DelawareHB 436153rd General Assembly (2024–2026)HouseWALLET

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

Sponsored By: William J. Carson (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 1 costs, 5 mixed.

Smyrna can charge school development fees

Smyrna can charge a school impact fee on new development, construction, or first occupancy to help pay public-school operating costs. The fee cannot exceed the applicable Kent County or New Castle County rate for comparable development in unincorporated areas. The law sets no dollar amount and does not require Smyrna to charge the fee. Developers can pass these costs to homebuyers or renters. Smyrna keeps its existing fee powers for public improvements and volunteer fire and paramedic services.

Smyrna audits have a later deadline

The Council must hire a certified public accountant to audit Town accounts and officers' accounts holding Town money. The prior fiscal year's audit is due August 31 instead of June 30. The Council can extend that deadline for reasonable cause, and the auditor has full access to Town records and accounts. The Town must publish notice in a general-circulation newspaper within 10 days after the Council receives the audit report.

Smyrna clarifies voter and candidate eligibility

Smyrna voters must be U.S. citizens, at least 18, and continuously domiciled in Town for at least 30 days. They must meet Delaware's voting eligibility rules and show proof of identity and address. Voters and candidates must physically live in Town for the required time and intend to keep a permanent home there. Customary, reasonable absences do not count against them; qualifying government or military service away preserves domicile when that intent continues. Unresolved voter questions go to the Board of Elections with notice and a chance to be heard. Questions raised while voting go to the Board or its designated Election Officers. The Town Manager must refer suspected candidate ineligibility to the Board, which keeps candidates it finds unqualified off the ballot.

Smyrna Council gets flexible meeting dates

Smyrna's Council must hold at least one regular public meeting each month, replacing the first-and-third-Monday schedule. At its annual organizational meeting, the Council sets regular meeting dates, times, and places. It can reschedule or cancel meetings as needed, while still meeting the monthly requirement.

Smyrna council members can seek mayor

A Smyrna council member whose term continues past the next Town election can run for mayor without resigning first. If elected mayor, the member's council seat becomes vacant upon taking office. A special election fills the seat when more than one year remains in its term. When one year or less remains, the Council appoints a qualified person for the rest of the term.

Smyrna election board gains stronger powers

The Council appoints five qualified Smyrna voters to the Board of Elections for staggered three-year terms. Appointments take effect at the Council's second February meeting; member names and contact information must be publicly disclosed as required. Town officials, candidates, their spouses, and other specified immediate family members cannot serve. The Board has final authority over Town elections and vote legality, maintains voter lists, and can compel relevant testimony and records. It appoints election officers and oversees absentee ballots, using an odd number of absentee judges if appointed; Council members may serve as judges. Board members cover absent election officers, with one serving as inspector; the ranking Town officer can appoint voters as election-day Board replacements. Tied elections are settled by a coin toss instead of casting lots.

Sponsors & Cosponsors

Sponsor

William J. Carson
Democratic • House

Cosponsors

Kyra L. Hoffner
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 59 • No: 1

Senate vote • 6/23/2026

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 6/11/2026

Passed (3/4 required)

Yes: 38 • No: 1

Actions Timeline

Signed by Governor
9/30/2026Governor
Passed By Senate. Votes: 21 YES
6/23/2026Senate
Reported Out of Committee (Elections & Government Affairs) in Senate with 4 On Its Merits
6/18/2026Senate
Assigned to Elections & Government Affairs Committee in Senate
6/11/2026Senate
Passed By House. Votes: 38 YES 1 NO 2 ABSENT
6/11/2026House
Reported Out of Committee (Administration) in House with 1 Favorable, 3 On Its Merits
6/10/2026House
Introduced and Assigned to Administration Committee in House
5/21/2026House

Bill Text

Current
5/21/2026
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