Delaware Code
Subchapter I. General Provisions
§ 4106. Redistricting procedures.

(a) Whenever a changing of the boundaries of the Levy Court Districts is required by § 4105 of this title, the Levy Court shall, within 60 days after the official reporting of the federal decennial census by the President to Congress, appoint 7 electors of the County who shall comprise a Redistricting Commission. The members of the Redistricting Commission shall be appointed by the Levy Court, 1 from each of the Levy Court Districts of the County, and shall not be employed by the County in any other capacity. No more than 4 of the members shall be affiliated with the same political party.
(b) Within 90 days of being appointed, the Redistricting Commission shall file with the President of the Levy Court, or the President's designee, a report containing a recommended plan for adjusting the Levy Court District boundaries of Districts 1 through 6 to comply with the following specifications:

(1) Each District shall contain contiguous territory;
(2) Each District shall contain as nearly as possible the same number of inhabitants and no District shall deviate in population more than 15% from the average population for the 6 Districts, the average to be obtained by dividing the number 6 into the total population of the County according to the most recent decennial census.
The 7th District shall constitute all of Kent County.
(c) The report of the Redistricting Commission shall include a map and a written description of the Levy Court Districts recommended and shall be in the form of a proposed ordinance. Once filed with the President of the Levy Court, or the President's designee, the report shall be treated as an ordinance introduced by a member of the Levy Court.
(d) The procedure for the Levy Court's consideration of the report shall be the same as for other ordinances, and the Levy Court is empowered to modify the recommended plan subject, however, to the standards set forth in subsection (b) of this section.
(e) The Levy Court shall adopt a redistricting ordinance within 60 days after the report of the Redistricting Commission has been filed with the President of the Levy Court or the President's designee. If a redistricting ordinance has not been adopted by the Levy Court within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the Redistricting Commission shall become effective as if it had been adopted by the Court.
(f) The Levy Court is authorized to make those adjustments to the new Levy Court boundaries approved by enactment of County Ordinance No. 91-07 which have been identified by the Kent County Department of Elections as being necessary to bring their boundaries into harmony with new House and Senate District boundaries; provided, however, that no change shall be made which would have the effect of moving the total population of any Levy Court District above or below its legally required maximum or minimum population.

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