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HB 436 DE
Passed Legislature

AN ACT TO AMEND THE TOWN CHARTER OF THE TOWN OF SMYRNA.

DE · session 153 · Assembly / House · bill

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Introduced May 21, 2026

Latest action (Jun 23, 2026) Passed By Senate. Votes: 21 YES

Summary

This act amends the Town of Smyrna Charter to make several administrative and governance changes. It authorizes the town to impose school impact fees on new development, transfers candidate qualification challenges from Town Council to the Board of Elections, and clarifies procedures for filling council vacancies and voter domicile standards. The act establishes a 3-year term for the Board of Elections and allows Town Council to set its own meeting schedule rather than requiring specific meeting dates. It also extends the annual audit deadline from June 30 to August 31.

AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.

Official abstract

This Act amends the Town of Smyrna Charter as follows: (1) Authorizes the Town to impose school impact fees on new development and construction as long as the impact fees do not exceed the impact fee that would otherwise be imposed by Kent County or New Castle County on development in unincorporated areas. (2) Authorizes the Board of Elections, and not the Town Council, to hear and decide challenges that are raised to the qualifications of candidates for the office of mayor and council. (3) Specifies that a vacancy in a council seat caused by the council member being elected as mayor is to be filled by the Town Council if less than a year is left on the term or by a special election if more than 1 year is left on the term. (4) Clarifies the standards to be used when determining the domicile of a prospective voter or candidate for office. (5) Establishes a 3-year term of office for the Board of Elections and clarifies that a tie vote for an office shall be resolved by the toss of a coin. (6) Eliminates the requirement that the Town Council meet the first and third Monday of each month and authorizes the Town Council to determine the day and frequency of monthly meetings at the annual organizational meeting. (7) Revises the annual audit deadline from June 30 to August 31.

Sponsors (2)

Action history (6)

  1. May 21, 2026 Introduced and Assigned to Administration Committee in House · lower
  2. Jun 10, 2026 Reported Out of Committee (Administration) in House with 1 Favorable, 3 On Its Merits · lower
  3. Jun 11, 2026 Passed By House. Votes: 38 YES 1 NO 2 ABSENT · lower
  4. Jun 11, 2026 Assigned to Elections & Government Affairs Committee in Senate · upper
  5. Jun 18, 2026 Reported Out of Committee (Elections & Government Affairs) in Senate with 4 On Its Merits · upper
  6. Jun 23, 2026 Passed By Senate. Votes: 21 YES · upper

Full text

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