Bill Text: DE HB356 | 2013-2014 | 147th General Assembly | Draft

---

Bill Title: An Act Proposing An Amendment To Article Iii, 20 Of The Delaware Constitution Relating To Vacancy In Offices.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2014-05-29 - Introduced and Assigned to House Administration Committee in House [HB356 Detail]

Download: Delaware-2013-HB356-Draft.html

---

SPONSOR:	Rep. Hudson & Sen. Lopez;
	Reps. D. Short, Gray, Spiegelman; Sens. Cloutier, Hocker, Lavelle, Lawson, Pettyjohn, Simpson

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 356

AN ACT PROPOSING AN AMENDMENT TO ARTICLE III, §20 OF THE DELAWARE CONSTITUTION RELATING TO VACANCY IN OFFICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1.Amend Article III, §20 of the Delaware Constitution by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§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.

SYNOPSIS

This is the first leg of a constitutional amendment that removes the Secretary of State (appointed) from the chain of succession to be Governor in case of vacancy in the office of Governor.