Delaware General Assembly

Senate Executive 4/6/23

Awaiting consideration in Committee

4/6/23

Buckson

Rep. Ramone

Sen. Pettyjohn
Reps. Gray, Lynn, Shupe, Michael Smith

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO TERM LIMITS.

This Act is the first leg of a constitutional amendment that would create term limits for legislators and the Attorney General, Insurance Commissioner, Auditor of Accounts, and State Treasurer. Specifically, this Act provides that an individual may not be elected to be the Attorney General, Insurance Commissioner, Auditor of Accounts, or State Treasurer more than 2 times, a Senator more than 4 times, or a Representative more than 7 times. The earliest this Act could apply would be following its passage in the 153rd General Assembly and, therefore, Section 3 of this Act makes clear that this Act applies prospectively beginning with the next election held for the office. A term served before the enactment of this Act may not be included in determining a candidate’s eligibility for election to an office that is subject to this Act. 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.

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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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