| | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 11, Title 9 of the Delaware Code, by striking § 1147 thereof in its entirety and by substituting in lieu thereof the following: “§ 1147. Vacancies.
(a) The office of an elected official of the County Council shall become vacant upon the official's death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The office shall be deemed to have been forfeited should the incumbent at any time during his term of office:
(1) Lack any qualifications for the office prescribed by this subchapter or other law of the State, including residence in the district from which he was elected;
(2) Violate any express prohibition of this title;
(3) Be convicted of any offense against public administration as defined in 11 Del. C. Chapter 5, Subchapter IV, or an equivalent offense in any other jurisdiction; or
(4) Be convicted of a crime involving moral turpitude.
(b) Whenever a vacancy in County Council occurs for any reason, within 10 days following the creation of the vacancy the President of County Council shall deliver to the New Castle County Department of Elections a writ of election reporting the existence of the vacancy and requesting that a special election be scheduled to fill the same.
(c) No more than 30 days after it receives a writ of election from the President of County Council, the County Department of Elections shall hold a special election to fill the vacancy on County Council.
(d) Notwithstanding subsection (c) of this section:
(1) If a vacancy occurs 20 or fewer days immediately before the next general election, a special election to fill the vacancy shall be held not more than 30 days after the general election.
(2) If a vacancy occurs that would require a special election to be held within the 30 days immediately preceding a general election, the election to fill such vacancy shall be held at the time of the general election.
(e) On the next day after receiving a writ of election, unless the same shall be Sunday and then on the Monday next following, the New Castle County Department of Elections shall post a proclamation reciting the writ and appointing a day for holding a special election, and the Council member or members to be chosen, at the following locations:
(1) On the outside of the door of the New Castle County Courthouse;
(2) On the internet; and
(3) In at least 5 of the most public places in the council district for which it received a writ of election.
(f) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the County Commissioner no more than 15 days prior to the date selected for the special election. The candidate for a political party shall be selected by the county chair of that party, or in event that a county chair does not exist then by the party’s state chair.
(g) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the expiration of the term.
(h) Upon receiving a writ of election from the President of County Council, the New Castle County Department of Elections shall notify each inspector, judge of election, and clerk of election within such council district in which such election is to be held. If any inspector, judge, or clerk of election within such council district shall be dead, removed, unable to serve or shall refuse to serve, the notice shall be delivered to the person or persons appointed to fill such vacancy or vacancies. The inspectors who served in the council district at the next preceding election, or the persons so appointed or supplied to fill vacancies among such inspectors, shall be the presiding officers for the special election. The judges of election, clerks, and challengers who served in the council district in which the special election is to be held, at the next preceding election, shall serve in such district in their several capacities for such special election.
(i) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant to subsection (d) of this section, shall be paid by New Castle County.” SYNOPSIS |
