Delaware Code
Subchapter I. General Provisions
§ 4103. Election, qualifications and term of officials of the county governing body.

(a) In Kent County, the governing body shall consist of 7 elected officials, 1 from each of the Representative Districts as were in effect at the election of 1980, with certain minor changes in the lines so as to comply with the 1 man 1 vote requirement, as described in § 4102(b) of this title, together with 1 elected official from the County as a whole. Each such official must be a resident of the Levy Court District from which such official is elected, and must have been such for at least 1 year before such official is elected, be a citizen of the United States, be a qualified elector of the County and be elected by the qualified voters of the District. The term of office shall be for 4 years. The Levy Court commissioners elected in the election of 1980 from the old 30th, 31st and 34th Representative Districts, now the First, Third and Fifth Levy Court Districts, shall continue to serve out the unexpired portion of their terms and shall represent the 1st, 3rd and 5th Levy Court Districts until the first Tuesday in January, 1985. Levy Court commissioners for the old 32nd, 33rd and 35th Representative Districts, now the Second, Fourth and Sixth Levy Court Districts, together with the Levy Court commissioner for the County as a whole, shall be elected for 4-year terms at the election in 1982. At each subsequent election, the Levy Court commissioners elected shall serve for a 4-year term.
(b) In the event that a primary election is necessary in any Levy Court District, only the qualified voters of the said Levy Court District in which such primary election is held, shall be eligible to vote in said primary.
(c) The office of an elected official shall become vacant upon the elected official's death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The elected official's office will be forfeited if at any time during the elected official's term of office the elected official:

(1) Lacks any qualification for the office prescribed by this chapter or other law of the State, including residence in the district from which the elected official was elected;
(2) Violates any express prohibition of this title; or
(3) Is convicted of a crime involving moral turpitude.
(d) If the office of an elected official becomes vacant, a temporary official shall be appointed by the majority vote of the remaining body of elected officials until the special election provided for in § 303 of this title shall have been completed. The special election shall be held within 6 months of the occurring of the vacancy. The county government shall prescribe by ordinance the procedures for the special election, which procedures shall not be inconsistent with the provisions of Title 15. The Kent County Chairperson of each political party that had State ballot status at the preceding general election, or, if there is no Kent County Chairperson, the State Chairperson of that political party, shall without primary, be eligible to file with the Kent County Department of Elections the name of 1 eligible candidate for the vacant office. The President of the county government shall issue a Writ of Election to the Kent County Department of Elections, which shall conduct the special election in accordance with the county ordinance.

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