State of Delaware
CONSTITUTION
As Adopted in Convention, June 4, 1897 with
Amendments Made Subsequently Thereto,
Through July 1, 2023
Legislative Council,
General Assembly
State of Delaware
THE CONSTITUTION OF THE STATE OF DELAWARE
As adopted in convention, June 4, 1897 with Amendments made
subsequently thereto, through July 1, 2023
This document is published as a public service by the Legislative Council,
Division of Research.
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Delaware 19901. Visit us at our web site www.legis.delaware.gov
DELAWARE CONSTITUTION OF 1897 AS AMENDED THROUGH JULY 1, 2023
WE THE PEOPLE, HEREBY ORDAIN AND ESTABLISH THIS CONSTITUTION OF
GOVERNMENT FOR THE STATE OF DELAWARE
PREAMBLE
Through Divine goodness, all people have by nature the rights of worshiping and serving their
Creator according to the dictates of their consciences, of enjoying and defending life and liberty,
of acquiring and protecting reputation and property, and in general of obtaining objects suitable
to their condition, without injury by one to another; and as these rights are essential to their
welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the
institutions of political society is derived from the people, and established with their consent, to
advance their happiness; and they may for this end, as circumstances require, from time to time,
alter their Constitution of government.
ARTICLE I. BILL OF RIGHTS
§ 1. Freedom of religion.
Section 1. Although it is the duty of all persons frequently to assemble together for the public
worship of Almighty God; and piety and morality, on which the prosperity of communities
depends, are hereby promoted; yet no person shall or ought to be compelled to attend any
religious worship, to contribute to the erection or support of any place of worship, or to the
maintenance of any ministry, against his or her own free will and consent; and no power shall or
ought to be vested in or assumed by any magistrate that shall in any case interfere with, or in any
manner control the rights of conscience, in the free exercise of religious worship, nor a
preference given by law to any religious societies, denominations, or modes of worship.
71 Del. Laws, c. 379 72 Del. Laws, c. 136;
§ 2. Religious test for office not required.
Section 2. No religious test shall be required as a qualification to any office, or public trust,
under this State.
§ 3. Free and equal elections.
Section 3. All elections shall be free and equal.
§ 4. Trial by jury.
Section 4. Trial by jury shall be as heretofore.
37 Del. Laws, c. 1 and 38 Del. Laws, Part II, c. 3; 64 Del. Laws, c. 404 and 65 Del. Laws, c. 186;
§ 5. Freedom of press and speech; evidence in libel prosecutions; jury questions.
Section 5. The free communication of thoughts and opinions is one of the invaluable rights of
man. The press shall be free to every citizen who undertakes to examine the official conduct of
persons acting in a public capacity; and any citizen may freely speak, write and print on any
subject, being responsible for the abuse of that liberty. In prosecutions for publications,
investigating the proceedings of officers, or where the matter published is proper for public
information, the truth thereof may be given in evidence; and in all indictments for libels the jury
may determine the facts and the law, as in other cases.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 73 Del. Laws, c. 291 and 74 Del. Laws, c. 112;
§ 6. Searches and seizures.
Section 6. The people shall be secure in their persons, houses, papers and possessions, from
unreasonable searches and seizures; and no warrant to search any place, or to seize any person or
thing, shall issue without describing them as particularly as may be; nor then, unless there be
probable cause supported by oath or affirmation.
§ 7. Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation
of life, liberty or property.
Section 7. In all criminal prosecutions, the accused hath a right to be heard by himself or herself
and his or her counsel, to be plainly and fully informed of the nature and cause of the accusation
against him or her, to meet the witnesses in their examination face to face, to have compulsory
process in due time, on application by himself or herself, his or her friends or counsel, for
obtaining witnesses in his or her favor, and a speedy and public trial by an impartial jury; he or
she shall not be compelled to give evidence against himself or herself, nor shall he or she be
deprived of life, liberty or property, unless by the judgment of his or her peers or by the law of
the land.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 8. Prosecution by indictment or information; double jeopardy; just compensation for
property.
Section 8. No person shall for any indictable offense be proceeded against criminally by
information, except in cases arising in the land or naval forces, or in the militia when in actual
service in time of war or public danger; and no person shall be for the same offense twice put in
jeopardy of life or limb; nor shall any person's property be taken or applied to public use without
the consent of his or her representatives, and without compensation being made.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 9. Courts shall be open; remedy for injury; suits against State.
Section 9. All courts shall be open; and every person for an injury done him or her in his or her
reputation, person, movable or immovable possessions, shall have remedy by the due course of
law, and justice administered according to the very right of the cause and the law of the land,
without sale, denial, or unreasonable delay or expense. Suits may be brought against the State,
according to such regulations as shall be made by law.
60 Del. Laws, c. 519 and 61 Del. Laws, c. 80; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 10. Suspension of laws by General Assembly.
Section 10. No power of suspending laws shall be exercised but by authority of the General
Assembly.
§ 11. Excessive bail or fines; cruel punishments; health of prisoners.
Section 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel
punishments inflicted; and in the construction of jails a proper regard shall be had to the health of
prisoners.
§ 12. Right to bail; access to accused.
Section 12. All prisoners shall be bailable by sufficient sureties, unless for capital offenses when
the proof is positive or the presumption great; and when persons are confined on accusation for
such offenses their friends and counsel may at proper seasons have access to them.
§ 13. Suspension of habeas corpus.
Section 13. The privilege of the writ of habeas corpus shall not be suspended, unless when in
cases of rebellion or invasion the public safety may require it.
§ 14. Commission of oyer and terminer, or jail delivery.
Section 14. No commission of oyer and terminer, or jail delivery, shall be issued.
§ 15. Corruption of blood; forfeiture; descent of suicide's estate.
Section 15. No attainder shall work corruption of blood, nor except during the life of the offender
forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in
case of natural death, and if any person be killed by accident no forfeiture shall thereby be
incurred.
§ 16. Right of assembly; petition for redress of grievances.
Section 16. Although disobedience to laws by a part of the people, upon suggestions of impolicy
or injustice in them, tends by immediate effect and the influence of example not only to endanger
the public welfare and safety, but also in governments of a republican form contravenes the
social principles of such governments, founded on common consent for common good; yet the
citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with
the powers of government, for redress of grievances or other proper purposes, by petition,
remonstrance or address.
§ 17. Standing army; necessity for legislative consent; subordination of military.
Section 17. No standing army shall be kept without the consent of the General Assembly, and the
military shall in all cases and at all times be in strict subordination to the civil power.
§ 18. Prohibition against quartering soldiers in homes.
Section 18. No soldier shall in time of peace be quartered in any house without the consent of the
owner; nor in time of war but by a civil magistrate, in manner to be prescribed by law.
§ 19. Hereditary distinctions; holding office during good behavior; offices and titles from
foreign states.
Section 19. No hereditary distinction shall be granted, nor any office created or exercised, the
appointment to which shall be for a longer term than during good behaviour; and no person
holding any office under this State shall accept of any office or title of any kind whatever from
any king, prince, or foreign State.
§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home
and State, and for hunting and recreational use.
65 Del. Laws, c. 332 and 66 Del. Laws, c. 10;
§ 21. Equal Rights.
Section 21. Equality of rights under the law shall not be denied or abridged on account of race,
color, national origin, or sex.
81 Del. Laws, c. 271 and 82 Del. Laws, c. 1;
WE DECLARE THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF THE
GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED.
ARTICLE II. LEGISLATURE
§ 1. General Assembly to hold legislative power; composition.
Section 1. The legislative power of this State shall be vested in a General Assembly, which shall
consist of a Senate and House of Representatives.
§ 2. Composition of House and Senate; terms of office; districts; election.
Section 2. The House of Representatives shall be composed of thirty-five members, plus such
additional members as shall be provided pursuant to Section 2A of this Article, who shall be
chosen for two years. The Senate shall be composed of twenty-one members, who shall be
chosen for four years.
The State is hereby divided into thirty-five Representative Districts. There shall be such
additional Representative Districts as shall be provided pursuant to Section 2A of this Article.
From each Representative District there shall be chosen, by the qualified electors thereof, one
Representative. The State is also hereby divided into twenty-one Senatorial Districts, from each
of which shall be chosen, by the qualified electors thereof, one Senator. In New Castle County
there shall be seven Senatorial Districts, numbered from one to seven inclusive; in Kent County,
seven Senatorial Districts, numbered from one to seven inclusive; and in Sussex County, seven
Senatorial Districts from one to seven inclusive.
The Representative Districts in New Castle County are and shall be as follows:
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.
The Representative Districts in Kent County are and shall be as follows:
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
Dover Hundred and North Murderkill Hundred.
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 middle of Wolcott street in said town of Harrington, thence running in an easterly direction
along the middle of said Wolcott street to the middle of Dorman street in said town of
Harrington, thence running in a northerly direction along the middle of said Dorman street to
Brown's Branch, thence running in an easterly direction with the course of said Branch to the
Delaware Railroad, thence running in a northerly direction along said Delaware Railroad to
Beaver Dam Branch in South Murderkill Hundred, thence following the course of said Beaver
Dam Branch in a northwesterly direction to the public road leading from Felton to
Whiteleysburg, thence running in a northeasterly direction along the middle of the said public
road from Felton to Whiteleysburg to the Owl's Nest road, thence running in a northerly
direction along the middle of the said Owl's Nest road to the intersection of the Cowgill road
from Woodside to Petersburg, thence running in a northerly direction along the middle of the
said Cowgill road to the Reed road running from Woodside to DuPont's school house, thence
running in a northwesterly direction along the middle of the said Reed road to DuPont's school
house, thence running in a northerly direction along the middle of the public road leading from
Willow Grove to Camden, a short distance to Stubb's Corner, thence running in a westerly and
northwesterly and westerly direction along the middle of the public road leading from DuPont's
school house to the Almshouse to Gray's Corner, thence continuing in a direct westerly line to
the southern boundary line of West Dover Hundred, thence following the southern boundary line
of West Dover Hundred in a westerly direction to the State of Maryland, thence running in a
southerly direction along the eastern boundary line to the State of Maryland to the place of
beginning.
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.
The Representative Districts in Sussex County are and shall be as follows:
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.
The Senatorial Districts in New Castle County are and shall be as follows:
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.
The Senatorial Districts in Kent County are and shall be as follows:
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.
The Senatorial Districts in Sussex County are and shall be as follows:
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.
The first Senators elected from the Sixth Senatorial Districts of Kent and Sussex Counties shall
serve for a two year term only, thereafter their successors shall serve for a full four year term.
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 east of a straight line including the central line of Market street, below Eighth street, as
the said two streets now exist, and south of a straight line including the central line of Eighth
street, as the same now exists, shall become part of Representative District number one.
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 north of a straight line including the central line of Eighth street, extended from the
Delaware River westwardly, shall become part of Senatorial District number one.
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.
Whenever by the extension of the limits of the City of Wilmington territory forming part of any
Representative or Senatorial District, as hereby established, shall be included within the limits of
the said city, such Representative or Senatorial District shall thereafter consist of the residue
thereof, not so included within said limits.
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.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;
§ 2A. Additional representative districts.
Section 2A. In addition to the existing 35 Representative Districts as set forth in Section 2 of this
Article, there shall be additional Representative Districts as hereafter provided.
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.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;
§ 2B. Delegates to Constitutional Convention.
Section 2B. The number of delegates and the method of electing delegates to the Constitutional
Convention as provided in Section 2, Article 16, shall not be effected by the addition of
Representatives or Representative Districts, pursuant to Section 2A of this Article. The
Representative Districts which shall elect delegates to the Constitutional Convention are as set
forth in Section 2 of this Article.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;
§ 3. Qualifications of members; commencement of terms of members.
Section 3.
(a) No person shall be a Senator who shall not have attained the age of twenty-seven years and
have been a citizen and inhabitant of the State three years next preceding the day of his or her
election and the last year of that term an inhabitant of the Senatorial District in which he or she
shall be chosen, unless he or she shall have been absent on the public business of the United
States or of this State. No person shall be a Representative who shall not have attained the age of
twenty-four years, and have been a citizen and inhabitant of the State three years next preceding
the day of his or her election, and the last year of that term an inhabitant of the Representative
District in which he or she shall be chosen, unless he or she shall have been absent on the public
business of the United States or of this State.
(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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 362 and 84 Del. Laws, c. 8; 83
Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 4. Time and frequency of sessions.
Section 4. The General Assembly shall convene on the second Tuesday of January of each
calendar year unless otherwise convened by the Governor, or by mutual call of the presiding
officers of both Houses.
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.
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 56 Del. Laws, c. 381 and 57 Del. Laws, c. 289; 83
Del. Laws, c. 324 and 84 Del. Laws, c. 17;
§ 5. Place of meeting.
Section 5. The General Assembly shall meet and sit in Dover, the capital of the State; provided,
however, that in periods of emergency resulting from enemy attack, terrorism, disease, accident,
or other natural or man-made disaster the General Assembly may temporarily meet and sit
elsewhere.
