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7/11/2006
State Representative Greg Lavelle’s Legislation To Bring Uniformity To Municipal Elections In Delaware Is Law

FOR IMMEDIATE RELEASE July 11, 2006
Contact: Stephanie Mantegna, House of Representatives, 302-577-8515

Legislation to reform the way municipal elections are held in Delaware by establishing a new municipal election code is now law.

House Bill 410, sponsored by State Representative Gregory F. Lavelle (R-Sharpley) and signed by the Governor, is aimed at ensuring that voters in municipalities should be guaranteed that elections are held in a uniform, fair and open manner.

The bill includes the following provisions:

  • Requires each municipality to appoint a Board of Elections as provided in a municipality’s charter or code to oversee the election of the municipality’s government.
  • Establishes a complaint procedure whereby a citizen can make a written complaint to the municipality’s Board of Elections with appeals possible to the Commissioner of Elections and Superior Court.
  • Establishes standards for posting notices regarding an election of the municipality’s government.
  • Requires voters to show proof of identity and address at the polls, but permits a majority of the Election Officers to attest to a person’s identity and address.
  • Establishes standards for declaring candidacy.
  • Provides that the rules for absentee voting shall be as provided in Title 15 of the Delaware Code for Primary, General and Special Elections.
  • Establishes standards for the conduct of the election.
  • Establishes standards for recounts, when an elected member may take office, certification of an election and for resolving election contests.

“Rep. Lavelle stated, “This bill was the result of a bi-partisan and collaborative effort over the past year

involving Representatives and Senators, State Elections Commissioner Frank Calio and representatives from the Delaware League of Local Governments. This is not a state takeover of local elections. It simply provides standards and uniformity to election procedures.”

Supporters of HB 410 say the measure is more about updating, than reforming, local election laws. “One of the things the bill would change is that no one could be sworn into office for a week following the election,” Rep. Lavelle said. He added that the delay provides a necessary pause, providing time to address questions that may hang over the election.

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