Delaware Constitution
Introduction
PREAMBLE
Bill of Rights
Art. I §1 | FREEDOM OF RELIGION
Art. I §2 | RELIGIOUS TEST FOR OFFICE NOT REQUIRED
Art. I §3 | FREE AND EQUAL ELECTIONS
Art. I §4 | TRIAL BY JURY
Art. I §5 | FREEDOM OF PRESS AND SPEECH; EVIDENCE IN LIBEL PROSECUTIONS; JURY QUESTIONS
Art. I §6 | SEARCHES AND SEIZURES
Art. I §7 | PROCEDURAL RIGHTS IN CRIMINAL PROSECUTIONS; JURY TRIAL; SELF-INCRIMINATION; DEPRIVATION OF LIFE, LIBERTY OR PROPERTY
Art. I §8 | PROSECUTION BY INDICTMENT OR INFORMATION; DOUBLE JEOPARDY; JUST COMPENSATION FOR PROPERTY
Art. I §9 | COURTS SHALL BE OPEN; REMEDY FOR INJURY; SUITS AGAINST STATE
Art. I §10 | SUSPENSION OF LAWS BY GENERAL ASSEMBLY
Art. I §11 | EXCESSIVE BAIL OR FINES; CRUEL PUNISHMENTS; HEALTH OF PRISONERS
Art. I §12 | RIGHT TO BAIL; ACCESS TO ACCUSED
Art. I §13 | SUSPENSION OF HABEAS CORPUS
Art. I §14 | COMMISSION OF OYER AND TERMINER, OR JAIL DELIVERY
Art. I §15 | CORRUPTION OF BLOOD; FORFEITURE; DESCENT OF SUICIDE’S ESTATE
Art. I §16 | RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES
Art. I §17 | STANDING ARMY; NECESSITY FOR LEGISLATIVE CONSENT; SUBORDINATION OF MILITARY
Art. I §18 | PROHIBITION AGAINST QUARTERING SOLDIERS IN HOMES
Art. I §19 | HEREDITARY DISTINCTIONS; HOLDING OFFICE DURING GOOD BEHAVIOR; OFFICES AND TITLES FROM FOREIGN STATES
Art. I §20 | RIGHT TO KEEP AND BEAR ARMS
Art. I §21 | EQUAL RIGHTS
Legislature
Art. II §1 | GENERAL ASSEMBLY TO HOLD LEGISLATIVE POWER; COMPOSITION
Art. II §2 | COMPOSITION OF HOUSE AND SENATE; TERMS OF OFFICE; DISTRICTS; ELECTION
| Number One. | All that portion of the City of Wilmington included within the Second and Fourth Wards, and those parts of the Sixth and Eighth Wards, respectively, lying south of and bounded by the central line of Eighth street. |
| Number Two. | All that portion of the said city included within the Ninth Ward, and those parts of the Sixth and Eighth Wards, respectively, lying north of and bounded by the central line of Eighth street. |
| Number Three. | All that portion of the said city included within the Seventh Ward, and that part of the Fifth Ward lying north of and bounded by a straight line including the central line of Eighth street. |
| Number Four. | All that portion of the said city included within the First and Third Wards, and that part of the Fifth Ward lying south of and bounded by the central line of Eighth street, east of and bounded by the central line of Adams street, and west of and bounded by the central line of Market street. |
| Number Five. | All that portion of the said city included within the Tenth, Eleventh and Twelfth Wards, and that part of the Fifth Ward lying south of and bounded by a straight line including the central line of Eighth street, west of and bounded by the central line of Adams street, and bounded on the west by the westerly boundary line of the said city. |
| Number Six. | Brandywine Hundred. |
| Number Seven. | Christiana Hundred. |
| Number Eight. | Mill Creek Hundred. |
| Number Nine. | White Clay Creek Hundred. |
| Number Ten. | New Castle Hundred. |
| Number Eleven. | Pencader Hundred. |
| Number Twelve. | Red Lion Hundred. |
| Number Thirteen. | St. Georges Hundred. |
| Number Fourteen. | Appoquinimink Hundred. |
| Number Fifteen. | Blackbird Hundred. |
| Number One. | Duck Creek Hundred. |
| Number Two. | Little Creek Hundred and the first Election District of East Dover Hundred. |
| Number Three. | Kenton Hundred. |
| Number Four. | West Dover Hundred and all that portion of East Dover Hundred lying next to West Dover Hundred and separate from the rest of East Dover Hundred by the following boundary lines: beginning at the middle of the public road leading from the Horsehead road to Kenton at the point of intersection of Kenton Hundred and East Dover Hundred, thence running along the middle of the said road to the Horsehead road, thence running in a westerly direction along the middle of the said Horsehead road a short distance to a short road leading from the said Horsehead road to the road from Dover to Hazlettville, known as the Hazlettville road, thence running along the middle of the said short road from the Horsehead road to the said Hazlettville road, thence running in a westerly direction along the middle of the said Hazlettville road a short distance to the road leading therefrom to Wyoming, thence running along the middle of the said road leading from the said Hazlettville road to Wyoming to the point of intersection of East D |
| Number Five. | All that portion of East Dover Hundred not included in Districts numbers two and four. |
| Number Six. | Parts of North Murderkill, South Murderkill and Mispillion Hundreds included within the following boundary lines: beginning at the intersection of the southern line of South Murderkill Hundred with the State of Maryland, thence running along the division line between Mispillion Hundred and South Murderkill Hundred to the public road leading from Whiteleysburg to Harrington, thence running in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Corner to Vernon, at or near White's Church, thence running in a northeasterly direction along the middle of said public road leading from Masten's Corner to Vernon, a short distance to the public road leading therefrom to the town of Harrington, being a continuation of the road leading from Whiteleysburg to Harrington, thence running in a southeasterly direction to the intersection of West street in the town of Harrington, thence running in a northerly direction along the middle of said West street to the |
| Number Seven. | All that portion of North Murderkill Hundred not included in District number six. |
| Number Eight. | All that portion of South Murderkill Hundred not included in District number six. |
| Number Nine. | All that portion of Mispillion Hundred not included in District number six. |
| Number Ten. | Milford Hundred. |
| Number One. | Cedar Creek Hundred. |
| Number Two. | All that portion of Nanticoke Hundred which lies north and west of Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Georgetown and Nanticoke Hundreds and running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' Mills, to its mouth being at the head of Middleford Mill Pond; together with North West Fork Hundred. |
| Number Three. | All that portion of Nanticoke Hundred which lies south and east of said Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Nanticoke and Georgetown Hundreds, running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' Mills, to its mouth at the head of Middleford Mill Pond; together with Seaford Hundred. |
| Number Four. | Broad Creek Hundred. |
| Number Five. | Little Creek Hundred. |
| Number Six. | Dagsboro and Gumboro Hundreds. |
| Number Seven. | Baltimore Hundred. |
| Number Eight. | Indian River Hundred. |
| Number Nine. | Georgetown Hundred. |
| Number Ten. | Broadkiln and Lewes and Rehoboth Hundreds. |
| Number One. | All that portion of the City of Wilmington lying north of and bounded by a straight line including the central line of Eighth street extending from the Delaware River to the westerly boundary of said city. |
| Number Two. | All that portion of the said City lying south of and bounded by the straight line aforesaid including the central line of Eighth street. |
| Number Three. | Brandywine Hundred, together with all that portion of Christiana Hundred lying north of and bounded by the central line of Lancaster Turnpike. |
| Number Four. | Milk Creek Hundred, together with all that portion of Christiana Hundred lying south of and bounded by the central line of the Lancaster Turnpike. |
| Number Five. | White Clay Creek Hundred, Red Lion Hundred and New Castle Hundred. |
| Number Six. | Pencader Hundred and St. Georges Hundred. |
| Number Seven. | Appoquinimink Hundred and Blackbird Hundred. |
| Number One. | The first and second Representative Districts. |
| Number Two. | The third and fourth Representative Districts. |
