Delaware House Bill 84 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Passed on June 15 2021 - 100% progression
Action: 2021-06-15 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

This bill removes from §C-5 (Town Council) of the Charter of the Town of South Bethany sections regarding qualifications of Town Council Members, terms of office, and Prohibition of Employment with the Town and relocates the sections to §C-6. It also amends §C-6 (Municipal Elections) to conform with the mandatory provisions of Delaware Code, Chapter 75 of Title 15 of the Delaware Code (entitled Municipal Elections); adds a requirement that the Town post a Notice of Solicitation of Candidates at least 20 days prior to the Towns candidate filing deadline; changes the Towns Notice of Election requirement to include posting such notice on the Town website and one newspaper of general circulation, while no longer requiring notice to be posted in 5 public places; changes the date of the annual election for municipal offices to the second Saturday in May; renames all references of Freeholder to Property Owner; removes spouse of a freeholder as a qualification to vote in an election; denies Trusts, Corporations, Partnerships and Limited Liability Corporations (LLCs) the right to vote; revises the definition of resident of town to include a person who has physically resided in the town corporate limits for at least 30 days prior to the election; requires persons appearing to vote to present proof of identity and address; allows personal recognition of a voter by a majority of Election officers at the polling place to attest to a voters identity and address; removes the requirement a Notice of Intention of Candidacy be filed 45 days before the election; requires the Town to submit the names of candidates to the Department of Election within one day of the filing deadline; allows the Mayor to call a Special Meeting regarding candidate eligibility 20 days before the election; requires a candidate for a municipal office to file a Certificate of Intention establishing a campaign committee with the State Election Commissioner; allows the Board of Elections to declare candidates elected where the number of qualified candidates are equal to or less than the number of seats up for election; adds a provision barring members of the Board of Elections from being elected officials or immediate family members of elected officials; and adds new procedures for Election Day. The bill also removes references to Town Aldermen; removes the option of the Town Council Secretary and Treasurer not being members of the Town Council; renames the President pro-tempore as the Mayor pro-tempore; further expands the definition of sudden emergency; allows the City Treasurer to be assisted by Town Staff in their responsibilities; removes the requirement that an audit of town funds be performed upon the expiration of a Treasurers term in office; requires a member to pay at the members own expense if they retain counsel at a hearing for a forfeiture of office; requires notice requirement of Special Meetings be made in accordance with the provisions of the Delaware Freedom of Information Act; and authorizes the Town Council to allow participation and vote by remote electronic access to the extent permitted by a state of emergency and the Delaware Freedom of Information Act. This Act requires a greater than majority vote for passage because §1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.

An Act To Amend The Charter Of The Town Of South Bethany Relating To Town Council, Municipal Elections, And Organization Of Town Council.

Rep. Ronald Gray [R]

Sen. Gerald Hocker [R]

2021-04-29 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2021-04-01 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-06-15		Signed by Governor
2021-04-29		Passed By Senate. Votes: 21 YES
2021-04-21		Reported Out of Committee (Elections & Government Affairs) in Senate with 1 Favorable, 5 On Its Merits
2021-04-01		Assigned to Elections & Government Affairs Committee in Senate
2021-04-01		Passed By House. Votes: 41 YES
2021-04-01		Amendment HA 1 to HB 84 - Passed By House. Votes: 41 YES
2021-03-30		Amendment HA 1 to HB 84 - Introduced and Placed With Bill
2021-03-26		Suspension of Rules in House
2021-03-24		Reported Out of Committee (Administration) in House with 2 Favorable, 2 On Its Merits
2021-01-28		Introduced and Assigned to Administration Committee in House

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=48349
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=48349&legislationTypeId=1&docTypeId=2&legislationName=HB84
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=24173&docTypeId=6
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#41924
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#52040