A.
At least 60 days prior to the date of an election,
the Town shall contract with the Delaware Department of Elections
for Sussex County to conduct an election to elect members of the Towns
government.
B.
For each election of members of the Town government,
the Town shall post a notice of election conspicuously within the
Town in at least five public places not less than 21 days prior to
the date of the election and shall publish notice in two newspapers
of general circulation in the Town at least 21 days before the day
for the election.[1] Such notice shall include the date, time and location
of the election, the candidates for each office on the ballot, a description
of the positions to be filled, qualifications to vote in the election,
and information on how to obtain an absentee ballot and a summary
of absentee ballot procedures. Such notices shall be in bold print
or bordered in black in such manner as to call attention thereto.
In the event that the publications and/or posting do not appear on
the same date, the date of the last publication or posting shall control.
[Amended 4-15-2011 by Ord. No. 463[2]]
C.
For each election of members of the Town government,
the Town shall post a notice of solicitation of candidates conspicuously
within the Town 20 days prior to the filing deadline for the offices
up for election. Such notice shall include the term or terms 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.
D.
When absentee ballots are permitted in a Town election,
all notices required by this section shall include about how to obtain
an absentee ballot.
E.
The Town shall post the notices required by this section,
at minimum, in compliance with the Delaware Freedom of Information
Act, Chapter 100 of Title 29 of the Delaware State Code.
F.
The Town shall post all election notices on its Web
site.
G.
The Town shall provide a copy of each election notice
to the Department of Elections.
H.
The Town
shall notify all property owners, by mail, of the date and time of
each election of members of the Town government, which notice shall
be mailed at least 20 days prior to the date of the election. Such
notice shall include the date, time and location of the election,
the candidates for each office, the qualifications to vote, and information
about how to obtain an absentee ballot.
[Added 4-15-2011 by Ord. No. 463]
A.
Annual elections for Town Council shall be held on
the first Saturday after Labor Day from 12:00 noon to 6:00 p.m., at
such place within the Town as shall be determined by the Town Council.
[Amended 4-15-2011 by Ord. No. 463]
B.
The polls shall remain open for a six-hour period
to be determined by the Town Council.
C.
Notwithstanding any other provision of this chapter, the Town Council may, not later than July 1 in any given year, change the date of the annual election to another Saturday in September in that calendar year. In the event the Town Council acts to change the date of the annual election to a date other than the first Saturday after Labor Day, public notice of such change shall, within 15 days of such vote, be posted in five public places in the Town and published in a newspaper of general circulation in the Town in bold print or bordered in black in such manner as to call attention thereto. All notice requirements of § 26-1 shall be complied with.
[1]
Editor's Note: See also Charter § 5.4.5.
Where a deadline under this chapter is a Saturday,
Sunday or a holiday, the deadline shall be the next day that is not
a Saturday, Sunday or holiday in the Town. All deadlines shall be
no earlier than 4:30 p.m. local time.
A.
If the Town maintains its own voter registration system, the Town shall publish with the notice of solicitation of candidates under § 26-1C above and post at the Town Hall year round a schedule of when eligible citizens may register to vote. The Town shall provide eligible citizens a reasonable opportunity to register to vote.
B.
If and when the Town elects to use the state's voter
registration system as the source of its list of registered voters,
the Town shall enter into a written agreement with the Department
of Elections that specifies the responsibilities of each party registering
voters maintaining voter records and providing election day support.
C.
Persons appearing to vote shall present proof of identity
and address. The identification shall be one or more of the following
items that individually or together show the identity and address
of the person:
(1)
A current State of Delaware driver's license or ID
card;
(2)
A uniformed service ID card;
(3)
Another current photo ID issued by the State of Delaware,
United States government, the voter's employer, high school or higher
education institution;
(4)
A current utility bill, bank statement, credit card
statement, a paycheck or pay advice or another type of bill or statement;
(5)
A lease or sales agreement; and/or
(6)
Any other documentation that a person can reasonably
and commonly accept as proof of identity and address.
D.
Personal recognition by a majority of the election
officers in the polling place can attest to a voter's identity and
address.
A.
Notice of candidacy.[1]
(1)
In order to be listed on the ballot at any regular
or special election for election of Town Council members, each candidate
shall file a written notice of intention to seek office with the Town
Manager at least 45 days prior to the date set for the election.
(2)
If the Town Manager determines that any candidate
may not meet the qualifications for office, he or she shall notify
the Mayor, who shall call a special meeting of the Town Council to
be held not less than 30 days prior to the date set for the election,
at which the Town Council shall decide the matter.
(a)
The candidate whose qualifications are at issue
shall be notified by registered mail of the date time and place of
the hearing at which he or she may appear and testify.
