Laws governing local ballot measures in Delaware
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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
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of three counties, 57 cities, towns, and villages, and 255 special districts.[1]
School districts
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 those with 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 the last election's voters are required.
- Newport has authority and procedures in its charter for ordinance initiative and referendum. Signatures numbering 50% of the 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 with a population qualifying them to amend their charters as of 2012 included: 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.[2]
Authority
Ballot Law Portal |
Laws Governing Ballot Measures |
Constitution
There is no mention of Initiative and Referendum for either ordinances or charter amendments in the State Constitution.
Statutes
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Initiative process features
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A guide to local ballot initiatives | |
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Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
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.
External links
- Delaware research page
- Charter Municipalities in Delaware
- Types and numbers for City Initiative and Referendum Research Spreadsheet
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ 2.0 2.1 Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ Ballotpedia, "Charter Municipalities in Delaware," August 28, 2012
- ↑ 4.0 4.1 Delaware State Statutes, Title 22
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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