There are hereby created and established four (4) Wards for
The Town of Georgetown as follows:
3.1.1
First Ward: The area within the Town limits South of the center line
of East Market Street and East of the center line of South Bedford
Street, extending to the outermost limits of the Town.
3.1.2
Second Ward: The area within the Town limits North of the center
line of East Market Street and East of the center line of North Bedford
Street, extending to the outermost limits of the Town.
3.1.3
Third Ward: The area within the Town limits North of the center line
of West Market Street and West of the center line of North Bedford
Street, extending to the outermost limits of the Town.
3.1.4
Fourth Ward: The area within the Town limits South of the center
line of West Market Street and West of the center line of South Bedford
Street, extending to the outermost limits of the Town.
The qualifications for Mayor and Town Council member at the
time of their election shall be in accordance with 15 Del.C. § 7555(c)(1),
(c)(2) and (c)(3) as amended and shall also include:
(a)
The Mayor shall be at least twenty one (21) years of age, a citizen of the United States and of the State of Delaware and a bona fide resident of The Town of Georgetown as defined in Section 3.2 (g).
(b)
The Town Council member from the First Ward shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Georgetown and a bona fide resident of the First Ward as defined in Section 3.2 (g).
(c)
The Town Council member from the Second Ward shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Georgetown and a bona fide resident of the Second Ward as defined in Section 3.2 (g).
(d)
The Town Council member from the Third Ward shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Georgetown and a bona fide resident of the Third Ward as defined in Section 3.2 (g).
(e)
The Town Council member from the Fourth Ward shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Georgetown and a bona fide resident of the Fourth Ward as defined in Section 3.2 (g).
(f)
Each of the qualifications for Mayor and Town Council member shall
be continuing qualifications to hold office and the failure of either
the Mayor or any Town Council member to continue to have any of the
qualifications required by this Section during their term of office
shall create a vacancy in the office.
(g)
A person is a 'bona fide resident' of the town when he/she physically
resides within the corporate limits of the town and continues to make
that residence his/her fixed and permanent home.
[Amended by 83 Del. Laws, c. 19]
3.3.1
Notice of Solicitation of Candidates. Not less than 20 calendar days before
the filing deadline for Notices of Candidacy, the Town shall post
a 'Notice of Solicitation of Candidates' in at least 2 public places
in the Town, one of which must be at the Town Hall. If the Town has
a website, the notice must also be posted on the website. The notice
must 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. If the Town
permits absentee ballots, the notice must also include information
concerning how to obtain an absentee ballot. Under 15 Del. C. §
7553, the Town shall provide a copy of the notice to the Department
of Elections.
3.3.2
Statement of Candidacy. To be listed on the ballot at any regular
or special election of Town Council members, a candidate must file
a Statement of Candidacy on a form as prescribed by the Town of Georgetown,
with the Town Manager. The statement must contain an affirmation that
the candidate meets all of the qualifications for holding office.
The Statement of Candidacy must be submitted on or before 5:00 p.m.
on the third Friday in April. If the third Friday in April is a legal
holiday, the last day for filing notification of candidacy is the
last business day immediately preceding the third Friday in April.
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The Town Manager shall present all timely received Statements
of Candidacy to the Town Council for certification at a special meeting
to be held after the filing deadline.
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Upon the submission of a Statement of Candidacy, the candidate
shall file a Certificate of Intention or Statement of Organization
with the State Election Commissioner no later than 7 calendar days
after the declaration of candidacy.
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3.3.3
Compliance with Municipal Election Statutes. Every candidate for
Town office, and every affected Town Official, shall comply with the
provisions of 15 Del. C. § 7555 (d) through (h) as amended, and
other applicable state laws, in regard to the filing of 'Certificates
of Intention' or 'Statements of Organization'. In accordance with
15 Del. C. § 7555(l), the Town shall submit the names of
candidates for each office up for election to the Department of Elections
in Sussex County no later than 1 business day following the deadline
for filing a Statement of Candidacy under Section 3.3.2 of this Charter.
3.4.1
Voter Qualifications. Any person shall be qualified to vote who,
on the date of the election, is:
3.4.2
Voter Registration. Registration of voters in Georgetown municipal
elections shall be administered and conducted by agreement with and
pursuant to regulations promulgated by the Department of Elections
for Sussex County.
[Amended by 81 Del. Laws, c. 138]
3.4.3
Uncontested Elections; write-in candidates.
(1)
Where there is only one (1) official candidate for each office up
for election, the Board of Elections shall declare those candidates
elected without the holding of a formal election.
(2)
No person or candidate whose name does not appear on the ballot shall
be eligible for election, and votes for 'write-in' candidates shall
not be counted.
(3)
In the event that no person files for office for which an election is to be held within the time set forth in Section 3.3 of this Charter, the incumbent shall be deemed to be reelected for a full term and it shall not be necessary to have an election.
[Added by 81 Del. Laws, c. 138]
(4)
In the event that only one person files or is nominated for office for which an election is to be held within the time set forth in Section 3.3 of this Charter, the person who files or who is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an election.
[Added by 81 Del. Laws, c. 138]
3.4.4
Date, Time, and Place and Manner of Conducting.
(1)
Date, Time, and Place. The annual town election shall be held on
the second Saturday in May of each year at such time and place, within
the town, as shall be determined by the Town Council. The polls shall
remain open for not less than six (6) hours, the times to be determined
by the Town Council.
(a)
At the Annual Municipal Election held on even years, the Mayor
and one (1) Council member from the Third Ward and one (1) Council
member from the Fourth Ward shall be elected. The Mayor and each of
the Council members who are elected shall serve for a term of two
(2) years, or until their successor has been duly elected.