80 Del. Laws, c. 399 and 81 Del. Laws, c. 339;
§ 6. Vacancies; tenure of office of persons elected to fill.
Section 6. Whenever there shall be a vacancy in either House of the General Assembly, by
reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election shall be
issued by the presiding officer of the House in which the vacancy exists, or in case of necessity
in such other manner as shall be provided by law; and the person thereupon chosen to fill such
vacancy shall hold office for the residue of the term. And whenever there shall be such vacancy
in either House, and the General Assembly is not in session, the Governor shall have power to
issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the
presiding officer of either House in case of vacancy, and the person thereupon chosen to fill such
vacancy shall hold office for the residue of the term.
§ 7. President pro tempore, Speaker and other officers; absence of presiding officers.
Section 7. The Senate at the first annual session of every new General Assembly shall choose
one of its members president pro tempore, who shall preside in the absence of the Lieutenant-
Governor, or in case the latter shall become Governor or while he or she continues in the
exercise of the office of Governor by reason of disability of the Governor. The Senate shall also
choose its other officers and in the absence of the Lieutenant-Governor and its president pro
tempore may, from time to time, as occasion may require, appoint one of its members to preside.
The House of Representatives at such first annual session shall choose one of its members
speaker and also choose its other officers, and in the absence of the speaker may from time to
time, as occasion may require, appoint one of its members to preside.
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 53 Del. Laws, c. 379 and 54 Del. Laws, c. 12; 71
Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 8 Each House as judge of elections and qualifications of its members; quorum;
adjournments; compelling attendance.
Section 8. Each House shall be the judge of the elections, returns and qualifications of its own
members; and a majority of all the members elected to each House shall constitute a quorum to
do business; but a smaller number may adjourn from day to day, and shall have power to compel
the attendance of absent members, in such manner and under such penalties, as shall be deemed
expedient.
§ 9. Rules; punishment and expulsion of members; scope of powers.
Section 9. Each House may determine the rules of its proceedings, punish any of its members for
disorderly behavior, and with the concurrence of two-thirds of all the members elected thereto
expel a member, and shall have all other powers necessary for a branch of the Legislature of a
free and independent State.
§ 10. Journals; publication; entry of yeas and nays; passage of bills and resolutions.
Section 10. Each House shall keep a journal of its proceedings, and publish the same
immediately after every session, except such parts as may require secrecy. The names of the
members voting for and against any bill or joint resolution, except in relation to adjournment,
shall on the final vote be entered on the journal; and the yeas and nays of the members on any
question shall, at the desire of any member, be entered on the journal. No bill or joint resolution,
except in relation to adjournment, shall pass either House unless the final vote shall have been
taken by yeas and nays, nor without the concurrence of a majority of all the members elected to
each House.
26 Del. Laws, c. 1 and 27 Del. Laws, c. 1;
§ 11. Accessibility to each House and Committees of the Whole.
Section 11. The doors of each House, and of Committees of the Whole, shall be open unless
when the business is such as ought to be kept secret.
§ 12. Consent of each House to adjournment.
Section 12. Neither House shall, without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses shall be sitting.
§ 13. Immunity from arrest and questioning of speeches.
Section 13. The Senators and Representatives shall, in all cases, except treason, felony or breach
of the peace, be privileged from arrest during their attendance at the session of their respective
Houses, and in going to and returning from the same; and for any speech or debate in either
House they shall not be questioned in any other place.
§ 14. Holding dual office or having interest in army or navy contract.
Section 14. No Senator or Representative shall, during the time for which he or she shall have
been elected, be appointed to any civil office under this State which shall have been created, or
the emoluments of which shall have been increased during such time. No member of Congress,
nor any person holding any office under this State, or the United States, except officers usually
appointed by the courts of justice respectively, attorneys-at-law and officers of the militia,
holding no disqualifying office, shall during his or her continuance in Congress or in office be a
Senator or Representative; nor shall any person while concerned in any army or navy contract be
a Senator or Representative.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 15. Compensation, expenses and allowances of members.
Section 15. The President of the Senate and members of the General Assembly shall receive an
annual salary and an annual expense allowance for transportation and such other necessary and
proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder
shall be paid out of the Treasury of the State.
29 Del. Laws, c. 1 and 30 Del. Laws, c. 15; 46 Del. Laws, c. 322 and 47 Del. Laws, c. 13; 51
Del. Laws, c. 270 and 52 Del. Laws, c. 1; 54 Del. Laws, c. 371 and 55 Del. Laws, c. 1; 55 Del.
Laws, c. 467 and 56 Del. Laws, c. 19; 59 Del. Laws, c. 447 and 60 Del. Laws, c. 52;
§ 16. Restriction of bills and resolutions to one subject; expression in title; exception.
Section 16. No bill or joint resolution, except bills appropriating money for public purposes,
shall embrace more than one subject, which shall be expressed in its title.
§ 17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except the following:
(a) Lotteries under State control for the purpose of raising funds,
(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:
(1) within the enclosure of any racetrack licensed under the laws of the State to conduct a
race meeting, or
(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.
(d) Bingo games as conducted under the limitations of Section 17A.
The General Assembly shall enforce this Section by appropriate legislation.
39 Del. Laws, c. 2 and 40 Del. Laws, c. 1; 58 Del. Laws, c. 312 and 59 Del. Laws, c. 143; 63
Del. Laws, c. 22 and 64 Del. Laws, c. 54; 67 Del. Laws, c. 241 and 68 Del. Laws, c. 4;
§ 17A. Bingo games; organizations authorized to conduct; submission to referendum;
districts; regulation; penalties.
Section 17A. The game of Bingo shall be lawful when sponsored and conducted by Volunteer
Fire Companies, Veterans' Organizations, Religious or Charitable Organizations, or by Fraternal
Societies provided the net receipts or profits arising from the conducting or operating of such
Bingo games by the aforementioned Companies, Organizations, or Societies are used solely for
the promotion or achievement of the purposes of such Companies, Organizations, or Societies,
and provided further that the aforementioned Companies, Organizations or Societies are operated
in a manner so as to come within the provisions of Section 170 of the U. S. Revenue Code and
Regulations promulgated thereunder by the U. S. Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified
electors of the several districts of the State, or any of them, mentioned in subparagraph 2 of
Section 17A of this article at the General Election held in 1958, the question whether the playing
of the game of "Bingo" shall be licensed or prohibited within the limits thereof; and in every
district in which there is a majority against license, no organization, mentioned in Section 17A,
shall thereafter sponsor or permit the playing of "Bingo", within said district, until at a
subsequent submission of such question a majority of votes shall be cast in said district for
license. Whenever a majority of all the members elected to each House of the General Assembly
by the qualified electors in any district named in subparagraph 2 of Section 17A of this Article
shall request the submission of the question of license or no license to a vote of the qualified
electors in said district, the General Assembly shall provide for the submission of such question
to the qualified electors in such district at the next general election thereafter.
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.
50 Del. Laws, c. 612 and 51 Del. Laws, c. 61;
§ 17B. Lotteries not under State control; organizations authorized to conduct; submission
to referendum; districts; regulation; penalties.
Section 17B. Lotteries not under State control shall be lawful when sponsored and conducted by
volunteer fire companies, veterans organizations, religious or charitable organizations, or by
fraternal societies provided that said company, organization or society has been in existence a
minimum of 2 years and provided the net receipts or profits arising from the conducting or
operating of such lotteries by the aforementioned companies, organizations or societies are used
solely for the promotion or achievement of the purposes of such companies, organizations or
societies, and provided further that the aforementioned companies, organizations or societies are
operated in a manner so as to come within § 170 of the United States Revenue Code and
regulations promulgated thereunder by the United States Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified
electors of the several districts of the State, or any of them, mentioned in paragraph 2 of this
section at the general election held in 1984, the question whether the playing of lotteries not
under State control shall be licensed or prohibited within the limits thereof; and in every district
in which there is a majority against license, no organization, mentioned in this section, shall
thereafter sponsor or permit lotteries not under State control, within said district, until at a
subsequent submission of such question a majority of votes shall be cast in said district for
license. Whenever a majority of all the members elected to each House of the General Assembly
by the qualified electors in any district named in paragraph 2 of this section shall request the
submission of the question of license or no license to a vote of the qualified electors in said
district, the General Assembly shall provide for the submission of such question to the qualified
electors in such district at the next general election thereafter.
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.
63 Del. Laws, c. 22 and 64 Del. Laws, c. 54;
§ 18. Divorce or alimony.
Section 18. No divorce shall be granted, nor alimony allowed, except by the judgment of a court,
as shall be prescribed by general and uniform law.
§ 19. Local or special laws relating to fences, livestock, ditches, school districts, and roads,
highways, streets, etc.
Section 19. The General Assembly shall not pass any local or special law relating to fences; the
straying of livestock; ditches; the creation or changing the boundaries of school districts; or the
laying out, opening, alteration, maintenance or vacation, in whole or in part of any road,
highway, street, lane or alley; provided, however, that the General Assembly may by a vote of
two-thirds of all the members elected to each House pass laws relating to the laying out, opening,
alteration or maintenance of any road or highway which forms a continuous road or highway
extending through at least a portion of the three counties of the State.
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.
26 Del. Laws, c. 2 and 27 Del. Laws, c. 2; 63 Del. Laws, c. 119 and 64 Del. Laws, c. 405;
§ 20. Disclosure of personal or private interest of legislator in any pending measure.
Section 20. Any member of the General Assembly who has a personal or private interest in any
measure or bill pending in the General Assembly shall disclose the fact to the House of which he
or she is a member and shall not vote thereon.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 21. Conviction of crime as ban to public office.
Section 21. No person who shall be convicted of embezzlement of the public money, bribery,
perjury or other infamous crime, shall be eligible to a seat in either House of the General
Assembly, or capable of holding any office of trust, honor or profit under this State.
§ 22. Bribery of executive, judicial or legislative officers.
Section 22. Every person who shall give, offer or promise, directly or indirectly, any money,
testimonial, privilege, personal advantage or thing of value to any executive or judicial officer of
this State or to any member of either House of the General Assembly for the purpose of
influencing him or her in the performance of any of his or her official or public duties shall be
deemed guilty of bribery, and shall be punished in such manner as shall be provided by law.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 23. Statutes as public laws unless otherwise declared.
Section 23. Every statute shall be a public law unless otherwise declared in the statute itself.
§ 24. Settlement of accounts of State Treasurer; ineligibility for legislative office until
settlement.
[Repealed.]
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83
Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 25. Laws permitting zoning ordinances and use of land.
Section 25. The General Assembly may enact laws under which municipalities and the County of
Sussex and the County of Kent and the County of New Castle may adopt zoning ordinances,
laws or rules limiting and restricting to specified districts and regulating therein buildings and
structures according to their construction and the nature and extent of their use, as well as the use
to be made of land in such districts for other than agricultural purposes; and the exercise of such
authority shall be deemed to be within the police power of the State.
35 Del. Laws, c. 1 and 36 Del. Laws, c. 1; 47 Del. Laws, c. 323 and 48 Del. Laws, c. 79; 54 Del.
Laws, c. 368 and 55 Del. Laws, c. 7; 54 Del. Laws, c. 369 and 55 Del. Laws, c. 8;
ARTICLE III. EXECUTIVE
§ 1. Governor to be supreme executive.
Section 1. The supreme executive powers of the State shall be vested in a Governor.
§ 2. Election of Governor.
Section 2. The Governor shall be chosen by the qualified electors of the State, once in every four
years, at the general election.
§ 3. Election returns, publications; election by General Assembly.
Section 3. The returns of every election for Governor shall be sealed up and immediately
transmitted to the President of the Senate, or in case of a vacancy in the office of President of the
Senate, or his or her absence from the State to the Secretary of State, who shall keep the same
until a President of the Senate shall be chosen, to whom they shall be immediately transmitted
after his or her election, who shall open and publish the same in the presence of the members of
both Houses of the General Assembly. Duplicates of the said returns shall also be immediately
lodged with the Prothonotary of each county. The person having the highest number of votes
shall be Governor; but if two or more shall be equal in the highest number of votes, the members
of the two Houses shall, by joint ballot, choose one of them to be Governor; and if, upon such
ballot, two or more of them shall still be equal and highest in votes, the President of the Senate
shall have the casting vote.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 4. Contested elections of Governor or Lieutenant-Governor.
Section 4. Contested elections of the Governor or Lieutenant-Governor shall be determined by a
joint committee, consisting of one-third of all the members elected to each House of the General
Assembly, to be selected by ballot of the Houses respectively. Every member of the committee
shall take an oath or affirmation that in determining the said election he or she will faithfully
discharge the trust reposed in him or her; and the committee shall always sit with open doors.
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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 5. Term of office.
Section 5. The Governor shall hold his or her office during four years from the third Tuesday in
January next ensuing his or her election; and shall not be elected a third time to said office.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 6. Qualifications.
