Governor Jack Markell today vetoed House Bill 251. The bill made changes to the Town Charter of the Town of Felton, including limiting residents’ ability to choose who represents them on their local Council.
“The bill goes too far as written, so I am vetoing it. Local residents should have the ability to choose who represents them in their local office. The citizens of Felton should choose at the ballot box who represents them on their Council,” Markell said.
House Bill No. 251 would have the effect of disqualifying a person for service on Town Council if a family member was nominated to run for that body. A person seeking office would therefore need to receive more than just the most votes to get elected - he or she would also need to secure the commitment of their family members not to disqualify them by simultaneously seeking Town office. The Governor believes allowing family members to use the nomination process to limit the electoral options of their fellow citizens would not be consistent with our State's democratic ideals. The Governor said those examples reinforced the principle that the eligible voters of Felton are the best persons to determine who represents them on Town Council.
The text of his veto message follows:
February 9, 2010
TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES
OF THE 145TH GENERAL ASSEMBLY:
Pursuant to Article III, Section 18 of the Delaware Constitution, and after careful consideration, I am vetoing House Bill No. 251 by returning it with my objections to the House of Representatives without my signature.
Section 1 of House Bill No. 251 provides as follows:
Any person otherwise eligible to be a member of Council shall not have a family member holding an elected office for the Town of Felton nor have a family member nominated for and/or appointed to an elected office in the Town of Felton. For purposes of this section ‘family member’ shall mean spouse, parent, child, sibling, half-sibling, grandparent or grandchild.
As described in the synopsis of the bill, Section 1 "amends the Town Charter of the Town of Felton to prohibit family members from serving on or running for the Town Council concurrently."
When a legislative body establishes restrictions on elected office, it ultimately limits the choices available to voters and restricts the ability of otherwise qualified persons to serve their community. Therefore, such restrictions should be targeted and reasonably related to the specialized demands of the particular office. Whether family members can suitably serve concurrently as members of the Town Council of Felton should not be predetermined by the General Assembly through additional restrictions on membership; it should be left to the eligible voters in Felton.
Furthermore, the language in Section 1 of House Bill No. 251 is overly broad in significant respects. For example, Section 1 also prohibits family members from serving successively on Town Council, as the language is not limited to prohibiting family members from serving concurrently. Thus, as written, the law would prohibit an otherwise qualified candidate from serving on Council if his or her family member currently serves on the Council, even if the currently serving Council member is not seeking re-election.
In addition, House Bill No. 251 would have the effect of disqualifying a person for service on Town Council merely through the nomination of a family member to that body. A person seeking office would therefore need to receive more than just the most votes, he or she would also need to secure the commitment of their family members not to disqualify them by simultaneously seeking Town office. Allowing family members to use the nomination process to limit the electoral options of their fellow citizens would not be consistent with our State's democratic ideals. These examples reinforce the principle that the eligible voters of Felton are the best persons to determine who represents them on Town Council.
Accordingly, I have concluded that vetoing the legislation is the only appropriate action.
Sincerely,
Jack A. Markell
Governor
Dover, Del. —
