/her candidate for that election. Each candidate may have additional challengers present equal to the number of election machines being utilized.
(2) 
The Inspector shall issue each challenger a badge which shall be worn while in the polling place. If the challenger leaves the polling place, he shall surrender the badge to the Inspector.
(3) 
Challengers may act as peace officers with the same powers of preserving the peace as election officers; however, challengers may be ejected by the Inspector for persisting in objectionable behavior.
(4) 
Any person legally in the polling place may challenge any voter for identity, address or bribery. The Inspector shall hear each challenge before the person being challenged enters a voting machine. Once the Inspector decides the challenge, the matter is decided and the challenged person will be either permitted to vote or not permitted to vote and to leave the polling place immediately. However, a person challenged for bribery may take and subscribe to the oath as provided in 15 Del. C. § 4940 and be permitted to vote.
E. 
Voting machines; supplies; certification. The Department of Elections shall prepare the voting machines for the election and supervise the preparation and certification of the machines with two members of the Board of Election.
F. 
Oath of office for the Inspector and any other appointed election officer, including the Board of Election, if acting as election officers, shall be as set out in 15 Del. C. § 7557(f), as follows:
I do solemnly swear (or affirm) that in the election to be held on the _____ day of ________________, A.D. 20 ___, I will not knowingly or willfully receive or consent to the receiving of the vote of any person who is not a citizen, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through partiality or under bias, and that I will determine every matter that shall come before me and perform every act and duty by law required of me, touching the election, truly, faithfully and impartially, according to the best of my skill and judgment; that I have not received, nor will I receive directly or indirectly from or through any candidate to be voted for at such election, or any other person, any money, pay, or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay or other valuable thing or reward from such candidate or other person other than that provided by law and if I shall discover any partiality, unfairness or corruption in the conduct of the election, I shall disclose the same to the Board of Elections that is conducting the election and to the Attorney General to the end that the subject may be investigated, so help me God (or so I solemnly affirm).
(SEAL)
G. 
Preparation of polling place. The election officers shall arrive at least one hour prior to the opening of the polls, prepare the polling place, post signs, and certify with the Department of Elections the voting machines, all as provided in 15 Del. C. § 7557(i).
H. 
Voting procedure.
(1) 
A person shall show proof of identity and address which the election officers shall check against the Town's registration books. Once verified as a qualified voter, the person shall sign the voter log and be directed to the voting machine. If the person is challenged, the Inspector shall determine whether the person is qualified to vote. The Inspector's determination is final and there is no appeal at the polling place.
(2) 
If a person has voted by absentee ballot, that person shall not be permitted to vote at the polling place. The Town shall provide to the Board of Election and election officials the list of persons who have returned absentee ballots prior to the opening of the polls. Any person who returns an absentee ballot while the polling place is open shall not be permitted to vote in person, but the absentee ballot shall be included with other absentee ballots.
I. 
At close of polls. The Inspector shall announce the closing of the polls 30 minutes prior to such closing and at the closing time. Any person in line at the time the polls closed shall be permitted to vote.
J. 
Election results.
(1) 
The election officials shall, with the representative of the Department of Elections, remove the cartridges and tapes from each voting machine, record the protective counter and seal numbers on the Voting Machine Certificate, closing the voting machines, complete the vote tabulation for the election, and post a copy of the results tape from each voting machine on the door of the polling place. The election officials shall deliver all election documents to the Board of Election which shall secure the documents until such time that they need to canvass the election.
(2) 
The Board of Election shall announce the results of an election as soon as possible following the close of the polls.
(3) 
Election contests are subject to 15 Del. C. § 5941-5955.
K. 
A person certified by the Board of Election as being elected shall not take office before the seventh day following the election.