Section 6. The Governor shall be at least thirty years of age, and have been a citizen and
inhabitant of the United States twelve years next before the day of his or her election, and the last
six years of that term an inhabitant of this State, unless he or she shall have been absent on public
business of the United States or of this State.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 7. Compensation.
Section 7. The Governor shall, at stated times, receive for his or her services an adequate salary
to be fixed by law, which shall be neither increased nor diminished during the period for which
he or she shall have been elected.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 8. Governor as commander-in-chief of state armed forces.
Section 8. He or she shall be commander-in-chief of the army and navy of this State, and of the
militia, except when they shall be called into the service of the United States.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 9. Appointing power; recess appointments; confirmation.
Section 9. He or she shall have power, unless herein otherwise provided, to appoint, by and with
the consent of a majority of all the members elected to the Senate, such officers as he or she is or
may be authorized by this Constitution or by law to appoint. He or she shall have power to fill all
vacancies that may happen during the recess of the Senate, in offices to which he or she may
appoint, except in the offices of Chancellor, Chief Justice and Judges, by granting Commissions
which shall expire at the end of the next session of the Senate.
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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 77
Del. Laws, c. 415 and 78 Del. Laws, c. 182;
§ 10. Secretary of State; appointment, term, duties and compensation.
Section 10. The Governor shall appoint, by and with the consent of a majority of all the members
elected to the Senate, a Secretary of State, who shall hold office during the pleasure of the
Governor. He or she shall keep a fair register of all the official acts and proceedings of the
Governor, and shall, when required by either House of the General Assembly lay the same, and
all papers, minutes and vouchers, relative thereto, before such House, and shall perform such
other duties as shall be enjoined upon him or her by law. He or she shall have a compensation for
his or her service to be fixed by law. The Secretary of State shall become a bona fide resident of
the State within six months after his or her appointment; provided, however, that upon good
cause shown, the Governor may grant an additional extension of six months. After becoming a
resident of the State, the Secretary shall continuously be a resident of the State as long as he or
she retains office. Failure to obtain or retain such residency shall be an automatic resignation
from office.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 72 Del. Laws, c. 24; and 73 Del. Laws, c. 16;
§ 11. County officers; qualifications; members of Congress, federal employees and other
officers holding dual office.
Section 11. No person shall be elected or appointed to an office within a county who shall not
have a right to vote for a Representative in the General Assembly, and have been a resident
therein one year next before his or her election or appointment, nor hold the office longer than he
or she continues to reside in the county, unless herein otherwise provided.
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.
57 Del. Laws, c. 291 and 58 Del. Laws, c. 110; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 12. Commissions.
Section 12. All Commissions shall be in the name of the State, and shall be sealed with the great
seal and signed by the Governor.
§ 13. Removal of officers by Governor; procedure.
Section 13. The Governor may for any reasonable cause remove any officer, except the
Lieutenant-Governor and members of the General Assembly, upon the address of two-thirds of
all the members elected to each House of the General Assembly. Whenever the General
Assembly shall so address the Governor, the cause of removal shall be entered on the journals of
each House. The person against whom the General Assembly may be about to proceed shall
receive notice thereof, accompanied with the cause alleged for his or her removal, at least ten
days before the day on which either House of the General Assembly shall act thereon.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 14. Reports from executive departments.
Section 14. The Governor may require information in writing from the officers in the executive
department, upon any subject relating to the duties of their respective offices.
§ 15. Messages to General Assembly.
Section 15. He or she shall, from time to time, give to the General Assembly information of
affairs concerning the State and recommend to its consideration such measures as he or she shall
judge expedient.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 16. Special sessions of General Assembly; adjournment; special session of Senate.
Section 16. He or she may on extraordinary occasions convene the General Assembly by
proclamation; and in case of disagreement between the two Houses with respect to the time of
adjournment, adjourn them to such time as he or she shall think proper, not exceeding three
months. He or she shall have power to convene the Senate in extraordinary session by
proclamation, for the transaction of executive business.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 17. Execution of laws.
Section 17. He or she shall take care that the laws be faithfully executed.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 18 Approval or veto of bills, orders, resolutions or votes; repassage over veto.
Section 18.
(a) Every bill which shall have passed both Houses of the General Assembly shall, before it
becomes law, be presented to the Governor; if he or she approves, he or she shall sign it; but if he
or she shall not approve, he or she shall return it with his or her objections to the House in which
it shall have originated, which House shall enter the objections at large on the journal and
proceed to reconsider it. If, after such reconsideration, three-fifths of all the members elected to
that House shall agree to pass the bill, it shall be sent together with the objections to the other
House, by which it shall likewise be reconsidered, and if approved by three-fifths of all the
members elected to that House, it shall become a law; but in neither House shall the vote be
taken on the day on which the bill shall be returned to it. In all such cases the votes of both
Houses shall be determined by yeas and nays, and the names of the members voting for and
against the bill shall be entered on the journal of each House respectively. If any bill shall not be
returned by the Governor within ten days, Sundays excepted, after it shall have been presented to
him or her, the same shall be a law in like manner as if he or she had signed it, unless the General
Assembly shall, by final adjournment, prevent its return, in which case it shall not become a law
without the approval of the Governor.
(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.
49 Del. Laws, c. 432 and 50 Del. Laws, c. 607; 53 Del. Laws, c. 378 and 54 Del. Laws, c. 11; 71
Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 19. Lieutenant-Governor; election, term and qualifications; President of the Senate;
compensation.
Section 19. A Lieutenant-Governor shall be chosen at the same time, in the same manner, for the
same term, and subject to the same provisions as the Governor; he or she shall possess the same
qualifications of eligibility for office as the Governor; he or she shall be President of the Senate,
but shall have no vote unless the Senate be equally divided.
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.
47 Del. Laws, c. 326 and 48 Del. Laws, c. 110; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 20. Vacancy in offices of both Governor and Lieutenant-Governor; officers eligible to act;
disability of Governor.
Section 20.
(a) In case the person elected Governor shall die or become disqualified before the
commencement of his or her term of office, or shall refuse to take the same, or in case of the
removal of the Governor from office, or of his or her death, resignation, or inability to discharge
the powers and duties of the said office, the same shall devolve on the Lieutenant-Governor; and
in case of removal, death, resignation, or inability of both the Governor and Lieutenant-
Governor, the Secretary of State, or if there be none, or in case of his or her removal, death,
resignation, or inability, then the Attorney-General, or if there be none, or in case of his or her
removal, death, resignation, or inability, then the President pro tempore of the Senate or if there
be none, or in case of his or her removal, death, resignation, or inability, then the Speaker of the
House of Representatives shall act as Governor until the disability of the Governor or
Lieutenant-Governor is removed, or a Governor shall be duly elected and qualified.
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.
56 Del. Laws, c. 403 and 57 Del. Laws, c. 295; 71 Del. Laws, c. 379 and 72 Del. Laws, c.
136; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 21. Election and term of office for certain state officers.
Section 21. The terms of the Office of the Attorney General, the Insurance Commissioner, the
Auditor of Accounts and the State Treasurer shall be 4 years. These officers shall be chosen by
the qualified electors of the State at general elections, and be commissioned by the Governor.
61 Del. Laws, c. 529 and 62 Del. Laws, c. 273;
§ 22. Election and term of office of certain county officers; commission.
Section 22. The terms of office of Clerks of the Peace, Registers of Wills, Recorders, and
Sheriffs shall be 4 years. These officers shall be chosen by the qualified electors of the respective
counties at general elections, and be commissioned by the Governor.
57 Del. Laws, c. 291 and 58 Del. Laws, c. 110; 62 Del. Laws, c. 271 and 63 Del. Laws, c.
211; 64 Del. Laws, c. 178 and 65 Del. Laws, c. 235; 66 Del. Laws, c. 342 and 67 Del. Laws, c.
96; 72 Del. Laws, c. 357 and 73 Del. Laws, c. 98; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 23. Place of office of certain county officers.
Section 23. Prothonotaries, Clerks of the Peace, Registers of Wills, Recorders and Sheriffs shall
keep their offices in the town or place in each county in which the Superior Court is usually held.
72 Del. Laws, c. 357 and 73 Del. Laws, c. 98; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 24. Date of commencement of terms of certain State and County elective officers.
The terms of office of all State and County officers made elective by this Constitution begin on
the first Tuesday in January next after their election, unless otherwise provided in this
Constitution.
55 Del. Laws, c. 425 and 56 Del. Laws, c. 148; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 83
Del. Laws, c. 351 and 84 Del. Laws, c. 18;
ARTICLE IV. JUDICIARY
§ 1. Creation of courts.
Section 1. The judicial power of this State shall be vested in a Supreme Court, a Superior Court,
a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's Court, Justices of
the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of
all the Members elected to each House, shall have by law established prior to the time this
amended Article IV of this Constitution becomes effective or shall from time to time by law
establish after such time.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 2. Justices of Supreme Court and other State Judges; qualifications; residence;
precedence.
Section 2. There shall be five Justices of the Supreme Court who shall be citizens of the State
and learned in the law. One of them shall be the Chief Justice who shall be designated as such by
his or her appointment and who when present shall preside at all sittings of the Court. In the
absence of the Chief Justice the Justice present who is senior in length of service shall preside. If
it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot
and certify accordingly to the Governor.
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: (1) the Chancellor and the Vice-
Chancellors; (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.
There shall also be such number of additional Vice-Chancellors and Judges as may hereinafter be
provided for by Act of the General Assembly. Each of such Vice-Chancellors and Judges shall
be citizens of the State and learned in the law.
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.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 52 Del. Laws, c. 195 and 53 Del. Laws, c. 301; 60 Del. Laws, c. 540 and 61 Del. Laws, c.
533; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c.
53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;
§ 3. Appointment of judges; terms of office; vacancies; political representation;
confirmation of appointment.
Section 3. The Chief Justice and Justices of the Supreme Court, the Chancellor and Vice-
Chancellors of the Court of Chancery, the President Judge and Judges of the Superior Court, the
Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of
Common Pleas, and the Chief Magistrate of the Justice of the Peace Court shall be appointed by
the Governor, by and with the consent of a majority of all the members elected to the Senate, for
a term of 12 years each, and the persons so appointed shall enter upon the discharge of the duties
of their respective offices upon taking the oath of office prescribed by this Constitution. The
Governor shall submit his or her appointment within a period from 30 days before to 90 days
after the occurrence of a vacancy howsoever caused. If a vacancy shall occur, by expiration of
term or otherwise, at a time when the Senate shall not be in session, the Governor shall within a
period from 30 days before to 90 days after the happening of any such vacancy convene the
Senate for the purpose of confirming his or her appointment to fill said vacancy and the
transaction of such other executive business as may come before it. Such vacancy shall be filled
as aforesaid for the full term. Notwithstanding a vacancy, whether occurring when the Senate is
or is not in session, an incumbent whose term has expired may hold over in office until the
incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in
no event shall an incumbent whose term has expired hold over in office for more than 90 days
after the expiration of the term. In all instances, the term of a new or reappointed Chief Justice or
Justice of the Supreme Court, Chancellor or Vice-Chancellor of the Court of Chancery, President
Judge or Judge of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief
Judge and Judges of the Court of Common Pleas, or Chief Magistrate of the Justice of the Peace
Court shall begin after the occurrence of the vacancy and on the date the oath of office is taken,
thus qualifying the individual to serve, but the appointment shall be forfeited if such oath is not
taken within 30 days of confirmation.
Appointments to the office of the State Judiciary shall at all times be subject to all of the
following limitations:
First, three of the five Justices of the Supreme Court in office at the same time, shall be of one
major political party, and two of said Justices shall be of the other major political party.
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.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 50 Del. Laws, c. 64 and 51 Del. Laws, c. 97; 52 Del. Laws, c. 192 and 53 Del. Laws, c.
302; 60 Del. Laws, c. 540 and 61 Del. Laws, c. 533; 63 Del. Laws, c. 377 and 64 Del. Laws, c.
179; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c.
53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 76 Del. Laws, c. 416 and 77 Del. Laws, c.
433; 80 Del. Laws, c. 345 and 81 Del. Laws, c. 10;
§ 4. Compensation of judges; method of payment; receipt of other fees or holding other
office.
Section 4. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice-
Chancellors, the President Judge and Judges of the Superior Court, the Chief Judge and Judges
of the Family Court, the Chief Judge and Judges of the Court of Common Pleas and the Chief
Magistrate of the Justice of the Peace Court shall respectively receive from the State for their
services compensations which shall be fixed by law and paid monthly and they shall not receive
any fees or perquisites in addition to their salaries for business done by them except as provided
by law. They shall hold no other office of profit.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c.
11; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;
§ 5. Composition of Superior Court; presiding judge; quorum.
Section 5. The President Judge of the Superior Court and the Judges thereof shall compose the
Superior Court, as hereinafter prescribed. In each of the said courts the President Judge when
present shall preside, and in his or her absence the senior Judge present shall preside.
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.
