Bill Text: DE HB360 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 14 And Title 15 Of The Delaware Code Relating To School Boards And School Board Elections.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2012-06-12 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits [HB360 Detail]
Download: Delaware-2011-HB360-Draft.html
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SPONSOR: |
Rep. Longhurst & Rep. Hudson & Sen. Blevins & Sen. Connor |
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Reps. Bolden, Jaques, B. Short, Walker |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 360 |
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AN ACT TO AMEND TITLE 14 AND TITLE 15 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS AND SCHOOL BOARD ELECTIONS. |
Section 1. Amend §1045, Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
§ 1045. Annual meeting; election of officers.
(a) Each school board shall hold an annual meeting at its office in July of each year until the year 2015.In the year 2015 the annual meeting shall be held in January.Each school board shall continue to have its annual meeting in January every year thereafter.
(b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president's stead.
(c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board.
Section 2. Amend §1052, Title 14 of the Delaware Code by making insertions as by underlining and deletions as shown by strike through as follows:
§1052. Number; qualifications of members; 1 member elected each year; term of members.
(a) Unless otherwise provided in this chapter, each school board shall be composed of 5 members.
(b) Each member
shall be a citizen of the State and resident of the school district in which
elected or appointed and shall be qualified to vote at a school election in
that district at the time of such election or appointment.
(b) Each member shall be 18 years of age or over, a citizen of the State and a resident of the school district in which elected or appointed and shall meet these requirements at the time of such election or appointment.
(c) Unless otherwise provided in this chapter, 1 school board member shall be elected each year except where an unexpired term of a former member is also to be filled. However, beginning in the year 2016 at least 2 school board members shall be elected during the general election and at least 2 school board members shall be elected biennially thereafter.
(d) Unless
otherwise provided in this chapter each school board member shall be elected
for a term of 5 years except for terms starting in 2011 or thereafter and
when such election is to fill an unexpired term, said term commencing on July 1
or January 1 whichever date follows and is closest to the school board
election at which the member is elected following such member's election.
The term of office for a member of a school board elected to office in 2011
shall be reduced so that the term of office ends on December 31, 2014, and all
successive elections for that position on the school board shall be for a 4
year term starting on January 1 following the election.The term of office for a member of a school
board elected in 2012 shall be reduced so that the term of office ends on December
31, 2016 and all successive elections for that position on the school board
shall be for a 4 year term starting on January 1 following the election.Effective in the year 2013, the election for
a position on a school board which term ends in 2013 shall be for a 3 year 6 month
term and all successive elections for that position on the school board shall
be for a 4 year term starting on January 1 following the election. The election
in the year 2014 for a position on a school board which term starts on July 1,
2014 shall be for a 2 year 6 month term and all successive elections for that
position on the school board shall be for a 4 year term starting on January 1 following
the election.The election in the year
2015 for a position on a school board which term ends in 2015 shall be for a 3
year 6 month term and all successive elections for that position on the school
board shall be for a 4 year term starting on January 1 following the election.
Section 3. Amend §1054(b), Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(b) Unless otherwise provided in
this chapter, a vacancy on a school board, for any cause other than the
expiration of term, shall be filled by the remaining members of the school
board for the remainder of the fiscal year until either July 1 or
January 1, whichever date follows and is closest to the next regular school
board election, and a new member shall be elected at the next regular
school board election to serve for the unexpired term as specified below:
(1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy.
(2) A person appointed to fill a vacant seat shall meet the qualifications to be elected to that seat.
(3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district.
(4) When a
vacancy occurs on a School Board after the second Friday in February and the
next school board election is in May of that yearof a fiscal year, the respective
Department of Elections shall establish a special filing deadline for that seat
that is 20 days following receipt of notification of the vacancy. When a
vacancy occurs on a School Board after the first Friday in July and the next
school board election is in November of that year, the respective Department of
Elections shall establish a special filing deadline for that seat that is 20 days
following receipt of notification of the vacancy.If the special filing deadline falls on a
Saturday, Sunday or state holiday, the deadline shall be the first business day
following that Saturday, Sunday or state holiday.
