Bill Text: DE SB253 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend The Charter Of The Town Of Henlopen Acres, To Relating The Qualifications Of Mayor, Commissioners, And Voters.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-06-13 - Assigned to Community/County Affairs Committee in Senate [SB253 Detail]
Download: Delaware-2011-SB253-Draft.html
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SPONSOR: |
Sen. Bunting & Rep. Schwartzkopf |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 253 |
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AN ACT TO AMEND THE CHARTER OF THE TOWN OF HENLOPEN ACRES, TO RELATING THE QUALIFICATIONS OF MAYOR, COMMISSIONERS, AND VOTERS. |
Section 1.Amend the Charter of the Town of Henlopen Acres, by making insertions shown by underlining and deletions as shown by strike through as follows:
Section
5.
The
qualifications for Mayor and Commissioner shall be as follows:
(a)
Each of the seven (7) Commissioners of Henlopen Acres, at the time of the
approval of their qualifications by the Town Commissioners, as hereafter
provided or at the time of their appointment, as the case may be, and
throughout his or her term of office, shall have attained the age of twenty-one
(21) years of age.
(b)
Each shall be a non-delinquent taxable of the Town, as to all property taxes
levied or assessments made by the Town for at least one year immediately prior
to the date of the annual election.
(c)
(1)a. At least four of the seven Commissioners must be bona fide residents of
the Town, but all may be residents of the Town for at least one year
immediately prior to the date of the annual election. The Commissioner with the
title of Mayor of the Town of Henlopen Acres shall be a bona fide resident of
the Town.
b.
Any person who, on the date of the filing of notice of intention to run (or on
the date of his or her appointment to fill a vacancy), has been a full-time
resident of the Town for at least one year immediately prior to the date of the
annual election and certifies his or her intention of remaining a full-time
resident of the Town, shall be deemed to be a resident Commissioner upon taking
office, whether or not such person is also a freeholder in the Town; and if
such person subsequently fails to maintain residency in the Town, but continues
to be a freeholder in the Town, during his or her term of office, that person
shall continue to be deemed a ìresidentî Commissioner.
c.
Any person who, on the date of filing of the notice of intention to run (or on
the date of his or her appointment to office in the case of a vacancy) is not a
resident of the Town but is a freeholder for at least one year immediately
prior to the date of the annual election be deemed to be a ìnon-resident Commissionerî.
If such ìnon-residentî Commissioner subsequently establishes residency in the
Town during his or her term of office, that person shall continue to be deemed
to be a ìnon-residentî Commissioner; provided, however, that if any
non-resident Commissioner shall, during his or her term of office, cease to be
a freeholder in the Town, that person shall be deemed to have vacated his or
her office by reason of that fact alone, regardless of whether or not that
person has subsequently become a resident of the Town.
(d)
(1)
Every property owner, whether an individual, trust, partnership, corporation or
limited liability company shall have one vote.
(2)
A entity other than an individual shall vote by a person named in a certificate
signed by the president, vice-president or person with authority, attested by
the secretary or an assistance secretary, and with the corporate or appropriate
seal affixed. A partnership shall vote by a person named in a certificate
signed by all of the general partners. No vote shall be cast by a person named
in a certificate given pursuant to this paragraph until the certificate is
filed with the Town Manager. A new certificate shall be required for each
election.
(3)
Every citizen of the United States, State of Delaware, and Town of Henlopen
Acres who is not a property owner but who is a bona fide resident for thirty
days immediately prior to the date of the annual election of the Town of
Henlopen Acres, and is over the age of eighteen (18) shall have one vote.
(e)
These provisions shall be construed in accordance with the principle of
"one-person/entity, one vote": If a voter is entitled to vote by
virtue of being both a resident and an owner of real property, the voter is
entitled to only one vote; if a voter is entitled to vote by ownership of two
or more parcels of real property, the voter is entitled to only one vote.
(f)
The Commissioners may, by ordinance, provide for a voter registration
procedure.
5. Qualifications of Mayor and Commissioners and voters.
The qualifications for Mayor and Commissioners shall be as follows:
A. Each of the seven Commissioners of Henlopen Acres, at the time of the approval of their qualifications by the Town Commissioners, as hereafter provided or at the time of their appointment, as the case may be, and throughout his or her term of office, shall have attained the age of 21 years of age, and shall be eligible to vote under the provisions of this Section.
