Bill Text: DE HB33 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 15 Of The Delaware Code Relating To Municipal Elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2011-08-09 - Vetoed by Governor [HB33 Detail]
Download: Delaware-2011-HB33-Draft.html
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SPONSOR: |
Rep. Jaques & Sen. Katz |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 33 |
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AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS. |
Section 1.Amend Title 15, Section 7550(h) to insert at the end thereof the words:
", provided that the State Election Commissioner may, in his or her sole discretion, cancel any municipal
election the conduct of which is rendered impracticable due to conditions outside of the municipality's control.Upon such cancellation, the municipality shall reschedule the election in accordance with Section 7553 of this Chapter and the term of any existing officeholder shall continue until the results of the rescheduled election are certified pursuant to Section 7558."
Section 2.Amend Title 15, Section 7552(a) to insert the words ", election day, or post-election" after the word "pre-election" each time it appears therein.
Section 3.Further amend Title 15, Section 7552(a) to insert the words "A complaint regarding an alleged violation of Sections 7551, 7553, 7554, 7555, or 7557(h) shall be submitted no later than 14 days prior to the day of the election." after the second sentence thereof.
Section 4.Amend Title 15, Section 7552(b) to insert the words "If the municipal Board of Elections fails to timely meet and issue a written decision, the citizen may file the complaint directly with the State Election Commissioner." after the first sentence thereof.
Section 5.Further amend Title 15, Section 7552(b) to strike the words "no less than 48 hours before the date of the election".
Section 6.Amend Title 15, Section 7552 to designate existing subsection (c) as subsection (d) and add a new subsection (c) to read:
"The State Election Commissioner may issue a decision ordering such corrective action as deemed warranted.The State Election Commissioner is specifically authorized to invalidate the result of an election where the State Election Commissioner finds that any voter was denied the right to vote in violation of federal or state law or that the conduct in violation of Subchapter IV or V of this chapter or federal or state law altered or is reasonably likely to have altered the result of the election.".
Section 7.Amend Title 15, Section 7552(d) to strike the words "no less than 48 hours before the date of the election".
Section 8.Amend Title 15, Section 7553(f) to insert the words "Within three business days of posting election notices pursuant to subsections (a) and (b)," at the beginning thereof.
Section 9.Further amend Title 15, Section 7553(f) to insert at the end thereof the words:
"The Department of Elections may reject any election notice that is filed late or that is materially incorrect.If such rejection results in the violation of subsection (a) or (b) of this section, the municipality shall reschedule the election in accordance with this section.".
Section 10.Amend Title 15, Section 7558(a) to insert the words "certification of" after the word "following".
Section 11.Amend Title 15, Section 7558 to designate existing subsection (d) as subsection (e) and existing subsection (e) as subsection (f) and to add a new subsection (d) to read:
"In the case of any objection or dispute, the municipal Board of Elections shall convene within 48 hours of the closing of the polls to examine the matter, reviewing such records and hearing such testimony as it shall deem necessary. The Board of Elections shall determine the result of the contested election and certify the name of the winning candidate or candidates. If, by reason of an equal number of votes having been cast for 2 or more candidates for municipal office, there is a tie vote for a municipal office, the State Election Commissioner shall declare a vacancy in such office.Such vacancy shall be filled by appointment by the governing body of the municipality until the next municipal election, when it shall be filled for the remainder of the term.If such vacancy occurs within 30 days of a municipal election for the vacant office, the governing body of the municipality may elect not to fill the vacancy by appointment.".
Section 12.Amend Title 15, Section 7558(f) to insert at the end thereof the sentence:
"For purposes of this subsection, the words ‘county, district or hundred' as used in Section 5941 shall mean ‘municipality' and the words ‘board of canvass' as used throughout Sections 5941 through 5955 shall mean ‘municipal Board of Elections.'".
SYNOPSIS
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This bill, if enacted, would empower the State Election Commissioner to declare vacancies in municipal offices in the event of a tie vote, cancel municipal elections due to weather-related and other unforeseeable emergencies, and invalidate the results of municipal elections involving conduct in violation of federal or state law. |
