Spencer v. Smyrna Board of Education

547 A.2d 614, 1988 Del. Super. LEXIS 537
CourtSuperior Court of Delaware
DecidedApril 29, 1988
StatusPublished
Cited by4 cases

This text of 547 A.2d 614 (Spencer v. Smyrna Board of Education) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spencer v. Smyrna Board of Education, 547 A.2d 614, 1988 Del. Super. LEXIS 537 (Del. Ct. App. 1988).

Opinion

OPINION

RIDGELY, Judge.

In this proceeding, plaintiffs request this Court to declare void a special election conducted by the Smyrna Board of Education (“Smyrna Board”) on April 12, 1988. In that election, voters were given the opportunity to vote on two issues: (1) for or against the transfer of funds from a capital-improvement account to a current-operating-expenses account; and (2) for or against the levy and collection of additional school taxes. Plaintiffs’ amended complaint attacks the validity of the referendum only on the second issue. This amended complaint was filed after the Court permitted a complete inspection of all election records which were impounded by the Court upon the filing of plaintiffs’ original complaint on April 22, 1988. The defendants Smyrna Board and its members have moved for summary judgment pursuant to Superior Court Civil Rule 56.

I.

Before addressing the merits of the motion for summary judgment, the jurisdiction of this Court in this declaratory action requires discussion. See Hampson v. State, Del.Supr., 233 A.2d 155 (1967). With regard to subject matter jurisdiction, the Declaratory Judgment Act, 10 Del.C. §§ 6501-6513, (“Act”) does not increase or alter the jurisdiction of any court, nor does the Act alter the jurisdictional relationship between the Superior Court and the Court of Chancery. Heathergreen Commons Condominium Association v. Paul, Del. Ch., 503 A.2d 636, 642 (1985). Rather, for the Superior Court to have jurisdiction over this declaratory action, there must be some jurisdictional basis other than the Act. Id.

The parties have not referred the Court to any statutory right of review of this election in this Court, and I have found no such avenue within Chapters 1,10, or 19 of Title 14. However, under the common [616]*616law of Delaware, this Court has the power to review quasi-judicial functions of a school board by way of the common law writ of certiorari. Compare Lammot v. Walz, Del.Super., 107 A.2d 905 (1954); Rash v. Allen, Del.Super., 76 A. 370 (1910).

When the Superior Court acts as a Board of Canvass pursuant to 15 DelC. § 5701, the Court exercises quasi-judicial powers. State ex rel. Mitchell v. Wolcott, Del.Supr., 83 A.2d 762 (1951). Similarly, the officers holding the school-tax referendum election under 14 Del.C. § 1903 were acting in a quasi-judicial manner in certifying and declaring the result of the election pursuant to 14 Del. C. § 1909. This Court, therefore, has the power to review by certiorari the Smyrna Board’s certification and declaration of the tax referendum result. 29 C.J. S. Elections § 237(5) at 666 (1965). The complaint will, therefore, be deemed a petition for writ of certiorari. Semick v. Department of Correction, Del.Supr., 477 A.2d 707 (1984).

On such a petition, this Court’s function is limited to a review of the record of the proceedings below to ascertain the regularity thereof, Shoemaker v. State, Del.Supr., 375 A.2d 431 (1977), and to a determination whether the quasi-judicial body acted without or in excess of its jurisdiction or without compliance with requirements of the law. Campbell v. State, Del.Super., C.A. No. 85A-DE-2, Bifferato, J. (July 18,1986), [available on WESTLAW, 1986 WL 8178], aff'd, Del.Supr., 520 A.2d 669 (1987), citing 1 Wooley on Delaware Practice, § 894, p. 623. Furthermore, on certiorari, this Court can review only such errors as appear on the face of the record; this Court is not to weigh evidence or try the case on the merits. Citizens’ Hose Company No. 1, Inc. v. In the Matter of a Decision by the State Fire Prevention Commission, Del.Super., C.A. No. 84A-FE-2, Ridgely, J. (July 9, 1985).

In the context of a local school board tax election:

[M]inor irregularities in the conduct of an election unaccompanied by fraud or unfair dealing, and not affecting the result, will not void an election otherwise valid.

Brennan v. Black, Del.Supr., 104 A.2d 777, 789 (1954) (citations omitted) (emphasis added). Therefore, in order for the defendants to prevail in their motion for summary judgment, they must demonstrate that there was no illegality or irregularity in the elective process which affected the results of the election.

II.

Three elementary schools were selected as places where qualified voters could cast their ballots: Smyrna Elementary School, North Elementary School, and Clayton Elementary School. When voters arrived, they were given an oath form which they were to sign before receiving a ballot. The ballot given to the voter contained the following relevant language on the second issue:

ITEM 2: The new tax rate for Current Operating Expense in Kent County will be 57.5c per $100 assessed value and in New Castle County will be 34.5c per $100 assessed value.
FOR ADDITIONAL TAX □
AGAINST ADDITIONAL TAX □

After the polling places closed, the election officials tabulated the results. When reviewing the ballots, the officers noted there were several “irregular” ballots. After reviewing the irregular ballots, 60 ballots were deemed void. After these ballots were separated, the officers certified that the votes for the tax increase had won the election by seven votes — 1,450-1,443. In their certification, the officers noted the total number of ballots cast as 2,953 (1,450 + 1,443 + 60).

Pursuant to 14 Del. C. § 1910, a recount was requested, and, on April 14, 1988, a special public meeting was held. The meeting was called to order at 4:10 p.m. and adjourned at approximately 1:20 a.m. on the following day, with several members of the Smyrna community in attendance. First to be addressed was the procedure implemented by the election officials in tabulating their results. Of particular concern [617]*617in this matter was the criteria used in voiding the 60 ballots. Other matters addressed to the election officials and Smyrna Board included voters’ concerns about the lack of instructions on the ballot and the possibility of voting at more than one school.

The election officials/Smyrna Board next considered suggestions regarding how to interpret the questionable ballots. The questionable ballots can be divided into two categories: (a) those ballots with both boxes checked or with neither box checked; and (b) those ballots with “yes” and/or “no” written inside the box. A deputy attorney general who was present offered her suggestion for interpreting the questionable ballots with the following ballots being declared invalid:

1. Those ballots containing two blank boxes;
2. Those ballots with a mark in the two boxes;
3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Delta Eta Corporation v. City of Newark
Court of Chancery of Delaware, 2023
Young v. Red Clay Consolidated School District
159 A.3d 713 (Court of Chancery of Delaware, 2017)
Burris v. Cross
583 A.2d 1364 (Superior Court of Delaware, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
547 A.2d 614, 1988 Del. Super. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-smyrna-board-of-education-delsuperct-1988.