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Delaware Statutes § 201A Transfers and continuity

⤴ Up to Chapter 2: Department of Elections

Statute Text

(a) All books, records, papers, and other materials and equipment in the possession of any county department of elections required to be maintained or preserved under existing law, regulation, or policy shall be delivered into the custody of the State Department of Elections by no later than July 1, 2015. For purposes of this section, the term "county department of elections" shall include the board of elections for such county.
(b) Any duty, responsibility, action, or other activity (including without limitation any investigation, petition, hearing, or other legal proceeding) pending before or instituted by any county department of elections and not concluded prior to July 1, 2015, shall continue unabated and remain in full force and effect, and, where necessary, may be completed before, by, or in the name of the Department. All orders, rules, and regulations made by any county department of elections that are in effect on July 1, 2015 shall remain in full force and effect until revoked or modified by the Department in accordance with applicable law. All contracts and obligations of any county department of elections that are in force on July 1, 2015, shall remain in full force and effect and unless revoked, modified, or terminated by the Department in accordance with applicable law.
(c) Employees of any county department of elections whose functions are consistent with and have been transferred to the Department by this chapter shall continue and be deemed to be the employees of the Department on July 1, 2015, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2015.
(d) All definitions and references to any commission, board, department, council or agency which appear in any other act or law, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring and relating to the Department as created and established by this chapter.
(e) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent they are consistent with this title and in connection with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

History

Added by Laws 2013 , ch. 275 , s 3 , eff. 6/26/2014 .

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