Delaware Code Title 9. Counties § 1141. Number and term

(a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members.  Six of these members shall be elected from council districts.  The seventh member shall be elected at large from New Castle County and shall serve as President of County Council.

(b) Notwithstanding any law to the contrary, except for the President of County Council, the terms of officials of the county governing body elected in the 1998 general election and any special election held after the 1998 general election but prior to the 2002 general election shall terminate on the first Wednesday in November following the 2002 general election.  Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2002 general election and any special election held following the 2002 general election to fill a vacancy in a seat elected in the 2002 general election shall terminate on the first Wednesday in November following the 2006 general election.  The President of County Council shall always be elected in the presidential election year.

(c) Notwithstanding any law to the contrary, following the 2002 general election, and to become effective with the 2004 general election and all subsequent elections, the County Council shall consist of 13 members.  Twelve of these members shall be elected from council districts.  The thirteenth member shall be elected at large from New Castle County and shall serve as the President of the County Council.

(d) Notwithstanding any law to the contrary, for the 2004 general election, the County Council shall reapportion the county into 12 council districts.  This reapportionment shall split each existing council district into 2 districts or as close thereto as is possible pursuant to the terms of § 1165 of this title.  This reapportionment shall further be conducted in the manner specified in § 1165 of this title using the 2000 United States Decennial Census.  This reapportionment shall be completed on or before January 1, 2004.  The 6 members elected in the 2002 general election shall continue to hold office, until their terms expire pursuant to subsection (b) of this section.  Six additional members shall be elected from the districts newly created pursuant to § 1165 of this title.  Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2004 general election and any special election held thereafter to fill a vacancy in a seat elected in the 2004 general election, shall terminate on the 1st Wednesday in November following the 2008 general election.

(e) An elected official shall take office on the first Wednesday in November following the general election.