Section 4. Amend §1065(b), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(b) Except as provided in subsection (c) of this section, the State Board of Education shall upon consolidation appoint 5 members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate 1 member to serve for a term of 5 years, 4 years, 3 years, 2 years and 1 year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation until 2011, elect 1 member for a term of 5 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies. The term of office for a member of a school board elected to office in 2011 shall be reduced so that the term of office ends on December 31, 2014, and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The term of office for a member of a school board elected in 2012 shall be reduced so that the term of office ends on December 31, 2016 and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.Effective in the year 2013, the election for a position on a school board which term ends in 2013 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election. The election in the year 2014 for a position on a school board which term starts on July 1, 2014 shall be for a 2 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The election in the year 2015 for a position on a school board which term ends in 2015 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.
Section 5. Amend §1066(c), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years except for terms starting in 2011 or thereafter. The qualified voters of any school district resulting from such division shall, at each annual election after division until the year 2011, elect 1 member for a term of 5 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies. The term of office for a member of a school board elected to office in 2011 shall be reduced so that the term of office ends on December 31, 2014, and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The term of office for a member of a school board elected in 2012 shall be reduced so that the term of office ends on December 31, 2016 and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.Effective in the year 2013, the election for a position on a school board which term ends in 2013 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election. The election in the year 2014 for a position on a school board which term starts on July 1, 2014 shall be for a 2 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The election in the year 2015 for a position on a school board which term ends in 2015 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.
Section 6. Amend §1066A(a)(2), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(2) The term of office for members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 5 years except for terms starting in the year 2011 or thereafter. All terms shall end on June 30 except for terms starting in 2011 or thereafter and the terms shall be staggered so that no more than 2 terms in any school district ends on any June 30 except for terms starting in the year 2011 or thereafter. Any vacancy shall be filled for the remainder of the unexpired term in accordance with §1054 of this title. The term of office for any school board member of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District elected to office in 2011 shall be reduced so that the term of office ends on December 31, 2014, and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The term of office for any school board member of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District elected in 2012 shall be reduced so that the term of office ends on December 31, 2016 and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.Effective in the year 2013, the election for any position on the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District which term ends in the year 2013 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The election in the year 2014 for any position on the schools boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District which term starts on July 1, 2014 shall be for a 2 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election. The election in the year 2015 for any position on the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District which term ends in the year 2015 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.
Section 7. Amend §1068(f), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(f) Each school board member shall be elected for a term of 3 years until the year 2013, said term to commence on July 1 following the school board member's election, except when such election is to fill an unexpired term, as provided in this chapter, until a successor has been elected and duly qualified.Effective in the year 2013, the election for the positions on the school board which terms end in the year 2013 shall be for 1 year 6 month terms and all successive elections for those positions on the school board shall be for 4 year terms starting on January 1 following the election. The election in the year 2014 for the positions on the school board which terms end in the year 2014 shall be for2 year 6 month terms and all successive elections for those positions on the school board shall be for 4 year terms starting on January 1 following the election. The election in the year 2015 for the positions on the school board which terms end in the year 2015shall be for 1 year 6 month terms and all successive elections for those positions on the school board shall be for 4 year terms starting on January 1 following the election.
Section 8. Amend §1069(c)(7), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(7) Except for the shortened term of Area D for 1 year from 1997 to 1998 and Area D for 4 years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 5 years except for terms starting in 2011 or thereafter.An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on July 1 following the election until the year 2014.The term of office for a member of a school board elected to office in 2011 shall be reduced so that the term of office ends on December 31, 2014, and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The term of office for a member of a school board elected in 2012 shall be reduced so that the term of office ends on December 31, 2016 and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.Effective in the year 2013, the election for a position on a school board which term ends in 2013 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election. The election in the year 2014 for a position on a school board which term starts on July 1, 2014 shall be for a 2 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.The election in the year 2015 for a position on a school board which term ends in 2015 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for a 4 year term starting on January 1 following the election.
