2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1074. Notice of election.

§ 1074. Notice of election.
(a) The Department of Elections conducting a public school election for the purpose of electing members to a board of education shall give notice of such election by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. Such notices shall plainly set forth the office or offices to be filled, the date, the time and the place or places of the election. The Department shall also post the notices on its website for 21 days prior to the election.
(b) School districts shall give notice of elections conducted in accordance with Chapters 19, 20 and 21 of this title by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. For elections conducted under the provisions of Chapter 19 of this title, such notices shall plainly set forth the amount to be raised, the proposed rate of taxation, the purpose or purposes for the proposed additional taxes, the date, the time and the place or places of the election. For elections conducted under the provisions of Chapters 20 and 21 of this title, such notices shall plainly set forth the amount of the bonds proposed to be issued, the purposes and reasons for the bond issuance, the amount of each annual tax increase that would be imposed as a result of the proposed bond issuance, the application of any gifts or any other money on hand which are not required by law to be used for some other purpose to any major capital improvement project or project for which the bonds may be issued, and the date, time and place or places of the election. The school district shall also post the notices of elections conducted under the provisions of Chapters 19, 20 and 21 of this title on its website for 21 days prior to the election. The department conducting the elections shall also post the notice on its website for 21 days prior to the election.
(c) The notices to be placed on each school building as required by subsections (a) and (b) of this section shall be posted on or near the front door of each school building in the school district in which an election is being held at least 21 days prior to the date of the election. The notices shall remain posted until the day following the election.
(d) In the case of an election for consolidation or division of a reorganized school district or districts, as the case may be, or for the changing of the boundaries of a reorganized school district, the notice of the election shall be by the Department of Elections in accordance with this chapter.
(e) At least 40 days prior to the date of an election to be conducted under Chapter 19, 20 or 21 of this title, school districts shall provide to the Department of Elections conducting the election a certified copy of the notice required by subsection (b) of this section and an affidavit signed by the Superintendent of the school district that the notice complies with the provisions of subsection (b) of this section. The Department of Elections shall determine whether the notice contains the information required by subsection (b) of this section and shall promptly notify the school district of any omission in the notice. If, at least 30 days before the date of the election, the school district has failed to cure any omission, the Department of Elections shall be authorized to cancel the election and such cancellation, if any, shall be effective upon written notice to the superintendent of the school district.
14 Del. C. 1953, §  1074;  56 Del. Laws, c. 292, §  6;  59 Del. Laws, c. 507, §§  1, 2;  70 Del. Laws, c. 515, §§  26, 27;  74 Del. Laws, c. 122, §  16;  76 Del. Laws, c. 138, §  4;  77 Del. Laws, c. 226, §§  1- 4;