§ 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.

Legislative History

14 Del. C. 1953, § 1071; 56 Del. Laws, c. 292, § 6 ; 74 Del. Laws, c. 122, § 13