Delaware Code Title 14 Sec. 1072 – Time; places; annual election of school board members; dates
(a) School elections, for whatever purposes, must be held between the hours of 7:00 a.m. and 8:00 p.m. prevailing local time during which time the polls shall remain open.
Terms Used In Delaware Code Title 14 Sec. 1072
- 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. See Delaware Code Title 14 Sec. 1071
- Election: shall include a referendum where applicable. See Delaware Code Title 14 Sec. 1071
- 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. See Delaware Code Title 14 Sec. 1071
- Reorganized school district: means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division. See Delaware Code Title 14 Sec. 1071
- School board: means the board of education of a reorganized school district. See Delaware Code Title 14 Sec. 1071
(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; 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.
14 Del. C. 1953, § ?1072; 56 Del. Laws, c. 292, § ?6; 63 Del. Laws, c. 253, § ?1; 64 Del. Laws, c. 82, § ?1; 64 Del. Laws, c. 255, § ?1; 70 Del. Laws, c. 515, §§ ?23, 24; 74 Del. Laws, c. 122, § ?14; 74 Del. Laws, c. 334, §§ ?1-3; 81 Del. Laws, c. 326, § 1; 82 Del. Laws, c. 5, § 1;