| Number Three. | The fifth and seventh Representative Districts. |
| Number Four. | The sixth and ninth Representative Districts. |
| Number Five. | The eighth and tenth Representative Districts. |
| Number Six, at Large. | The first, second, fifth, seventh and eighth Representative Districts. |
| Number Seven, at Large. | The third, fourth, sixth, ninth and tenth Representative Districts. |
| Number One. | The first and second Representative Districts. |
| Number Two. | The third and fourth Representative Districts. |
| Number Three. | The fifth and sixth Representative Districts. |
| Number Four. | The seventh and eighth Representative Districts. |
| Number Five. | The ninth and tenth Representative Districts. |
| Number Six, at Large. | The first, second, third, fourth and fifth Representative Districts. |
| Number Seven, at Large. | The sixth, seventh, eighth, ninth and tenth Representative Districts. |
All territory which shall hereafter be added to and included within the City of Wilmington shall become part of the Representative Districts in New Castle County, as follows:
All lying north of a straight line including the central line of Eighth street, as the same now exists, extending from the northeasterly side of Brandywine Creek to the Delaware River, or north of the Brandywine Creek, westerly from the point of intersection of the said straight line with the northeasterly side of the said Creek, shall become part of Representative District number two.
All lying north of a straight line including the central line of Eighth street, as the same now exists, south of the Brandywine Creek, and west of the central line of Market street, as the same now exists, shall become part of Representative District number three.
All lying between a straight line including the central line of Market street extended southerly and a straight line including the central line of Washington street extended southerly shall become part of Representative District number four.
All lying south of a straight line including the central line of Eighth street, as the same now exists, and west of a straight line including the central line of Washington street, as the same now exists, shall become part of Representative District number five.
In case of any change in the boundary line between this State and the State of Pennsylvania any of the said Senatorial and Representative Districts in New Castle County affected thereby shall conform to any new boundary line between the said States.
All territory which shall hereafter be added to and included within the City of Wilmington shall become part of the Senatorial Districts in New Castle County as follows:
All lying south of a straight line including the central line of Eighth street, extended from the Delaware River westwardly shall become part of Senatorial District number two.
The several Representative and Senatorial Districts in the State shall, except as herein otherwise provided, continue to be bounded, described and defined by the lines of the hundreds, wards, election districts, public roads, railroad and other boundaries herein mentioned, as the same are now established and located.
Art. II §2A | ADDITIONAL REPRESENTATIVE DISTRICTS
Each existing Representative District as set forth in Section 2 of this Article, with a population residing therein in excess of 15,000, as shown by the last official federal decennial census shall be entitled to one additional Representative for each additional 15,000 population or major fraction thereof residing within the District.
Upon any Representative District, as set forth in Section 2 of this Article, being entitled to more than one Representative, it shall be subdivided into new Representative Districts for each additional Representative to which it is entitled, from which shall be chosen by the qualified electors thereof, a Representative.
After each official federal decennial census the new Representative Districts created pursuant to this Section shall be abolished and the Representative Districts set forth in Section 2 of this Article shall again be re-divided as set forth herein.
The sub-dividing of the Representative Districts as set forth herein shall be done by a Redistricting Commission, consisting of the Governor, as Chairman, and the State Chairman of the two political parties receiving the largest vote for Governor at the preceding election for Governor as advisors to the Governor. Redistricting and reapportioning by the Commission as set forth herein shall be accomplished in accordance with the following criteria: Each new Representative District shall, insofar as is possible, be formed of contiguous territory; shall be as nearly equal in population as possible to the other new districts being created within the existing Representative District; shall be bounded by ancient boundaries, major roads, streams, or other natural boundaries; and not be so created as to unduly favor any person or political party.
Within 120 calendar days following the official reporting to the President of the United States of each decennial census, (or within 120 calendar days after this amendment takes effect) the Governor, on behalf of the Commission, shall file with the Secretary of State the plan for redistricting and reapportioning as provided for herein. Forthwith, after the filing, the Governor shall issue a proclamation of redistricting and reapportioning. The Secretary of State shall cause such proclamation to be published in two newspapers of general circulation within the State for two consecutive weeks, within 20 days after the issuance of the proclamation. The proclamation shall become effective within 30 days of its issuance.
Any qualified voter may apply to the Superior Court to compel the Governor, by mandamus or otherwise, to perform the redistricting and reapportioning duties or to correct any error in redistricting and reapportioning. Application to compel the Governor to perform the redistricting and reapportioning duties must be filed within thirty days of the expiration of the 120 days allotted to the Commission to file its plan, if such plan is not timely filed. Application to compel correction of any error in redistricting and reapportioning must be filed within thirty days following the proclamation. Original jurisdiction in these matters is hereby vested in the Superior Court. On appeal, the cause shall be reviewed by the Supreme Court upon the law and the facts.
Art. II §2B | DELEGATES TO CONSTITUTIONAL CONVENTION
Art. II §3 | QUALIFICATIONS OF MEMBERS; COMMENCEMENT OF TERMS OF MEMBERS
(b) A Senator shall continuously reside in the Senatorial District in which the Senator was chosen during the Senator’s term of office. A Representative shall continuously reside in the Representative District in which the Representative was chosen during the Representative’s term of office. A Senator or Representative who does not continuously reside in the District in which the Senator or Representative was chosen is deemed to have resigned the office.
(b) The terms of Senators and Representatives begin on the day next after their election.
(c) If, as a result of legislative redistricting, a sitting Senator or Representative is required to change the Senator’s or Representative’s residence in order to maintain residency in the district in which the Senator or Representative represent, subsection (b) of this section does not apply.
(d) If, by reason of an event that can be neither anticipated nor controlled, a Senator or Representative is unable to continue to maintain residency in their district, subsection (b) does not apply.
Art. II §4 | TIME AND FREQUENCY OF SESSIONS
The General Assembly may continue in session each calendar year so long as, in its judgment, the public interest may require; however, each session may not extend beyond 5:00 p.m. on the last day of June unless the session is recalled by the Governor or the mutual call of the presiding officers of both Houses.