26 Del. Laws, c. 3 and 27 Del. Laws, c. 3; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50
Del. Laws, c. 608 and 51 Del. Laws, c. 20; 52 Del. Laws, c. 194 and 53 Del. Laws, c. 300; 71
Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75
Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 6. Sessions of Superior Court.
Section 6. Subject to the provisions of Section 5 of this Article two or more sessions of the
Superior Court may at the same time be held in the same County or in different Counties.
26 Del. Laws, c. 3 and 27 Del. Laws, c. 3; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50
Del. Laws, c. 608 and 51 Del. Laws, c. 20; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 7. Jurisdiction of Superior Court.
Section 7. The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal
and mixed, at common law and all the other jurisdiction and powers vested by the laws of this
State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers
vested by the laws of this State in the formerly existing Court of General Sessions of the Peace
and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this
State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction
and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 7A. Jurisdiction of Family Court.
Section 7A. The Family court shall have all the jurisdiction and powers vested by the laws of this
State in the Family Court.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 7B. Jurisdiction of Court of Common Pleas.
Section 7B. The Court of Common Pleas shall have all the jurisdiction and powers vested by the
laws of this State in the Court of Common Pleas.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 8. Definitions of particular terms.
Section 8. The phrase "Supreme Court" as used in Section 4 of Article V of this Constitution and
the phrases "Superior Court," "Court of General Sessions of the Peace and Jail Delivery," "Court
of Oyer and Terminer" and "Court of General Sessions" wherever found in the law of this State,
elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to
mean, and hereafter printed as, the Superior Court provided for in this amended Article IV of this
Constitution; and the phrase "Chief Justice" wherever found in the law of this State existing at
the time this amended Article IV of this Constitution becomes effective, elsewhere than in this
amended Article IV of this Constitution, shall be read as and taken to mean, and hereafter printed
as President Judge of the Superior Court, as provided for in this amended Article IV of this
Constitution.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 9. Jurisdiction of Orphans' Court.
Repealed 75 Del. Laws, c. § 53
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 10. Composition and jurisdiction of Court of Chancery; initiation and decisions in causes
and proceedings.
Section 10. The Chancellor and the Vice-Chancellor or Vice-Chancellors shall hold the Court of
Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the
jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or
matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the
application may be made directly to the Chancellor or a Vice-Chancellor. Causes or proceedings
in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the
Chancellor or Vice-Chancellor who hears them, respectively.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20;
§ 11. Jurisdiction of Supreme Court.
Section 11. The Supreme Court shall have jurisdiction as follows:
(1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all
matters of appeal in the interlocutory or final judgments and other proceedings of said Superior
Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if
supported by evidence, shall be conclusive.
(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.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 51 Del. Laws, c. 79 and 52 Del. Laws, c. 240; 63
Del. Laws, c. 325 and 64 Del. Laws, c. 180; 68 Del. Laws, c. 375 and 69 Del. Laws, c. 2; 70 Del.
Laws, c. 396 and 71 Del. Laws, c. 33; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del.
Laws, c. 384 and 76 Del. Laws, c. 37; 78 Del. Laws, c. 316 and 79 Del. Laws, c. 97; 79 Del.
Laws, c. 270 and 80 Del. Laws, c. 29;
§ 12. Composition of Supreme Court; designation of temporary Justices; quorum; opening
and adjourning court.
Section 12. A quorum of the Supreme Court shall consist of not less than three Justices. The
entire Court shall sit in any criminal case in which the accused has been sentenced to death and
in such other civil and criminal cases as the Court, by rule, or the General Assembly, upon the
concurrence of two-thirds of all the members elected to each house, shall determine. In case of a
lack of quorum by reason of vacancies in their number, incapacity, or disqualification to sit by
reason of interest, or to constitute a three-member panel of the Court, the Chief Justice of the
Supreme Court, or in case of his or her absence from the State, disqualification, incapacity, or if
there be a vacancy in that office, the next qualified and available Justice, who by seniority is next
in rank to the Chief Justice, shall have the power to designate judges from among the judges of
the constitutional courts to sit in the Supreme Court temporarily to satisfy the number of Justices
required by law. It shall be the duty of the judges of the constitutional courts so designated to sit
accordingly. No judge shall be so designated to sit in the Supreme Court in any cause in which
he or she sat below. Any one of the Justices of the Supreme Court may open and adjourn court.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 60 Del. Laws, c. 540 and 61 Del. Laws, c. 533; 68 Del. Laws, c. 265 and 69 Del. Laws, c.
175; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 13. Administrative head of courts; supervisory powers; designation of judges to sit in
Court of Chancery, or the Superior Court.
Section 13. The Chief Justice of the Supreme Court, or in case of his or her absence from the
State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and
available Justice who by seniority is next in rank to the Chief Justice shall be administrative head
of all the courts in the State, and shall have general administrative and supervisory powers over
all the courts. Such powers shall include but shall not be limited to the following:
(1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the
administration of justice and the conduct of the business of any or all the courts in this State:
Provided, however, that any other of the courts in this State may from time to time, subject to the
exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court,
adopt rules of pleading practice and procedure applicable to such 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.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; 68 Del. Laws, c. 265 and 69 Del. Laws, c.
175; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c.
53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 14. Power of law judges to grant restraining orders and preliminary injunctions.
Section 14. The President Judge of the Superior Court or any Judge shall have power, in the
absence of the Chancellor and all the Vice-Chancellors from the county where any suit in equity
may be instituted or during the temporary disability of the Chancellor and all the Vice-
Chancellors, to grant restraining orders, and the said President Judge or any Judge shall have
power, during the absence of the Chancellor and all the Vice-Chancellors from the State or his or
her and their temporary disability, to grant preliminary injunctions pursuant to the rules and
practice of the Court of Chancery; provided that nothing herein contained shall be construed to
confer general jurisdiction over the case.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c.
53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 15. Judges ad litem; limitation and expiration of commission; compensation; persons not
disqualified.
Section 15. The Governor shall have power to commission a judge or judges ad litem to sit in
any cause in any of said Courts when by reason of legal exception to the Judges authorized to sit
therein, or for other cause, there are not a sufficient number of Judges available to hold such
Court. The commission in such case shall confine the office to the cause and it shall expire on
the determination of the cause. The judge so appointed shall receive reasonable compensation to
be fixed by the General Assembly. A Member of Congress, or any person holding or exercising
an office under the United States, shall not be disqualified from being appointed a judge ad litem.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 16. Scope of jurisdiction and process; costs.
Section 16. The jurisdiction of each of the aforesaid courts shall be coextensive with the State.
Process may be issued out of each court, in any county, into every county. No costs shall be
awarded against any party to a cause by reason of the fact that suit is brought in a county other
than that in which the defendant or defendants may reside at the time of bringing suit.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 17. Jurisdictional changes by General Assembly; appeals to Supreme Court.
Section 17. The General Assembly, notwithstanding anything contained in this Article, shall
have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former
Court of Oyer and Terminer, the former Superior Court, the former Court of General Sessions of
the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby
established, the Family Court hereby established, the Court of Common Pleas hereby established
or the Court of Chancery, in any matter, or giving any power to any of the said courts. The
General Assembly shall also have power to confer upon the Superior Court, the Family Court,
the Court of Common Pleas and the Court of Chancery jurisdiction and powers in addition to
those hereinbefore mentioned. Until the General Assembly shall otherwise direct, there shall be
an appeal to the Supreme Court in all cases in which there is an appeal, according to any Act of
the General Assembly, to the former Court of Errors and Appeals or to the former Supreme
Court of this State.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 18. Powers of Chancellor, Vice-Chancellors and Judges.
Section 18. Until the General Assembly shall otherwise provide, the Chancellor and the Vice-
Chancellor or Vice-Chancellors, respectively, shall exercise all the powers which any law of this
State vests in the Chancellor, besides the general powers of the Court of Chancery, and the
President Judge of the Superior Court and the Judges of said Courts shall each singly exercise all
the powers which any law of this State vests in the Judges singly of the former Superior Court,
whether as members of the Court or otherwise.
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.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 19. Instructions to jury.
Section 19. Judges shall not charge juries with respect to matters of fact, but may state the
questions of fact in issue and declare the law.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 20. Trial by court of issues of fact in civil causes.
Section 20. In civil causes where matters of fact are at issue, if the parties agree, such matters of
fact shall be tried by the court, and judgment rendered upon their decision thereon as upon a
verdict by a jury.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 21. Amendments in civil pleadings and proceedings by Superior Court; examination of
witnesses and parties.
Section 21. In civil causes, when pending, the Superior Court shall have the power, before
judgment, of directing, upon such terms as it shall deem reasonable, amendments in pleadings
and legal proceedings, so that by error in any of them, the determination of causes, according to
their real merits, shall not be hindered; and also of directing the examination of witnesses and
parties litigant.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 22. Payment into court pending action for debt or damages; costs.
Section 22. At any time pending an action for debt or damages, the defendant may bring into
court a sum of money for discharging the same, together with the costs then accrued and the
plaintiff not accepting the same, if upon the final decision of the cause, he or she shall not
recover a greater sum than that so paid into court for him or her, he or she shall not recover any
costs accruing after such payment, except where the plaintiff is an executor or administrator.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 23. Survival of action; executor or administrator as party; continuance.
Section 23. By the death of any party, no suit in chancery or at law, where the cause of action
survives, shall abate, but, until the General Assembly shall otherwise provide, suggestion of such
death being entered of record, the executor or administrator of a deceased petitioner or plaintiff
may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator
being duly serviced with a scire facias thirty (30) days before the return thereof shall be
considered as a party to the suit, in the same manner as if he or she had voluntarily made himself
or herself a party; and in any of those cases, the court shall pass a decree, or render judgment for
or against executors or administrators as to right appertains. But where an executor or
administrator of a deceased respondent or defendant becomes a party, the court upon motion
shall grant such a continuance of the cause as to the judges shall appear proper.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 24. Security for stay of proceedings on appeal or writ of error.
Section 24. Whenever a person, not being an executor or administrator, appeals or applies to the
Supreme Court for a writ of error, such appeal or writ shall be no stay of proceedings in the court
below unless the appellant or plaintiff in error shall give sufficient security to be approved by the
court below or by a judge of the Supreme Court that the appellant or plaintiff in error shall
prosecute respectively his or her appeal or writ to effect, and pay the condemnation money and
all costs, or otherwise abide the decree in appeal or the judgment in error, if he or she fail to
make his or her plea good.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c.
109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 25. Chief Register in Chancery: appointment; powers and duties.
Section 25. The Court of Chancery shall appoint a Chief Register in Chancery to hold office at
the pleasure of that Court. The Chief Register in Chancery shall be the Clerk of the Court of
Chancery and shall appoint, with the concurrence of the Court, a Register in Chancery in each
county who shall also serve at the pleasure of Court. The Chief Register in Chancery may also
appoint other deputies, issue process, and enter judgment and do such other things as are
according to law and the practice of the court.
72 Del. Laws, c. 357 and 73 Del. Laws, c. 98;
§ 26. Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri
facias.
Section 26. The Superior Court shall appoint a Prothonotary in each county to hold office at the
pleasure of the said Court. The Prothonotary of each County shall be the Clerk of the Superior
Court in and for the County in which he or she holds office. He or she may issue process, take
recognizance of bail and enter judgments, according to law and the practice of the court. No
judgment in one county shall bind lands or tenements in another until a testatum fieri facias
being issued shall be entered of record in the office of the Prothonotary of the County wherein
the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore
performed by the Clerk of the Peace as Clerk of the former Court of General Sessions and the
former Court of Oyer and Terminer. This section shall not be interpreted to prevent the transfer
of a judgment from any court of one county to the Superior Court of another county pursuant to
legislation enacted by the General Assembly, nor shall it be construed to require the issuance or
entry into the record of a testatum fieri facias when a judgment is transferred from a court of one
county to the Superior Court of another county pursuant to legislation enacted by the General
Assembly.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 66 Del. Laws, c. 342 and 67 Del. Laws, c. 96; 70
Del. Laws, c. 593 and 71 Del. Laws, c. 30; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 27. Clerk of Supreme Court; term of office and compensation.
Section 27. The Supreme Court shall have the power to appoint a Clerk to hold office at the
pleasure of the said Court. He or she shall receive from the State for his or her services a
compensation which shall be fixed from time to time by the said Court and paid monthly.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 66 Del. Laws, c. 342 and 67 Del. Laws, c. 96; 71
Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 28. Criminal jurisdiction of inferior courts and justices of the peace; regulation of
jurisdiction; indictment; jury trial; appeals.
Section 28. The General Assembly may by law give to any inferior courts by it established or to
be established, or to one or more justices of the peace, jurisdiction of the criminal matters
following, that is to say -- assaults and batteries, carrying concealed a deadly weapon, disturbing
meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as
the General Assembly may from time to time, with the concurrence of two-thirds of all the
Members elected to each House, prescribe.
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).
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 29. Justices of the Peace; term of office; powers of the Chief Magistrate and Justices of
the Peace.
