DELAWARE CONSTITUTION
ARTICLE II
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
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