Delaware General Assembly

Senate Elections & Government Affairs 3/24/26

Awaiting consideration in Committee

3/24/26

Brown

Rep. Morrison

Sen. Hansen
Rep. K. Johnson

AN ACT PROPOSING AN AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO FILLING A VACANCY IN THE OFFICE OF THE LIEUTENANT GOVERNOR.

This Act is the first leg of a constitutional amendment to hold a special election when there is a vacancy in the office of Lieutenant Governor, unless that vacancy occurs between July 1 of the year in which the Lieutenant Governor is chosen and the date the Lieutenant Governor’s term begins. This Act is modeled after the process of holding a special election for a vacancy for a member of the General Assembly. As with special elections for the General Assembly, the details of the special election process for the Lieutenant Governor will be made part of Title 15 by separate legislation introduced along with the second leg of this constitutional amendment in the 154th General Assembly. 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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