Section 29. There shall be appointed, as hereinafter provided, such number of persons to the
Office of Justice of the Peace as directed by law, who shall be commissioned as follows:
(a) Upon first appointment and confirmation, a Justice of the Peace shall be commissioned for
four (4) years:
(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.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 70 Del. Laws, c. 447 and 71 Del. Laws, c. 56; 76
Del. Laws, c. 416 and 77 Del. Laws, c. 433; 78 Del. Laws, c. 181 and 79 Del. Laws, c. 9;
§ 30. Justices of the Peace, Chief Magistrate, and judges of legislative courts; appointment
by Governor; terms of office.
Section 30. Justices of the Peace and the judges of such courts as the General Assembly may
establish, or shall have established prior to the time this amended Article IV of this Constitution
becomes effective, pursuant to the provisions of Section 1 or Section 28 of this Article, shall be
appointed by the Governor, by and with the consent of a majority of all the Members elected to
the Senate, for such terms as shall be fixed by this Constitution or by law. The Chief Magistrate
shall be appointed and confirmed subject to the provisions of Section 3 of this Article.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;
§ 31. Registers of Wills; depositions of witnesses; process; appeals to Court of Chancery;
disqualification of Register for interest.
Section 31. The Registers of Wills of the several counties shall respectively hold the Register's
Court in each County. Upon the litigation of a cause the depositions of the witnesses examined
shall be taken at large in writing and made part of the proceedings in the cause. This court may
issue process throughout the State. Appeals may be taken from a Register's Court to the Court of
Chancery. In cases where a Register of Wills is interested in questions concerning the probate of
wills, the granting of letters of administration, or executors' or administrators' accounts, the
cognizance thereof shall belong to the Court of Chancery.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 32. Adjustment and settlement of executors' and administrators' accounts; notice;
hearing of exceptions in Court of Chancery; transfer of jurisdiction; appeals.
Section 32. An executor or administrator shall file every account with the Register of Wills for
the County, who shall, as soon as conveniently may be, carefully examine the particulars with
the proofs thereof, in the presence of such executor or administrator, and shall adjust and settle
the same according to the right of the matter and the law of the land; which account so settled
shall remain in his or her office for inspection; and the executor, or administrator, shall within
three (3) months after such settlement give notice in writing to all persons entitled to shares of
the estate, or to their guardians, respectively, if residing within the State, that the account is
lodged in the said office for inspection.
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.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c.
136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 33. Style of process and public acts; prosecutions in name of State.
Section 33. The style in all process and public acts shall be THE STATE OF DELAWARE.
Prosecutions shall be carried on in the name of the State.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 34. Continuation in office and designation of certain judicial officers.
Section 34. The Chancellor, Chief Justice and Judges in office at and immediately before the
time this amended Article IV of this Constitution becomes effective shall hold their respective
offices until the expiration of their terms respectively and shall receive the compensation
provided by law. They shall, however, be hereafter designated as follows:
The Chancellor shall continue to be designated as Chancellor;
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.
The Vice-Chancellor in office at and immediately before the time this amended Article IV of this
Constitution becomes effective shall hold his or her office until the expiration of the period of
twelve years from the date of the commission for the office of Vice-Chancellor held by him or
her at the time this amended Article IV of this Constitution becomes effective and shall receive
the compensation provided by law. He or she shall continue to be designated as Vice-Chancellor.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c.
136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 34A. Continuation in office and designation of judicial officers of the Family Court and
the Court of Common Pleas.
Section 34A. The Chief Judge and the Judges of the Family Court and the Chief Judge and the
Judges of the Court of Common Pleas in office at and immediately before the time this amended
Article IV of this Constitution becomes effective shall hold their respective offices until the
expiration of their terms, respectively, and shall receive the compensation provided by law.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 35. Proceedings pending at time of 1951 amendment; books, records and papers; effect of
amended article on Court of Chancery.
Section 35. All writs of error and appeals and proceedings pending, at the time this amended
Article IV of this Constitution becomes effective, in the Supreme Court as heretofore constituted
shall be proceeded within the Supreme Court hereby established, and all the books, records and
papers of the said Supreme Court as heretofore constituted shall be the books, records and papers
of the Supreme Court hereby established.
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.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;
§ 36. Abolition of Orphans' Court; transfer of jurisdiction and powers.
Repealed 75 Del. Laws, c. § 53.
55 Del. Laws, c. 426 and 56 Del. Laws, c. 147; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;
§ 37. Court on the Judiciary.
Section 37. A Court on the Judiciary is hereby created consisting of the Chief Justice and the
Justices of the Supreme Court, the Chancellor, the President Judge of the Superior Court, the
Chief Judge of the Family Court, the Chief Judge of the Court of Common Pleas and the Chief
Magistrate of the Justice of the Peace Court.
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:
(a) the power to summon witnesses to appear and testify under oath and to compel the production
of books, papers and documents, and
(b) the power to adopt rules establishing procedures for the investigation and trial of a judicial
officer hereunder.
56 Del. Laws, c. 145 and 57 Del. Laws, c. 293; 71 Del. Laws, c. 379 and 72 Del. Laws, c.
136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 80 Del. Laws, c. 170 and 81 Del. Laws, c. 44;
§ 38. Retired Judges and Justices; temporary assignment.
Section 38. A former State Judge or a former Justice of the Supreme Court, who is retired and is
receiving a state judicial pension and who assents to active judicial duty and who is not engaged
in the practice of law, upon designation of the Chief Justice of the Supreme Court, or in case of
his or her absence from the State, disqualification, incapacity, or if there be a vacancy in that
office, upon designation of the next qualified and available Justice, who by seniority is next in
rank to the Chief Justice, shall be authorized to sit temporarily in the court from which he or she
retired or in any other court to which he or she could be designated under the Constitution and
statutes of the State if he or she still held the judicial position from which he or she retired. Any
person so designated shall receive compensation as the General Assembly shall provide. Nothing
herein shall authorize the designation of any former State Judge or a former Justice of the
Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court
to the required quorum. The term "State Judge" as used in this section means a Chancellor or
Vice-Chancellor of the Chancery Court or a President Judge or Judge of the Superior Court.
62 Del. Laws, c.254 and 63 Del. Laws, c.147; 68 Del. Laws, c. 265 and 69 Del. Laws, c. 175; 71
Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 39. Senior judges.
Section 39. The office of Senior Judge is hereby created. Any retired judge of a court established
by this amended Article IV of this Constitution or by act of the General Assembly, who is duly
qualified and appointed, may serve as a Senior Judge. The qualifications, manner of
appointment, term of office, compensation, duties, and all other matters relating to the office of
the Senior Judge shall be as specified by statute.
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.
72 Del. Laws, c. 435 and 73 Del. Laws, c. 100;
ARTICLE V. ELECTIONS
§ 1. Time and manner of holding general election.
Section 1. The general election shall be held biennially on the Tuesday next after the first
Monday in the month of November, and shall be by ballot; but the General Assembly may by
law prescribe the means, methods and instruments of voting so as best to secure secrecy and the
independence of the voter, preserve the freedom and purity of elections and prevent fraud,
corruption and intimidation thereat.
§ 2. Qualifications for voting; members of the Armed Services of the United States
stationed within State; persons disqualified; forfeiture of right.
Section 2.
(a) Every citizen of this State of the age of twenty-one years who shall have been a resident
thereof one year next preceding an election, and for the last three months a resident of the
county, and for the last thirty days a resident of the hundred or election district in which he or she
may offer to vote, and in which he or she shall have been duly registered as hereinafter provided
for, shall be entitled to vote at such election in the hundred or election district of which he or she
shall at the time be a resident, and in which he or she shall be registered, for all officers that now
are or hereafter may be elected by the people and upon all questions which may be submitted to
the vote of the people; provided, however, that no person who shall attain the age of twenty-one
years after the first day of January in the year of our Lord, nineteen hundred, or after that date
shall become a citizen of the United States, shall have the right to vote unless he or she shall be
able to read this Constitution in the English language and write his or her name; but these
requirements shall not apply to any person who by reason of physical disability shall be unable to
comply therewith; and provided also, that no person in the military, naval, or marine service of
the United States shall be considered as acquiring a residence in this State, by being stationed in
any garrison, barrack, or military or naval place or station within this State; and no person
adjudged mentally incompetent or person convicted of a crime deemed by law felony, or
incapacitated under the provisions of this Constitution from voting, shall enjoy the right of an
elector; and the General Assembly may impose the forfeiture of the right of suffrage as a
punishment for crime.
(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.
54 Del. Laws, c. 370 and 55 Del. Laws, c. 44; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 71
Del. Laws, c. 344 and 72 Del. Laws, c. 356; 72 Del. Laws, c. 436 and 73 Del. Laws, c. 99; 78
Del. Laws, c. 332 and 79 Del. Laws, c. 34; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 2A. Residence requirements in case of intrastate removal; election of President and Vice-
President of United States; qualifications.
Section 2A. The General Assembly shall extend to any elector in the state who shall have
changed his or her residence from one county, hundred, or election district to another, but who
has not resided therein for a sufficient time so as to be eligible to vote in the county, hundred or
election district to which he or she has removed, the right to vote for the choice of electors for
President and Vice-President of the United States, but for no other offices, provided such citizen
would have been eligible to vote within this State had he or she not moved, and provided that he
or she is not entitled to vote for the choice of electors for President or Vice-President of the
United States in any other place and provided further that such citizen would be an otherwise
qualified voter under this Constitution except that he or she has not resided in his or her county,
hundred or election district for a sufficient length of time.
55 Del. Laws, c. 295 and 56 Del. Laws, c. 20; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 2B. Residence requirements of persons from other states; election of President and Vice-
President of United States; qualifications.
Section 2B. The General Assembly shall extend to a citizen of the United States who has resided
in this State for at least 3 months next preceding an election but who does not meet the residence
requirements established in Article V, Section 2 of this Constitution, the right to vote for the
choice of electors for President and Vice-President of the United States, but for no other offices,
provided such citizen was either a qualified voter in another state immediately prior to his or her
removal to this State, or would have been eligible to vote in such other state had he or she
remained there until such election, and provided that he or she is not entitled to vote for the
choice of electors for President or Vice-President of the United States in any other state and
provided further that such citizen would be an otherwise qualified voter under this Constitution
except that he or she had not resided in this State for one year.
55 Del. Laws, c. 295 and 56 Del. Laws, c. 20; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 3. Influencing voter; loss of vote; challenge; oath and affirmation; perjury.
Section 3. No person who shall receive or accept, or offer to receive or accept, or shall pay,
transfer, or deliver, or offer or promise to pay, transfer or deliver, or shall contribute, or offer or
promise to contribute to another, to be paid or used, any money or other valuable thing as a
compensation, inducement or reward for the registering or abstaining from registering of any one
qualified to register, or for the giving or withholding, or in any manner influencing the giving or
withholding, a vote at any general or special or municipal election in this State, shall vote at such
election; and upon challenge for any of said causes the person so challenged before the officers
authorized for that purpose shall receive his or her vote, shall swear or affirm before such
officers that he or she has not received or accepted, or offered to receive or accept, or paid,
transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed, or
offered or promised to contribute to another, to be paid or used, any money or other valuable
thing as a compensation, inducement or reward for the registering or abstaining from registering
of any one qualified to register, or for the giving or withholding, or in any manner influencing
the giving or withholding, a vote at such election.
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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 4. Registration of voters; days for registration; application to strike name from list;
appeals; registration as prerequisite for voting.
Section 4. The General Assembly shall enact uniform laws for the registration of voters in this
State entitled to vote under this Article, which registration shall be conclusive evidence to the
election officers of the right of every person so registered to vote at any General Election while
his or her name shall remain on the list of registered voters, and who is not at the time
disqualified under the provisions of Section 3 of this Article; and no person shall vote at such
General Election whose name does not at that time appear in said list of registered voters.
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.
33 Del. Laws, c. 1 and 34 Del. Laws, c. 1; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75
Del. Laws, c. 137 and 76 Del. Laws, c. 11;
§ 4A. General laws for absentee voting.
Section 4A. The General Assembly shall enact general laws providing that any qualified elector
of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general
election at the regular polling place of the election district in which he or she is registered, either
because of being in the public service of the United States or of this State, or his or her spouse or
dependents when residing with or accompanying him or her, because of the nature of his or her
business or occupation, because of his or her sickness or physical disability, because of his or her
absence from the district while on vacation, or because of the tenets or teachings of his or her
religion, may cast a ballot at such general election to be counted in such election district.
43 Del. Laws, c. 1 and 44 Del. Laws, c.1; 60 Del. Laws, c. 520 and 61 Del. Laws, c. 39; 63 Del.
Laws, c. 37 and 64 Del. Laws, c. 177; 68 Del. Laws, c. 263 and 69 Del. Laws, c. 81;
§ 4B. Uniform laws for absentee registration.
Section 4B. The General Assembly shall enact uniform laws for the registration of voters of this
State entitled to vote under this Article who are temporarily absent therefrom and in the Armed
Forces or Merchant Marine of the United States, or retainers or his or her spouse or dependents
when residing with or accompanying him or her, or who are absent from the State because of
illness or injury received while serving in any such capacity, upon application in person or in
writing.
