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.
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.
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.
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:
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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.
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(SEAL)
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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.
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:
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NOMINEE'S CERTIFICATE OF ELIGIBILITY TO SERVE
ON THE TOWN COUNCIL OF FENWICK ISLAND, DELAWARE
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Fill out statement (1) or (2) below, whichever
is applicable to you.
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(1)
As a resident:
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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.
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Signed and certified on this _______ day of
_________ 20 _____.
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(Signature of Nominee)
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State of _______________
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County of ______________
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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.
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(Seal)
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(Notary Public)
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My commission expires: ______________
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(2)
As a nonresident property owner:
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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.
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Signed and certified on this __________ day
of ________20 ____.
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(Signature of Nominee)
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State of _______________
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County of ______________
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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.
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(Seal)
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(Notary Public)
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My commission expires: ____________
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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).
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:
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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).
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(SEAL)
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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.