Art. II §5 | PLACE OF MEETING
Art. II §6 | VACANCIES; TENURE OF OFFICE OF PERSONS ELECTED TO FILL
Art. II §7 | PRESIDENT PRO TEMPORE, SPEAKER AND OTHER OFFICERS; ABSENCE OF PRESIDING OFFICERS
Art. II §8 | EACH HOUSE AS JUDGE OF ELECTIONS AND QUALIFICATIONS OF ITS MEMBERS; QUORUM; ADJOURNMENTS; COMPELLING ATTENDANCE
Art. II §9 | RULES; PUNISHMENT AND EXPULSION OF MEMBERS; SCOPE OF POWERS
Art. II §10 | JOURNALS; PUBLICATION; ENTRY OF YEAS AND NAYS; PASSAGE OF BILLS AND RESOLUTIONS
Art. II §11 | ACCESSIBILITY TO EACH HOUSE AND COMMITTEES OF THE WHOLE
Art. II §12 | CONSENT OF EACH HOUSE TO ADJOURNMENT
Art. II §13 | IMMUNITY FROM ARREST AND QUESTIONING OF SPEECHES
Art. II §14 | HOLDING DUAL OFFICE OR HAVING INTEREST IN ARMY OR NAVY CONTRACT
Art. II §15 | COMPENSATION, EXPENSES AND ALLOWANCES OF MEMBERS
Art. II §16 | RESTRICTION OF BILLS AND RESOLUTIONS TO ONE SUBJECT; EXPRESSION IN TITLE; EXCEPTION
Art. II §17 | LOTTERIES AND OTHER GAMBLING
(b) Lotteries (other than slot machines, roulette, craps and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations or societies which have been in existence for at least 2 years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the article,
(c) Wagering or betting by the use of pari-mutuel machines or totalizators on horse races conducted at racetracks within or without the State, provided that such wagering or betting may be conducted only either:
(2) within the enclosure of any racetrack licensed under the laws of the State to receive and accept wagers or bets on electronically televised simulcasts of horse races.
Art. II §17A | BINGO GAMES; ORGANIZATIONS AUTHORIZED TO CONDUCT; SUBMISSION TO REFERENDUM; DISTRICTS; REGULATION; PENALTIES
2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district.
3. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the game of "Bingo" under the limitations of this Article, and may provide such penalties as may be necessary to enforce same.
Art. II §17B | LOTTERIES NOT UNDER STATE CONTROL; ORGANIZATIONS AUTHORIZED TO CONDUCT; SUBMISSION TO REFERENDUM; DISTRICTS; REGULATION; PENALTIES
2. Under this article, Sussex County shall comprise 1 district, Kent County shall comprise 1 district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, 1 district, and the remaining part of New Castle County, 1 district.
3. The General Assembly shall enact comprehensive legislation providing for licensing for all organizations conducting and regulating the conduct of lotteries under this section and may provide such penalties as may be necessary to enforce such legislation.
Art. II §18 | DIVORCE OR ALIMONY
Art. II §19 | LOCAL OR SPECIAL LAWS RELATING TO FENCES, LIVESTOCK, DITCHES, SCHOOL DISTRICTS, AND ROADS, HIGHWAYS, STREETS, ETC
No road, highway or street, intended to be dedicated to public use and maintained at public expense, shall be constructed except in conformance with standards adopted by the agency charged with construction, reconstruction or maintenance of such road, highway or street. Any road or street constructed solely for private use shall only be maintained at State expense after it has been constructed or reconstructed according to the standards established by the agency charged with the duty of maintaining such roads or streets.
Art. II §20 | DISCLOSURE OF PERSONAL OR PRIVATE INTEREST OF LEGISLATOR IN ANY PENDING MEASURE
Art. II §21 | CONVICTION OF CRIME AS BAN TO PUBLIC OFFICE
Art. II §22 | BRIBERY OF EXECUTIVE, JUDICIAL OR LEGISLATIVE OFFICERS
Art. II §23 | STATUTES AS PUBLIC LAWS UNLESS OTHERWISE DECLARED
Art. II §24 | SETTLEMENT OF ACCOUNTS OF STATE TREASURER; INELIGIBILITY FOR LEGISLATIVE OFFICE UNTIL SETTLEMENT
Art. II §25 | LAWS PERMITTING ZONING ORDINANCES AND USE OF LAND
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
Judiciary
Art. IV §1 | CREATION OF COURTS
Art. IV §2 | JUSTICES OF SUPREME COURT AND OTHER STATE JUDGES; QUALIFICATIONS; RESIDENCE; PRECEDENCE
In addition to members of the Supreme Court there shall be other State Judges, who shall be citizens of the State and learned in the law. They shall include:
(2) The President Judge and the Judges of the Superior Court, three of whom shall be Resident Associate Judges and one of whom shall after appointment reside in each county of the State;
(3) the Chief Judge and the Judges of the Family Court;
(4) the Chief Judge and Judges of the Court of Common Pleas, one of whom after appointment shall reside in each county of the State; and
(5) the Chief Magistrate of the Justice of the Peace Court.
If it is otherwise impossible to determine seniority of service among the Vice-Chancellors or among the said Judges, they shall determine it by lot respectively and certify accordingly to the Governor.
The tenure and status of the Justices of the Supreme Court and State Judges as shall have been appointed as provided for by the Constitution or by Act of the General Assembly prior to the time this amended Article IV of this Constitution becomes effective shall in no wise be affected.
Art. IV §3 | APPOINTMENT OF JUDGES; TERMS OF OFFICE; VACANCIES; POLITICAL REPRESENTATION; CONFIRMATION OF APPOINTMENT
Appointments to the office of the State Judiciary shall at all times be subject to all of the following limitations:
Second, at any time when the total number of Judges of the Superior Court shall be an even number not more than one-half of the members of all such offices shall be of the same political party; and at any time when the number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party, the remaining members of such offices shall be of the other major political party.
Third, at any time when the total number of the offices of the Justices of the Supreme Court, the Judges of the Superior Court, the Chancellor and all the Vice-Chancellors shall be an even number, not more than one-half of the members of all such offices shall be of the same major political party; and at any time when the total number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party; the remaining members of the Courts above enumerated shall be of the other major political party.
Fourth, at any time when the total number of Judges of the Family Court shall be an even number, not more than one-half of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of one Judge shall be of the same political party.
Fifth, at any time when the total number of Judges of the Court of Common Pleas shall be an even number, not more than one-half of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of one Judge shall be of the same political party.
Sixth, before sending the name of any person to the Senate for confirmation as the appointment of the Governor to a vacancy in any Judicial Office as aforesaid, the Governor shall, not less than ten (10) days before sending the name of such person to the Senate for confirmation, address a public letter to the President of the Senate informing him or her that he or she intends to submit to the Senate for confirmation as an appointment to such vacancy the name of the person he or she intends to appoint.