45 Del. Laws, c. 4 and 46 Del. Laws, c. 325; 68 Del. Laws, c. 263 and 69 Del. Laws, c. 81;
§ 5. Electors privileged from arrest; exceptions.
Section 5. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged
from arrest, during their attendance at elections, and in going to and returning from them.
§ 6. Voting machine recording tapes, voting machine certificate, and absentee ballots;
delivery to Prothonotary; duties and composition of court; quorum.
(a) The presiding election officer of each election district, following the close of the polls on the
day of the general election, shall deliver all of the following to the Department of Elections:
(1) The copy of each voting machine recording tape containing the signatures of the election
officers present at the opening and closing of the polls from each voting machine assigned to the
presiding election officer’s district.
(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.
(b) The Department of Elections shall deliver all of the following to the Prothonotary of the
Superior Court:
(1) The documents or items provided to the Department of Elections under subsection (a) of
this section.
(2) The absentee ballots.
(3) Any other document or item required by law to be provided to the Prothonotary of the
Superior Court.
(c) At 10 o'clock a.m. on the second day after the election the Prothonotary of the Superior Court
shall present the documents or items provided under subsection (b) of this section to the Superior
Court for the appropriate county, and the Court shall, at the same time, convene for the
performance of the duties imposed on the Court under this section. After convening, the Court,
with the aid of the officers and sworn assistants as the Court shall appoint, shall publicly
ascertain the state of the election throughout the county, by determining the aggregate number of
votes in each office given in the election districts of the county and for every person who
received votes for each office.
(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:
(1) Issue summary process against an election officer, or any other person, to bring the
election officer, or person, forthwith into Court with the election papers in their possession or
control.
(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.
(e) The Court has all the other jurisdiction and powers now vested by law in the boards of
canvass, and such other powers as provided by law.
(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.
52 Del. Laws, c. 193 and 53 Del. Laws, c. 303; 67 Del. Laws, c. 305 and 68 Del. Laws, c.
136; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 71 Del. Laws, c. 398 and 72 Del. Laws, c.
437; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 7. Election offenses; penalties; self-incrimination.
Section 7. Every person who either in or out of the State shall receive or accept, or offer to
receive or accept, or shall pay, transfer or deliver, or offer or promise to pay, transfer or deliver,
or shall contribute, or offer or promise to contribute, to another to be paid or used, any money or
other valuable thing as a compensation, inducement or reward for the giving or withholding, or
in any manner influencing the giving or withholding, a vote at any general, special, or municipal
election in this State, or at any primary election, convention or meeting held for the purpose of
nominating any candidate or candidates to be voted for at such general, special or municipal
election; or who either in or out of the State shall make or become directly or indirectly a party to
any bet or wager depending upon the result of any such general, special, municipal or primary
election or convention or meeting, or upon a vote thereat by any person; or who either in or out
of the State shall, by the use or promise of money or other valuable thing, or otherwise, cause or
attempt to cause any officer of election or registration officer to violate said person's official
duty; or who either in or out of the State shall by the use or promise of money or other valuable
thing influence or attempt to influence any person to be registered or abstain from being
registered; or who, being an officer of election or registration officer, shall knowingly and
wilfully violate said person's official duty; or who shall by force, threat, menace or intimidation,
prevent or hinder, or attempt to prevent or hinder, any person qualified for registration from
being registered or any person qualified to vote from voting according to said person's choice at
any such general, special or municipal election, shall be deemed guilty of a misdemeanor, and
shall be fined not less than one hundred dollars nor more than five thousand dollars, or shall be
imprisoned for a term not less than one month nor more than three years, or shall suffer both fine
and imprisonment within said limits, at the discretion of the court; and shall further for a term of
ten years next following said person's sentence, be incapable of voting at any such general,
special, municipal or primary election or convention or meeting; but the penalty of
disfranchisement shall not apply to any person making or being a party to any bet or wager,
depending upon the result of any such general, special, municipal or primary election or
convention or meeting. Every person charged with the commission while out of the State of any
of the offenses enumerated in this section, and by this section made punishable, whether
committed in or out of the State, may be prosecuted under Section 8 of this Article in any county
in which said person shall be arrested on such charge. No person, other than the accused, shall, in
the prosecution for any offense mentioned in this section, be permitted to withhold said person's
testimony on the ground that it may criminate said person or subject said person to public
infamy; but such testimony shall not afterwards be used against said person in any judicial
proceeding, except for perjury in giving such testimony.
66 Del. Laws, c. 340 and 67 Del. Laws, c. 129;
§ 8. Prosecution for election offenses; procedure; appeal; bond.
Section 8. Every prosecution for any of the offenses mentioned in Section 7 of this Article shall
be on information filed by the Attorney-General, after examination and commitment or holding
to bail by a judge or Justice of the Peace, and the cause shall be heard, tried and determined by
the court without the intervention of either a grand jury or petit jury. The accused if adjudged
guilty of the offense charged against him or her, shall have the right at any time within the space
of three calendar months next after sentence is pronounced to an appeal to the Supreme Court.
The court below, or any judge thereof, in term time or vacation, shall upon application by the
accused allow such appeal; but such appeal shall not operate as a supersedeas unless the
appellant shall at the time of the allowance thereof give an appeal bond to the State of Delaware
in such amount and with such surety as shall be approved by such court or judge. On such appeal
the Supreme Court shall, with all convenient speed, review the evidence adduced in the cause in
the court below, as well as the other proceedings therein, and the law applicable thereto, and give
final judgment accordingly, either affirming or reversing the judgment below. If the appellant
shall fail to prosecute his or her appeal pursuant to the rules and practice hereinafter provided
for, the Supreme Court shall affirm the judgment of the court below. Where the sentence in the
court below includes a term of imprisonment and an appeal bond is given and approved in
manner aforesaid, the Supreme Court, if it affirm the judgment below, shall sentence the
appellant to a term of imprisonment equal to that imposed by the court below, after deducting
therefrom a period equal to the time of imprisonment, if any, already suffered by him or her
under the sentence of the court below. The surety or sureties in any appeal bond given under the
provisions of this section shall have the right at any time after its approval and until final
judgment shall be rendered by the Supreme Court, and, in case the judgment of the court below
shall be affirmed, until the expiration of the space of thirty days next following such affirmance,
to take, wherever found, and render the appellant to the sheriff of the county in which he or she
was sentenced; and a certified copy of the appeal bond shall be the sufficient warrant for such
surety or sureties for such taking and rendering. If the Supreme Court shall reverse any judgment
of the court below imposing a fine, and if the accused shall have fully paid such fine and the
costs of prosecution, the amount thereof shall be refunded to the appellant through a warrant
drawn by the court below on the treasurer of the county in which the accused was sentenced. All
the judges entitled to sit in the Supreme Court shall, as soon as conveniently may be, meet at the
usual place of sitting of said court, and they, or a majority of them, shall adopt rules prescribing
the forms and conditions of appeal bonds to be used under the provisions of this section, and the
manner of certifying copies thereof, providing for the printing or reduction to writing of all oral
evidence in the cause in the court below and of the opinion of said court, for the certification of
the same when so printed or reduced to writing, and of copies thereof; for the copying and
certification of all documentary or other written or printed evidence in the cause in the court
below and of the record therein; for the transmission to the Supreme Court of such certified
copies of such record, and of all the evidence adduced in the court below and of the opinion of
said court for the transmission to the court below of a certified copy of the final judgment of the
Supreme Court and of any additional sentence pronounced by said court, for the discharge of
securities in appeal bonds, and for the framing, issuance, service and enforcement of all process
and rules necessary to give full effect to the provisions of this section; and regulating generally
the practice and procedure of the Supreme Court and the court below in cases of appeal under
this section. The said judges, or a majority of them, met as aforesaid, may also provide that when
complaint shall be made in due form, prescribed by them, to any judge entitled to sit in the
Supreme Court, that any offense mentioned in Section 7 of this Article has been committed in
the county in which such judge shall reside, or out of the State, such judge shall have power to
cause the person charged with such offense to be arrested within any county of this State and
brought before him or her, and to bind him or her with sufficient surety, or, for want of bail,
commit him or her for his or her appearance and answer at the next term of the Court of General
Sessions in such manner and under and pursuant to such rules and regulations as the said judges,
or a majority of them, shall prescribe. From time to time hereafter, whenever a majority of all the
judges entitled to sit in the Supreme Court shall so request, all of the judges so entitled shall, as
soon as conveniently may be, meet at the usual place of sitting of said court; and they, or a
majority of them, shall have power to revise, amend, add to or annul, any rule or rules
theretofore adopted touching forms, practice or procedure in cases of appeal under this section,
or arrest and binding or commitment for appearance and answer, in such manner and to such
extent as in their judgment shall best serve to effectuate the purposes hereof. No person shall be
adjudged guilty of an offense mentioned in Section 7 of this Article without the concurrence of
all the judges trying the case; and upon appeal no judgment of the court below shall be affirmed
without the concurrence of all of the judges of the Supreme Court sitting in the case, and their
failure to concur as aforesaid shall operate as a reversal of the judgment of the court below;
provided, however, that such concurrence of the judges sitting in the Supreme Court shall not be
necessary for the affirmance of the judgment of the court below where the appellant shall fail to
prosecute his or her appeal pursuant to the rules and practices herein provided for.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 9. Enumeration of election offenses as limitation on power of General Assembly.
Section 9. The enumeration of the offenses mentioned in Section 7 of this Article shall not
preclude the General Assembly from defining and providing for the punishment of other offenses
against the freedom and purity of the ballot, or touching the conduct, returns or ascertainment of
the result of general, special or municipal elections, or of primary elections, conventions or
meetings held for the nomination of candidates to be voted for at general, special or municipal
elections. No prosecution under any act of the General Assembly passed pursuant to this section
shall be subject to the provisions of Section 8 of this Article.
ARTICLE VI. IMPEACHMENT AND TREASON
§ 1. Impeachment power of House; trial by Senate; oath of Senators; vote; presiding
officers.
Section 1. The House of Representatives shall have the sole power of impeaching; but two-thirds
of all the members must concur in an impeachment. All impeachments shall be tried by the
Senate, and when sitting for that purpose, the Senators shall be upon oath or affirmation to do
justice according to the evidence. No person shall be convicted without the concurrence of two-
thirds of all the Senators.
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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 2. Grounds for impeachment.
Section 2. The Governor and all other civil officers under this State shall be liable to
impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such
cases shall not extend further than to removal from office, and disqualification to hold any office
of honor, trust or profit, under this State; but the party convicted shall, nevertheless, be subject to
indictment, trial, judgment and punishment according to law.
§ 3. Treason.
Section 3. Treason against this State shall consist only in levying war against it, or in adhering to
the enemies of the Government, giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same overt act or on confession in open
court.
ARTICLE VII. PARDONS
§ 1. Power of Governor; recommendation of Board of Pardons; entry in register and
submission to General Assembly.
Section 1. The Governor shall have power to remit fines and forfeitures and to grant reprieves,
commutations of sentence and pardons, except in cases of impeachment; but no pardon, or
reprieve for more than six months, shall be granted, nor sentence commuted, except upon the
recommendation in writing of a majority of the Board of Pardons after full hearing; and such
recommendation, with the reasons therefor at length, shall be filed and recorded in the office of
the Secretary of State, who shall forthwith notify the Governor thereof.
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.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 2. Composition of Board of Pardons.
Section 2. The Board of Pardons shall be composed of the Chancellor, Lieutenant-Governor,
Secretary of State, State Treasurer and Auditor of Accounts.
§ 3. Information from Attorney General on Board's duties.
Section 3. The said board may require information from the Attorney-General upon any subject
relating to the duties of said board.
ARTICLE VIII. REVENUE AND TAXATION
§ 1. Uniformity of taxes; collection under general laws; exemption for public welfare
purposes.
Section 1. All taxes shall be uniform upon the same class of subjects within the territorial limits
of the authority levying the tax, except as otherwise permitted herein, and shall be levied and
collected under general laws passed by the General Assembly. County Councils of New Castle
and Sussex Counties and the Levy Court of Kent County are hereby authorized to exempt from
county taxation such property in their respective counties as in their opinion will best promote
the public welfare. The county property tax exemption power created by this section shall be
exclusive as to such property as is located within the respective counties. With respect to real
property located within the boundaries of any incorporated municipality, the authority to exempt
such property from municipal property tax shall be exercised by the respective incorporated
municipality, when in the opinion of said municipality it will best promote the public welfare.
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.
57 Del. Laws, c. 292 and 58 Del. Laws, c. 67; 59 Del. Laws, c. 446 and 60 Del. Laws, c. 438; 60
Del. Laws, c. 521 and 61 Del. Laws, c. 130;
§ 2. Revenue bills to originate in House; amendments by Senate; restriction on definition;
exclusion of unrelated matter.