(b)
If the Town Council determines that the candidate
does not meet the qualifications for office, it shall reject his notice
of intention to seek office and his or her name shall not appear on
the ballot.
(c)
In making the determination, only those members
of the Town Council who are not running for re-election shall be entitled
to vote on the question.
[1]
Editor's Note: See also Charter § 5.4.1.
B.
Certificate of intention. A candidate for municipal
office shall file a certificate of intention or a statement of organization
establishing a campaign committee with the Commissioner of Elections
no later than seven days after declaring that candidate's candidacy.
A certificate of intention is submitted by a candidate when the yearly
salary for the office for which that candidate has filed a declaration
of candidacy is less than $1,000 or who does not intend to receive
more than $2,000 in contributions or expend more than $2,000 for campaign
expenses during the campaign pursuant to § 8004 of Title
15 of the Delaware State Code. Otherwise, no later than seven days
after making expenditures or receiving contributions on behalf of
the candidate or committee, the candidate shall notify the Commissioner
and file a statement of organization.
C.
Excepting candidacies otherwise provided for in the Town Charter and which have complied with the provisions of Subsection B of this section within five days after the election, the Town Board of Elections shall declare a candidate who has failed to comply with the provisions of Subsection B of this section ineligible to be a candidate and shall order that candidates name removed from the ballot subject to the appeal provisions of § 7552 of Title 15 of the Delaware State Code Administrative errors or oversights by municipal or state officials shall not be grounds for declaring a person ineligible to be a candidate.
D.
Officials receiving any document required in this
section shall provide the person filing the document with a receipt
showing the date and time that the document was filed and the name
of the person who received the document.
E.
Officials receiving any document required in this
section shall immediately notify the person submitting the document
of any deficiency in the submission. The person submitting the document
shall have two business days to correct the deficiency even if the
extension extends beyond the applicable deadline. If the person does
not correct the deficiency by the end of the second business day,
the Town shall reject it.
F.
All documents filed in accordance with this section
are public records and a municipality shall make them available for
inspection by the public in accordance with the Delaware Freedom of
Information Act (Chapter 100 of Title 29 of the Delaware State Code).
G.
Where the number of qualified candidates for an office
is equal to or less than the number of seats up for election, the
Board of Elections shall declare the candidate or candidates elected.
H.
The Town shall submit the names of candidates for
each office up for election to the Department of Elections no later
than one business day following the filing deadlines for the elected
positions.
I.
A person may withdraw as a candidate by filing with
the Town the form promulgated by the Commissioner of Elections for
that purpose.
(1)
If there are two or more candidates remaining on the
ballot for the office and there are 14 or more days prior to the date
of the election, the Town shall mail new absentee ballots to all persons
to whom it had issued absentee ballots. If an absentee voter does
not return the replacement absentee ballot before 12:00 noon the day
before the election, the municipality shall count the original ballot.
(2)
Any votes cast for a person who has withdrawn that
persons own candidacy are invalid and the municipality shall not tally,
canvass nor report such votes.
J.
Candidates for Town Council.[2]
(1)
General candidates for the Town Council must be at
least 21 years of age and otherwise qualified to vote at the annual
Town election as provided in this chapter. No person having been convicted
of a felony shall be qualified to be a candidate for office on the
Town Council.
(2)
Resident and nonresident members. At least four of
the seven members of Town Council must be residents of the Town, but
all may be residents of the Town.
(a)
Resident members. Any person who on the date
of the filing of notice of intention to run (or on the date of his
or her appointment to fill a vacancy) has been a permanent full-time
resident of the Town for at least six months prior to such date of
filing (or prior to the date of his or her appointment to fill a vacancy)
and certifies his or her intention of remaining a permanent full-time
resident of the Town, shall be deemed to be a "resident" Town Council
member upon taking office, whether or not such person is also a freeholder
in the Town, and if such person subsequently fails to maintain residency
in the Town, but continues to be a freeholder in the Town during his
or her term of office, that person shall continue to be deemed a "resident"
member of the Town Council.
(b)
Nonresident members. Any person who on the date
of filing of the notice of intention to run (or on the date of his
or her appointment to office in the case of a vacancy) is not a resident
but is a freeholder in the Town and otherwise qualifies to serve on
the Town Council shall be deemed to be a "nonresident" member of the
Town Council.
[2]
Editor's Note: See also Charter § 5.2.
K.
Term of office staggered terms.[3]
(1)
Term of office. The term of office for each member
of the Town Council shall be two years or until their successors are
duly elected and qualified at the organizational meeting held pursuant
to § 6.1 of the Town Charter.
(2)
Staggered terms. Three members of the Town Council
shall be elected in odd years and four members shall be elected in
even years.
[3]
Editor's Note: See also Charter § 5.3.