Section 9. Amend §1070(3), Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule:
Election Designated At Large
Year Area Seats Term Seats Term
1975 None - 1 5 yr.
1976 C 5 yr. 1 5 yr.
1977 D 5 yr. 1 5 yr.
1978 A 5 yr. 1 5 yr.
1979 B 5 yr. None -
1980 None - 1 5 yr.
1981 C 5 yr. 1 5 yr.
1982 D 5 yr. 1 5 yr.
1983 A 5 yr. 1 5 yr.
1984 B 5 yr. None -
The term of office for school board members elected to office in 2011 shall be reduced so that the term of office ends on December 31, 2014, and all successive elections for those positions on the school board shall be for a 4 year term starting on January 1 following the election.The term of office for school board members elected in 2012 shall be reduced so that the term of office ends on December 31, 2016 and all successive elections for those positions on the school board shall be for a 4 year term starting on January 1 following the election. Effective in the year 2013, the elections for the positions of the school board whose terms end in 2013 shall be for 3 year 6 month terms and all successive elections for those positions on the school board shall be for 4 year terms starting on January 1 following the election. The election in the year 2014 for the position on the school board whose term starts on July 1, 2014 shall be for 2 year 6 month terms and all successive elections for that position on the school board shall be for 4 year term starting on January 1 following the election.The election in the year 2015 for the position on the school board whose term ends in 2015 shall be for a 3 year 6 month term and all successive elections for that position on the school board shall be for 4 year terms starting on January 1 following the election.
Section 10. Amend §1071, Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
§1071. Applicability of this subchapter; definitions.
(a) This subchapter shall apply to any election conducted in any reorganized school district by the school board of such district or by the State Board of Education. This subchapter shall be in addition to Chapters 19, 20 and 21, and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapter 19, 20 or 21, Chapters 19, 20 and 21 shall govern.
(b) As used in this subchapter:
(1) "Department of Elections conducting the election" means the Department of Elections in the county in which the office of the superintendent of a public school district is located and which is responsible for conducting elections in accordance with Chapters 10, 19, 20 and 21 of this title for that school district, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the Department of Elections for Kent County and public school elections in the Woodbridge School District shall be conducted by the Department of Elections for Sussex County.
(2) "Election" shall include a referendum where applicable.
(3) "Public school election" means an election to elect 1 or more members to a board of education and any election conducted in accordance with Chapter 19, 20 or 21 of this title.
(4) "Reorganized school district" means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division.
(5) "School board" means the board of education of a reorganized school district.
(c)To the extent that any provision of this subchapter is inconsistent with any provision contained in Title 15, Title 15 shall govern.
Section 11. Amend §1072, Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§1072. Time; places; annual election of school board members; dates.
(a) School elections, for whatever
purposes pursuant to Chapter 19, 20, or 21 of this title or to determine
a consolidation, division or change of boundaries of a reorganized school district
, shall be held between the hours of 10:00 a.m. and 8:00 p.m. prevailing local
time during which time the polls shall remain open. School elections for the
election of school board members shall be held between the hours of 7 a.m. and
8 p.m. prevailing local time during which time the polls shall remain open.
(b) The Department of Elections conducting the election shall designate and procure the buildings within the district, including buildings not owned by the school district, which shall be used as polling places for any public school election. The suitability, convenience and accessibility of a polling place to voters of the school district must be given prime consideration in its selection. Whenever possible, such polling place shall be located in public buildings which shall include suitable schools, government buildings, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places. In the event that no public building is available in a conveniently located and readily accessible place, then the Department of Elections conducting the election may designate a suitable, conveniently located and readily accessible private business establishment.
(1) The reorganized school district for which an election is being conducted under this subchapter shall provide school district buildings designated as polling places and/or as election officer training sites by the Department of Elections conducting the election to that Department of Elections without charge for use or fee for custodial services.
