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Committee considers ordinance to set special election date for annexation; Title 15 cited
Summary
Committee reviewed Ordinance 23-133 to establish a special election date for a City of Wilmington annexation; counsel said Title 15 requires a specific election process when multiple property owners are involved and that the Clerk of the Peace oversees the election.
The Finance Committee briefly considered Ordinance 23-133 on June 23 to establish a special election date for annexation of property into the City of Wilmington.
County counsel explained the ordinance relates to a separate council agenda item on annexation and that, if both measures pass, a special election would need to be held under Title 15 of the Delaware Code. Counsel said the special election must be conducted in the building and is overseen by the Clerk of the Peace, who works with the Department of Elections to determine voter eligibility.
Councilman Street asked why the special election was necessary; counsel responded that special elections under Title 15 are required when there is more than one owner of the property at issue — in this case there are four owners. The chair indicated the committee would take up the related council item first and then return to the ordinance briefed in committee.
No committee vote on the ordinance was recorded in committee minutes during the discussion; counsel framed the item as consistent with state statute and tied to the separate council consideration of annexation.
