Delaware Code Title 22 Sec. 835 – Amendments prohibited
(a) This chapter shall not permit the amending of a municipal charter so as to:
(1) Permit the changing of any term of any elected official until the incumbent has completed the term to which the incumbent was elected;
(2) Permit any charter amendment in contravention of any general statute of this State;
(3) Change the qualifications of those entitled to vote at municipal elections;
(4) Change the date for holding of municipal elections;
(5) Enlarge or otherwise alter the power or procedure whereby a municipal corporation may enlarge its boundaries;
(6) Prohibit, restrict or license ownership, transfer, possession or transportation of firearms or components of firearms or ammunition, except that the discharge of a firearm may be regulated; provided that any regulation or ordinance incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate existing municipal ordinances.
Terms Used In Delaware Code Title 22 Sec. 835
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Municipal corporation: includes all cities, towns and villages created before or after December 28, 1961, under any general or special law of this State for general governmental purposes which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a set of elected and other officials. See Delaware Code Title 22 Sec. 801
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Statute: A law passed by a legislature.
(b) No municipal corporation charter which permits nonresident persons to vote in any municipal election or to hold any municipal office shall be amended, pursuant to this chapter, so as to eliminate or limit the right of nonresident persons to vote or hold office, nor shall the percentage of nonresident officials allowed or required be changed.
(c) No municipal corporation charter which provides a method of appeal to the Superior Court for any matter shall be amended, pursuant to this chapter, so as to eliminate or restrict any such appeal.
22 Del. C. 1953, § ?835; 53 Del. Laws, c. 260; 65 Del. Laws, c. 133, § ?1; 70 Del. Laws, c. 186, § ?1;