Art. IV §4 | COMPENSATION OF JUDGES; METHOD OF PAYMENT; RECEIPT OF OTHER FEES OR HOLDING OTHER OFFICE
Art. IV §5 | COMPOSITION OF SUPERIOR COURT; PRESIDING JUDGE; QUORUM
One Judge shall constitute a quorum of the said courts, respectively, except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts.
Art. IV §6 | SESSIONS OF SUPERIOR COURT
Art. IV §7 | JURISDICTION OF SUPERIOR COURT
Art. IV §7A | JURISDICTION OF FAMILY COURT
Art. IV §7B | JURISDICTION OF COURT OF COMMON PLEAS
Art. IV §8 | DEFINITIONS OF PARTICULAR TERMS
Art. IV §9 | CORRUPTION OF BLOOD; FORFEITURE; DESCENT OF SUICIDE’S ESTATE
Art. IV §10 | COMPOSITION AND JURISDICTION OF COURT OF CHANCERY; INITIATION AND DECISIONS IN CAUSES AND PROCEEDINGS
Art. IV §11 | JURISDICTION OF SUPREME COURT
(1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section.
(1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred.
(2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article.
(3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases.
(4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery.
(5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery; or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court.
(6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session.
(7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it.
(8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.
Art. IV §12 | COMPOSITION OF SUPREME COURT; DESIGNATION OF TEMPORARY JUSTICES; QUORUM; OPENING AND ADJOURNING COURT
Art. IV §13 | ADMINISTRATIVE HEAD OF COURTS; SUPERVISORY POWERS; DESIGNATION OF JUDGES TO SIT IN COURT OF CHANCERY, OR THE SUPERIOR COURT
(2) Upon written request made by the Chancellor, President Judge of the Superior Court, the Chief Judge of the Family Court, or the Chief Judge of the Court of Common Pleas, or in the event of an absence or incapacity, by the next qualified and available Vice-Chancellor, or Judge, who is senior in length of service, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery, the Superior Court, the Family Court or the Court of Common Pleas, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court designated. The provisions of this paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article.
Art. IV §14 | POWER OF LAW JUDGES TO GRANT RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS
Art. IV §15 | JUDGES AD LITEM; LIMITATION AND EXPIRATION OF COMMISSION; COMPENSATION; PERSONS NOT DISQUALIFIED
Art. IV §16 | SCOPE OF JURISDICTION AND PROCESS; COSTS
Art. IV §17 | JURISDICTIONAL CHANGES BY GENERAL ASSEMBLY; APPEALS TO SUPREME COURT
Art. IV §18 | POWERS OF CHANCELLOR, VICE-CHANCELLORS AND JUDGES
Until the General Assembly shall otherwise provide, the Chief Judge of the Family Court and the Judges of said Court, respectively, shall each singly exercise all the powers which any law of this State vests in the Judges of Family Court, whether as members of the Court or otherwise, and the Chief Judge of the Court of Common Pleas and the Judges of said Court, respectively, shall each singly exercise all the powers which any law of the State vests in the Judges of the Court of Common Pleas, whether as members of the Court or otherwise.
Art. IV §19 | INSTRUCTIONS TO JURY
Art. IV §20 | TRIAL BY COURT OF ISSUES OF FACT IN CIVIL CAUSES
Art. IV §21 | AMENDMENTS IN CIVIL PLEADINGS AND PROCEEDINGS BY SUPERIOR COURT; EXAMINATION OF WITNESSES AND PARTIES
Art. IV §22 | PAYMENT INTO COURT PENDING ACTION FOR DEBT OR DAMAGES; COSTS
Art. IV §23 | SURVIVAL OF ACTION; EXECUTOR OR ADMINISTRATOR AS PARTY; CONTINUANCE
Art. IV §24 | SECURITY FOR STAY OF PROCEEDINGS ON APPEAL OR WRIT OF ERROR
Art. IV §25 | CHIEF REGISTER IN CHANCERY: APPOINTMENT; POWERS AND DUTIES
Art. IV §26 | PROTHONOTARY AS CLERK OF SUPERIOR COURT; POWERS AND DUTIES; ENTRY OF TESTATUM FIERI FACIAS
Art. IV §27 | CLERK OF SUPREME COURT; TERM OF OFFICE AND COMPENSATION
Art. IV §28 | CRIMINAL JURISDICTION OF INFERIOR COURTS AND JUSTICES OF THE PEACE; REGULATION OF JURISDICTION; INDICTMENT; JURY TRIAL; APPEALS
The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).
Art. IV §29 | JUSTICES OF THE PEACE; TERM OF OFFICE; POWERS OF THE CHIEF MAGISTRATE AND JUSTICES OF THE PEACE
(b) Upon second or third appointment and confirmation, a Justice of the Peace shall be commissioned for six (6) years:
(c) Upon fourth or subsequent appointments and confirmation, a Justice of the Peace shall be commissioned for eight (8) years.
Art. IV §30 | JUSTICES OF THE PEACE, CHIEF MAGISTRATE, AND JUDGES OF LEGISLATIVE COURTS; APPOINTMENT BY GOVERNOR; TERMS OF OFFICE
Art. IV §31 | REGISTERS OF WILLS; DEPOSITIONS OF WITNESSES; PROCESS; APPEALS TO COURT OF CHANCERY; DISQUALIFICATION OF REGISTER FOR INTEREST
Art. IV §32 | REGISTERS OF WILLS; DEPOSITIONS OF WITNESSES; PROCESS; APPEALS TO COURT OF CHANCERY; DISQUALIFICATION OF REGISTER FOR INTEREST
Exceptions may be made by persons concerned to both sides of every such account, either denying the justice of the allowances made to the accountant or alleging further charges against him or her; and the exceptions shall be heard in the Court of Chancery for the County; and thereupon the account shall be adjusted and settled according to the right of the matter and the law of the land.
The General Assembly shall have power to transfer to the Court of Chancery all or a part of the jurisdiction by this Constitution vested in the Register of Wills and to vest in the Court of Chancery all or a part of such jurisdiction and to provide for appeals from that Court exercising such jurisdiction.
Art. IV §33 | STYLE OF PROCESS AND PUBLIC ACTS; PROSECUTIONS IN NAME OF STATE
Art. IV §34 | CONTINUATION IN OFFICE AND DESIGNATION OF CERTAIN JUDICIAL OFFICERS
The Chief Justice shall hereafter be designated as President Judge of the Superior Court;
The Judges shall hereafter be designated as Judges of the Superior Court.
Art. IV §34A | CONTINUATION IN OFFICE AND DESIGNATION OF JUDICIAL OFFICERS OF THE FAMILY COURT AND THE COURT OF COMMON PLEAS
Art. IV §35 | PROCEEDINGS PENDING AT TIME OF 1951 AMENDMENT; BOOKS, RECORDS AND PAPERS; EFFECT OF AMENDED ARTICLE ON COURT OF CHANCERY
All suits, proceedings and matters pending, at the time this amended Article IV of this Constitution becomes effective, in the Superior Court as heretofore constituted shall be proceeded within the Superior Court hereby established and all the books, records and papers of the said Superior Court as heretofore constituted shall be the books, records and papers of the Superior Court hereby established.
