Smyrna charter permits school fees and sets election rules

Smyrna may charge fees on new development or construction, or when new construction is first occupied. The fees apply to new development or construction, or first-time occupancy of new construction in Smyrna. Fees may help pay public school operating costs. The rate cannot exceed the rate Kent or New Castle County would charge for development in unincorporated areas.

The Board of Elections decides challenges to candidates' qualifications and questions about voter eligibility. These rules cover candidates for mayor or Town Council and people seeking to vote in Smyrna elections. A candidate may appear and testify at a hearing. If the Board finds the candidate unqualified, the candidate's name does not appear on the ballot. Voters must meet the listed citizenship, age, residence, and other requirements. A person serving away from Smyrna in qualifying government or military service may still count as a town resident if Smyrna remains their intended permanent home. The candidate qualification meeting must be held at least 21 days before the election.

The Town Council appoints a five-member Board of Elections for three-year terms to supervise town elections. These rules apply to the Board members who supervise Smyrna town elections. Board members must be qualified town voters and cannot be elected town officials, candidates, or their immediate family members. If a Board member is unavailable on election day, the ranking available Town officer appoints a qualified voter to fill the vacancy through the election. The Board decides election ties by a coin toss. The Town Council appoints Board members at least 20 days before an election.

An eligible Town Council member may run for mayor without giving up their council seat; if elected mayor, the member's seat becomes vacant upon taking office. This applies to a council member whose term is not expiring at the next town election. If more than one year remains in the council term, a special election is held as soon as practicable. If one year or less remains, the Council appoints a qualified person for the rest of the term. The council seat becomes vacant when the member takes office as mayor.

The Council sets its regular meeting schedule each year and must hold at least one regular meeting each month; the town auditor delivers an annual report by August 31. These provisions cover Smyrna Town Council meetings and the annual audit of town accounts. The Council may reschedule or cancel meetings during the year as needed. The Council may extend the auditor's deadline beyond August 31 for reasonable cause, if the auditor makes a written request. The auditor reports on the previous fiscal year's accounts by August 31 each year.