Reese v. Hartnett

Carey, Judge.

It is clear that Section 1 of Chapter 185, increasing the membership of the Bureau from three to eleven, is necessarily ineffective because of the unconstitutionality of Chapter 182. There is no eleven-member Board of Elections for New Castle County. The question for decision is whether Section 2 of Chapter 185 is likewise ineffective. If not, the nine members of the present *324Board now constitute the Bureau; if so, the old law is now in effect and the three persons appointed thereunder constitute the Bureau.

It will be observed that the present difficulty would not exist were it…