Bill Text: DE HB137 | 2021-2022 | 151st General Assembly | Engrossed


Bill Title: An Act To Amend The Charter Of The Town Of Laurel Relating To The Qualifications For Mayor And Town Councilman And The Manner Of Holding Biannual Municipal Election.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-09-17 - Signed by Governor [HB137 Detail]

Download: Delaware-2021-HB137-Engrossed.html

SPONSOR:

Rep. Dukes & Sen. Richardson

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 137

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN AND THE MANNER OF HOLDING BIANNUAL MUNICIPAL ELECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §6 of the Charter of the Town of Laurel by making deletions as shown by strike through and insertions as shown by underline as follows:

Section 6.

The qualifications for Mayor and Town Councilman at the time of filing his Candidate Filing Form shall be as follows:

(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. a bona fide resident of The Town of Laurel for a minimum of one year and a registered voter of The Town of Laurel.

(b) The Town Councilman 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 Laurel for a minimum of one year and a bona fide resident of the First Ward. and a registered voter of The Town of Laurel.

(c) The Town Councilman 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 Laurel for a minimum of one year and a bona fide resident of the Second Ward, and a registered voter of The Town of Laurel.

(d) The Town Councilman 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 Laurel for a minimum of one year and a bona fide resident of the Third Ward, and a registered voter of The Town of Laurel.

(e) The Town Councilman 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 Laurel for a minimum of one year and a bona fide resident of the Fourth Ward, and a registered voter of The Town of Laurel.

(f) Each of the Councilmen-At-Large 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 Laurel for a minimum of one year and shall also have the qualifications established in Section 4 of this Charter. Each Councilmen-At-Large shall be a registered voter of The Town of Laurel.

(g) Each Town Councilman, Town Councilman-At-Large and the Mayor may not have been convicted of a felony that has not been pardoned in accordance with applicable law, and may not have been convicted of any of the crimes disqualifying a person from holding an office of trust, honor or profit under the State of Delaware as set forth in Article II, Section 21 of the Delaware Constitution.

(h) Each of the qualifications for Mayor and Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any Town Councilman to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office. 

(i) A non-delinquent taxpayer of all capitation and property taxes of the Town of Laurel for at least 1 year next preceding election.

Section 2. Amend §8 of the Charter of the Town of Laurel by making deletions as shown by strike through and insertions as shown by underline as follows:

(c) At such General Municipal Election, every person, male or female, who shall have attained the age of voting as established by the State of Delaware for voting in a General Election and who shall be a citizen of the United States and a bona fide resident of the Town of Laurel for at least thirty (30) days prior to the date of the General Municipal Election, shall have one (1) vote provided he or she is registered on the Books of Registered Voters of the Town of Laurel. The Town Council of the Town of Laurel shall provide two (2) registers to be known as the Books of Registered Voters, which are to be kept at the Office of the Town Manager. The Books of Registered Voters shall contain the following Information for each registrant: The names of the voters arranged in alphabetical order, date of birth, the permanent address of the voter. the date the registrant became a resident of the Town of Laurel, the Ward in which the registrant resides, and other pertinent information as may be required. No person shall be registered upon the Books of Registered Voters unless he or she will have acquired the qualification to vote in the General Municipal Election for the year in which he or she registers. A person shall be required to register one time and shall remain registered until at which time he or she moves out of the Town of Laurel or is deceased. The Books of Registered Voters shall be maintained at the office of the Town Manager and shall be conclusive evidence of the right of any person to vote at a General Municipal Election. A person may register at the office of the Town Manager on any business day and until the close of business on the fourth Thursday in February in the year of the General Municipal Election by completing The Town of Laurel Voter Application Form and any other such forms as may be required by the Town. Identification of person being registered is required. Identification must include full name and address of registrant. 

(c) Registration of voters in Laurel General Municipal Elections shall be administered and conducted by agreement with and pursuant to regulations promulgated by the Department of Elections for Sussex County.

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