Section 2. All bills for raising revenue shall originate in the House of Representatives; but the
Senate may propose alterations as on other bills; and no bill from the operation of which, when
passed into a law, revenue may incidentally arise shall be accounted a bill for raising revenue;
nor shall any matter or cause whatever not immediately relating to and necessary for raising
revenue be in any manner blended with or annexed to a bill for raising revenue.
§ 3. Borrowing money; specification of purpose; surplus borrowed money.
Section 3. No money shall be borrowed or debt created by or on behalf of the State but pursuant
to an Act of the General Assembly, passed with the concurrence of three-fourths of all the
members elected to each House, except to supply casual deficiencies of revenue, repel invasion,
suppress insurrection, defend the State in war, or pay existing debts; and any law authorizing the
borrowing of money by or on behalf of the State shall specify the purpose for which the money is
to be borrowed, and the money so borrowed shall be used exclusively for such purpose; but
should the money so borrowed or any part thereof be left after the abandonment of such purpose
or the accomplishment thereof, such money, or the surplus thereof, may be disposed of according
to law.
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 4. Restrictions on loan of public money or bonds and credit of State.
Section 4. No appropriation of the public money shall be made to, nor the bonds of this State be
issued or loaned to any county, municipality, or corporation, nor shall the credit of the State, by
the guarantee or the endorsement of the bonds or other undertakings of any county, municipality,
or corporation, be pledged otherwise than pursuant to an Act of the General Assembly, passed
with the concurrence of three-fourths of all the members elected to each House.
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 5. Capitation tax; uniformity; use.
Section 5. The General Assembly shall provide for levying and collecting a capitation tax from
every citizen of the State of the age of twenty-one years or upwards; but such tax to be collected
in any County shall be uniform throughout that County, and such capitation tax shall be used
exclusively in the County in which it is collected.
32 Del. Laws, c. 2 and 33 Del. Laws, c. 2;
§ 6. Procedure in withdrawal and payment of public moneys; annual publication of
receipts and expenditures; limitation upon appropriations.
Section 6.(a) No money shall be drawn from the treasury but pursuant to an appropriation made
by Act of the General Assembly; provided, however, that the compensation of the members of
the General Assembly and all expenses connected with the session thereof may be paid out of the
treasury pursuant to resolution in that behalf; a regular account of the receipts and expenditures
of all public money shall be published annually.
(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.
61 Del. Laws, c. 509 and 62 Del. Laws, c. 234;
§ 7. Real estate assessments; inclusion of values.
Section 7. In all assessments of the value of real estate for taxation, the value of the land and the
value of the buildings and improvements thereon shall be included. And in all assessments of the
rental value of real estate for taxation, the rental value of the land and the rental value of the
buildings and the improvements thereon shall be included. The foregoing provisions of this
section shall apply to all assessments of the value of real estate or of the rental value thereof for
taxation for State, county, hundred, school, municipal or other public purposes.
§ 8. Lending credit, appropriating money to or becoming interested in any private
corporation, person or company by county or municipality.
Section 8. No county, city, town or other municipality shall lend its credit or appropriate money
to, or assume the debt of, or become a shareholder or joint owner in or with any private
corporation or any person or company whatever.
§ 9. Retroactive increase of taxation of personal income.
Any law which shall have the effect of increasing the rates of taxation on personal income for
any year or part thereof prior to the date of the enactment thereof, or for any year or years prior
to the year in which the law is enacted, shall be void.
52 Del. Laws, c. 62 and 53 Del. Laws, c. 377;
§ 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.
Section 10.(a) The effective rate of any tax levied or license fee imposed by the State may not be
increased except pursuant to an act of the General Assembly adopted with the concurrence of
three-fifths of all members of each House.
(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.
61 Del. Laws, c. 510 and 62 Del. Laws, c. 236;
§ 11. Imposition or levy of new taxes or license fees.
Section 11.(a) No tax or license fee may be imposed or levied except pursuant to an act of the
General Assembly adopted with the concurrence of three-fifths of all members of each House.
(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.
62 Del. Laws, c. 242 and 63 Del. Laws, c. 24;
§ 12. The Transportation Trust Fund; use and restrictions.
(a) The State irrevocably pledges and assigns and continuously appropriates the proceeds derived
from a motor vehicle registration fee, a motor vehicle document fee, a motor fuel tax, a motor
carrier road use tax and registration fee, and the operation of the Delaware Turnpike to a special
fund known as the Transportation Trust Fund.
(b) The moneys in the Transportation Trust Fund may be appropriated and used for the following
purposes:
(1) Capital expenditures on the public transportation system, including the road system, grants
and allocations for investments in transportation, the transit system, and the support systems for
public transportation.
(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.
(c) No moneys in the Transportation Trust Fund may be appropriated for a purpose not listed in
subsection (b) 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.
(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.
80 Del. Laws, c. 110 and 81 Del. Laws, c. 38;
ARTICLE IX. CORPORATIONS
§ 1. Creation, amendment, renewal or revival by general law; exceptions; revocation or
forfeitures of charters; requisites for enactment of corporation laws.
Section 1. No corporation shall hereafter be created, amended, renewed or revived by special act,
but only by or under general law, nor shall any existing corporate charter be amended, renewed
or revived by special act, but only by or under general law; but the foregoing provisions shall not
apply to municipal corporations, banks or corporations for charitable, penal, reformatory, or
educational purposes, sustained in whole or in part by the State. The General Assembly shall, by
general law, provide for the revocation or forfeiture of the charters of all corporations for the
abuse, misuse, or non-user of their corporate powers, privileges or franchises. Any proceeding
for such revocation or forfeiture, shall be taken by the Attorney-General, as may be provided by
law. No general incorporation law, nor any special act of incorporation, shall be enacted without
the concurrence of two-thirds of all the members elected to each House of the General Assembly.
§ 2. Acceptance of Constitution by existing corporations as prerequisite for amendment or
renewal of charter.
Section 2. No corporation in existence at the adoption of this Constitution shall have its charter
amended or renewed without first filing, under the corporate seal of said corporation, and duly
attested, in the office of the Secretary of State, an acceptance of the provisions of this
Constitution.
§ 3. Issuance of stock.
Repealed 74 Del. Laws, c. 281, June 30, 2004
22 Del. Laws, c. 1 and 22 Del. Laws, c. 254; 73 Del. Laws, c. 101 and 74 Del. Laws, c. 281;
§ 4. Rights, privileges, immunities and estates.
Section 4. The rights, privileges, immunities and estates of religious societies and corporate
bodies, except as herein otherwise provided, shall remain as if the Constitution of this State had
not been altered.
§ 5. Designation, by foreign corporation, of agent for service of process.
Section 5. No foreign corporation shall do any business in this State through or by branch
offices, agents or representatives located in this State, without having an authorized agent or
agents in the State upon whom legal process may be served.
§ 6. Taxation of stock owned by persons or corporations without the State.
Section 6. Shares of the capital stock of corporations created under the laws of this State, when
owned by persons or corporations without this State, shall not be subject to taxation by any law
now existing or hereafter to be made.
22 Del. Laws, c. 1 and 22 Del. Laws, c. 254;
ARTICLE X. EDUCATION
§ 1. Establishment and maintenance of free public schools; attendance.
Section 1. The General Assembly shall provide for the establishment and maintenance of a
general and efficient system of free public schools, and may require by law that every child, not
physically or mentally disabled, shall attend the public school, unless educated by other means.
§ 2. Annual appropriations; apportionment; use of funds; separation of schools; other
expenses.
Section 2. In addition to the income of the investments of the Public School Fund, the General
Assembly shall make provision for the annual payment of not less than one hundred thousand
dollars for the benefit of the free public schools which, with the income of the investments of the
Public School Fund, shall be equitably apportioned among the school districts of the State as the
General Assembly shall provide; and the money so apportioned shall be used exclusively for the
payment of teachers' salaries and for furnishing free text books; provided, however, that in such
apportionment, no distinction shall be made on account of race or color. All other expenses
connected with the maintenance of free public schools, and all expenses connected with the
erection or repair of free public school buildings shall be defrayed in such manner as shall be
provided by law.
69 Del. Laws, c. 431 and 70 Del. Laws, c. 277;
§ 3. Use of educational funds by religious schools; exemption of school property from
taxation.
Section 3. No portion of any fund now existing, or which may hereafter be appropriated, or
raised by tax, for educational purposes, shall be appropriated to, or used by, or in aid of any
sectarian, church or denominational school; provided, that all real or personal property used for
school purposes, where the tuition is free, shall be exempt from taxation and assessment for
public purposes.
§ 4. Use of Public School Fund.
Section 4. No part of the principal or income of the Public School Fund, now or hereafter
existing, shall be used for any other purpose than the support of free public schools.
§ 5. Transportation of nonpublic school students.
Section 5. The General Assembly, notwithstanding any other provision of this Constitution, may
provide by an Act of the General Assembly, passed with the concurrence of a majority of all the
members elected to each House, for the transportation of students of nonpublic, nonprofit
Elementary and High Schools.
55 Del. Laws, c. 466 and 56 Del. Laws, c. 30;
§ 6. Property tax; use limitations.
Section 6. No property tax receipts received by a public school district as a result of a property
tax levied for a particular purpose shall be used for any other purpose except upon the favorable
vote of a majority of the eligible voters in the district voting on the question.
61 Del. Laws, c. 508 and 62 Del. Laws, c. 311;
ARTICLE XI. AGRICULTURE
§ 1. State Board of Agriculture.
Section 1. There shall be a department established and maintained, known as the State Board of
Agriculture.
§ 2. Composition of Board; residence of Commissioners; quorum.
Section 2. The said board shall be composed of three Commissioners of Agriculture, one of
whom shall reside in each county in the State. Any two of them shall constitute a quorum for the
transaction of business.
§ 3. Appointment of Commissioners by Governor; tenure; vacancies.
Section 3. The said Commissioners of Agriculture shall be appointed by the Governor, by and
with the consent of a majority of all the members elected to the Senate, one for the term of one
year, one for the term of two years, and one for the term of three years; and thereafter all
appointments of Commissioners of Agriculture shall be made as aforesaid for the term of three
years, and they shall hold office until their successors are duly qualified; provided, that any
vacancy occurring in the office of Commissioner of Agriculture before the expiration of a term
shall be filled by appointment as aforesaid for the remainder of the term; and provided further,
that in case such vacancy shall occur when the Senate is not in session, such vacancy may be
filled by the Governor without confirmation by the Senate until the end of the next session of the
Senate.
§ 4. Abatement and prevention of diseases of fruit trees, plants, vegetables, cereals and
livestock.
Section 4. The said board shall have power to abate and prevent, by such means as the General
Assembly shall prescribe, all contagious and infectious diseases of fruit trees, plants, vegetables,
cereals, horses, cattle and other farm animals.
§ 5. Plans for securing immigration of industrious and useful settlers.
Section 5. The said Commissioners may devise such plans for securing immigration to this State
of industrious and useful settlers as they may deem expedient, and such plans may be executed
as prescribed by the General Assembly.
§ 6. Compensation of Board members.
Section 6. The General Assembly shall provide by law for the compensation of the members of
said board.
§ 7. Duration of Board.
Section 7. The Board of Agriculture hereby established shall continue for eight years from the
date of the qualification of the first member thereof, after which it may be abolished by the
General Assembly.
ARTICLE XII.
§ 1. State Board of Health; local boards; powers.
Repealed.
69 Del. Laws, c. 385 and 70 Del. Laws, c. 115;
ARTICLE XIII. LOCAL OPTION
§ 1. Submission of liquor question to district electors; election.
Section 1. The General Assembly may from time to time provide by law for the submission to
the vote of the qualified electors of the several districts of the State, or any of them, mentioned in
Section 2 of this Article, the question whether the manufacture and sale of intoxicating liquors
shall be licensed or prohibited within the limits thereof; and in every district in which there is a
majority against license, no person, firm or corporation shall thereafter manufacture or sell
spirituous, vinous or malt liquors, except for medicinal or sacramental purposes, within said
district, until at a subsequent submission of such question a majority of votes shall be cast in said
district for license. Whenever a majority of all the members elected to each House of the General
Assembly by the qualified electors in any district named in Section 2 of this Article shall request
the submission of the question of license or no license to a vote of the qualified electors in said
district, the General Assembly shall provide for the submission of such question to the qualified
electors in such district at the next general election thereafter.
§ 2. Designation of districts for purposes of article.
Section 2. Under the provisions of this Article, Sussex County shall comprise one district, Kent
County 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. Laws for enforcement, manufacture and sale, and penalties.
Section 3. The General Assembly shall provide necessary laws to carry out and enforce the
provisions of this Article, enact laws governing the manufacture and sale of intoxicating liquors
under the limitation of this Article, and provide such penalties as may be necessary to enforce the
same.
ARTICLE XIV. OATH OF OFFICE
§ 1. Form of oath for members of General Assembly and public officers.
Members of the General Assembly and all public officers executive and judicial, except such
inferior officers as shall be by law exempted, shall, before they enter upon the duties of their
respective offices, take and subscribe the following oath or affirmation:
"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.