All indictments, proceedings and matters of a criminal nature pending in the former Court of General Sessions and in the former Court of Oyer and Terminer, at the time this amended Article IV of this Constitution becomes effective, and all books, records and papers of said former Court of General Sessions and former Court of Oyer and Terminer shall be transferred to the Superior Court hereby established, and the said indictments, proceedings and matters pending shall be proceeded with to final judgment and determination in the said Superior Court hereby established.
The Court of Chancery is not affected by this amended Article IV of this Constitution otherwise than by the provisions with respect to a Vice-Chancellor or Vice-Chancellors.
Art. IV §36 | ABOLITION OF ORPHANS' COURT; TRANSFER OF JURISDICTION AND POWERS
Art. IV §37 | COURT ON THE JUDICIARY
Any judicial officer appointed by the Governor may be censured or removed or retired by the Court on the Judiciary as herein provided.
A judicial officer may be censured or removed by virtue of this section for wilful misconduct in office, wilful and persistent failure to perform his or her duties, the commission after appointment of an offense involving moral turpitude, or other persistent misconduct in violation of the Canons of Judicial Ethics as adopted by the Delaware Supreme Court from time to time.
A judicial officer may be retired by virtue of this section for permanent mental or physical disability interfering with the proper performance of the duties of his or her office.
No judicial officer shall be censured or removed or retired under this section unless he or she has been served with a written statement of the charges against him or her, or of the grounds of his or her retirement, and shall have had an opportunity to be heard in accordance with due process of law. The affirmative concurrence of not less than two-thirds of the members of the Court on the Judiciary shall be necessary for the censure or removal or retirement of a judicial officer. The Court on the Judiciary shall be convened for appropriate action upon the order of the Chief Justice, or upon the order of any other three members of the Court on the Judiciary. All hearings and other proceedings of the Court on the Judiciary shall be private, and all records except a final order of removal or retirement shall be confidential, unless the judicial officer involved shall otherwise request.
Upon an order of removal, the judicial officer shall thereby be removed from office, all of his or her authority, rights and privileges as a judicial officer shall cease from the date of the order, and a vacancy shall be deemed to exist as of that date. Upon an order of retirement, the judicial officer shall thereby be retired with such rights and privileges as may be provided by law for the disability retirement of a judicial officer, and a vacancy shall be deemed to exist as of the date of retirement.
In the absence or disqualification of a member of the Court on the Judiciary, the Chief Justice, or in his or her absence or disqualification the Senior Associate Justice, shall appoint a substitute member pro tempore.
The Court on the Judiciary shall have:
(b) the power to adopt rules establishing procedures for the investigation and trial of a judicial officer hereunder.
Art. IV §38 | RETIRED JUDGES AND JUSTICES; TEMPORARY ASSIGNMENT
Art. IV §39 | SENIOR JUDGES
Senior Judges are subject to the Code of Judicial Conduct and are subject to censure, removal or retirement by the Court on the Judiciary in accordance with Section 37 of this Article IV.
Senior Judges shall not be counted for purposes of determining the political representation on any court or on any combination of courts under Section 3 of this Article IV.
Elections
Art. V §1 | TIME AND MANNER OF HOLDING GENERAL ELECTION
Art. V §2 | QUALIFICATIONS FOR VOTING; MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED WITHIN STATE; PERSONS DISQUALIFIED; FORFEITURE OF RIGHT
(b) Any person who is disqualified as a voter because of a conviction of a crime deemed by law a felony shall have such disqualification removed upon being pardoned, or after the expiration of the sentence, whichever may first occur. The term "sentence" as used in this Section shall include all periods of modification of a sentence, such as, but not limited to, probation, parole and suspension. The provision of this subsection shall not apply to (1) those persons who were convicted of any felony of murder or manslaughter, (except vehicular homicide); or (2) those persons who were convicted of any felony constituting an offense against public administration involving bribery or improper influence or abuse of office, or any like offense under the laws of any state or local jurisdiction, or of the United States, or of the District of Columbia; or (3) those persons who were convicted of any felony constituting a sexual offense, or any like offense under the laws of any state or local jurisdiction or of the United States or of the District of Columbia.
Art. V §2A | RESIDENCE REQUIREMENTS IN CASE OF INTRASTATE REMOVAL; ELECTION OF PRESIDENT AND VICE-PRESIDENT OF UNITED STATES; QUALIFICATIONS
Art. V §2B | RESIDENCE REQUIREMENTS OF PERSONS FROM OTHER STATES; ELECTION OF PRESIDENT AND VICE-PRESIDENT OF UNITED STATES; QUALIFICATIONS
Art. V §3 | INFLUENCING VOTER; LOSS OF VOTE; CHALLENGE; OATH AND AFFIRMATION; PERJURY
Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation; but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereof shall bar any prosecution under Section 8 of this Article.
Art. V §4 | REGISTRATION OF VOTERS; DAYS FOR REGISTRATION; APPLICATION TO STRIKE NAME FROM LIST; APPEALS; REGISTRATION AS PREREQUISITE FOR VOTING
There shall be at least two registration days in a period commencing not more than one hundred and twenty days, nor less than sixty days before, and ending not more than twenty days, nor less than ten days before, each General Election, on which registration days persons whose names are not on the list of registered voters established by law for such election, may apply for registration, and on which registration days applications may be made to strike from the said registration list names of persons on said list who are not eligible to vote at such election; provided, however, that such registration may be corrected as hereinafter provided at any time prior to the day of holding the election.
From the decision of the registration officers granting or refusing registration, or striking or refusing to strike a name or names from the registration list, any person interested, or any registration officer, may appeal to the resident Associate Judge of the County, or in case of his or her disability or absence from the County, to any Judge entitled to sit in the Supreme Court, whose determination shall be final; and he or she shall have power to order any name improperly omitted from the said registry to be placed thereon, and any name improperly appearing on the said registry to be stricken therefrom, and any name appearing on the said registry, in any manner incorrect, to be corrected, and to make and enforce all necessary orders in the premises for the correction of the said registry. Registration shall be a prerequisite for voting only at general elections, at which Representatives to the General Assembly shall be chosen, unless the General Assembly shall otherwise provide by law.
The existing laws in reference to the registration of voters, so far as consistent with the provisions of this Article, shall continue in force until the General Assembly shall otherwise provide.
Art. V §4A | GENERAL LAWS FOR ABSENTEE VOTING
Art. V §4B | UNIFORM LAWS FOR ABSENTEE REGISTRATION
Art. V §5 | ELECTORS PRIVILEGED FROM ARREST; EXCEPTIONS
Art. V §6 | VOTING MACHINE RECORDING TAPES, VOTING MACHINE CERTIFICATE, AND ABSENTEE BALLOTS; DELIVERY TO PROTHONOTARY; DUTIES AND COMPOSITION OF COURT; QUORUM
(2) One copy of the voting machine certificate, made and certified by law.
(3) Any other document or item required by law to be provided to the Department of Elections.
(2) The absentee ballots.
