Town of Bethany Beach, DE Article II Board of Elections

§ 26-6 Qualifications; powers and duties. [1]

A. Board of Elections generally.

(1) Every election shall be held under the supervision of a Board of Elections. The Board of Elections shall consist of one inspector of the election and two judges of the election.

(2) The inspector and judges constituting the Election Board shall be qualified voters of the Town and shall not be an elected official or candidate or an immediate family member of an elected official or candidate (spouse, mother, father, son, daughter, brother, sister, including half brothers and sisters, stepfamily members and in-laws).

(3) The inspector and judges shall be appointed for that purpose by the Town Council at least 20 days before such election.

(4) If, at the opening of the polls there shall not be present the members of the Board of Elections, then in such case the ranking Town officer available at the opening of the polls shall appoint a qualified voter or voters to act as a member or members of the Board of Elections to fill such vacancies caused by the absence of members of the Board of Elections.

(5) Members of the Board of Elections shall be the sole and final judges of the conduct of the election and of the legality of the votes offered.

(6) The Board of Elections shall have the power to subpoena persons and officers of the Town, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered.

B. Election board term of office. Members of the Board of Elections shall serve a term which shall conclude upon the conclusion of the elections proceedings in the year in which they were appointed.

C. Oath of office.

(1) Upon confirmation of a member to the Towns Board of Elections, the Town shall issue a certificate of appointment to the member and the member 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 Elections for the Town of Bethany Beach by ensuring that elections within the Town are conducted fairly, impartially and in accordance with the Delaware Code and Town Charter and ordinances to the best of my ability.

(2) Before opening the election, the inspector and any other appointed election officer shall subscribe to the following oath.

I do solemnly swear (or affirm) that in the election to be held on the ___ day of _____ AD, 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).

D. The Town Board of Elections shall oversee the absentee ballot process for all Town elections.

E. Board of Elections contact information. The Town shall post the names and contact information for the Board of Elections in the Town Hall and on the Town Web site.

F. Board of Elections complaint procedure.

(1) A citizen of the Town may submit a written complaint regarding any aspect of pre-election activity that is contrary to the provisions of this article to the Town Board of Elections. The complainant shall state with specificity the action or activity that is contrary to the provisions of this article. The Town Board of Elections shall meet in a special public meeting held as soon as practicable in compliance with the Delaware Freedom of Information Act (Chapter 100 of Title 29) following receipt of the complaint and determine if the complaint has any merit. Within 24 hours of the special public meeting, the Town Board of Elections shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. The Board of Elections shall immediately make its decision available to the public.

(2) Decisions and orders of the Town Board of Elections may be appealed to the Commissioner of Elections in writing within two business days of the Boards decision and order. The Commissioner of Elections shall take testimony at a special public hearing that the Commissioner conducts within four business days following receipt of the appeal. The Commissioner shall hold the hearing in accordance with the Administrative Procedures Act (Chapter 101 of Title 29) except as provided in this section. The Commissioner shall give 48 hours prior notice to all parties to such special public hearing in lieu of the notice provisions of § 10122 of Title 29. Notice of the hearing shall be posted as well as published on the Commissioner's Web site in lieu of the notice provisions of § 10124 of Title 29. The Commissioner shall issue a written decision no later than two business days following the hearing Decisions of the Commissioner may be appealed in writing to Superior Court no less than 48 hours before the date of the election.

(3) Notwithstanding the foregoing, at the option of the complainant, that complainant may elect to appeal the decision of the municipal Board of Elections in writing to the Superior Court no less than 48 hours before the date of the election.

G. Election officers appointment. The Town shall have sufficient election officers to conduct the elections. In the event that the Town Council determines that the three member Board of Election appointed under § 26-6A(1) will be insufficient in number to conduct the election, the Town Council may appoint additional qualified election officers to serve under and to assist the Board of Election.

H. Chief election officer. The inspector shall be the chief election officer in the polling place.

I. Board of Election responsibilities.

(1) The inspector shall determine all challenges and all other issues involving the conduct of the election at the polling place. The Board of Elections may provide advice and guidance to the election officers.

(2) Election officers individually and collectively shall conduct elections in a fair and equal manner.

(3) Election officers who violate the provisions of this article shall be removed forthwith by the Board of Elections.

[1] Editor's Note: See also Charter § 5.4.5(f).