There are only a few cities in Delaware that have an initiative process for local ballot measures. This article sets out the
laws governing local ballot measures in Delaware. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
Types of local government
Delaware has four types of local government: County, City, Town, and Village. State Law gives no authority for initiative or referendum of any kind to any of these local government units. Any authority for initiative and referendum comes from the local charter of a city or town.
- There are three counties in Delaware: Kent County, New Castle County, and Sussex County. There is no provision for granting charters to counties in state law.
- Municipalities all have charters granted by the State Assembly, but have little control over them. By Title 22, §802 of the Delaware State Statutes, cities and towns with a population of greater than 1,000 can amend their charters to grant Home rule powers, including initiative and referendum.
- In addition, there are 259 special districts and 19 independent school districts.[1]
School districts
- See also: School bond and tax elections in Delaware
In Delaware, school districts are required to have elections to approve excess or reduced tax levies or to issue new bonding. Delaware is one of a handful of states that require school districts to seek approval from state government as part of the process of approving a bond issue. All bond issues must be approved by the Delaware Attorney General before an election is called by the respective school board. Delaware has the least restrictive requirements in the nation for conducting an election because there are no mandatory notice requirements. Also, Delaware considers all school finance elections as special elections. Delaware school districts can also ask the voters for an additional surtax of ten percent to cover delinquencies in addition to whatever tax increase they ask the voters for.
Initiative process availability
Counties do not have initiative or referendum powers. Municipalities that have a population greater than 1,000 people have the authority to amend their charters according to the State Statute cited below. Such cities and towns can amend their charters to reserve powers of initiative and referendum although not many have done so. Following is a list of the few that do have charters that mention initiative and referendum.[2]
- Delaware City has authority and procedures in its charter for ordinance initiative and referendum. Signatures numbering 25% of last election's voters are required.
- Newport has authority and procedures in its charter for ordinance initiative and referendum. Signatures numbering 50% of last election's voters are required.
- Cheswold has authority and procedures in its charter for referendum.
- Bethanybeach has provision in its charter for a voter signature initiative for an "opinion poll", but not for a binding ballot measure initiative.[3]
There are 51 other charter cities and towns in Delaware. The ones that have a population qualifying them to amend their charters include:
Arden, Ardencroft, Bellefonte, Elsmere, Middletown, New Castle, Nework, Odessa, Townsend, Wilmington, Bowers, Camden, Clayton, Dover, Felton, Frederica, Harrington, Houston, Kenton, Leipsic, Little Creek, Magnolia, Milford, Smyrna, Viola, Woodside, Wyoming, Bethal, Blades, Bridgeville, Dagsboro, and Delmar.
Authority
Constitution
There is no mention of Initiative and Referendum for either ordinances or charter amendments in the State Constitution.
Statutes
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| Authority for Charter Amendment | |
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Title 22: Municipalities
Ch. 8: Home Rule
Subchapter I. General Provisions
§ 802. Applicability of chapter; grant of power.
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Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, subject to the conditions and limitations imposed by this chapter, amend its charter so as to have and assume all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by statute. This grant of power does not include the power to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.[4]
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The Statutes also provide these restrictions:
Title 22: Municipalities
Ch. 8: Home Rule
Subchapter VI.: Limitations and Exceptions
§ 835. Amendments prohibited.
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(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.
(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.[4]
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Initiative process features
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| City Initiative Process | |
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Subject restrictions: The state wide initiative process can only be used to amend the charter through the petition for and selection by election of a seven-member amendment committee.
Signature requirements: In order to file a valid petition, the signatures of 10% of the qualified electors of the City must be gathered.
Circulation period: No mention of circulation period restrictions were found.
Circulator restrictions: No mention of circulator restrictions were found.
Notary requirement: No requirement was found.
Election procedure: After a successful and valid petition the process provides for an election whereby the 7 members of the comission are selected.
Majority required: Those receiving the highest number of votes are placed on the amendment committee.
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Initiative process in the top 10 most populated cities
None of the top ten most populous cities have amended their charters to include any mention of initiative and referendum powers. See the initiative process availability section of this page for a list of which cities in Delaware do have local initiative and referendum powers for other than state mandated charter amendment.
| List of Most Populated Cities in Delaware
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| City[5]
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Population
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City Type
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Next election
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| Wilmington |
71,305 |
Charter |
No I&R
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| Dover |
36,560 |
Charter |
No I&R
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| Newark |
31,618 |
Charter |
No I&R
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| Middleton |
18,995 |
Charter |
No I&R
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| Smyrna |
10,180 |
Charter |
No I&R
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| Milford |
9,709 |
Charter |
No I&R
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| Seaford |
7,036 |
Charter |
No I&R
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| George |
6,524 |
Charter |
No I&R
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| Elsmere |
6,172 |
Charter |
No I&R
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| New Castle |
5,320 |
Charter |
No I&R
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External links
References