(3) Any other document or item required by law to be provided to the Prothonotary of the Superior Court.
(d) If a document or item required under subsection (a) or (b) of this section is not produced, or if there is a complaint, under oath, of fraud or mistake in a document or item, or if fraud or mistake is evident on the face of a document completed by the election officers, the Court may do any of the following:
(2) Open the absentee ballot boxes and take there from any paper contained in the absentee ballot boxes.
(3) Recount the absentee ballots.
(4) Correct any fraud or mistake on the voting machine recording tapes or on any document completed by the election officers relating to the election.
(f) After the state of the election is ascertained under this section, the the Court shall make certificates of the election, under the seal of the Court in the form required by law, and transmit, deliver, and lodge the certificates of the election as required by this Constitution or by law, and deliver the ballot boxes to the sheriff of the county, to be kept and delivered by the sheriff as required by law.
(g) No act or determination of the Court in the discharge of the duties imposed on the Court by this section shall be conclusive in the trial of any contested election.
(h) For the purposes of this section the Superior Court shall consist in New Castle County of the President Judge and resident Judge; in Kent County of the resident Judge and a Judge designated by the President Judge; and in Sussex County of the resident Judge and a Judge designated by the President Judge.
(i) Two Judges constitute a quorum. The Governor may commission a Judge for the purpose of constituting a quorum when by reason of legal exception to any Judge, or for any other cause, a quorum could not otherwise be had.
Art. V §7 | ELECTION OFFENSES; PENALTIES; SELF-INCRIMINATION
Art. V §8 | PROSECUTION FOR ELECTION OFFENSES; PROCEDURE; APPEAL; BOND
Art. V §9 | ENUMERATION OF ELECTION OFFENSES AS LIMITATION ON POWER OF GENERAL ASSEMBLY
Impeachment and Treason
Art. VI §1 | IMPEACHMENT POWER OF HOUSE; TRIAL BY SENATE; OATH OF SENATORS; VOTE; PRESIDING OFFICERS
On the trial of an impeachment against the Governor or Lieutenant-Governor, the Chief Justice, or, in case of his or her absence or disability, the Chancellor shall preside; and on the trial of all other impeachments the President of the Senate shall preside.
Art. VI §2 | GROUNDS FOR IMPEACHMENT
Art. VI §3 | TREASON
Pardons
Art. VII §1 | POWER OF GOVERNOR; RECOMMENDATION OF BOARD OF PARDONS; ENTRY IN REGISTER AND SUBMISSION TO GENERAL ASSEMBLY
He or she shall fully set forth in writing the grounds of all reprieves, pardons and remissions, to be entered in the register of his or her official acts and laid before the General Assembly at its next session.
Art. VII §2 | COMPOSITION OF BOARD OF PARDONS
Art. VII §3 | INFORMATION FROM ATTORNEY GENERAL ON BOARD’S DUTIES
Revenue and Taxation
Art. VIII §1 | UNIFORMITY OF TAXES; COLLECTION UNDER GENERAL LAWS; EXEMPTION FOR PUBLIC WELFARE PURPOSES
The legislature shall enact laws to provide that the value of land which is determined by the assessing officer of the taxing jurisdiction to be actively devoted to agriculture use and to have been so devoted for at least the two successive years immediately preceding the tax year in issue, shall, for local tax purposes, on application of the owner, be that value which such land has for agricultural use.
Any such laws shall provide that when land which has been valued in this manner for local tax purposes is applied to a use other than for agriculture, it shall be subject to additional taxes in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the land been valued and assessed as otherwise provided in this Constitution, in the current year and in such of the tax years immediately preceding, not less than two such years in which the land was valued as herein authorized.
Such laws shall also provide for the assessment and collection of any additional taxes levied thereupon and shall include such other provisions as shall be necessary to carry out the provisions of this amendment.
Art. VIII §2 | REVENUE BILLS TO ORIGINATE IN HOUSE; AMENDMENTS BY SENATE; RESTRICTION ON DEFINITION; EXCLUSION OF UNRELATED MATTER
Art. VIII §3 | BORROWING MONEY; SPECIFICATION OF PURPOSE; SURPLUS BORROWED MONEY
Art. VIII §4 | RESTRICTIONS ON LOAN OF PUBLIC MONEY OR BONDS AND CREDIT OF STATE
Art. VIII §5 | CAPITATION TAX; UNIFORMITY; USE
Art. VIII §6 | PROCEDURE IN WITHDRAWAL AND PAYMENT OF PUBLIC MONEYS; ANNUAL PUBLICATION OF RECEIPTS AND EXPENDITURES; LIMITATION UPON APPROPRIATIONS
(b) No appropriation, supplemental appropriation or budget act shall cause the aggregate State General Fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated State General Fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year. An act approved pursuant to § 3 of this article shall not be considered an appropriation for the purpose of this section. Estimated unencumbered funds are calculated by taking the estimated General Fund cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated encumbrances, estimated continuing appropriations and the amount of the Budget Reserve Account as established in subsection (d) of this section at the end of said fiscal year. The amount of said revenue estimate and estimated unencumbered funds remaining shall be determined by the most recent joint resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor.
(c) Notwithstanding subsection (b) of this section, any portion of the amount between 98 and 100 percent of the estimated State General Fund revenue for any fiscal year as estimated in accordance with subsection (b) of this section may be appropriated in any given fiscal year in the event of emergencies involving the health, safety or welfare of the citizens of the State, such appropriations to be approved by three-fifths of the members elected to each House of the General Assembly.
(d) There is hereby established a Budget Reserve Account within the General Fund. Within 45 days after the end of any fiscal year, the excess of any unencumbered funds remaining from the said fiscal year shall be paid into the Budget Reserve Account, provided, however, that no such payment will be made which would increase the total of the Budget Reserve Account to more than 5 percent of only the estimated State General Fund revenues as set by subsection (b) of this section. The excess of any unencumbered funds shall be determined by subtracting from the actual unencumbered funds at the end of any fiscal year an amount which together with the latest estimated revenues is necessary to fund the ensuing fiscal year's General Fund budget including the required estimated General Fund supplemental and automatic appropriations for said ensuing fiscal year less estimated reversions. The General Assembly by a three-fifths vote of the members elected to each House, may appropriate from the Budget Reserve Account such additional sums as may be necessary to fund any unanticipated deficit in any given fiscal year or to provide funds required as a result of any revenue reduction enacted by the General Assembly.
