Delaware General Assembly

House Administration 6/16/23

Committee Hearing takes place within twelve legislative days.

6/16/23

Lynn

Sen. Paradee

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE COURT OF CHANCERY.

This Act is the first leg of a constitutional amendment to require that at least 1 member of the Court of Chancery must be a resident of Kent County and at least 1 member of the Court of Chancery must be a resident of Sussex County. Because the Court of Chancery currently consists of 6 residents of New Castle County and 1 resident of Sussex County, this Act applies beginning with the next vacancy of a member of the Court of Chancery who is a resident of New Castle County to occur, whether by expiration of term or otherwise, or with the next new Vice-Chancellor position created by Act of the General Assembly, whichever occurs first. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.

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