Millville

"A Beautiful Way of Life"

Elections

Title 15: Subchapter V Absentee Voting in Municipal Elections Except for City of Wilmington

STRUCTURE OF GOVERNMENT

Section 4.

The government of The Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in the Town Council. The Town Council shall be composed of five (5) members, each of whose terms shall be for a period of two (2) years, commencing at the Annual Meeting of the Town Council following his or her election and continuing until his or her successor is duly elected and qualified. One of the members of the Town Council shall be elected Mayor of the Town Council and upon his or her election shall have the title of Mayor of The Town of Millville and shall perform all duties prescribed herein to be performed by the Mayor of the Town of Millville.

QUALIFICATIONS FOR TOWN COUNCIL MEMBER

Section 5.

The qualifications for Town Council member at the time of his or her election shall be as follows:

A bona fide resident of the United States and of the State of Delaware, and a resident of The Town of Millville for at least ninety (90) days next preceding the Annual Municipal Election: and

At least twenty-one (21) years of age;

Each of the qualifications for Town Council member shall be continuing qualifications to hold office and the failure of any of the Town Council members to have any of the qualifications required by this Section during his or her term of office shall create a vacancy in that office.

METHOD OF MAKING NOMINATIONS FOR TOWN COUNCIL MEMBER

Section 6.

Each candidate for Town Council member shall be nominated as follows:

Each candidate shall notify the Mayor in writing of his or her candidacy for the office of Town Council member.

All such notifications of candidacy must be filed in the Town office during the regular business hours of the Town on or before the close of business on the first Friday in the month of February; and thereupon it shall be the duty of the Mayor to have a list of all candidates so filed with him printed in a newspaper of general circulation in the Town of Millville at least fifteen (15) days prior to the date of the said Annual Municipal Election next ensuing; and, in the discretion of the Town Council, the Secretary may post a list of names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Town Council. One of the said public places shall be in or outside the Town Hall of The Town of Millville.

In the event that the Mayor is unable to act because of illness, absence, or for any other reason whatsoever, the names of all candidates shall be filed with the Deputy Mayor of the Town Council who shall thereupon perform the duties required of the Mayor in Subsection (b) of this section.

The Town Council shall make arrangements for voting machines to be placed in the polling place prior to the time set forth in this Charter for the beginning of the Annual Municipal Election.

MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION

Section 7.

The procedure for holding the Annual Municipal Election shall be as follows:

The Annual Municipal Election shall be held at a place designated by the Town Council within the corporate limits of The Town of Millville on the First Saturday in March of each and every year from eleven o’clock in the morning, prevailing time, until three o’clock in the afternoon, prevailing time, the first said Annual Municipal Election to be held pursuant to this Charter to be held on the First Saturday in March, A.D. 2001.

The three present Commissioners elected or appointed to serve shall continue to serve as members of the Town Council of The Town of Millville for a term of one year until their successors are duly elected or appointed at the annual election held on the First Saturday in March, A.D. 2001. The Assessor and Treasurer elected or appointed to serve shall become members of the Town Council of the Town of Millville to complete a term of one year until their successors are duly elected or appointed at the annual election held on first Saturday in March, A.D. 2001. In the first annual election, to be held on the First Saturday in March, A.D. 2001, three Council members will be elected for terms of two years each and two Council members will be elected for terms of one year each. Thereafter, three Council members will be elected in odd numbered years and two in even numbered years.

The Annual Municipal election shall be conducted by a Board of Election consisting of an Inspector and two (2) Judges appointed by the Mayor of The Town of Millville with the concurrence of a majority of the members of the Town Council not later than the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, take reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said Annual Municipal Election to elect from among their own number a person to fill each vacancy and such Board of election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such Annual Municipal Election.

At such Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the said Annual Municipal Election and who shall be a bona fide resident of The Town of Millville shall have one (1) vote.

The Town Council may, by ordinance, provide for any qualified voter to cast an absentee ballot if such person is unable to appear and cast his or her ballot.

In the event that no person files or is nominated for office for which an election is to be held within the time set forth in Section 6 of this Charter, the incumbent shall be deemed to be reelected for a full term and it shall not be necessary to have an election.

In the event that only one person files or who is nominated for office for which an election is to be held within the time set forth in Section 6 of this Charter, the person who files or is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an election.