(2) The Department of Elections conducting an election may establish one or more polling places for that election outside of the boundaries of the reorganized school district for which the election is being conducted as deemed necessary and proper by that Department of Elections.
(c) Elections for school board members
shall be held annually on the second Tuesday of May for school board
terms starting on July 1, 2013, July 1, 2014, and July 1, 2015; Elections
for all other school board members shall be held on the first Tuesday after the
first Monday in November except, that when only 1 person files for election
to a given vacancy the school board shall declare that person elected and shall
not open the polls for an election to fill that vacancy.
(d) All public school elections other than school board elections shall be held on the date set by the local school board of the school district in which such elections are to be held and in accordance with subsections (a) and (b) of this section.
(e) All school districts are requested to consider scheduling an in-service day for the second Tuesday in May if a school board election is being held in that school district on the second Tuesday of May.
Section 12. Amend §1073, Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
The Department of Elections conducting an election under the provisions of this title shall appoint an inspector, 2 election officers for every voting machine assigned to a polling place. Two of the aforesaid election officers shall be designated as judges and the remaining election officers shall be designated as clerks. The Department of Elections conducting the election may assign additional clerks to polling places as deemed necessary.
(1) The inspector shall be the person responsible for the set up, operation and closing of the polling place and make all decisions regarding the aforesaid except for questions regarding voter eligibility.
(2) The inspector and both judges shall by majority vote decide all questions of voter eligibility.
(3) To the extent any provision of this section as it relates to school board elections conflicts with Title 15, Title 15 shall govern.
Section 13. Amend §1075, Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
§1075. Filing of candidacy for school board member; withdrawal of candidacy.
(a) No later than 4:30 p.m. on the first Friday in March, candidates for election to a board of education for elections to be held on the second Tuesday of May of that year shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election. No later than 12 noon on the last Friday in July, candidates for election to a board of education for elections to be held on the first Tuesday after the first Monday in November of that year shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election.If the last day of filing is a legal holiday, the last day for a person to file shall then be the first business day next that is not a Saturday, Sunday or a legal holiday.
(b) In the event that there is only 1 candidate for the election of a school board member, the Department of Elections conducting the election shall declare the candidate elected, shall not hold an election for that seat, and shall issue a certificate of election to that candidate.
(c) A person may withdraw as a candidate by filing the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections conducting the election.
(1) If the withdrawal creates a circumstance where there is no contest for a school board seat and there are no other school board seats or questions on the ballot, the Department of Elections conducting the election shall cancel the election.
(2) If there are at least 2 remaining candidates for the office and/or there are other offices or questions on the ballot, the Department of Elections conducting the election shall, time permitting, make new ballots.
(3) If time does not permit to make new ballots, the Department of Elections conducting the election shall take such action as is possible to inform the voters at the polling place of the withdrawal.
(4) If there are 2 remaining candidates for the office and there are 7 or more days prior to the date of the election, the Department of Elections conducting the election shall mail new absentee ballots to all persons who had voted by absentee ballot or had not returned absentee ballots mailed to them. If the replacement ballots are not returned by the close of the polls on the day of the election, the earlier ballot shall be counted. Votes shall not be tallied for persons who have withdrawn their candidacy.
(5) Any votes cast for a person who has withdrawn as a candidate shall be considered null and void and shall not be tallied, canvassed or reported.
(d) The county Departments of Elections shall give notice of the deadline for filing as a candidate for a seat on a board of education by notices published in at least 1 newspaper with countywide circulation or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 3 weeks prior to the filing deadline. The last publication of the aforesaid notice shall be not more than 3 days before the filing deadline. Such notices shall plainly set forth the office or offices to be filled, the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy.
Section 14. Amend §1077, Title 14 of the Delaware Code by making insertions as shown by underlining as follows:
(a) Every citizen 18 years of age or over and a resident of the reorganized school district shall be eligible to vote at the school election other than school board elections in the reorganized school district in which that citizen resides, whether or not that citizen is at the time a registered voter for purposes of a general election.
