Redistricting after census; committee procedures; implementation.
Wilmington City Code § 2-32
in effectSec. 2-32. - Redistricting after census; committee procedures; implementation.
(a) This section is enacted in order to establish procedures to fulfill the requirements of section 2-102 of the city charter, which sets forth the mandatory duty of the city council to redistrict the city into eight councilmanic districts within six months after the date of publication by the United States Census Bureau of the population of the city at each decennial census, so that each of the council districts shall contain as nearly as practicable a population derived by dividing the population of the city by a factor of eight. In formulating the redistricting plan, the city council's redistricting committee, comprised of the president of council and six members appointed by the president of council, shall convene, on or before July 1 following the official reporting of the 1990 Federal Decennial Census by the U.S. Census Bureau to the state, and on or before July 1, in every tenth year thereafter, in order to commence the redistricting process. The committee thereafter shall prepare and file with the city clerk a report containing a recommended plan for adjusting the councilmanic district boundaries of districts one through eight to comply with the following specifications:
(1) Each district shall contain contiguous territories; and
(2) Each district shall contain as nearly as possible the same number of persons with no aggregate diversion in population more than ten percent from the average population for all districts, the average to be obtained by dividing the number eight into the total population of the city according to that federal decennial census so published.
(b) The report of the committee, which may include a report of a minority of its members, shall include a map and a description of each of the councilmanic districts as recommended in a plan and shall be in the form of a proposed ordinance. As filed with the city clerk, the report in ordinance form may be introduced by any council member at the next immediate meeting of the council. The committee shall conduct at least one public hearing, to be duly advertised in a newspaper of general circulation in the city, about the report following the filing of the report and prior to enactment of a redistricting ordinance. Any such ordinance shall comply with the requirements of and be subject to the provisions of section 2-201 of the city charter. The redistricting ordinance shall be enacted on or before the end of the six-month period following the date of publication of the census, as provided in section 2-102 of the city charter.
(c) The committee shall designate staff to be responsible for obtaining necessary statistical information and to coordinate the redistricting process. In doing so, staff shall coordinate such efforts with the planning department and the city solicitor's office for statistical and legal assistance.
(1) The committee may engage such consultants as it deems necessary for technical or legal assistance in the redistricting process to the extent feasible and appropriate.
(2) The committee shall maintain complete records of the redistricting process. Its meetings and hearings shall be recorded and, if practicable, transcribed. All written reports, correspondence, exhibits, and work papers shall be carefully labeled, filed, and retained for reference when, as and if necessary.
(d) The committee shall obtain accurate maps of the city, the city council districts and census tracts as necessary. If deemed necessary, the committee shall obtain maps from the United States Bureau of Census depicting the bureau's geographic areas for the county and city political subdivisions.
(e) The committee shall obtain United States Bureau of Census Population Tabulations as provided for the census bureau geographic areas.
(f) The committee may prepare or cause to be prepared, graphic depictions of existing city council district boundaries on census bureau maps in order to determine the census geographic areas within each councilmember's district. If the population tabulations are available by election district, such graphic depiction of existing council districts may be done on a map of election districts instead of census geographic areas. Maps of the city council districts shall be used in conjunction with census maps to ensure accuracy in locating the boundaries of existing council districts.
(g) The committee shall prepare, or cause to be prepared, the tabulations of population statistics for the existing city council districts in order to determine the degree of disparity, if any, in population among the existing council districts and the racial and ethnic composition of each council district. The committee shall count incarcerated individuals for redistricting purposes in accordance with section 2-32.1 of this article.
(h) The committee shall review the results of the tabulations pursuant to subsection (g) of this section and, in its consideration of those tabulations in light of state and federal requirements concerning equality in population of districts, make a determination and recommendation whether redistricting is required. If redistricting is deemed necessary and is recommended, city council shall redistrict the city in accordance with state and federal law as applicable, and the requirements of the city charter.
(i) The committee shall schedule a public comment period of not less than seven calendar days, but not more than 15 calendar days during which the committee, in its determinations, may receive from citizens or nonprofit organizations such plans, reports and recommendations as they may wish to make available to the council. In reviewing such plans, the council may conduct hearings, make findings, and recommendations. In its consideration of any alternative plans, the council may reject such plans that are not prepared in accordance with the requirements of law regarding maps and appropriate statistical information.
(j) The committee may adopt such rules as it deems necessary for the conduct of its deliberations.
(k) The city council shall adopt a redistricting ordinance after the report of the redistricting committee has been filed with the city clerk, provided that, even if there has been more than one report prepared and more than one ordinance introduced, the council shall enact one redistricting ordinance prior to the expiration of six months from the date of publication of the decennial census. The redistricting ordinance shall then include the boundaries of districts one through eight until the next redistricting in accordance with the provisions of this section and the city charter.
(Ord. No. 91-040(sub 1), § 1(19-11.1), 6-20-91; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 21-050, § 1, 11-18-21)
Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTIICICO_S2-32REAFCECOPRIMFetched: 11/6/2026