Art. VIII §7 | REAL ESTATE ASSESSMENTS; INCLUSION OF VALUES
Art. VIII §8 | LENDING CREDIT, APPROPRIATING MONEY TO OR BECOMING INTERESTED IN ANY PRIVATE CORPORATION, PERSON OR COMPANY BY COUNTY OR MUNICIPALITY
Art. VIII §9 | RETROACTIVE INCREASE OF TAXATION OF PERSONAL INCOME
Art. VIII §10 | LIMITATION ON INCREASE OF RATE OF TAXES AND LICENSE FEES; EXCEPTION TO MEET OBLIGATION UNDER FAITH AND CREDIT PLEDGE; ALLOCATION OF PUBLIC MONEYS TO MEET SUCH OBLIGATION IF REVENUES ARE NOT SUFFICIENT TO MEET SUCH PLEDGE
(b) Prior to the beginning of each fiscal year of the State, the General Assembly shall appropriate revenues of the State to pay interest on its debt to which it has pledged its faith and credit and which interest is payable in the year for which such appropriation is made and to pay the principal of such debt, payable in such year, whether at maturity or otherwise. To the extent that insufficient revenues of the State are available to pay principal of and interest on such debt when due and payable, the first public moneys of the State thereafter received shall be set aside and applied to the payment of the principal of and interest on such debt. To make up for such insufficient revenues, the General Assembly may increase the rate of taxes and fees without regard to the limitations of subsection (a) hereof after the failure to pay when due the principal of and interest on such debt.
Art. VIII §11 | IMPOSITION OR LEVY OF NEW TAXES OR LICENSE FEES
(b) Prior to the beginning of each fiscal year of the State, the General Assembly shall appropriate revenues of the State to pay interest on its debt to which it has pledged its faith and credit and which interest is payable in the year for which such appropriation is made and to pay the principal of such debt, payable in such year, whether at maturity or otherwise. To the extent that insufficient revenues of the State are available to pay principal of and interest on such debt when due and payable, the first public moneys of the State thereafter received shall be set aside and applied to the payment of the principal of and interest on such debt. To make up for such insufficient revenues, the General Assembly may increase the rate of taxes and fees without regard to the limitations of subsection (a) hereof after the failure to pay when due the principal of and interest on such debt.
(c) This amendment shall not apply to any tax or license fee authorized by an act of the General Assembly but not effective upon the effective date of this amendment.
Art. VIII §12 | THE TRANSPORTATION TRUST FUND; USE AND RESTRICTIONS
(b) The moneys in the Transportation Trust Fund may be appropriated and used for the following purposes:
(2) Payment of the interest and principal on all indebtedness incurred before or after the effective date of this Act, including the payment of all other obligations incurred pursuant to any trust agreement related to such indebtedness, and secured by moneys in the Transportation Trust Fund.
(3) Other transportation-related purposes, including operating expenses, to which moneys in the Transportation Trust Fund are authorized on the effective date of this Act.
(d) If moneys in the Transportation Trust Fund cease to be appropriated for a purpose under paragraph (b)(3) of this section, the moneys may not again be appropriated for a purpose under paragraph (b)(3) of this section except by an act of the General Assembly adopted with the concurrence of three-fourths of all members of each House and separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.
Corporations
Art. IX §1 | CREATION, AMENDMENT, RENEWAL OR REVIVAL BY GENERAL LAW; EXCEPTIONS; REVOCATION OR FORFEITURES OF CHARTERS; REQUISITES FOR ENACTMENT OF CORPORATION LAWS
Art. IX §2 | ACCEPTANCE OF CONSTITUTION BY EXISTING CORPORATIONS AS PREREQUISITE FOR AMENDMENT OR RENEWAL OF CHARTER
Art. IX §3 | ISSUANCE OF STOCK
Art. IX §4 | RIGHTS, PRIVILEGES, IMMUNITIES AND ESTATES
Art. IX §5 | DESIGNATION, BY FOREIGN CORPORATION, OF AGENT FOR SERVICE OF PROCESS
Art. IX §6 | TAXATION OF STOCK OWNED BY PERSONS OR CORPORATIONS WITHOUT THE STATE
Education
Art. X §1 | ESTABLISHMENT AND MAINTENANCE OF FREE PUBLIC SCHOOLS; ATTENDANCE
Art. X §2 | ANNUAL APPROPRIATIONS; APPORTIONMENT; USE OF FUNDS; SEPARATION OF SCHOOLS; OTHER EXPENSES
Art. X §3 | USE OF EDUCATIONAL FUNDS BY RELIGIOUS SCHOOLS; EXEMPTION OF SCHOOL PROPERTY FROM TAXATION
Art. X §4 | USE OF PUBLIC SCHOOL FUND
Art. X §5 | TRANSPORTATION OF NONPUBLIC SCHOOL STUDENTS
Art. X §6 | PROPERTY TAX; USE LIMITATIONS
Agriculture
Art. XI §1 | STATE BOARD OF AGRICULTURE
Art. XI §2 | COMPOSITION OF BOARD; RESIDENCE OF COMMISSIONERS; QUORUM
Art. XI §3 | APPOINTMENT OF COMMISSIONERS BY GOVERNOR; TENURE; VACANCIES
Art. XI §4 | ABATEMENT AND PREVENTION OF DISEASES OF FRUIT TREES, PLANTS, VEGETABLES, CEREALS AND LIVESTOCK
Art. XI §5 | PLANS FOR SECURING IMMIGRATION OF INDUSTRIOUS AND USEFUL SETTLERS
Art. XI §6 | COMPENSATION OF BOARD MEMBERS
Art. XI §7 | DURATION OF BOARD
State Board of Health
Art. XII §1 | STATE BOARD OF HEALTH; LOCAL BOARDS; POWERS
Local Option
Art. XIII §1 | SUBMISSION OF LIQUOR QUESTION TO DISTRICT ELECTORS; ELECTION
Art. XIII §2 | DESIGNATION OF DISTRICTS FOR PURPOSES OF ARTICLE
Art. XIII §3 | LAWS FOR ENFORCEMENT, MANUFACTURE AND SALE, AND PENALTIES
Oath of Office
Art. XIV §1 | FORM OF OATH FOR MEMBERS OF GENERAL ASSEMBLY AND PUBLIC OFFICERS
"I, (name) , do proudly swear (or affirm) to carry out the responsibilities of the office of (name of office) to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear (or affirm) always to place the public interests above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God."No other oath, declaration or test shall be required as a qualification for any office of public trust.
