DELAWARE CONSTITUTION
ARTICLE III
EXECUTIVE
Art. III §1 | GOVERNOR TO BE SUPREME EXECUTIVE
Art. III §2 | ELECTION OF GOVERNOR
Art. III §3 | ELECTION RETURNS, PUBLICATIONS; ELECTION BY GENERAL ASSEMBLY
Art. III §4 | CONTESTED ELECTIONS OF GOVERNOR OR LIEUTENANT-GOVERNOR
The Chief Justice, or, in case of his or her absence or disability, the Chancellor shall preside at the trial of any contested election of Governor or Lieutenant-Governor, and shall decide questions regarding the admissibility of evidence, and shall, upon request of the committee, pronounce his or her opinion upon other questions of law involved in the trial.
Art. III §5 | TERM OF OFFICE
Art. III §6 | QUALIFICATIONS
Art. III §7 | COMPENSATION
Art. III §8 | GOVERNOR AS COMMANDER-IN-CHIEF OF STATE ARMED FORCES
Art. III §9 | APPOINTING POWER; RECESS APPOINTMENTS; CONFIRMATION
He or she shall have power to fill all vacancies that may happen in elective offices, except in the offices of Lieutenant-Governor and members of the General Assembly, by granting Commissions which shall expire when their successors shall be duly qualified.
In case of vacancy in an elective office, except as aforesaid, a person shall be chosen to said office for the full term at the next general election, unless the vacancy shall happen within two months next before such election, in which case the election for said office shall be held at the second succeeding general election.
Unless herein otherwise provided, confirmation by the Senate of officers appointed by the Governor shall be required only where the salary, fees and emoluments of office shall exceed the sum of fifteen hundred dollars annually.
Art. III §10 | SECRETARY OF STATE; APPOINTMENT, TERM, DUTIES AND COMPENSATION
Art. III §11 | COUNTY OFFICERS; QUALIFICATIONS; MEMBERS OF CONGRESS, FEDERAL EMPLOYEES AND OTHER OFFICERS HOLDING DUAL OFFICE
No member of Congress, nor any person holding or exercising any office under the United States, except officers usually appointed by the courts of justice respectively and attorneys-at-law, shall at the same time hold or exercise any office of profit under this State, unless herein otherwise provided.
No person shall hold more than one of the following offices at the same time, to-wit: Secretary of State, Attorney-General, Insurance Commissioner, State Treasurer, Auditor of Accounts, Prothonotary, Clerk of the Peace, Register of Wills, Recorder, or Sheriff.
Art. III §12 | COMMISSIONS
Art. III §13 | REMOVAL OF OFFICERS BY GOVERNOR; PROCEDURE
Art. III §14 | REPORTS FROM EXECUTIVE DEPARTMENTS
Art. III §15 | MESSAGES TO GENERAL ASSEMBLY
Art. III §16 | SPECIAL SESSIONS OF GENERAL ASSEMBLY; ADJOURNMENT; SPECIAL SESSION OF SENATE
Art. III §17 | EXECUTION OF LAWS
Art. III §18 | APPROVAL OR VETO OF BILLS, ORDERS, RESOLUTIONS OR VOTES; REPASSAGE OVER VETO
(b) For purposes of return of Bills not approved by the Governor the General Assembly shall be considered to be continuously in Session until final adjournment and the Clerk of the House of Representatives and the Secretary of the Senate shall be deemed proper recipients of such returned bills during recess or adjournment of the General Assembly other than final adjournment.
(c) No bill shall become a law after the final adjournment of the General Assembly, unless approved by the Governor within thirty days after such adjournment. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills, over the Executive veto.
(d) Every order and resolution to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment and those matters dealing solely with the internal or administrative affairs of the General Assembly, shall be presented to the Governor, and before the same shall take effect be approved by him or her, or being disapproved by him or her, shall be repassed by three-fifths of all the members elected to each House of the General Assembly, according to the rules and limitations prescribed in the case of a bill.
Art. III §19 | LIEUTENANT-GOVERNOR; ELECTION, TERM AND QUALIFICATIONS; PRESIDENT OF THE SENATE; COMPENSATION
The Lieutenant-Governor, for his or her services as President of the Senate, shall receive the same compensation as the Speaker of the House of Representatives; the Lieutenant-Governor, for his or her services as a member of the Board of Pardons and for all other duties of the said office which may be provided by law, shall receive such compensation as shall be fixed by the General Assembly.
Art. III §20 | VACANCY IN OFFICES OF BOTH GOVERNOR AND LIEUTENANT-GOVERNOR; OFFICERS ELIGIBLE TO ACT; DISABILITY OF GOVERNOR
The foregoing provisions of this section shall apply only to such persons as are eligible to the office of Governor under this Constitution at the time the powers and duties of the office of Governor shall devolve upon them respectively.
Whenever the powers and duties of the office of Governor shall devolve upon the Lieutenant-Governor, Secretary of State, or Attorney-General, his or her office shall become vacant; and whenever the powers and duties of the office of Governor shall devolve upon the President pro tempore of the Senate, or the Speaker of the House of Representatives, his or her seat as a member of the General Assembly shall become vacant; and any such vacancy shall be filled as directed by this Constitution; provided, however, that such vacancy shall not be created in case either of the said persons shall be acting as Governor during a temporary disability of the Governor.
(b) Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his or her written declaration that he or she is unable to discharge the powers and duties of his or her office, and until he or she transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor.
(c) Whenever the Chief Justice of the Delaware Supreme Court, the President of the Medical Society of Delaware and the Director of the Division of Substance Abuse and Mental Health, acting unanimously, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives, their written declaration that the Governor is unable to discharge the powers and duties of his or her office because of mental or physical disability, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.
Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his or her written declaration that no disability exists, he or she shall resume the powers and duties of his or her office unless the Chief Justice of the Supreme Court of Delaware, the President of the Medical Society of Delaware and the Director of the Division of Substance Abuse and Mental Health, acting unanimously, transmit within five days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his or her office because of mental or physical disability. Thereupon the General Assembly shall decide the issue, assembling within seventy-two hours for that purpose if not then in session. If the General Assembly within ten days after receipt of the latter written declaration determines by two-thirds vote of all the members elected to each house that the Governor is unable to discharge the powers and duties of his or her office because of mental or physical disability, the Lieutenant Governor shall continue to discharge same as Acting Governor; otherwise, the Governor shall resume the powers and duties of his or her office.
Art. III §21 | ELECTION AND TERM OF OFFICE FOR CERTAIN STATE OFFICERS
Art. III §22 | ELECTION AND TERM OF OFFICE OF CERTAIN COUNTY OFFICERS; COMMISSION
Art. III §23 | PLACE OF OFFICE OF CERTAIN COUNTY OFFICERS
Art. III §24 | DATE OF COMMENCEMENT OF TERMS OF CERTAIN STATE AND COUNTY ELECTIVE OFFICERS
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