(b)Every citizen 18 years of age or over, a resident of the reorganized school district, and a registered voter pursuant to Title 15 at an address within the reorganized school district shall be eligible to vote at the school board election in the reorganized school district in which the citizen resides.
Section 15. Amend §1083(b)(1), Title 14 of the Delaware Code by making insertions as by underlining and deletions as shown by strike through as follows:
(b) In case of a tie:
(1)
For the election of school board members, no later than the third Saturday in
June following the any May election and no later than the
third Saturday in December following any November election, another
election shall be held in accordance with this chapter to decide which of the
candidates so tied shall be elected school board member;
Section 16. Amend §3002, Title 15 of the Delaware Code by making insertions as shown by underlining as follows:
§3002. Unaffiliated candidates.
(a) No person shall qualify to appear on the general election ballot of this State as a candidate unaffiliated with a political party unless such person fulfills the requirements of this chapter and is so certified by the State Election Commissioner, if a statewide candidate, or the appropriate county department of elections, if not a statewide candidate.
(b) No individual shall be listed as an unaffiliated candidate on any general election ballot unless such individual shall have filed, on or before the close of the official business day on September 1 of the general election year, a sworn declaration with the State Election Commissioner, if a statewide candidate, or the appropriate county department of elections, if a nonstatewide candidate, stating that the nonstatewide candidate is an unaffiliated candidate and has not been affiliated with any political party for at least 3 months prior to the filing of the declaration, as required by this title, and shall have filed nominating petitions, as prescribed in this chapter, and signed by not less than 1 percent of the total number of voters registered, as of December 31 of the year immediately preceding the general election year in the State, or if a nonstatewide candidate, of those voters eligible to vote for that office which such individual seeks.
(c) The nominating petition shall contain such information and be on a form as prescribed by the State Election Commission. The following information shall, however, be contained in the petition:
(1) Name of the unaffiliated candidate and the office for which the candidate is filing;
(2) Signature, printed name, address at which registered, social security number and date on which signed by signer;
(3) A statement that the signer understands that by intentionally entering false information on the petition the signer may be subject to prosecution for perjury;
(4) A sworn notarized statement of the person circulating the petition that he or she witnessed the placing of each signature on the petition.
(d) Such petition shall be circulated and executed between January 1 and July 15 of the year in which the general election is held. Each registered voter signing shall do so upon a petition prepared for the county in which that registered voter is registered, and the petition shall be filed with the department of elections for the county in which the petitioners reside. The signatures and other information thereon shall be verified by the department receiving the petition.
(e) Signatures may be rejected for the following reasons:
(1) The signer was not a registered voter on the date the signer signed the petition;
(2) The signer's place of residence or the signer's social security number do not match those appearing in the permanent registration record;
(3) The signer did not list that signer's own social security number;
(4) It appears that the signature is a forgery;
(5) The signer's identity cannot be verified because the information and/or signature submitted is illegible, incomplete or obscured.
(f) Where a petition or a part thereof is rejected, the individual submitting same shall have the right to learn the reason or reasons for such rejection and an opportunity to examine the signatures rejected.
(g)The requirements of this section shall not apply to school board elections.
Section 17. Amend §4502, Title 15 of the Delaware Code by making insertions as shown by underlining as follows:
§4502. Form and designation of ballots.
(a) For each election, the party emblem adopted by each political party and its name shall appear on the ballot with the names of its candidates, arranged in line with the titles of the offices for which they are contesting, along with space for the voter to write in the name of any candidate of that voter's choice, as prescribed in §5005(b) of this title. In those years in which a President and Vice-President of the United States are to be elected the ballot shall be designated "Presidential, Vice-Presidential, State, County and District Ballot"; in other years the ballot shall be designated "State, County and District Ballot". The names of all candidates of any party shall be placed under the title and device of such party as designated in the certificate filed with the department of elections by such party's authorized agent or agents or, if none is designated, under some suitable title or device to be selected by the department of elections. When a President and Vice-President are to be elected, the names of the candidates for those offices shall be placed at the top of the list of candidates for all offices to be voted upon. The device named and chosen and the lists of candidates of the Democratic Party shall be placed in the first column on the left-hand side of the ballot, of the Republican Party in the second column, and of any other party, and the space for the voter to write in the name of any candidate of that voter's choice for any office, in such order as the department of elections shall decide. The names of unaffiliated candidates shall appear in alphabetical order, under the heading "Unaffiliated Candidates", after the listing of various political parties.