B. Each shall be a non-delinquent taxable of the Town, as to all property taxes levied or assessments made by the Town.
C. At least four of the seven Commissioners must be bona fide residents of the Town, but all may be residents of the Town. The Commissioner with the title of Mayor of the Town of Henlopen Acres shall be a bona fide resident of the Town for at least one year prior to the date of the annual election.
(1) Any person who, on the date of the filing of notice of intention to run (or on the date of his or her appointment to fill a vacancy), has been a bona fide resident of the Town for at least 30 days prior to the date of the annual election and certifies his or her intention of remaining a bona fide resident of the Town, shall be deemed to be a "resident" Commissioner upon taking office, whether or not such person is also a freeholder in the Town; and if such person subsequently fails to remain a bona fide resident of the Town, but continues to be a freeholder in the Town, during his or her term of office, that person shall continue to be deemed a "resident" Commissioner.
(2) Any person who, on the date of filing of the notice of intention to run (or on the date of his or her appointment to office in the case of a vacancy), is not a bona fide resident of the Town but is a freeholder for at least one year prior to the date of the annual election be deemed to be a "non-resident Commissioner." If such "non-resident" Commissioner subsequently becomes a bona fide resident of the Town during his or her term of office, that person shall continue to be deemed to be a "non-resident" Commissioner; provided, however, that if any non-resident Commissioner shall, during his or her term of office, cease to be a freeholder in the Town, that person shall be deemed to have vacated his or her office by reason of that fact alone, regardless of whether or not that person has subsequently become a bona fide resident of the Town.
D. The Commissioners shall be judges of the qualifications of their members.
E. For purposes of this Charter, a "freeholder" shall be deemed to include any person who holds fee simple title of real property in his own name, or who holds title to an undivided interest in real property, or who holds title to real estate as a tenant by the entirety, or who is both grantor/settler and trustee of a valid revocable trust to which real property located within the Town has been conveyed, provided that a copy of the trust document identifying a grantor/settler and trustee is on file with the Town.
The qualifications for voter eligibility shall be as follows:
F. At such annual election, every natural person who shall have attained the age of Eighteen (18) years and who shall be a freeholder, as defined in this Section, in The Town of Henlopen Acres for a period of Six (6) months immediately preceding the date of such Annual Municipal Election, whether or not a resident of the State of Delaware or of The Town of Henlopen Acres shall be entitled to One (1) vote, provided such person is registered on the books of registered voters.
G. Every citizen of the United States, State of Delaware, and Town of Henlopen Acres who is not a freeholder, as defined in this Section, but who is a bona fide resident of the Town of Henlopen Acres for thirty (30) days prior to the date of the annual election of the Town of Henlopen Acres, and is over the age of Eighteen (18) shall be entitled to One (1) vote, provided such person is registered on the books of registered voters.
H. These provisions shall be construed in accordance with the principle of "one-person, one vote": If a voter is entitled to vote by virtue of being both a resident of the Town of Henlopen Acres and a freeholder, the voter is entitled to only One (1) vote; if a voter is entitled to vote by ownership of two or more parcels of real property, the voter is entitled to only One (1) vote.
I. The Commissioners may, by ordinance, provide for a voter registration procedure.
Section 2. If any provision of this Act shall be deemed or held to be invalid or unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not affect any other provision of this Act which may be given effect without such invalid or unenforceable provision, and to this end, the provisions of this Act are hereby declared to be severable.
SYNOPSIS
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This bill amends the Charter for the Town of Henlopen Acres to clarify that all candidates for Town Commissioner and all serving Town Commissioners must be eligible to vote in the annual municipal election, and to modify the qualifications for voter eligibility in municipal elections, including (1) removing general entity voting, and (2) allowing voting by individuals who are both grantors/settlers and trustees of valid revocable trusts holdingreal property located within the municipal boundaries of Henlopen Acres.Additionally, this bill corrects the numbering and lettering of provisions which, through previous amendments, became non-sequential. |
Author: Sen. Bunting
