HB 436 Delaware House · 153rd General Assembly (2025-2026)

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

Summary
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.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced May 21, 2026 Last action Jun 23, 2026
Floor votes · Senate Jun 23, 2026 · House Jun 11, 2026

How they voted

210
Passed
Total votes 21
Jun 23, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
4
Committee
2
Jun 23, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
Jun 18, 2026
Upper · Passed
Reported Out of Committee (Elections & Government Affairs) in Senate with 4 On Its Merits
upper
Jun 11, 2026
Introduced
Assigned to Elections & Government Affairs Committee in Senate
upper
Jun 11, 2026
Lower · Passed
Passed By House. Votes: 38 YES 1 NO 2 ABSENT
lower
Jun 10, 2026
Lower · Passed
Reported Out of Committee (Administration) in House with 1 Favorable, 3 On Its Merits
lower
May 21, 2026
Introduced
Introduced and Assigned to Administration Committee in House
lower
2 primary · 0 co-sponsors

Sponsors