(b) All ballots for the same election shall be of uniform size, of the same quality and color of paper and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballots shall in general conform, as nearly as possible, to the sample ballot set forth in this section.
(c) The ballots prepared in accordance with this chapter shall conform as far as possible to the following design except that the write-in column may be placed on either side of the ballot.
OFFICIAL BALLOT
Presidential, Vice-Presidential, State,
County and District Ballot
PARTY PARTY PARTY
EMBLEM EMBLEM EMBLEM
WRITE IN
Name of Party Name of Party Name of Party
For President JOHN DOE JOHN DOE JOHN DOE
For JOHN DOE JOHN DOE JOHN DOE
Vice-President
For United JOHN DOE JOHN DOE JOHN DOE
States Senator
For JOHN DOE JOHN DOE JOHN DOE
Representative
in Congress
For Governor JOHN DOE JOHN DOE JOHN DOE
For Lieutenant JOHN DOE JOHN DOE JOHN DOE
Governor
(d) Absentee ballots may be laid out with candidate names under an office title. If this form is used, party logos shall not be used and the political party of each candidate shall be listed beside or below the name of each candidate. The candidates shall be listed in the order specified in subsection (a) of this section above. Except, that in a primary election the candidates shall be listed in alphabetic order and the political party shall be listed for each office.
(e) If the number of candidates, offices and/or parties to be listed on the ballot preclude the layout of a ballot as specified in this section, the Department of Elections shall obtain approval of the State Election Commissioner to lay out the ballot in a manner best suited to the number of candidates, offices and/or parties eligible to be placed on the ballot.
(f)Candidates for school board member of a school district shall be placed on the ballot.
Section 18. Amend §8004, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§8004. School boards and Ooffices
paying under $1,000.
(a) Notwithstanding anything provided
elsewhere in this chapter, no candidate for election to any school board or to
any other public office, other than a school board member, that
pays less than $1,000 per year shall be required to form a candidate committee
if that candidate signs under penalty of perjury a statement in a form prepared
by the Commissioner, certifying that such candidate does not intend nor expect
that the candidate's campaign will receive nor spend, from the date of the
first contribution or expenditure on behalf of such candidate's election until
the end of the year in which the election for such office is held, more than
$2,000. If, notwithstanding the execution of such a statement, such candidate's
campaign nevertheless receives more than $2,000 in contributions or expends
more than $2,000 (including any contributions or expenditures by the candidate)
before the end of the year in which the election for such office is held, the
candidate shall within 7 days thereafter, so notify the Commissioner, and shall
cause to be filed all reports that would otherwise have been required
theretofore under this chapter.
(b) No candidate who has filed the statement in subsection (a) of this section shall be required to file any reports with the Commissioner; provided, however, that if such candidate's campaign receives more than $2,000 in contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election for such office is held, such committee shall, within 7 days thereafter, so notify the Commissioner and shall file all reports that would otherwise have been required theretofore under this chapter.
Section 19. This bill shall become effective on January 20, 2013.
SYNOPSIS
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This bill will save the State of Delaware money by having school board elections on the date of the general election and it will increase the voter turnout for school board elections. Currently, school board elections are held on the second Tuesday of May and can occur in any year. The bill will: (1) set school board election to coincide with the general election; (2) align the terms of school board members so their terms expire during a general election year; (3) provide that only registered voters can vote in school board elections; (4) place school board member on the ballot during the general election; and (5) provide that campaign finance laws apply to school board elections. |
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