(b)
At the Annual Municipal Election held on odd years, one (1)
Council member from the First Ward and one (1) Council member from
the Second Ward shall be elected. Each of the Council members so elected
shall serve for a period of two (2) years or until their successor
has been duly elected.
(2)
Notice of Elections. Notice of town elections, including the date,
time, and place thereof, the names of the candidates for each office
to be filled, and the qualifications to vote in the election must
be given by posting notice thereof in at least 2 public places in
the town, 1 of which must be at the Town Hall, not less than 20 calendar
days before the day of such election and by publishing notice thereof
prominently on the Town’s website.
[Amended by 83 Del. Laws, c. 19]
(3)
Voting Machines, Paper Ballots, Electronic Voting System. Elections
shall be by voting machine, electronic voting system, or by paper
ballot as the Town Council shall determine; provided however that
voting machines or electronic voting systems shall be used if required
by general statute.
(4)
Absentee Voting. The Town Council may, by ordinance, provide for
a qualified voter (duly registered if required by ordinance) who shall
be unable to appear in person, to cast his or her ballot at any municipal
election by absentee ballot. In such event, the Town shall comply
with the Delaware Code's Municipal Election statute regarding absentee
voting as amended, or in accordance with any future corresponding
provision of law.
(5)
Rules Governing Conduct of Elections. All elections for Town Offices
shall be conducted in accordance with the provisions of 15 Del.C.
§ 7557 regarding, among other things, training of Election
Officers, persons who may be admitted into the voting room, electioneering,
challengers and challenges, oath of office for Election Officers,
bribery, polling places and the preparation thereof, voting procedures,
closing of the polls, and unofficial results; provided however that
the Board of Elections shall fulfill the role of 'Inspector' of the
election. The Town Council may, by ordinance or resolution, adopt
such other additional rules, not inconsistent with the provisions
of this Charter or with controlling state or federal law, governing
the conduct of elections.
(6)
Board of Elections. Every election must be held under the supervision
of the Board of Elections. The Board of Elections must consist of
3 persons who are qualified voters of the town and who are not an
elected official or candidate or an immediate family member of an
elected official or candidate (mother, father, son, daughter, brother,
sister, including half-brothers and half-sisters, stepfamily members,
and in-laws). A Board of Elections must be appointed before each Town
Council election by the Town Council at least 20 calendar days before
a Town Council election. Members of the Board of Elections must be
issued a Certificate of Appointment and shall take the oath or affirmation
set out in 15 Del. C. § 7551(d). Members of the Board of
Elections shall not engage in 'electioneering' as defined in 15 Del.
C. § 7551(e). After installation of the Board of Elections,
the Town shall notify the State Election Commissioner of the Board's
members, and post the names and contact information for the Board
of Elections in the Town Hall and on the Town's website. The Town
Council may, at the same time it appoints the Board of Elections,
appoint up to three 'alternate' members (designated as 'first', 'second',
and 'third' alternate) to assume office in the event that one or more
of the original Board of Elections resigns, is disqualified, or is
otherwise unable to serve. Each alternate member must meet all the
qualifications for serving on the Board of Elections and shall conduct
themselves in the manner required for members of the Board of Elections.
In the event that it becomes necessary for one or more of the alternates
to serve, they must be provided a Certificate of Appointment, administered
the oath or affirmation, and notice of their appointment provided
as in the case of the original members of the Board of Elections.
Members of the Board of Elections are the sole and final judges of
the conduct of the election and of the legality of the votes offered.
The Board of Elections shall determine all challenges and other issues
involving the conduct of the election at the polling place. The Board
of Elections shall keep a list of all voters voting at said election.
The Board of Elections has the power to administer oaths, subpoena
persons, officers of the town, and books, records and papers relative
to the determination of the qualifications of voters and the legality
of any vote offered.
[Amended by 83 Del. Laws, c. 19]
(7)
Election Officers. As defined in 15 Del. C. §§ 7556 and
7557, the Board of Elections shall appoint a sufficient number of
Election Officers to assist in conducting the Town Election in a fair
and equal manner. Any Election Officer who violates the provisions
of the Municipal Election statutes must be forthwith removed by the
Board of Elections.
[Amended by 83 Del. Laws, c. 19]
(8)
Election Results. The Board of Elections shall tabulate the votes
and announce the results of the election as soon as possible following
the closing of the polls. Fallowing the resolution of any contest
and the certification of the election results, the Board of Elections
shall audit the election records in order to reconcile the number
of voters who cast ballots as compared to the number of voters who
returned absentee ballots and voted on voting machines. The tabulated
results shall be made available for public review.
(9)
Recounts. The Board of Elections shall recount the ballots if the
difference between the top two candidates is 1/2 of 1% or less than
the total votes cast for that office. Where citizens vote for more
than one candidate for an office, the Board of Elections shall recount
the ballots if the difference between the last candidate elected and
the next closest candidate are 1/2 of 1% or less than the total votes
cast for the office.
[Amended by 83 Del. Laws, c. 19]
(10)
In the event of a tie vote for any office, a special election
for said office, only, must be held within 30 days of the election
that resulted in the tie vote, and the listing of registered voters
must remain closed until the end of the day of the special election.
[Amended by 83 Del. Laws, c. 19]
(11)
Preservation of Ballots and Records. All ballots cast and all
records of the election kept by the Board of Elections shall be preserved
in the custody of the Town Manager, following the Board of Election's
announcement of the election results, unless an appeal is filed in
a court of appropriate jurisdiction, in which case such ballots and
records shall be preserved until further direction of the court having
jurisdiction.
3.4.5
Time Limit to Challenge Election. No action to challenge the election
of any member of the Town Council may be filed after the expiration
of thirty (30) calendar days from the date the Board of Elections
announces the results of the election.