Miscellaneous
Art. XV §1 | CONSERVATORS OF THE PEACE
Art. XV §2 | RECEIPT FOR FEES
Art. XV §3 | COSTS ON BILL RETURNED IGNORAMUS OR ON ACQUITTAL
Art. XV §4 | EXTENSION OF TERM OF PUBLIC OFFICER; DIMINUTION OF SALARY OR EMOLUMENTS
Art. XV §5 | OFFICERS TO HOLD OFFICE UNTIL SUCCESSORS QUALIFY
Art. XV §6 | BEHAVIOR OF OFFICERS; REMOVAL FOR MISBEHAVIOR OR INFAMOUS CRIME
Art. XV §7 | OFFENSES EXCEPTED FROM PROHIBITION AGAINST PROSECUTING BY INFORMATION AND JURY TRIAL
Art. XV §8 | INTEREST OF MEMBER OR OFFICER OF DEPARTMENT IN CONTRACTS FOR SUPPLIES OR SERVICES OF DEPARTMENT PROHIBITED
Art. XV §9 | PREFIXING CONSTITUTION TO CODIFICATION OF LAWS
Art. XV §10 | DISQUALIFICATION TO HOLD OFFICE BY REASON OF SEX
Amendments and Conventions
Art. XVI §1 | PROPOSAL AND CONCURRENCE OF CONSTITUTIONAL AMENDMENTS IN GENERAL ASSEMBLY; PROCEDURE
Art. XVI §2 | CONSTITUTIONAL CONVENTIONS; PROCEDURE; COMPENSATION OF DELEGATES; QUORUM; POWERS AND DUTIES; VACANCIES
Art. XVI §3 | RECEIVING, TALLYING AND COUNTING VOTES FOR OR AGAINST CONVENTION; RETURN OF VOTE; ENABLING LEGISLATION
Art. XVI §4 | APPROVAL OF BILLS OR RESOLUTIONS UNDER THIS ARTICLE; EXEMPTION FROM ARTICLE III, SECTION 18
Art. XVI §5 | SEPARATE BALLOTS ON QUESTION OF CONVENTION
Continuity of Governmental Operations
Art. XVII §1 | CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS IN PERIODS OF EMERGENCY
Schedule
Sch. 0 §1 | DELIVERY, FILING AND PUBLICATION OF ENROLLED COPY OF AMENDED CONSTITUTION AND SCHEDULE
Sch. 0 §2 | EFFECTIVE DATE OF AMENDED CONSTITUTION
Sch. 0 §3 | EFFECT ON OFFICES OF SENATORS AND REPRESENTATIVES; ELECTION
At the general election to be held in the year one thousand eight hundred and ninety-eight, there shall be elected from each of the even numbered Senatorial Districts in the State, except District number two in New Castle County, District number four in Kent County, and District number two in Sussex County, a Senator for the term of two years, and from each of the odd numbered Senatorial Districts in the State a Senator for the term of four years.
And thereafter, as the said terms shall from time to time expire, a Senator shall be elected from each of the said Senatorial Districts for the full term of four years.
At the general election to be held in the year one thousand eight hundred and ninety-eight, there shall be elected in each Representative District in the State one Representative for the term of two years.
Sch. 0 §4 | COMMENCEMENT OF TERMS OF MEMBERS OF GENERAL ASSEMBLY
Sch. 0 §5 | DATE OF FIRST GENERAL ELECTION
Sch. 0 §6 | EFFECT ON GOVERNOR’S TERM
Sch. 0 §7 | CONTINUATION OF ELECTIVE AND APPOINTIVE OFFICES; ELECTION OF SUCCESSORS; RENEWAL OF OFFICIAL OBLIGATIONS
Sch. 0 §8 | DATE OF COMMENCEMENT OF TERMS OF ELECTIVE OFFICERS
Sch. 0 §9 | DATE OF ABOLITION OF COURTS AND JUDICIAL OFFICES; TRANSFER OF PENDING PROCEEDINGS AND BOOKS, RECORDS AND PAPERS
All writs of error, and appeals and proceedings which, on the said tenth day of June in the year one thousand eight hundred and ninety-seven shall be depending in the Court of Errors and Appeals, and all the books, records and papers of said court, shall be transferred to the Supreme Court established by this amended Constitution; and the said writs of error, appeals and proceedings shall be proceeded in the said Supreme Court to final judgment, decree or other determination.
All suits, proceedings, and matters which, on the said tenth day of June in the year one thousand eight hundred and ninety-seven, shall be depending in the Superior Court, and all books, records and papers of the said court, shall be transferred to the Superior Court established by this amended Constitution, and the said suits, proceedings and matters shall be proceeded in to final judgment, or determination, in the said Superior Court established by this amended Constitution.
All indictments, proceedings and matters which, on the said tenth day of June in the year one thousand eight hundred and ninety-seven, shall be depending in the Court of General Sessions of the Peace and Jail Delivery shall be transferred to and proceeded in to final judgment and determination in the Court of General Sessions established by this amended Constitution, or be otherwise disposed of by the Court of General Sessions, and all books, records and papers of said Court of General Sessions of the Peace and Jail Delivery shall be transferred to the said Court of General Sessions.
All indictments, proceedings and matters which, on the said tenth day of June in the year one thousand eight hundred and ninety-seven, shall be depending in the Court of Oyer and Terminer, shall be transferred to and proceeded in to final judgment and determination in the Court of Oyer and Terminer, established by this amended Constitution, and all books, records and papers of said Court of Oyer and Terminer shall be transferred to said Court of Oyer and Terminer established by this amended Constitution.
All suits, proceedings and matters which, on the said tenth day of June in the year one thousand eight hundred and ninety-seven, shall be depending in the Court of Chancery, or in the Orphans' Court, and all records, books and papers of said courts respectively, shall be transferred to Court of Chancery or Orphans' Court respectively, established by this amended Constitution; and the suits, proceedings and matters, shall be proceeded in to final decree, order or other determination.
Sch. 0 §10 | REGISTERS' COURT AND JURISDICTION OF JUSTICE OF THE PEACE UNAFFECTED
Sch. 0 §11 | PAYMENTS TO CERTAIN INCUMBENT JUDGES NOT REAPPOINTED
Sch. 0 §12 | FIRST BIENNIAL SESSION OF GENERAL ASSEMBLY UNDER CONSTITUTION
Sch. 0 §13 | EXCEPTIONS TO LIMITATIONS ON AMOUNT OF COMPENSATION PAYABLE TO MEMBERS OF GENERAL ASSEMBLY AND PRESIDING OFFICERS
Sch. 0 §14 | RENEWAL OF EXISTING CORPORATIONS UNTIL ENACTMENT OF GENERAL INCORPORATION LAW
Sch. 0 §15 | GUARDIANS' ACCOUNTS
Sch. 0 §16 | TERMS OF OFFICE OF PERSONS HOLDING OFFICE ON EFFECTIVE DATE OF CONSTITUTION
Sch. 0 §17 | VACANCIES IN BOARD OF PARDONS
Sch. 0 §18 | LAWS CONSISTENT WITH CONSTITUTION NOT AFFECTED
Sch. 0 §19 | ENABLING LEGISLATION
DONE IN CONVENTION, the fourth day of June in the year of our Lord one thousand eight hundred and ninety-seven and of the Independence of the United States of America the one hundred and twenty-first.
IN TESTIMONY WHEREOF , we have hereunto subscribed our names.
John Biggs, President.
Edward G. Bradford, Charles B. Evans, George H. Murray, Martin B. Burris, James B. Gilchrist, William P. Orr, Jr., William A. Cannon, Robert G. Harman, Nathan Pratt, Paris T. Carlisle, Jr., Edward D. Hearne, Charles F. Richards, Wilson T. Cavender, Andrew J. Horsey, Lowder L. Sapp, David S. Clark, John W. Hering, William Saulsbury, J. Wilkins Cooch, Andrew L. Johnson, William T. Smithers, Ezekiel W. Cooper, Woodburn Martin, W. C. Spruance, Robert W. Dasey, Elias N. Moore, Isaac K. Wright, Joshua A. Ellegood.
Attest:
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