Delaware General Assembly


CHAPTER 128

NEWARK

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE 'CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY CHANGING THE QUALIFICATIONS FOR MAYOR AND COUNCILMEN AND BY CHANGING THE PROVISIONS FOR NOMINATING PETITIONS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):

Section 1. Section 8 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out the period at the end of the first sentence thereof and by inserting in lieu thereof a semi-colon and by adding the following:

"provided further, that 'qualified voter' as used herein shall mean a person who is a registered voter at the time his nominating petition is filed".

Section 2. Section 39 of Chapter 152 of Volume 48, Laws of Delaware, as amended, is further amended by striking out all of said section thereof and by inserting in lieu thereof a new Section 39 as follows :

Section 39. NOMINATIONS :--All nominations for Mayor and City Council shall be by petition, and there shall be on party designation on any such petitions or beside the name of any candidate for office.. Each nomination petition shall be signed by the candidate and shall in addition bear the signatures of ten qualified voters in the case of petitions for the Mayor and the signatures of ten qualified voters residing in the district from which the candidate seeks election in the case of petitions for City Council. "Qualified voters" as used in this section shall mean voters who are registered to vote in the municipal election for which said petitions are filed at the time of the filing of the

petition on which their names appear. The nominating petition for each candidate shall be filed with the Secretary between the hours of 9:00 A. M. and 5:00 P. M. at least 29 days before the municipal election. In the event of the absence of the Secretary said petition may be filed during the hours aforesaid with some other employee at the Council office. Upon receipt of said petitions the Secretary, or such other employee in the absence of the Secretary, shall check the said petitions forthwith.

Approved May 18, 1955.