65 Del. Laws, c. 309 and 66 Del. Laws, c. 194;
ARTICLE XV. MISCELLANEOUS
§ 1. Conservators of the peace.
Section 1. The Chancellor, Judges and Attorney-General shall be conservators of the peace
throughout the State; and the Sheriffs shall be conservators of the peace within the counties
respectively in which they reside.
57 Del. Laws, c. 291 and 58 Del. Laws, c. 110;
§ 2. Receipt for fees.
Section 2. No public officer shall receive any fees without giving to the person paying the same a
receipt therefor, if required, therein specifying every item and charge.
§ 3. Costs on bill returned ignoramus or on acquittal.
Section 3. No costs shall be paid by a person accused, on a bill returned ignoramus, nor on
acquittal.
§ 4. Extension of term of public officer; diminution of salary or emoluments.
Section 4. No law shall extend the term of any public officer or diminish the salary or
emoluments after his or her election or appointment. The term "salary or emoluments" as used
herein refers to the actual salary or emoluments being provided an officer at any time during his
or her tenure in office and shall not be construed to mean increases in salary or emoluments
scheduled by statute for a future date and not yet received by the officer.
61 Del. Laws, c. 530 and 62 Del. Laws, c. 82; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 5. Officers to hold office until successors qualify.
Section 5. All public officers shall hold their respective offices until their successors shall be
duly qualified, except in cases herein otherwise provided.
§ 6. Behavior of officers; removal for misbehavior or infamous crime.
Section 6. All public officers shall hold their offices on condition that they behave themselves
well. The Governor shall remove from office any public officer convicted of misbehavior in
office or of any infamous crime.
§ 7. Offenses excepted from prohibition against prosecuting by information and jury trial.
Section 7. The matters within Section 28 of Article IV and Sections 7 and 8 of Article V are
excepted from the provision of the Constitution that "No person shall for any indictable offense
be proceeded against criminally by information," and also from the provisions of the
Constitution concerning trial by jury.
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 8. Interest of member or officer of department in contracts for supplies or services of
department prohibited.
Section 8. No member or officer of any department of the government shall be in any way
interested in any contract for the furnishing of stationery, printing, paper and fuel used in the
legislative and other departments of government; or for the printing, binding and distributing of
the laws, journals, official reports, and all other printing and binding, and the repairing and
furnishing the halls and rooms used for the meetings of the General Assembly and its
committees, when such contract is awarded to or by any such member, officer or department.
62 Del. Laws, c. 313 and 63 Del. Laws, c. 210;
§ 9. Prefixing Constitution to codification of laws.
Section 9. This Constitution shall be prefixed to every codification of the Laws of this State.
§ 10. Disqualification to hold office by reason of sex.
Section 10. No citizen of the State of Delaware shall be disqualified to hold and enjoy any office,
or public trust, under the laws of this State, by reason of sex.
32 Del. Laws, c. 3 and 33 Del. Laws, c. 3;
ARTICLE XVI. AMENDMENTS AND CONVENTIONS
§ 1. Proposal and concurrence of Constitutional amendments in General Assembly;
procedure.
Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or
House of Representatives; and if the same shall be agreed to by two-thirds of all the members
elected to each House, such proposed amendment or amendments shall be entered on their
journals, with the yeas and nays taken thereon, and such proposed amendment or amendments
must be disseminated to the public not more than 120 days before the next general election and
not less than 90 days before the next general election as provided for by an act of the General
Assembly; and if in the General Assembly next after the said election such proposed amendment
or amendments shall upon yea and nay vote be agreed to by two-thirds of all the members
elected to each House, the same shall thereupon become part of the Constitution.
83 Del. Laws, c. 147 and 84 Del. Laws, c. 16; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 2. Constitutional Conventions; procedure; compensation of delegates; quorum; powers
and duties; vacancies.
Section 2. The General Assembly by a two-thirds vote of all the members elected to each House
may from time to time provide for the submission to the qualified electors of the State at the
general election next thereafter the question, "Shall there be a Convention to revise the
Constitution and amend the same"; and upon such submission, if a majority of those voting on
said question shall decide in favor of a Convention for such purpose, the General Assembly at its
next session shall provide for the election of delegates to such Convention at the next general
election. Such Convention shall be composed of forty-one delegates, one of whom shall be
chosen from each Representative District by the qualified electors thereof, and two of whom
shall be chosen from New Castle County, two from Kent County and two from Sussex County
by the qualified electors thereof respectively. The delegates so chosen shall convene at the
Capital of the State on the first Tuesday in September next after their election. Every delegate
shall receive for his or her services such compensation as shall be provided by law. A majority of
the Convention shall constitute a quorum for the transaction of business. The Convention shall
have power to appoint such officers, employers and assistants as it may deem necessary, and fix
their compensation, and provide for the printing of its documents, journals, debates and
proceedings. The Convention shall determine the rules of its proceedings, and be the judge of the
elections, returns and qualification of its members. Whenever there shall be a vacancy in the
office of delegate from any district or county by reason of failure to elect, ineligibility, death,
resignation or otherwise, a writ of election to fill such vacancy shall be issued by the Governor,
and such vacancy shall be filled by the qualified electors of such district or county.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 3. Receiving, tallying and counting votes for or against Convention; return of vote;
enabling legislation.
Section 3. The General Assembly shall provide for receiving, tallying and counting the votes for
or against a Convention, and for returning to the General Assembly at its next session the state of
such vote; and shall also enact all provisions necessary for giving effect to this Article.
§ 4. Approval of bills or resolutions under this article; exemption from Article III, section
18.
Section 4. No bill or resolution passed by the General Assembly under or pursuant to the
provisions of this Article, shall require for its validity the approval of the Governor, and the same
shall be exempt from the provisions of Section 18 of Article III, of this Constitution.
§ 5. Separate ballots on question of Convention.
Section 5. In voting at any general election, upon the question, "Shall there be a Convention to
revise the Constitution and amend the same? ", the ballots shall be separate from those cast for
any person voted for at such election, and shall be kept distinct and apart from all other ballots.
ARTICLE XVII. CONTINUITY OF GOVERNMENTAL OPERATIONS
§ 1. Continuity of state and local governmental operations in periods of emergency.
Section 1. The General Assembly, in order to insure continuity of State and local governmental
operations in periods of emergency resulting from enemy attack, terrorism, disease, accident, or
other natural or man-made disaster, shall have the power and the immediate duty (1) to provide
for prompt and temporary succession to the powers and duties of public offices whose immediate
succession is not otherwise provided for by this Constitution, of whatever nature and whether
filled by election or appointment, the incumbents of which may become unavailable for carrying
on the powers and duties of such offices, and (2) to adopt such other measures as may be
necessary and proper for insuring the continuity of governmental operations. In the exercise of
the powers conferred by this section, the General Assembly shall in all respects conform to the
requirements of this Constitution except to the extent that in the judgment of the General
Assembly to do so would be impracticable or would cause undue delay.
52 Del. Laws, c. 78 and 53 Del. Laws, c. 304; 80 Del. Laws, c. 399 and 81 Del. Laws, c. 339;
SCHEDULE
§ 1. Delivery, filing and publication of enrolled copy of amended Constitution and
Schedule.
Section 1. The President of this Convention, immediately on its adjournment, shall deliver the
enrolled copy of this amended Constitution and Schedule to the Secretary of State, who shall file
the same in his or her office, and the Secretary of this Convention shall cause the same to be
published three times in two newspapers in each county of the State.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;
§ 2. Effective date of amended Constitution.
Section 2. This amended Constitution shall take effect on the tenth day of June in the year one
thousand eight hundred and ninety-seven.
§ 3. Effect on offices of Senators and Representatives; election.
Section 3. The offices of the present Senators and Representatives shall not be vacated or
otherwise affected by this amended Constitution, except that the Senators whose terms do not
expire on the day of the next general election shall thereafter represent the districts in which they
now reside until the end of the terms for which they were elected.
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.
§ 4. Commencement of terms of members of General Assembly.
[Transferred to § 3 of Article II].
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 5. Date of first general election.
Section 5. The first general election under this amended Constitution shall be held on the
Tuesday next after the first Monday in the month of November in the year one thousand eight
hundred and ninety-eight.
§ 6. Effect on Governor's term.
Section 6. The term of office of the present Governor shall not be vacated, or in any wise
affected by this amended Constitution.
§ 7. Continuation of elective and appointive offices; election of successors; renewal of
official obligations.
Section 7. Unless otherwise provided by this amended Constitution or Schedule, all persons
elected or appointed before this amended Constitution shall take effect, to State or county offices
made elective by this amended Constitution, whose terms will expire before the first Tuesday in
January in the year one thousand eight hundred and ninety-nine, shall hold their respective
offices until the said last mentioned day; and all persons elected or appointed as aforesaid to such
offices, whose terms will expire between the said first Tuesday in January in the year one
thousand eight hundred and ninety-nine and the first Tuesday in January in the year one thousand
nine hundred and one, shall hold their respective offices until the said last mentioned day; and all
persons elected or appointed as aforesaid to such offices, whose terms will expire between the
said first Tuesday in January in the year one thousand nine hundred and one and the first
Tuesday in January in the year one thousand nine hundred and three, shall hold their respective
offices until the said last mentioned day; and the successors of such persons shall be elected at
the general election next before the expiration of the terms as hereby extended; provided,
however, that the successors of the present Auditor of Accounts, State Treasurer and Insurance
Commissioner shall be elected at the general election next preceding the expiration of their
several terms of office, and the persons so elected shall enter upon the duties of their respective
offices on the first Tuesday in January following their election. The officers whose terms of
office are extended by this section shall renew their official obligations upon the expiration of
their present terms.
§ 8. Date of commencement of terms of elective officers.
[Transferred to § 24 of Article III.]
83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;
§ 9. Date of abolition of courts and judicial offices; transfer of pending proceedings and
books, records and papers.
Section 9. All the courts of justice now existing shall continue with their present jurisdiction, and
the Chancellor and judges shall continue in office until the tenth day of June in the year one
thousand eight hundred and ninety-seven; upon which day the said courts shall be abolished, and
the offices of the said Chancellor and judges shall expire.
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.
§ 10. Registers' Court and jurisdiction of justice of the peace unaffected.
Section 10. Unless otherwise provided, the Registers' Courts and the jurisdiction of Justice of the
Peace shall not be affected by this amended Constitution.
§ 11. Payments to certain incumbent judges not reappointed.
Section 11. If the Chancellor, Chief Justice or any Judge in office at the time this amended
Constitution shall take effect shall not be appointed Chancellor, Chief Justice or Judge under this
amended Constitution, he or she shall be entitled to receive the sum of fifteen hundred dollars
per annum, payable quarterly, for five years, after the expiration of his or her office, if he or she
shall so long live.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c.11;
§ 12. First biennial session of General Assembly under Constitution.
Section 12. The first biennial session of the General Assembly under this amended Constitution
shall commence on the first Tuesday in January in the year one thousand eight hundred and
ninety-nine.
§ 13. Exceptions to limitations on amount of compensation payable to members of General
Assembly and presiding officers.
Section 13. The provisions of Section 15 of Article II of this amended Constitution limiting the
amount of the compensation of the members of the General Assembly and the presiding officers
of the respective Houses shall not apply to any adjourned, special or extra session of the General
Assembly held prior to the first Tuesday in January in the year one thousand eight hundred and
ninety-nine.
§ 14. Renewal of existing corporations until enactment of general incorporation law.
Section 14. Until the General Assembly shall enact a general incorporation law as provided for in
Section 1 of Article IX of this amended Constitution, existing corporations may, be renewed for
a period not exceeding four years, without change or enlargement of their corporate powers or
duties, in the manner lawful before this amended Constitution shall take effect.
§ 15. Guardians' accounts.
Section 15. Until the General Assembly shall otherwise provide, guardians' accounts shall be
filed with and be adjusted and settled by the Register of Wills for the county, and be subject to
exception, hearing, adjustment and settlement in the Orphans' Court for the county as before this
amended Constitution took effect.
§ 16. Terms of office of persons holding office on effective date of Constitution.
Section 16. Unless otherwise provided by this amended Constitution or Schedule, the terms of
persons holding public offices to which they have been elected or appointed at the time this
amended Constitution and Schedule shall take effect, shall not be vacated or otherwise affected
thereby.
§ 17. Vacancies in Board of Pardons.
Section 17. One or more vacancies in the Board of Pardons shall not invalidate any act of the
remaining members of said Board not less than three in number.
§ 18. Laws consistent with Constitution not affected.
Section 18. All the laws of this State existing at the time this Constitution shall take effect, and
not inconsistent with it shall remain in force, except so far as they shall be altered by future laws.
§ 19. Enabling legislation.
Section 19. The General Assembly, as soon as conveniently may be after this Constitution shall
take effect, shall enact all laws necessary or proper for carrying out the provisions thereof.
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: Charles R. Jones, Secretary of C.C.
